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HomeMy Public PortalAboutTBP 2014-03-05 FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, February 19, 2014 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro-Tem Steve Sumrall; Trustees; Philip Naill, Eileen Waldow, Vesta Shapiro, Cheri Sanders and Adam Cwiklin Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat Havens; Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Police Chief, Glen Trainor, Plant Supervisor Joe Fuqua, Town Attorney Rod McGowan Others: See attached list Mayor Smith called the meeting to order at 5:05 p.m. 1. Roll Call: 2. Approval of Agenda: Trustee Shapiro moved, and Trustee Waldow seconded the motion to approve the Agenda. Motion carried: 7-0. 3. Executive Session: For a conference with the Town's Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4) (b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding a(n) request for out of town water and sewer service and to include, Town Manager Durbin, Town Attorney McGowan, Finance Manager Havens, Public Works Director Nordin, Consultants Ed & Jessica Harvey, Special Counsel Chris Thorne. Trustee Sumrall moved, and Trustee Shapiro seconded the motion to enter executive session. Motion carried: 7-0. Enter: 5:07 Exit: 7:10 Trustee Sanders moved, and Trustee Shapiro seconded the motion to exit executive session. Motion carried: 7-0. Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). Page 2 of 3 As the attorney representing the Town of Fraser, I am of the opinion that the entire Executive Session, which was not recorded, constituted a privileged attorney-client communication. Rod McGowan, Town Attorney 4. Consent Agenda: a) Minutes — February 5, 2014 b) Resolution 2014-02-01 Appointing Judges for the Upcoming 2014 Election Trustee Naill moved, and Trustee Waldow seconded the motion to approve the consent agenda. Motion carried: 7-0. 5. Open Forum: 6. Public Hearings: 7. Discussion and Possible Action Regarding: a) Ordinance 419 Amending The Fraser Municipal Code By Adopting Provisions Authorizing Water And Sewer Service Outside The Town Limits And Repealing Inconsistent Provisions b) Byers Peak Properties Out of Town Service Proposal Rod McGowan briefed the Board on the Ordinance in the packet. TA McGowan briefed the Board on a conversation he had with Ramsey Kropf, representing Byers Peak Properties, regarding her concerns with some of the sections in the Ordinance. TA McGowan did not recommend any changes to the Ordinance. Trustee Waldow had questions regarding the verbiage in the Town Code exhibit A. Jack Bestall gave the Board a redline version of the Ordinance outlining BPP's concerns with the Ordinance. Due to the publication requirements this Ordinance will be brought back to the Board on March 51" as an emergency Ordinance. b) Byers Peak Properties Out of Town Service Proposal 8. Community Reports: 9. Other Business: Trustee Cwiklin resigned from the Town Board to pursue employment opportunities with the Town of Fraser Page 3 of 3 Trustee Shapiro moved, and Trustee Sumrall seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 8:15 p.m. Lu Berger, Town Clerk TOWN OF FRASER ORDINANCE NO. 419 Series 2014 AN ORDINANCE AMENDING THE FRASER MUNICIPAL CODE BY ADOPTING PROVISIONS AUTHORIZING WATER AND SEWER SERVICE OUTSIDE THE TOWN LIMITS AND REPEALING INCONSISTENT PROVISIONS; TO BE EFFECTIVE IMMEDIATELY WHEREAS, the Board of Trustees of the Town of Fraser is authorized by state statutes to provide by ordinance for use of the Town's domestic water and sanitary sewer systems by consumers outside the Town limits and to contract for such outside use upon such terms as it deems proper; and WHEREAS, the Board of Trustees has determine that providing such water and sanitary sewer services to consumers outside the Town limits may be in the best interests of the Town and its residents under certain circumstances; and WHEREAS, the amendments to the Fraser Municipal Code adopted by this Ordinance will establish appropriate procedures and criteria for the Board to consider and act on applications for out-of-town water and sanitary sewer service. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: PART 1 : AMENDMENT OF MUNICIPAL CODE. 1 .1 The Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code"), is hereby amended by adding a new Article to Chapter 13 of said Code, to be numbered "Article 5 - Water and Sewer Service Outside Town Limits", which shall read as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1 .2 Chapter 13 (Municipal Utilities), Article 2 (Water System), Section 13-2-50 (Service Connections) of the Municipal Code is hereby amended by deleting subsection (g) and renumbering subsequent subsections, as follows [Note: additions are shown in bold underlined print; deletions are shown as print; the notation "No Change" indicates that the referenced provisions are not modified]: Sec. 13-2-50. Service connections. (a) - (f) [No Change] Lcjl No connection to be made in winter. [No Change]. Cross-connection control. [No Change]. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. PART 4: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 5: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance or the said Codes adopted herein is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance or said Codes. The Town of Fraser hereby declares that it would have adopted this Ordinance and said Codes, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 6: DECLARATION OF EMERGENCY; EFFECTIVE DATE. Because of the need to act promptly on a pending application for out-of-town water and wastewater service, the Board of Trustees hereby finds, determines, and declares that an emergency exists, that this Ordinance is necessary for the immediate preservation of public peace, health, - 2 - safety and welfare, and that it shall be in full force and effect immediately upon adoption. PART 7: PUBLICATION. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 5th day of MARCH, 2014. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Votes abstained: BY: Peggy Smith, Mayor ATTEST: ( SEAL ) Lu Berger, Town Clerk Published in the Middle Park Times on March 13, 2014 - 3 - EXHIBIT A ARTICLE 5 Water and Sewer Service Outside Town Limits Sec. 13-5-10. Policy; Authority (a) It is the established policy of the Town of Fraser that the purpose of the domestic water system and sanitary sewer system owned and operated by the Town is to serve the residents of the Town, and any water or sewer service provided or to be provided outside the Town limits is merely incidental to this purpose. In accordance with this policy and other considerations, Town water and sewer service will not normally be provided to property outside the Town limits. However, there may be circumstances where providing such out-of-town water and/or sewer service is in the best interest of the Town prior to annexation, and it is the intent of this Article to address those circumstances and provide a process for consideration of applications for such service. Any contract or permission for water or sewer service outside the Town limits is entirely discretionary on the part of the Board of Trustees or its designee and such service may be denied if the Board or its designee determines, in its sole judgment, that the provision of such service would not be in the best interests of the Town. Without limiting the generality of the forgoing, the Town may deny out-of-town service if existing water supplies, treatment plants or other facilities are inadequate to serve the proposed expansion. (b) The Town of Fraser is authorized to operate and maintain water facilities and sewage facilities within and without the municipality and to provide water and sewage services to consumers within and without its territorial boundaries, pursuant to the provisions of C.R.S. 31-35-402 and other provisions of Colorado law. The Fraser Board of Trustees intends to exercise such authority consistent with the provisions contained in this Article. Sec. 13-5-20. Contract Required; Agreement to Annex (a) A property owner desiring to obtain water or sewer service to serve any area outside the corporate limits of the Town shall submit an application for such service to the Town Clerk. The Board of Trustees or its designee will consider such application and determine if out-of-town service will be allowed and upon what terms. (b) As a condition for obtaining such out-of-town water and/or sewer service, the owner will be required to enter into a contract with the Town, consistent with the provisions of this Article and containing such terms and conditions as may be approved by the Board of Trustees or its designee. (c) Each contract for out-of-town water and/or sewer service shall include an agreement and covenant binding on the property owner and all future owners, to apply EXHIBIT A -PAGE 2 for or consent to the annexation of the area supplied with municipal services to the Town when such area or portion thereof becomes eligible for annexation and the Board of Trustees requests such annexation, and subject to such terms and conditions as may be provided by contract. (d) As used herein, the phrase "unless otherwise provided by contract" means or refers to a requirement or provision that applies if it is not otherwise addressed in an existing out-of-town service contract or, which applies if the requirement or provision was addressed in such a contract but that contract has expired or has otherwise been terminated. Sec. 13-5-30. Service Area. (a) An extension of water and/or sewer service outside the Town limits will only be considered if it will allow for a logical and economical use of the existing Town water and sewer facilities. To that end, the Board of Trustees shall, by resolution, designate those areas within and adjacent to the Town limits that can be logically and economically served with Town water and/or sewer (herein referred to as the "Fraser Water and Wastewater Service Area"). (b) No application for out-of-town water or sewer service shall be considered unless the property to be served is within such designated Fraser Water and Wastewater Service Area. Sec. 13-5-40. Fees and Dedications (a) Plant Investment Fees. Unless otherwise provided by contract, a property owner obtaining water or sewer service from the Town systems to serve any area outside the corporate limits of the Town shall pay to the Town a plant investment fee (PIF) in an amount equal to twice the in-town PIF rate as provided in Articles 2 and 4 of this Chapter and as established from time to time by the Board of Trustees. (b) Service Fees. Unless otherwise provided by contract, the water and sewer service fees for consumers outside the Town limits shall be in an amount equal to twice the in-town service fee rate as provided in Articles 2 and 4 of this Chapter and as established from time to time by the Board of Trustees. (c) Mill Levy Equivalent Surcharge. In the event the Town imposes a property tax mill levy for water and/or sewer improvements or operations, a surcharge shall be added to the service fees payable by out-of-town consumers, in an amount determined by the Board of Trustees, so that such out-of-town consumers pay the same or approximately the same amounts as they would if their property was subject to such mill levy. EXHIBIT A -PAGE 3 (d) Water Rights Dedication. Unless otherwise provided by contract, a dedication or transfer of direct flow and/or storage water rights to the Town shall be required prior to the approval of any extension of municipally treated water service to property outside the Town limits. The dedication or transfer must be sufficient to provide reliable water rights for the development to be served by the proposed extension of water service or to otherwise account for the impact of the proposed extension upon the Town's water rights portfolio, as determined by the Board of Trustees. (e) Payment; Collection. Nonpayment of any fees or charges applicable to out-of- town water and/or sewer service shall be grounds for disconnection of the property and/or other collection action as provided in the Fraser Municipal Code with respect to in-town service. Delinquent fees and other charges may be certified for collection by the county treasurer as provided in C.R.S. 31-20-105. Sec. 13-5-50. Owner Pays Costs of Extension; Other Applicable Provisions (a) All infrastructure and facilities required to extend water and/or sewer service to property located outside the Town boundaries shall be installed at the expense of the property owner and shall comply with the provisions of Articles 2 and 4 of this Chapter and Chapter 14 of the Fraser Municipal Code. The property owner shall provide easements for such infrastructure and facilities, as provided in the Municipal Code, and the Town may require execution of an improvement agreement, with appropriate security, for the construction and installation of such facilities. Upon completion and acceptance by the Town, all water and sewer mains and related facilities shall become the property of the Town; provided, however, that any service lines to individual properties shall remain the responsibility of the consumer. (b) No part of the water obtained from the Town water system shall be used for any purpose that is not consistent with the uses allowed by the Municipal Code. (c) Except as otherwise expressly provided herein or in the contract for water and/or sewer service, all provisions of the Fraser Municipal Code that are applicable to in-town water and sewer service shall also apply equally to out-of-town service, including any and all additional fees and charges provided in the Code that are not otherwise provided in this Article or in any service contract. Oroor IMIN t■■■■� 11 ♦� -Ii �A �■�.��i.��;-�.�. , ,r� <.�� ■■■■■ �. NONE 11111 �r /` ♦ ■IpI .uu�����.��1 ■1 0 OF FRMAIM■ ■ ��/ i i �C ��♦jam 1. •.���"�AJ��+ ���: t� �•,f.�Il�il11�A<��...�� i. 055 /...__ PPA'0 Og ORPA RPRI �■ � /,. o•� \ �� p���►III ■Q � ,� .i, J illllh, NO Service Area Parcels Fraser Water N M (Subject to Chapter 13,Article 5 _ �� 111 •.: i•�..=!: ` of . Current _■■- and Wastewater 011 Service Area Boundary Service Area Fraser Total : . Produced TOWN OF FRASER BOARD OF TRUSTEES Resolution No. 2014-03-05 A RESOLUTION DESIGNATING THE FRASER WATER AND WASTEWATER SERVICE AREA. WHEREAS, the Board of Trustees of the Town of Fraser has this date adopted Ordinance No. 419, which amends the Fraser Municipal Code by incorporating a new Article 5 of Chapter 13, relating to water and wastewater service outside the Town limits; and WHEREAS, Section 13-5-30 of the Municipal Code, as adopted pursuant to said Ordinance, calls for the Board of Trustees to designate, by resolution, those areas within and adjacent to the Town limits that can be logically and economically served with Town water and/or sewer, referred to as the "Fraser Water and Wastewater Service Area"; and WHEREAS, the Board of Trustees intends, by this Resolution, to so designate the current Fraser Water and Wastewater Service Area. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF FRASER BOARD OF TRUSTEES, AS FOLLOWS: 1 . The Board of Trustees hereby designates those areas depicted on the attached map as the Fraser Water and Wastewater Service Area, as reference in Section 13-5-30 of the Fraser Municipal Code. Such designation shall continue in effect until changed by further action of the Board of Trustees. 2. The Town Clerk or her designee is authorized and directed to include the attached map of the Fraser Water and Wastewater Service Area as an appendix to the Fraser Municipal Code. DULY MOVED, SECONDED, AND ADOPTED THIS 5th DAY OF MARCH, 2014. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Absent: Abstained: BY: Mayor ATTEST: ( SEAL ) Town Clerk Lu Berger From: Jeff Durbin Sent: Monday, March 03, 2014 10:24 AM To: Lu Berger Subject: FW: Byers Peak Properties Response to Fraser's Water &Wastewater Agreement Proposal Jeff Durbin Town Manager Town of Fraser From: Jack Bestall [ma i Ito:Jack(a)bestaIlcollaborative.com] Sent: Friday, February 28, 2014 6:30 PM To: Jeff Durbin; Peggy Smith (WP) Subject: Byers Peak Properties Response to Fraser's Water &Wastewater Agreement Proposal Jeff: We appreciate the Town's effort to provide an alternate to its original proposal. The original was a non-starter as Ramsey and I outlined in our discussion with you and Rod at the meeting last Tuesday — as it created more than double the costs which were in the annexation agreement. We have carefully evaluated Fraser's alternate proposal; with Clark taking time away from his trip to give it full consideration. The alternate proposal does not provide a workable solution, as it would prevent allowing Byers Peak to become an affordable, successful development — which we believe is important to Fraser. However, the original Byers Peak Properties Water &Wastewater Agreement offer is still on the table; and we would be glad to meet to discuss it with you. It responds to many of the Town's needs — providing an equitable partnership between Fraser and the landowner in the achievement of interim and long term storage; protection of water rights; creation of a major revenue stream ($29mil) for Fraser's capital improvements. It also makes attractive, affordable development feasible; which allows for a better performing project producing revenue to the Town. We believe that it would be better if this opportunity did not slip away from the Town, however, we are prepared to continue to take the steps necessary to establish a self-contained development project at Byers Peak Ranch and protect water rights in this portion of the Fraser Valley. Let us know what steps you would like to take next and thanks again for your efforts on this. hack Bestatl BESTALL COLLABORATIVE LIMITED 720.810.6480 Planning Environment Construction Management Development 0ack@bestallcollaborative.com PO Box 2223 Evergreen CO 80437 This message is for exclusive use of the addressee and may contain privileged and confidential information.If not the addressee,you are prohibited from reading,downloading,photocopying,distributing or otherwise using this message contents or attachments.If this occurs,destroy the message,notify the sender by e-mail and delete from your system From: Jeff Durbin [mailto:jdurbin(a)town.fraser.co.us] Sent: Friday, February 28, 2014 4:04 PM 1 To: Jack Bestall Subject: Hey Jack, Just got your message. I don't want to try to speak on behalf of BPP, could you send me a brief email or letter indicating that the Jan 30 proposal is the best BPP could offer, or however you'd like to convey the message? Jeff Durbin Town Manager Town of Fraser 153 Fraser Avenue, P.O. Box 370 Fraser, CO 80442 Phone: 970-726-5491 x202 Fax: 970-726-5518 www.frasercolorado.com Y cvcvsaav Confidentiality Warning:This message and any attachments are intended only for the use of the intended recipient(s),are confidential,and maybe privileged.If you are not the intended recipient,you are hereby notified that any review,retransmission,conversion to hard copy,copying,circulation or other use of this message and any attachments is strictly prohibited.If you are not the intended recipient,please notify the sender immediately by return e-mail,and delete this message and any attachments from your system. 2 TOWN OF FRASER WATER& WASTEWATER SERVICE AGREEMENT BYERS PEAK PROPERTIES,LLC; BYERS PEAK DOWNHILL ADVENTURES,LLC The parties to this Water and Wastewater Service Agreement (this "Agreement") are the TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado ("Fraser" or "Town"), and BYERS PEAK PROPERTIES, LLC, a Colorado limited liability company and BYERS PEAK DOWNHILL ADVENTURES, LLC, a Colorado limited liability company (collectively "Developer"). RECITALS A. Fraser is a municipal corporation existing under the laws of the State of Colorado. Developer is comprised of two limited liability companies organized and existing under the laws of the State of Colorado; B. Developer has secured an approved sketch plan from Grand County for residential and commercial development on its property, referred generally as Byers Peak Ranch and the Byers Peak Adventure Park, more specifically described in Exhibit (referred to herein as "the Property"). The sketch plan approves 1,233 Single Family Equivalent units ("SFE") for the Property, which is located outside the Town's current boundaries, and is attached as Exhibit ; and C. The Town is authorized to provide water and wastewater service outside the Town's corporate boundaries pursuant to Colorado law, C.R.S.§ 31-35-402 (2013), C.R.S. § 31- 35-512 (2013), and the Town's Municipal Code ("Code"), Chapter 13, Article 5, regarding out-of-town water and wastewater service; and D. The Fraser Board of Trustees has had the opportunity to review with Town Staff and legal counsel the proposed extension of water and wastewater services to the Property, and on (date), the Board found that this Agreement with Developer for out-of-town water and wastewater service is in the best interest of the Town, and therefore, passed a resolution approving the extension of water and wastewater service to the Developer's property subject to the execution of this Agreement; and E. Developer plans to develop the Property in several phases, by recording of successive final plats, and this Agreement will apply to the extension of all water and wastewater service to such approved plats; and F. The water and wastewater service for the Property will require the design, planning, permitting, construction, and installation of water and wastewater lines to connect the Property to Fraser's water and wastewater infrastructure, to be built at Developer's cost; and 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 2of17 G. The Town agrees to provide Developer water and wastewater utility service pursuant to the terms of the Code and pursuant to the terms and conditions specifically outlined in this agreement. H. This Agreement shall become effective upon adoption of a Resolution by the Fraser Board of Trustees approving its execution and upon execution hereof by the appropriate Fraser official and by authorized agents of the Developer entities. The date of the latest of such conditions to occur is referred to as the "Effective Date". NOW THEREFORE, for and in consideration of the premises, mutual promises and covenants herein contained, and for the other consideration offered and accepted, the receipt and adequacy of which is hereby acknowledged, the Town and Developer agree as follows: POTABLE WATER SERVICE 1. Water Service. Upon approval of this Agreement, the Town agrees to provide treated municipal water service to Developer for its approved final plat developments on the Property subject to the conditions set forth in this Agreement, the Code, and all other applicable laws, rules and regulations under local, state and federal law. While the Developer anticipates planning multiple phases, in total the final development will not exceed 1,233 SFE. Unless otherwise approved by Fraser in writing, and under cost recovery provisions noted below, such water service shall be limited to use by Developer on the Property. 2. Demand Limit and Town Capacity. The Town agrees to provide Developer sufficient water per SFE, to meet Developer's water demands for up to 1,233 SFEs, as such supply is described by the Code. Fraser's Water Rights are reasonably adequate to support the potable municipal water service for existing town users, future development and the SFEs on the Property, subject to terms and conditions set forth herein. Except as otherwise provided herein, Fraser shall be responsible for all applicable implementation, operation and accounting requirements necessary to serve the Property with sufficient water as provided by the Code. 3. Water Rights and Facilities. As partial consideration for the Town's agreement to provide water and wastewater service, and in satisfaction of Fraser's water dedication requirements in connection with the provision of municipal water service for the Property, Developer agrees to the following grants and conveyances (the "Dedicated Water Rights"): a. Conveyance of Storage Water Right. The Developer shall cause the water rights decreed in Case No. 05CW287, which provide for 25 acre feet of storage, to be conveyed to Fraser by the owners of those rights, upon the approval and execution of this Agreement. The special warranty deed for this conveyance is attached as Exhibit b. Conveyance of 05CW287 Storage Site and Easement. Developer agrees to secure and deliver to Fraser a special warranty deed conveying a parcel containing approximately four (4) acres from the Grand Park developer to Fraser, so that the Town owns property 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 3 of 17 where it can construct water storage pursuant to Case No. 05CW287 (the "6W Storage Parcel"). Such parcel, as generally described in the decree in that case, is also known as Planning Area 6W, as described in the Grand Park Planned Development District Plan recorded on November 8, 2005 in the real property records of the Clerk and Recorder of Grand County as Reception No. 2005-012709, as amended from time to time (the "Grand Park PDD Plan"), and as outlined on Sheet 3, paragraph 5, referring to a site to be deeded to Fraser for the public purpose of a maintenance facility. Developer also agrees to secure an easement to be executed and delivered to Fraser by the Grand Park developer, so Fraser may construct and access such storage on said 6W Storage Parcel (the "6W Easement"). Such easement will also include the location for necessary headgates, ditches and pipelines to deliver and release water supplies for all related facilities. Such easement shall be in the form attached as Exhibit . The specific location and description of said 6W Storage Parcel and 6W Easement shall be determined by Fraser, in consultation with the Grand Park developer, and the conveyance of said Parcel and Easement shall be completed within one (1) year from the Effective Date, and Fraser shall be permitted access to the Grand Park property during such period to conduct surveys, engineering studies and other investigations regarding the 6W Storage Parcel and the 6W Easement. Failure by the Grand Park developer to consent to the location for, and to complete the conveyance of the 6W Storage Parcel and the 6W Easement within said time shall be treated as a default by Developer hereunder. c. Conveyance of 83CW362 Storage Site and Easement. Developer further agrees to secure and deliver to Fraser a special warranty deed conveying a parcel containing approximately five (5) acres, from the Grand Park developer to Fraser, to use for developing water storage related to the Forest Meadows augmentation plan decreed in Case No. 83CW362 (the "Forest Meadows Storage Parcel"). The location of such storage parcel will be consistent with the decree entered in Case No. 83CW362 and will be located in the area of the Cozens and/or Elk Creek meadows on the Grand Park property. Developer also agrees to secure an easement to be executed and delivered to Fraser by the Grand Park developer, so Fraser may construct and access such storage on said Forest Meadows Storage Parcel (the "Forest Meadows Easement"). Such easement will also include the location for necessary headgates, ditches and pipelines to deliver and release water supplies for all related facilities. Such easement shall be in the form attached as Exhibit . The specific location and description of said Forest Meadows Storage Parcel and Forest Meadows Easement shall be determined by Fraser, in consultation with the Grand Park developer, and the conveyance of said Parcel and Easement shall be completed within one (1) year from the Effective Date, and Fraser shall be permitted access to the Grand Park property during such period to conduct surveys, engineering studies and other investigations regarding the Forest Meadows Storage Parcel and the Forest Meadows Easement. Failure by the Grand Park developer to consent to the location for, and to complete the conveyance of the Forest Meadows Storage Parcel and the Forest Meadows Easement within said time shall be treated as a default by Developer hereunder. 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 4 of 17 d. Satisfaction of Grand Park Dedication Requirements. Fraser agrees that the conveyance of the 6W Storage Parcel and Easement will satisfy the obligation of Grand Park Development, LLC to deed Planning Area 6W to Fraser pursuant to the Grand Park PDD Plan, as outlined on Sheet 3, paragraph 5,referring to a site to be deeded to Fraser for the public purpose of a maintenance facility. Fraser further agrees that the conveyance of the Forest Meadows Storage Parcel and Easement will satisfy the obligation of Grand Park Development, LLC to deed a five (5) acre "Recreation Site" to Fraser pursuant to the Grand Park PDD Plan, as outlined on Sheet 3, paragraph 5, referring to a five (5) acre site for public purpose community recreation and/or open space. e. Byers Peak Water Rights and Storage. Developer agrees to provide Fraser with additional water rights and storage from future water storage anticipated to be built on the Property. Developer shall provide dedicated water rights and storage rights to Fraser for 25 acre feet of releasable water to be stored in a future pond system on the Property as finally decreed in Case No. IOCW309. Developer agrees to decree the storage right in Case No. IOCW309 for uses anywhere within Fraser's boundaries and Water Service Area, as it may change from time to time, in addition to uses on Developer's property and Grand Park property. The water rights decreed in Case No. I OCW309 to fill and store 25 acre feet of storage shall be conveyed to Fraser by applicants and the owners thereof within thirty days of the issuance of a final decree for the same. The storage pond(s) for Fraser's 25 acre feet shall be constructed by Developer, at its expense, within 11 years after the Effective Date. The water to fill such pond shall be diverted from St. Louis Creek and shall be capable of being delivered therefrom by gravity to the pond. The water stored therein shall be capable of being released to the Fraser River via its tributaries: Elk Creek or St. Louis Creek consistent with the provisions set forth in Case No. IOCW309, WD 5. An easement for use of the pond(s) and related facilities shall be conveyed to Fraser in the form attached hereto as Exhibit and shall be executed and delivered promptly upon completion of the pond(s) that will store Fraser's 25 acre-feet. It is understood that the Byers Peak storage pond(s) may be designed to include the storage of additional water rights, and may include storm water detention capacity or any such other water uses that Developer may require. In such event, the parties shall be responsible for the costs of all operations, maintenance, repairs, and replacements, water court and agency filings or activities in proportion to the amount Developer stores in the subject pond relative to the amount of Fraser's water stored therein. With respect to any pond that will constitute all or a portion of the Fraser's storage that also will store Developer water rights, the first water stored in the same shall be deemed to be Fraser's water rights and Fraser shall have the priority of right to use the dedicated water rights over any other water stored in such pond. All property conveyances and easement rights to be conveyed to Fraser pursuant to this section shall be free of liens and encumbrances. All property conveyances shall be by special warranty deed, unless otherwise specified herein. The obligations set forth in this section 3 shall be fulfilled irrespective of whether Developer chooses not to develop all or portions of the Property. 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 5 of 17 4. Leased Water Storage for Fraser. In order to provide temporary augmentation storage for Fraser pending construction of the storage facilities pursuant to section 3 hereof, Developer agrees to secure a lease for physical water supplies from Grand Park Development, LLC, for water stored in the ponds decreed in Case Nos. 99CW315, and 08CW 194, for 25 acre feet of releasable water, decreed for augmentation use, for Fraser's use. Such lease shall grant Fraser first priority use of such water and shall be for a term of at least eight years from the Effective Date, or until the storage ponds on Forest Meadow Storage Parcel and the 6W Storage Parcel and related facilities have been constructed by Fraser and are in operation, whichever first occurs. The water shall be leased to Fraser at a rate of$5.00 an acre foot on an annual basis. The form of the lease is attached as Exhibit , and shall be executed and effective as of the Effective Date. The lease is intended to provide Fraser with physical water for any required releases required by the Town, either as required by the Forest Meadows augmentation plan decreed in Case No. 83CW362, or as otherwise required by the Town to meet calling senior water rights. All infrastructure that provides stored water under the lease noted in this section 4 shall be operated, maintained,repaired and replaced at Developer's sole costs. 5. Water Plant Investment Fees. Developer and other future owners of the Property shall pay Fraser's water plant investment fees at a rate equal to two times the in-town water plant investment fee rate charged generally by Fraser and governed by the Code at the time of connection. Except as provided in Section 18 with respect to prepaid fees, the water plant investment fee shall be paid in full per SFE prior to the issuance of a building permit by the County, and the specified multiple of the in-town fee per SFE in effect at the time of building permit issuance shall be charged. Each water plant investment fee must be paid in full prior to Fraser delivering water to the SFE at issue. The Developer agrees that its County approvals shall include a requirement that a landowner demonstrate a paid Plant Investment Fee in Fraser prior to the County accepting a landowner's plan set for County review. 6. Water Service Fees. Developer and other future owners of the Property shall pay Fraser's water service fees at a rate equal to two times the in-town water service fee rate charged generally by Fraser on a quarterly or other periodic basis and governed by the Code. If water service fees are not timely paid, Developer agrees that Fraser may use any means under its Code or other state or local law, including discontinuing service to the individual connection, to enforce timely payments. Without limiting the generality of the foregoing, Fraser shall have the right to certify delinquent service fees and related charges to the County Treasurer for collection in the same manner as taxes, pursuant to C.R.S. 31-20-105. Developer agrees to include such details in any property owner association covenants. 7. Raw Water Irrigation. Developer shall install, at Developer's sole cost and expense, a non-potable irrigation system to irrigate all open space or areas on the Property that are not individual lawns, so that such areas are to be irrigated in accordance with the final plat approved by Grand County. No Fraser water or water connections shall be used for such raw water irrigation. However, water supply for fire hydrants and public drinking fountains shall be made in compliance with the Code. Irrigation with Fraser's potable water shall be limited as required under the Code, and this restriction shall be noted by Developer in any property owner association covenants. 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 6 of 17 8. Future Water Right Cases. The Developer agrees not to oppose any water rights application filed by Fraser for the purpose of findings of reasonable diligence, making absolute or otherwise utilizing the Dedicated Water Rights and/or utilizing them as a part of its water rights inventory in connection with any plan for augmentation or other water rights that are a part of its municipal water system. In addition, Fraser agrees that it will not file opposition to future diligence cases related to the water rights that serve the Property, including but not limited to Case No. IOCW309. The parties agree to discuss whether it is appropriate to file joint applications for diligence and for making the conditional Dedicated Water Rights absolute in the event they both have interests in the same pond(s). 9. Raw Water Line Easement. It is important to Fraser that it utilize its water rights in St. Louis Creek for their decreed beneficial uses. As partial consideration for this Agreement, Developer agrees to assist in enabling Fraser to be able to divert and use its St. Louis Creek water rights given that water delivery under such rights may need to cross the Property once diverted as further provided in this paragraph. As a part of constructing Developer's diversion and transmission facilities from St. Louis Creek to the storage on the Property, and/or when constructing either water or sewer lines on the Property, or in conjunction with such other alignment that is cost effective to install the St. Louis Creek transmission line as determined by Fraser and Developer; Developer agrees to cooperate with Fraser to include the installation of a raw water transmission line in the open trenches for such facilities so Fraser may divert its municipal water rights out of St. Louis Creek and convey the water to the Town water treatment facility or future storage locations. Developer also agrees to provide Fraser with any reasonably necessary easement across the Property that will allow Fraser access to such raw water lines. Any additional costs incurred by Developer in fulfilling this responsibility will be paid by Fraser at the time that such costs are incurred. In addition, until such time that Fraser diverts and applies its St. Louis Creek water rights to the Town's beneficial uses, Fraser agrees that, on an annual basis, Developer may use those portions of its St. Louis Creek water rights not otherwise committed to other uses or parties for decreed purposes, at no cost, on the Property in order to keep such lands properly irrigated and to reduce dust within Fraser. Such use is an important municipal use for Fraser to promote the irrigation of fields adjacent to Fraser's other residential components for aesthetic and dust control purposes, among other municipal purposes. Fraser will notify Developer of the availability of such water and the parties shall discuss its uses each year, as may be appropriate, on or before April 15 of each year. Fraser may notify Developer at any time, in its sole discretion and for any or no reason, that such water will no longer be available for use. 10. On-site Wells. Section 13-2-20 of Fraser Code provides, and Developer agrees herein that on-site wells are not permitted on the Property except as approved by Fraser or as agreed upon herein. Fraser acknowledges the Developer's ponds may intercept groundwater, and if they do, the ponds will require well permits from the State Engineer. While such ponds are technically wells if they intercept groundwater and therefore are subject to the provisions of Section 13-2-20 of the Fraser Code, Fraser hereby determines that such "wells" are not contemplated by such Section, that a franchise under the laws of the State is not necessary if the ponds are deemed to be 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 7 of 17 "wells," and that the same, if deemed to be "wells" by the State Engineer, are hereby approved as exceptions to the Code. Fraser also acknowledges that the Colorado Adventure Park's water supply currently is provided through a permitted well. The water service for the Adventure Park shall be provided by Fraser upon payment of plant investment fees, the installation of a municipal water main line within 200 feet of the well; or upon connection to Fraser's municipal water system at any time agreed upon by Developer and Fraser. Until such connection is made as provided herein, the current permitted well is approved as a limited and temporary water source of supply for the Colorado Adventure Park and a franchise is not necessary to be obtained under Section 13-2-20 of the Fraser Code for the same. At the time that such water service connection is made, Fraser and Developer agree Developer may continue the use of such well for equestrian, snowmaking, and other non-potable uses within the Project as may be appropriate, subject to the final approval of Fraser. There shall be a presumption that the well will be continued for such permitted non-potable uses on the Property and any well permits shall be changed as needed by the Developer, depending upon the ultimate water uses of the same. Under no circumstances shall the well be used for potable purposes after the Colorado Adventure Park is connected to Fraser's municipal water system, absent written agreement with Fraser, and there shall be no cross connections. All potable uses of the well shall terminate upon the connection of the Adventure Park potable system to the Fraser municipal water system. Upon connecting the Adventure Park to Fraser's municipal water system, Developer agrees it shall install, at its sole cost and responsibility, proper cross-connection and backflow prevention devices and shut-off mechanisms for well operation and maintenance. Operation, maintenance, repair and replacement of the Adventure Park well shall be at Developer's sole cost and responsibility. 11. Resolution of Forest Meadows Augmentation Plan. Grand Park Development, LLC has raised claims in the past regarding Fraser's obligations and Grand Park Development's rights under the water rights and augmentation plan decreed in Case No. 83CW362, under the Annexation of the Forest Meadows property dated October 21, 1981, and under the Meyer Agreement dated June 6, 1990 (the "Forest Meadows Water Matters"). These claims have been denied by Fraser. As partial consideration for this Agreement, the Developer has secured Grand Park Development, LLC's and Cornerstone Winter Park Holdings' (collectively referred to herein as "Grand Park") agreement to waive any and all claims regarding the Forest Meadows Water Matters. In addition, Developer has secured Grand Park's agreement that the storage leased herein and storage water right conveyed herein both may operate as the stored local augmentation water required by the Forest Meadows augmentation plan. Further, Developer agrees and has secured Grand Park's agreement that neither will enter opposition to any change of water rights cases, any other water rights cases, or substitute water supply plans that may be necessary to operate the Forest Meadows augmentation plan decreed in Case No. 83CW293. Such agreement by Grand Park is attached as Exhibit 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 8 of 17 WASTEWATER SERVICE 12. Wastewater Service. Upon approval of this Agreement, Fraser will provide municipal wastewater/sanitary sewer service to the Property to serve the final plat adopted by Grand County, up to a maximum of 1,233 SFE, subject to the terms and conditions set forth herein and the applicable provisions of the Code. 13. Wastewater Plant Investment Fees. Developer and other future owners of the Property shall pay Fraser's sanitary sewer plant investment fees (also referred to as wastewater plant investment fees) at a rate equal to two times the in-town sanitary sewer plant investment fee rate charged generally by Fraser and governed by the Code at the time of connection. Except as provided in Section 18 with respect to prepaid fees, the wastewater plant investment fee shall be paid in full per SFE prior to the issuance of a building permit by the County, and the specified multiple of the in-town fee per SFE in effect at the time of building permit issuance shall be charged. Each wastewater plant investment fee must be paid in full prior to Fraser connecting its sewer service to the SFE at issue. The Developer agrees that its County approvals shall include a requirement that a landowner demonstrate a paid Plant Investment Fee in Fraser prior to the County accepting a landowner's plan set for County review. 14. Wastewater Service Fees. Developer and other future owners of the Property shall pay Fraser's sanitary sewer service fees (also referred to as wastewater service fees) at a rate equal to two times the in-town sanitary sewer service fee rate charged generally by Fraser on a quarterly or other periodic basis and governed by the Code. If wastewater service fees are not timely paid, Developer agrees that Fraser may use any means under its Code or other state or local law, including discontinuing service to the individual connection, to enforce timely payments. Without limiting the generality of the foregoing, Fraser shall have the right to certify delinquent service fees and related charges to the County Treasurer for collection in the same manner as taxes, pursuant to C.R.S. 31-20-105. Developer agrees to include such details in any property owner association covenants. 15. Individual Sewage Disposal Systems. Fraser acknowledges and approves the existing Individual Sewage Disposal System as defined by and regulated by Colorado law ("ISDS") that serves the Colorado Adventure Park. Such ISDS may continue in operation until the sooner of the following events occurs: (a) the installation of a public sewer main within 200 feet of the ISDS; or (b) at such time that the Colorado Adventure Park facilities are connected to the municipal water system of Fraser. Prior to connection, the landowner is required to pay the Plant Investment Fee required by the Town. After any one of the above events occurs, the parties agree that the Colorado Adventure Park shall connect to Fraser's municipal sanitary sewer system and the ISDS shall be abandoned, in accordance with local and state laws and regulations. TERMS APPLICABLE TO BOTH WATER AND WASTEWATER SERVICE 16. Minimum Density. Notwithstanding anything contained herein to the contrary, Fraser shall not be required to provide water or wastewater service, and no connection shall be made to 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 9 of 17 Fraser's water or wastewater systems, for any development on the Property that will have a Net Density (as defined in the Grand County Subdivision Regulations as of the Effective Date) of less than two(2)units per acre. 17. Basis for Plant Investment and Service Fees. The water and wastewater plant investment fees and service fees provided in this Agreement are higher than the in-town rates, because providing out-of-town service will entail additional utility-related costs to Fraser that are difficult to quantify with precision and because Fraser is entitled to recoup a reasonable return on its prior investments in its water and wastewater utility systems. Developer agrees that such fees provided in this Agreement are reasonable and are rationally related to the costs of providing the out-of-town services and Fraser's other legitimate,utility-related purposes. 18. Prepaid Plant Investment Fees, Accounting and Credit. In order to insure that funds are available to pay for off-site water and wastewater infrastructure needed to serve the Property, Developer agrees to prepay water and wastewater plant investment fees for one-hundred fifty (150) SFE's, at the rates specified above, concurrent with the execution of this Agreement. The amounts paid for such prepaid plant investment fees may be used by Fraser for any water or wastewater capital outlay purposes. Fraser shall account for such prepaid plant investment fees and allow credit for same when individual lots or other SFE units at the Property are connected to the Fraser system. Developer may utilize prepaid plant investment fees for connection of a designated lot or other SFE unit at the Property, or it may assign such prepaid plant investment fees to purchasers or owners of such lots or units at the Property for purposes of such connection. A written designation or assignment of such prepaid plant investment fees to be used for a connection to the system shall be provided to Fraser and to the County as proof of the payment of the applicable plant investment fees required for the connection, and Fraser shall thereupon deduct such designated or assigned plant investment fees from the Developer's prepaid plant investment fee account balance. In no event shall Developer be entitled to any refund or reimbursement for any prepaid plant investment fees purchased pursuant to this section, nor may any such prepaid plant investment fees be used or credited for lots or other SFE units located anywhere except within the Property. 19. Mill Levy Equivalent Surcharge. As provided in the Code, if Fraser subsequently imposes a property tax mill levy for water and/or sewer improvements or operations, a surcharge shall be added to the water and/or wastewater service fees payable pursuant to this Agreement to account for such mill levy. The surcharge will be in an amount determined by the Fraser Board of Trustees, so that owners of the Property pay the same or approximately the same amounts as they would if the Property was subject to such mill levy. 20. Review of Plans. Developer agrees that all subdivision plats and plans submitted to the County for the Property shall also be submitted to Fraser for review and comment, not only as to water and wastewater connections to the municipal systems, but also other matters that may affect Fraser. Developer further agrees that all final subdivision plats for the Property shall include a requirement that all applications for building permits shall be forwarded to Fraser for review and that all Fraser Code requirements must be satisfied and all applicable fees must be paid to Fraser before a permit or certificate of occupancy will be issued. Developer agrees to 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 10 of 17 reimburse Fraser for all costs, including consultant fees, incurred for review of such plats and plans, for review of the design plans for water and wastewater facilities submitted pursuant to Section 21 hereof, and for inspections of facilities constructed pursuant to such plans and designs. Payment of such reimbursement shall be due within thirty (30) days after billing by Fraser. 21. Connection to Fraser's Water and Wastewater Facilities. a. Phased Extensions. Development of the Property shall be phased in such a manner that initial development occurs adjacent to or as near as feasible to Town boundaries and existing Fraser water and wastewater infrastructure to be connected to the Property, and subsequent phases shall be developed in a similar manner, so that maintenance expenses relating to the new mains and related facilities are minimized. Any deviation from this requirement may occur only with Fraser's written approval. b. Design for Connection. Developer shall provide design and engineering information for the water main line connections and/or wastewater main line connections and all related facilities and easements to Fraser not less than 60 days prior to construction for Fraser's approval, which shall not be unreasonably withheld. Such designs and plans shall be in compliance with the Grand County development approvals. The parties agree that all design and construction shall also be in compliance with Town water and sanitary sewer standards and sizes and installation requirements, as governed by the Code and Town regulations. Developer shall be required to execute an improvement agreement in the form customarily used by Fraser for subdivision development, with security acceptable to Fraser, prior to the start of construction. Upon Fraser's approval of the construction plans and improvement agreement, and after any required easements are secured and demonstrated to Fraser (and compliance with other terms of this Agreement and requirements of the Code), then construction can begin. c. Connection Costs. Developer shall be solely responsible for all costs, materials, labor and fees required to construct water main lines on the Property and connections to Fraser's water main lines, and for constructing wastewater main lines on the Property and connections to Fraser's wastewater main lines, including Town inspection charges. Except as provided above with respect to Dedicated Water Rights, the Plant Investment Fees, referenced above, constitute Fraser's revenue source for all other off-site water and wastewater infrastructure that may be needed to provide water and wastewater service to the Property, including but not limited to, additional capacity, regional facilities, wells, water treatment plants,water storage, and water tanks. d. On-Site Improvements; Inspections and Fees. Developer shall install all water and wastewater main lines, service lines and stub-outs, meters and necessary improvements and facilities upon its Property at its sole cost and expense, including provision of all insurance, without any reimbursement from the Town. Such water and wastewater service lines and connections, including water metering, shall be subject to all requirements of the Code and other regulations generally applicable in Fraser, including 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 11 of 17 but not limited to required inspections and requirements for installation and testing of backflow prevention devices. Fraser may establish and collect reasonable application and inspection fees for water and wastewater connections on the Property. e. Easements. All required easements for water and wastewater service lines, both on-site and off-site of the Property shall be obtained by Developer, and proof of such easements shall be provided to Fraser prior to constructing such lines. Such easement agreements shall be in the customary and usual form required by Fraser for water and wastewater service lines and infrastructure, and shall be obtained and finalized at Developer's sole cost. f. Ownership. Developer shall provide the Town with reproducible as-built drawings and AutoCAD drawing data on electronic media, easements for all water and wastewater lines and facilities in scope and form reasonably acceptable to Fraser, and as required by the Code. Developer shall also assign all material and labor warranties and certification by a Colorado professional engineer that facilities have been built in accordance with the Code and related Town standards and are in proper condition. The requirements of the Code for acceptance by Fraser of any water main lines, wastewater main lines, or other required improvements shall be met prior to Fraser providing service to any of the lines or required improvements. Developer shall convey all water and wastewater main lines, related infrastructure and easements as required by the Code, upon approved completion of such lines. g. Outside Connections. Developer agrees that it will not allow any water or wastewater users, other than landowners within the approved County final plats for the Property, to access any water or wastewater main lines, any water or wastewater improvements, or service without written consent from the Town. 22. Infrastructure Construction, Conveyance and Warranty. Developer agrees to conform to the development standards in the applicable provisions of the Code with regard to infrastructure construction and acceptance related to water and wastewater service. For a period of one year after dedication and acceptance of all of the required improvements to the Town, which approval shall not be unreasonably withheld, Developer shall warrant the construction, installation and survivability of the required improvements to the standards required by the Code. At Developer's sole cost and expense, Developer agrees to make all needed and necessary repairs and replacements required for Code compliance, including but not limited to, defective materials, design or workmanship, breach of contract, failure to abide by approved plans or standards, but not associated with ordinary and normal wear and tear. Developer agrees that notice of completion, all inspections and warranty notice timing shall be as dictated by the Code and Fraser's regulations. 23. Excess Capacity. Developer is only responsible for costs associated with on-site water and wastewater main lines that are reasonably required to service the Property. If Fraser requests that the water or wastewater main lines be constructed by Developer with extensions or excess capacity to serve property not within the Property, the parties shall enter into a supplemental 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 12 of 17 written agreement to confirm the details and the additional costs of the proposed extension or excess capacity and arrangements for reimbursement of the additional costs to Developer by Fraser or the other property to be served. Developer shall not be entitled to any reimbursement for on-site water and wastewater infrastructure except pursuant to such a supplemental agreement. 24. Future Annexation. Pursuant to the provisions of C.R.S. 31-12-121, Developer agrees, for itself, its successors and assigns, to apply for or consent to the annexation of the Property, or a portion thereof, to the Town of Fraser at a future date when such Property or portion thereof is or becomes eligible for annexation and the Board of Trustees, by resolution and at the Board's sole discretion, requests that the Property or designated portion be annexed to the Town. Fraser agrees that no request for annexation shall be made until Grand County has approved a final subdivision plat or plats for the area to be annexed, or until the expiration of twenty (20) years after the Effective Date, whichever comes first, unless otherwise agreed by Developer or a future owner of the area proposed to be annexed. Contiguity may be established by the annexation of one or more parcels within the Property in a series as contemplated in C.R.S. 31-12- 104(1)(a). Such annexation shall not divest or diminish any land use approvals, grants of exemption, variances, design approvals or any other development rights awarded by Grand County for the Property, including but not limited to the vesting periods for such land use approvals or development rights, to the extent such approvals and rights are legally vested on behalf of Developer prior to annexation to the Town. Upon adoption by Fraser of a resolution requesting annexation, the owners of the Property or portion to be annexed shall submit a petition for annexation that complies with applicable requirements of state law to commence annexation proceedings. Failure of Developer and/or its successors in interest to commence annexation proceedings as herein required shall authorize the Town to commence such annexation on their behalf, in which event the Town shall charge, and Developer (or if such property has been transferred, its successors in interest) shall pay all costs and fees associated with such annexation. Nothing contained herein shall obligate Fraser to annex the Property or any portion thereof, and any such annexation shall be at the sole discretion of the Fraser Board of Trustees, if and when the conditions specified in this section are satisfied. Should any portion of the Property ever be annexed to the Town, then Developer or its successors in interest agree to comply with various annexation water obligations as may be required by the Town at that time, but that water rights dedication, water plant investment fees, and wastewater plant investment fees are governed by this Agreement. Developer agrees that it will not annex the Property to any other municipality without Fraser's written consent. 25. Term. Unless sooner terminated as provided herein, this Agreement shall continue in effect for a period of thirty-five (35) years from the Effective Date. Upon expiration or termination of this Agreement, any portions of the Property connected to the Towns' water service and wastewater service pursuant to this Agreement shall not be disconnected, but any such connections shall be subject to the then-existing provisions of the Code relating to out-of-town water and wastewater service, as those provision apply in the absence of a contract for such service. 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 13 of 17 26. No Guarantee of Quality, Quantity or Pressure. The Town's agreement to provide water and wastewater service pursuant to this Agreement does not constitute a guarantee that such service will be of a certain quality or that it will not be subject to periodic interruption due to natural or other causes beyond Frasefs control. Fraser shall not be liable for any such conditions affecting the water or wastewater service hereunder, except as provided by and to the extent allowed under the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq. or any successor statute. 27. Enforcement. Time is of the essence hereof. The parties recognize and agree that the Town has the right to enforce its rules, policies, regulations, Code provisions and the terms of this Agreement by the disconnecting of the water and/or wastewater service provided hereunder. Without limiting the foregoing, Developer agrees that the Town may also enforce any violation of the Town's rules, policies, regulations, ordinances, or Code provisions and the terms of this Agreement by mandatory or prohibitory injunction or specific performance as allowed by Colorado law. It is further agreed that, in the event Developer fails to provide the Dedicated Water Rights to Fraser in the time frames provided for herein, Fraser may also refuse to allow additional water and wastewater main and service line connections until such default is fully cured. If such cure is not made within sixty (60) days after notice of the default is given, Fraser may terminate this Agreement by notice to Developer, in which case Fraser shall retain any and all sums paid by Developer hereunder and may recover such damages from Developer as may be proper. 28. Public Utili . Status. The parties agree that for purposes of this out-of-town service, the Town is not a public utility for water and wastewater service compelled to serve other properties, or subject to review by Colorado's Public Utility Commission. To the extent allowed by law, Developer agrees that neither it, nor its successors in interest or assigns shall at any time petition the Colorado courts, the Board of County Commissioners of Grand County, the Town, or the Public Utilities Commission or any other governmental entities to require service to any property or to acquire jurisdiction over the water treatment and distribution systems or wastewater collection and treatment systems of the Town. 29. No Waiver. Failure of a party hereto to exercise any right hereunder shall not be deemed a waiver of any such right and shall not affect the right of such party to exercise at some future time said right or any other right it may have hereunder. 30. Notices. All notices required to be given shall be deemed given upon deposit in the United States mail, first class postage prepaid, properly addressed to the person or entity to whom directed at the address shown herein, or at such other address as shall be given by notice pursuant to this paragraph: Town of Fraser: With copy to: Fraser Town Manager Rodney R. McGowan, Esq. P.O. Box 370 Cazier,McGowan &Walker 153 Fraser Avenue P.O. Box 500 Fraser, CO 80442 Granby, CO 80446 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 14 of 17 rmcgowan@gwestoffzce.net Developer: Byers Peak Properties, LLC With copy to: Byers Peak Downhill Adventures, LLC Ramsey Kropf, Esq. P.O. Box 30 PatricklMillerlKropfNoto P.C. Winter Park, CO 80482 197 Prospector Road, Suite 2104A Attn: Clark Lipscomb Aspen, CO 81611 clark@cstoneholdings.com kropMwaterlaw.corn 31. Force Majeure. No party shall be held liable for a failure to perform hereunder due to wars, strikes, acts of God, natural disasters, floods, drought or other similar occurrences outside of the control of that party. 32. Severability. If any provision of this Agreement shall be or become invalid or unenforceable, the remainder of the provisions of this Agreement shall not be affected thereby, and each and every provision shall be enforceable to the fullest extent permitted by law. 33. Amendment. Except as expressly provided for herein to the contrary, this Water and Wastewater Service Agreement may not be amended, except by subsequent written agreement of the parties. 34. Indemnity. Developer shall indemnify and hold the Town harmless from any liability for events or occurrences arising from the Town entering this Agreement and/or providing water or wastewater service to Developer, except where such liability arises due to the negligence or willful misconduct of the Town. Nothing contained herein, however, shall constitute or result in any waiver or diminishment of and defense or limitation available to the Town under the Colorado Governmental Immunity Act or other applicable law. 35. Contractual Obligations. Each of the Developer entities agrees to be jointly and severally obligated under this Agreement to fulfill the responsibilities, obligations and provisions agreed upon by Developer, including without limitation those provisions relating to default and the remedies and cures associated with the same. Notwithstanding the foregoing, Fraser shall have the right to look to only one Developer entity for compliance herewith, as appropriate, and to seek remedies in the event of a default against only one of the Developer entities and shall not be obligated to include both in any effort, proceeding or action to secure the same. 36. Assignmen . This agreement shall not be assigned by Developer without the written consent of Fraser, and Developer agrees that such consent may be withheld in the event Fraser determines in its reasonable discretion that the proposed successor or assign does not have financial capacity to perform the obligations of Developer herein. 37. Entire Agreement. This agreement constitutes the entire agreement between the parties with respect hereto and supersedes all prior written and oral agreements and representations of the parties. 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 15 of 17 38. Authorization. By executing this agreement, the parties acknowledge and represent to one another that all procedures necessary to contract and execute this agreement have been performed and that the person(s) signing for each party have been duly authorized to do so and to bind said party to the terms and conditions hereof. 39. Execution. This Agreement may be executed in multiple parts as originals or by email or facsimile copies of executed originals; provided however, if executed and evidence of execution is made by electronic copy, then an original shall be provided to the other party(ies)within seven days of receipt of said electronic copy. 40. Recording; Binding g ffect. This Agreement shall be recorded in the real property records of the Clerk and Recorder of Grand County, Colorado, and shall constitute constructive notice of this Agreement and all of its individual provisions. The provisions of this Agreement shall constitute covenants and servitudes which shall burden and run with the land comprising the Property and the burdens and benefits hereof shall bind and inure to the benefit of all estates and interests in the Property and all assigns and successors in interest to the parties hereto. (Remainder of page left blank intentionally) 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 16 of 17 IN WITNESS WHEREOF, the parties have set their hand and official seals the day and year first above written. TOWN OF FRASER, COLORADO By: Margaret"Peggy" Smith,Mayor 153 Fraser Avenue P.O. Box 370 Fraser, CO 81637 ATTEST: Lu Berger, Town Clerk BYERS PEAK PROPERTIES, LLC C. Clark Lipscomb, President As Authorized Agent for and on behalf of Byers Peak Properties, LLC BYERS PEAK DOWNHILL ADVENTURES, LLC C. Clark Lipscomb, President As Authorized Agent for and on behalf of Byers Peak Properties, LLC 2014-02-25 Out-of-Town Water Service Agreement Town of Fraser and Byers Peak Properties,LLC;Byers Peak Downhill Adventures,LLC Page 17 of 17 STATE OF COLORADO ) SS. COUNTY OF GRAND ) Subscribed and sworn to before me this day of , 2014, by Margaret"Peggy" Smith, as Mayor, and by Lu Berger, Town Clerk, Town of Fraser, Colorado. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) SS. COUNTY OF GRAND ) Subscribed and sworn to before me this day of , 2014, by C. Clark Lipscomb as authorized agent for and on behalf of Byers Peak Properties, LLC and Byers Peak Downhill Adventures, LLC. Witness my hand and official seal. My Commission expires: Notary Public 2014-02-25 TOWN OF FRASER-JOINT FACILITIES BALANCE SHEET JANUARY 31,2014 JOINT FACILITIES FUND ASSETS 40-10100 CASH ALLOCATED TO OTHER FUNDS 19,700.00 40-10210 JFOC CHECKING-GMB 0318047507 91,997.98 40-10215 GMB MONEY MARKET-O&M RESERVE 30,987.50 40-11550 A/R-WPR 14,155.76 40-11560 A/R-GC#1 22,639.34 40-11570 A/R-TOF 12,528.07 TOTAL ASSETS 192,008.65 LIABILITIES AND EQUITY LIABILITIES 40-20920 JFOC O&M RESERVE 191,979.00 TOTAL LIABILITIES 191,979.00 FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES-YTD 29.65 BALANCE-CURRENT DATE 29.65 TOTAL FUND EQUITY 29.65 TOTAL LIABILITIES AND EQUITY 192,008.65 TOWN OF FRASER-JOINT FACILITIES REVENUES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 JOINT FACILITIES FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 40-30-100 INTEREST-O&M ACCOUNTS 29.65 29.65 400.00 370.35 7.4 40-30-200 O&M REIMBURSEMENT-WPR 8,250.02 8,250.02 235,827.00 227,576.98 3.5 40-30-210 O&M REIMBURSEMENT-GC#1 13,194.26 13,194.26 376,180.00 362,985.74 3.5 40-30-220 O&M REIMBURSEMENT-TOF 7,301.40 7,301.40 204,002.00 196,700.60 3.6 40-30-900 MISCELLANEOUS REVENUE .00 .00 2,000.00 2,000.00 .0 40-30-999 CARRYOVER BALANCE .00 .00 192,116.00 192,116.00 .0 TOTAL REVENUE 28,775.33 28,775.33 1,010,525.00 981,749.67 2.9 TOTAL FUND REVENUE 28,775.33 28,775.33 1,010,525.00 981,749.67 2.9 TOWN OF FRASER-JOINT FACILITIES EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 JOINT FACILITIES FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT PLANT EXPENDITURES 40-85-110 SALARIES 17,489.52 17,489.52 192,326.00 174,836.48 9.1 40-85-210 HEALTH INSURANCE 2,940.73 2,940.73 50,400.00 47,459.27 5.8 40-85-220 FICA TAX 1,269.32 1,269.32 14,713.00 13,443.68 8.6 40-85-230 RETIREMENT 509.56 509.56 7,693.00 7,183.44 6.6 40-85-250 UNEMPLOYMENT TAX 52.47 52.47 577.00 524.53 9.1 40-85-280 TRAINING PROGRAMS .00 .00 3,000.00 3,000.00 .0 40-85-290 TRAVEL-MEALS AND LODGING .00 .00 2,500.00 2,500.00 .0 40-85-295 MEALS-LOCAL BUSINESS .00 .00 200.00 200.00 .0 40-85-310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0 40-85-320 AUDIT FEE .00 .00 5,000.00 5,000.00 .0 40-85-330 ENGINEERING FEES .00 .00 15,000.00 15,000.00 .0 40-85-350 SLUDGE REMOVAL .00 .00 65,000.00 65,000.00 .0 40-85-370 PROFESSIONAL SERVICES 243.60 243.60 20,000.00 19,756.40 1.2 40-85-375 REIMBURSABLE PROF SERVICES .00 .00 1,000.00 1,000.00 .0 40-85-410 BANK CHARGES .00 .00 100.00 100.00 .0 40-85-430 INSURANCE-PLANT .00 .00 35,000.00 35,000.00 .0 40-85-440 ADVERTISING .00 .00 500.00 500.00 .0 40-85-460 PLANT MAINTENANCE AND REPAIR 686.00 686.00 40,000.00 39,314.00 1.7 40-85-475 GROUNDS MAINTENANCE .00 .00 2,000.00 2,000.00 .0 40-85-480 EQUIPMENT RENTAL .00 .00 500.00 500.00 .0 40-85-490 PROFESSIONAL MEMBERSHIPS .00 .00 500.00 500.00 .0 40-85-500 OPERATING SUPPLIES 152.19 152.19 20,000.00 19,847.81 .8 40-85-506 OPERATING SUPPLIES-CHEMICALS 4,842.50 4,842.50 85,000.00 80,157.50 5.7 40-85-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 20,000.00 20,000.00 .0 40-85-520 TESTING 153.60 153.60 55,000.00 54,846.40 .3 40-85-525 PERMITS .00 .00 10,000.00 10,000.00 .0 40-85-560 UTILITIES-TELEPHONE 171.36 171.36 5,500.00 5,328.64 3.1 40-85-562 UTILITIES-ELECTRICITY .00 .00 140,000.00 140,000.00 .0 40-85-565 UTILITIES-NATURAL GAS .00 .00 6,000.00 6,000.00 .0 40-85-567 UTILITIES-PLANT GENERATOR .00 .00 2,500.00 2,500.00 .0 40-85-569 UTILITIES-TRASH REMOVAL 161.90 161.90 3,500.00 3,338.10 4.6 40-85-650 VEHICLE EXPENSES 72.93 72.93 6,500.00 6,427.07 1.1 40-85-690 MISCELLANEOUS EXPENSE .00 .00 1,000.00 1,000.00 .0 TOTAL PLANT EXPENDITURES 28,745.68 28,745.68 816,009.00 787,263.32 3.5 TOTAL FUND EXPENDITURES 28,745.68 28,745.68 816,009.00 787,263.32 3.5 NET REVENUE OVER EXPENDITURES 29.65 29.65 194,516.00 194,486.35 .0 TOWN OF FRASER-JOINT FACILITIES BALANCE SHEET JANUARY 31,2014 JFF-CRR/CIP FUND ASSETS 47-10100 CASH-COMBINED FUND ( 19,700.00) 47-10220 COLOTRUST 8006-CRR 50,065.71 47-10310 CB MONEY MARKET-CRR 245,473.44 47-10410 GMB MONEY MARKET-CRR 34,206.05 47-10521 CDARS-1014540756-CRR 381,952.19 47-10522 CDARS-1014540802-CRR 381,952.21 47-10523 CDARS-1014540837-CRR 381,901.01 47-10524 CDARS-1015381732-CRR 200,972.66 47-10525 CDARS-1015300856-CRR 365,782.67 47-10526 CDARS-1015300872-CRR 382,497.30 TOTAL ASSETS 2,405,103.24 LIABILITIES AND EQUITY LIABILITIES 47-20200 ACCOUNTS PAYABLE TRADE 10,123.50 47-20910 JFOC-CRR FUNDS 2,393,842.46 TOTAL LIABILITIES 2,403,965.96 FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES-YTD 1,137.28 BALANCE-CURRENT DATE 1,137.28 TOTAL FUND EQUITY 1,137.28 TOTAL LIABILITIES AND EQUITY 2,405,103.24 TOWN OF FRASER-JOINT FACILITIES REVENUES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 JFF-CRR/CIP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT CRR AND CIP FUND REVENUES 47-30-100 INTEREST INCOME-CRR ACCOUNTS 1,137.28 1,137.28 15,000.00 13,862.72 7.6 47-30-990 CRR CARRYOVER BALANCE .00 .00 2,396,684.00 2,396,684.00 .0 TOTAL CRR AND CIP FUND REVENUES 1,137.28 1,137.28 2,411,684.00 2,410,546.72 .1 TOTAL FUND REVENUE 1,137.28 1,137.28 2,411,684.00 2,410,546.72 .1 TOWN OF FRASER-JOINT FACILITIES EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 JFF-CRR/CIP FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT CAPITAL RPLMNTRESERVE PROJECTS 47-60-730 CRR PROJECTS .00 .00 248,000.00 248,000.00 .0 TOTAL CAPITAL RPLMNTRESERVE PROJEC .00 .00 248,000.00 248,000.00 .0 CAPITAL IMPROVEMENT PROJECTS 47-65-730 CIP PROJECTS .00 .00 134,000.00 134,000.00 .0 TOTAL CAPITAL IMPROVEMENT PROJECTS .00 .00 134,000.00 134,000.00 .0 CAPITAL PURCHASES 47-69-740 CAPITAL PURCHASES .00 .00 150,000.00 150,000.00 .0 TOTAL CAPITAL PURCHASES .00 .00 150,000.00 150,000.00 .0 TOTAL FUND EXPENDITURES .00 .00 532,000.00 532,000.00 .0 NET REVENUE OVER EXPENDITURES 1,137.28 1,137.28 1,879,684.00 1,878,546.72 .1 J E J N N Q Q I I �l D� �l0 ill �l0 /Ol ��� �l 6 1, �l 8 l Q li Q �10� d cnl. �S O /C- � �l0 U l�� � fi10� i �l/r�l Q O� i�I �r0 l �l0 ill l 0 �l0 / 1, �r 6 O� C-1 8 0 l ° o O° IR ° rN o ri 0 0 0 0 0 li 1/2n J 7 ++ E � J 7 7 U U I I 6t Ol:t ctIO rr ot, r c�rO 'Or ot, r� e;x G oe r, `rl cP � r Q� SrO Q �rO �9 0 C, H O�� � �rO cl�;�, L crl. riS Q ell Q 0 'r V r°�� �rO r �rO 'rr r r, �r 6 O� �r r o Ln o Ln o Sri O �I M N N ri ri 1/2n J E I I �l 01, �j ctl0 /rl o/� l/ X10 Ol 1, �r 6 S � J l01:1i �l H O�� Q Sl0 0 d Fl �S O Ole �r0 �l l �r0 ill 1, Cl0 Ol l� C,l 6 0 O O O O O O O O O O O 01i O 00 kD N O 00 l0 R* N O N O O O O O 0 0 0 0 0 0 0 0 0 0 0 1/2n C OIL OR A I] O Treatment Plant update: • Pre-Treatment Facilities — Everything is working fine. • Secondary Treatment Facilities —We installed new equipment in basin #2 and switched operation from basin 1 to 2. It takes about thirty days for a switch over or start-up of a new basin. • Disinfection Facilities — Equipment is working well. The Wedeco representative is stopping by on February 26th this is the UV system we have. • Solids Handling —We have begun running the centrifuge again after completing repairs to the plant water systems. • Site & Landscape— Snow removal and keeping the roads open is ongoing and time consuming. • Water System — Repairs and updates are being done to the plants water systems. • Chemical Building —We installed the equipment and did the start-up. We had a few issues with the bag agitator. It seems the equipment had not been tested before shipment. The Construction as Approved Certification Form has been submitted to the health department. • Permit Requirements —The compliance schedule in the permit has requirements to locate the sources of the following metals; dissolved copper and total recoverable arsenic. We have been sampling the collection systems of all three users of the treatment plant to locate the sources. There are a number of metals that we test for that meet the permit limits or are below detection limits. Please call if you have any questions. Town of Fraser PO Box 370,Fraser,CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com TOWN OF FRASER COMBINED CASH INVESTMENT JANUARY 31,2014 COMBINED CASH ACCOUNTS 01-10200 GENERAL CHECKING#878-000884 165,255.35 01-10220 GENERAL CO-01-0160-8001 7,115,113.88 TOTAL COMBINED CASH 7,280,369.23 01-10100 CASH ALLOCATED TO OTHER FUNDS ( 7,280,369.23) TOTAL UNALLOCATED CASH .00 CASH ALLOCATION RECONCILIATION 10 ALLOCATION TO GENERAL FUND 2,704,302.82 20 ALLOCATION TO CONSERVATION TRUST FUND 893.87 30 ALLOCATION TO CAPITAL EQUIP REPLACEMENT FUND 470,631.42 32 ALLOCATION TO CAPITAL ASSET FUND 113,894.74 40 ALLOCATION TO DEBT SERVICE FUND 417,350.28 50 ALLOCATION TO WATER FUND 915,098.53 55 ALLOCATION TO WASTEWATER FUND 2,658,197.57 TOTAL ALLOCATIONS TO OTHER FUNDS 7,280,369.23 ALLOCATION FROM COMBINED CASH FUND-01-10100 ( 7,280,369.23) ZERO PROOF IF ALLOCATIONS BALANCE .00 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:1 TOWN OF FRASER BALANCE SHEET JANUARY 31,2014 GENERALFUND ASSETS 10-10100 CASH-COMBINED FUND 2,704,302.82 10-11100 PROPERTY TAXES RECEIVABLE 195,916.00 10-11110 SALES TAXES RECEIVABLE 188,082.91 10-11190 OTHER TAXES RECEIVABLE 3,227.12 10-11550 ACCTS REC-BILLINGS 52,670.67 10-12000 ALLOWANCE FOR DOUBTFUL ACCTS. ( 20,409.55) TOTAL ASSETS 3,123,789.97 LIABILITIES AND EQUITY LIABILITIES 10-20200 ACCOUNTS PAYABLE TRADE 22,417.66 10-21000 ACCRUED WAGES 22,983.52 10-21710 FWT/FICA PAYABLE 8,352.10 10-21730 STATE WITHHOLDING PAYABLE 4,127.00 10-21740 UNEMPLOYMENT TAXES PAYABLE 323.91 10-21750 RETIREMENT PLAN PAYABLE 2,715.52 10-21755 457 DEFERRED COMP PAYABLE 2,199.60 10-21760 HEALTH INSURANCE PAYABLE 949.97 10-21773 DEPENDENT CARE PAYABLE ( 1,203.89) 10-21775 FLEX HEALTH PLAN PAYABLE 3,450.46 10-22210 DEFERRED TAXES 195,916.35 10-22920 SUBDIVISION IMP SECURITY DEP 7,779.00 10-22930 DRIVEWAY PERMIT SURETY 12,500.00 10-22950 RENTAL PROPERTY DEPOSITS HELD 750.00 10-22960 COMMUNITY DONATIONS-PROJECTS 500.00 TOTAL LIABILITIES 283,761.20 FUND EQUITY 10-27000 RESFUND BAL-SAVINGS 750,000.00 10-27100 RESTRICTED FUND BALANCE 221,805.00 UNAPPROPRIATED FUND BALANCE: 10-29800 FUND BALANCE-BEGINNING OF YR 2,009,093.74 REVENUE OVER EXPENDITURES-YTD ( 140,869.97) BALANCE-CURRENT DATE 1,868,223.77 TOTAL FUND EQUITY 2,840,028.77 TOTAL LIABILITIES AND EQUITY 3,123,789.97 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:2 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT TAXES 10-31-100 GENERAL FUND PROPERTY TAX .00 .00 190,000.00 190,000.00 .0 10-31-200 SPECIFIC OWNERSHIP TAX .00 .00 8,500.00 8,500.00 .0 10-31-300 MOTOR VEHICLE TAX .00 .00 4,200.00 4,200.00 .0 10-31-400 TOWN SALES TAX .00 .00 1,650,000.00 1,650,000.00 .0 10-31-410 USE TAX-BUILDING MATERIALS .00 .00 55,000.00 55,000.00 .0 10-31-420 USE TAX-MOTOR VEHICLE SALES .00 .00 45,000.00 45,000.00 .0 10-31-430 STATE CIGARETTE TAX .00 .00 5,000.00 5,000.00 .0 10-31-800 FRANCHISE FEES .00 .00 49,000.00 49,000.00 .0 TOTAL TAXES .00 .00 2,006,700.00 2,006,700.00 .0 LICENSES&PERMITS 10-32-100 BUSINESS LICENSE FEES 20.00 20.00 12,000.00 11,980.00 .2 10-32-110 REGULATED INDUSTRY FEES/TAXES .00 .00 22,500.00 22,500.00 .0 TOTAL LICENSES&PERMITS 20.00 20.00 34,500.00 34,480.00 .1 CHARGES FOR SERVICES 10-34-100 ANNEXATION FEES .00 .00 1,000.00 1,000.00 .0 10-34-110 ZONING FEES .00 .00 1,500.00 1,500.00 .0 10-34-120 SUBDIVISION FEES .00 .00 1,500.00 1,500.00 .0 10-34-130 MISCELLANEOUS PLANNING FEES .00 .00 1,000.00 1,000.00 .0 TOTAL CHARGES FOR SERVICES .00 .00 5,000.00 5,000.00 .0 MISCELLANEOUS REVENUE 10-36-100 INTEREST EARNINGS 265.14 265.14 3,500.00 3,234.86 7.6 10-36-300 RENTAL INCOME 1,205.00 1,205.00 8,000.00 6,795.00 15.1 10-36-610 REIMBURSABLE-PROF SERVICES 1,896.31 1,896.31 50,000.00 48,103.69 3.8 10-36-900 MISCELLANEOUS REVENUE 12,598.36 12,598.36 35,000.00 22,401.64 36.0 TOTAL MISCELLANEOUS REVENUE 15,964.81 15,964.81 96,500.00 80,535.19 16.5 OTHER SOURCES&TRANSFERS 10-39-999 CARRYOVER BALANCE .00 .00 1,936,501.00 1,936,501.00 .0 TOTAL OTHER SOURCES&TRANSFERS .00 .00 1,936,501.00 1,936,501.00 .0 TOTAL FUND REVENUE 15,984.81 15,984.81 4,079,201.00 4,063,216.19 .4 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:3 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT TOWN BOARD 10-41-110 SALARIES .00 .00 26,000.00 26,000.00 .0 10-41-220 FICA TAX .00 .00 1,989.00 1,989.00 .0 10-41-280 TRAINING PROGRAMS .00 .00 2,000.00 2,000.00 .0 10-41-290 TRAVEL,MEALS AND LODGING .00 .00 5,000.00 5,000.00 .0 10-41-295 MEALS AND ENTERTAINMENT 305.43 305.43 8,000.00 7,694.57 3.8 10-41-690 MISCELLANEOUS EXPENSE .00 .00 3,000.00 3,000.00 .0 10-41-860 GRANTS AND AID TO AGENCIES 500.00 500.00 .00 ( 500.00) .0 10-41-861 INTERGOVERNMENTAL AGREEMENTS .00 .00 19,000.00 19,000.00 .0 10-41-862 FRASER/WINTER PARK POLICE DEPT .00 .00 412,080.00 412,080.00 .0 10-41-863 STREET LIGHTING AND SIGNALS .00 .00 14,500.00 14,500.00 .0 10-41-864 SPECIAL EVENTS .00 .00 20,000.00 20,000.00 .0 10-41-867 CHAMBER OF COMMERCE-IGA .00 .00 54,945.00 54,945.00 .0 10-41-868 WINTER SHUTTLE-IGA 10,400.00 10,400.00 52,000.00 41,600.00 20.0 10-41-870 BUSINESS DIST STREETSCAPE .00 .00 5,000.00 5,000.00 .0 10-41-871 BUSINESS ENHANCEMENT PROGRAMS .00 .00 90,000.00 90,000.00 .0 TOTAL TOWN BOARD 11,205.43 11,205.43 713,514.00 702,308.57 1.6 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:4 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 10-45-110 SALARIES 27,560.59 27,560.59 209,116.00 181,555.41 13.2 10-45-210 HEALTH INSURANCE 5,598.50 5,598.50 36,378.00 30,779.50 15.4 10-45-220 FICA TAX 1,994.64 1,994.64 15,997.00 14,002.36 12.5 10-45-230 RETIREMENT 873.27 873.27 8,365.00 7,491.73 10.4 10-45-250 UNEMPLOYMENT TAX 82.67 82.67 627.00 544.33 13.2 10-45-280 TRAINING PROGRAMS 42.00 42.00 2,500.00 2,458.00 1.7 10-45-290 TRAVEL,MEALS AND LODGING .00 .00 3,000.00 3,000.00 .0 10-45-295 MEALS AND ENTERTAINMENT .00 .00 3,500.00 3,500.00 .0 10-45-310 LEGAL FEES .00 .00 50,000.00 50,000.00 .0 10-45-320 AUDIT FEES .00 .00 12,184.00 12,184.00 .0 10-45-330 ENGINEERING FEES .00 .00 5,000.00 5,000.00 .0 10-45-360 COMPUTERS-NETWORKS AND SUPPORT 3,035.89 3,035.89 45,000.00 41,964.11 6.8 10-45-370 OTHER PROFESSIONAL SERVICES 1,274.00 1,274.00 105,000.00 103,726.00 1.2 10-45-375 REIMBURSABLE PROF SERVICES .00 .00 50,000.00 50,000.00 .0 10-45-380 JANITORIAL SERVICES .00 .00 15,000.00 15,000.00 .0 10-45-385 TREASURER'S FEES .00 .00 5,700.00 5,700.00 .0 10-45-395 RECORDING FEES .00 .00 1,000.00 1,000.00 .0 10-45-410 BANK CHARGES 38.72 38.72 800.00 761.28 4.8 10-45-420 ELECTIONS .00 .00 5,000.00 5,000.00 .0 10-45-430 INSURANCE-ALL DEPARTMENTS 22,118.75 22,118.75 50,000.00 27,881.25 44.2 10-45-440 ADVERTISING .00 .00 2,500.00 2,500.00 .0 10-45-490 PROFESSIONAL MEMBERSHIPS 4,004.00 4,004.00 7,000.00 2,996.00 57.2 10-45-500 OPERATING SUPPLIES 994.28 994.28 12,000.00 11,005.72 8.3 10-45-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 15,000.00 15,000.00 .0 10-45-550 POSTAGE 6.60 6.60 1,500.00 1,493.40 .4 10-45-560 UTILITIES-TELEPHONE 518.70 518.70 6,060.00 5,541.30 8.6 10-45-561 UTILITIES-NATURAL GAS 551.49 551.49 5,700.00 5,148.51 9.7 10-45-562 UTILITIES-ELECTRICITY .00 .00 6,700.00 6,700.00 .0 10-45-569 UTILITIES-TRASH REMOVAL 100.00 100.00 1,500.00 1,400.00 6.7 10-45-670 PROP MGMT-117 EISENHOWER DR 681.82 681.82 12,000.00 11,318.18 5.7 10-45-671 PROP MGMT-105 FRASER AVE .00 .00 500.00 500.00 .0 10-45-673 PROP MGMT-153 FRASER AVE .00 .00 23,000.00 23,000.00 .0 10-45-674 PROP MGMT-200 EISENHOWER DR 52.00 52.00 500.00 448.00 10.4 10-45-676 PROP MGMT-400 DOC SUSIE AVE .00 .00 2,500.00 2,500.00 .0 10-45-690 MISCELLANEOUS EXPENSE 112.00 112.00 7,500.00 7,388.00 1.5 10-45-810 LEASE/PURCHASE-PRINCIPAL .00 .00 19,252.00 19,252.00 .0 10-45-820 LEASE/PURCHASE-INTEREST .00 .00 19,122.00 19,122.00 .0 TOTAL ADMINISTRATION 69,639.92 69,639.92 766,501.00 696,861.08 9.1 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:5 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT PUBLIC WORKS 10-60-110 SALARIES 47,513.21 47,513.21 372,252.00 324,738.79 12.8 10-60-210 HEALTH INSURANCE 11,401.42 11,401.42 80,054.00 68,652.58 14.2 10-60-220 FICA TAX 3,407.58 3,407.58 28,477.00 25,069.42 12.0 10-60-230 RETIREMENT 1,324.04 1,324.04 14,890.00 13,565.96 8.9 10-60-250 UNEMPLOYMENTTAX 142.52 142.52 1,117.00 974.48 12.8 10-60-280 TRAINING PROGRAMS .00 .00 1,000.00 1,000.00 .0 10-60-290 TRAVEL,MEALS AND LODGING .00 .00 1,000.00 1,000.00 .0 10-60-295 MEALS AND ENTERTAINMENT .00 .00 500.00 500.00 .0 10-60-330 ENGINEERING FEES .00 .00 60,000.00 60,000.00 .0 10-60-360 COMPUTER NETWORK SUPPORT .00 .00 1,500.00 1,500.00 .0 10-60-370 OTHER PROFESSIONAL SERVICES .00 .00 2,500.00 2,500.00 .0 10-60-475 CONTRACT SNOW REMOVAL 440.00 440.00 .00 ( 440.00) .0 10-60-480 EQUIPMENT RENTAL .00 .00 2,500.00 2,500.00 .0 10-60-490 PROFESSIONAL MEMBERSHIPS 300.00 300.00 250.00 ( 50.00) 120.0 10-60-500 OPERATING SUPPLIES 108.49 108.49 70,000.00 69,891.51 .2 10-60-506 PLANTS/PLANTER SUPPLIES 175.00 175.00 10,000.00 9,825.00 1.8 10-60-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 30,000.00 30,000.00 .0 10-60-560 UTILITIES-TELEPHONE 93.29 93.29 2,700.00 2,606.71 3.5 10-60-561 UTILITIES-NATURAL GAS 827.85 827.85 6,000.00 5,172.15 13.8 10-60-562 UTILITIES-ELECTRICITY .00 .00 2,500.00 2,500.00 .0 10-60-569 UTILITIES-TRASH REMOVAL 113.69 113.69 2,100.00 1,986.31 5.4 10-60-670 PROP MGMT-125 FRASER AVE 44.07 44.07 2,500.00 2,455.93 1.8 10-60-673 PROP MGMT-FRASER RIVER TRAIL .00 .00 5,000.00 5,000.00 .0 10-60-674 PROP MGMT-HWY 40 PEDESTRIAN .00 .00 5,000.00 5,000.00 .0 10-60-676 PROP MGMT-OLD SCHLHOUSE PK .00 .00 500.00 500.00 .0 10-60-679 PROP MGMT-SCHOOL BUS GARAGE 442.99 442.99 6,500.00 6,057.01 6.8 10-60-681 PROP MGMT-COZENS RANCH PARK .00 .00 105,000.00 105,000.00 .0 10-60-684 PROP MGMT-FRODO .00 .00 10,000.00 10,000.00 .0 10-60-685 MOUNTAIN MAN PARK .00 .00 500.00 500.00 .0 10-60-686 GORANSON STATION .00 .00 15,000.00 15,000.00 .0 10-60-690 MISCELLANEOUS EXPENSE .00 .00 1,200.00 1,200.00 .0 10-60-725 STREET IMPROVEMENTS .00 .00 75,000.00 75,000.00 .0 TOTAL PUBLIC WORKS 66,334.15 66,334.15 915,540.00 849,205.85 7.3 120 ZEREX AVENUE 10-65-370 OTHER PROFESSIONAL SERVICES .00 .00 10,000.00 10,000.00 .0 10-65-380 JANITORIAL SERVICES .00 .00 5,500.00 5,500.00 .0 10-65-560 UTILITIES-TELEPHONE 50.87 50.87 500.00 449.13 10.2 10-65-561 UTILITIES-NATURAL GAS 157.52 157.52 1,500.00 1,342.48 10.5 10-65-562 UTILITIES-ELECTRICITY .00 .00 1,000.00 1,000.00 .0 10-65-670 PROP MGMT-120 ZEREX 11.69 11.69 8,000.00 7,988.31 .2 TOTAL 120 ZEREX AVENUE 220.08 220.08 26,500.00 26,279.92 .8 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:6 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT TRANSFERS 10-90-940 TRANSFER TO DEBT SERVICE FUND .00 .00 247,373.00 247,373.00 .0 TOTAL TRANSFERS .00 .00 247,373.00 247,373.00 .0 FISCAL AGENT 10-95-110 SALARIES 6,005.97 6,005.97 .00 ( 6,005.97) .0 10-95-210 HEALTH INSURANCE 2,764.69 2,764.69 .00 ( 2,764.69) .0 10-95-220 FICA TAX 426.28 426.28 .00 ( 426.28) .0 10-95-230 RETIREMENT 240.24 240.24 .00 ( 240.24) .0 10-95-250 UNEMPLOYMENT TAX 18.02 18.02 .00 ( 18.02) .0 TOTAL FISCAL AGENT 9,455.20 9,455.20 .00 ( 9,455.20) .0 TOTAL FUND EXPENDITURES 156,854.78 156,854.78 2,669,428.00 2,512,573.22 5.9 NET REVENUE OVER EXPENDITURES ( 140,869.97) ( 140,869.97) 1,409,773.00 1,550,642.97 ( 10.0) FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:7 TOWN OF FRASER BALANCE SHEET JANUARY 31,2014 CONSERVATION TRUST FUND ASSETS 20-10100 CASH-COMBINED FUND 893.87 TOTAL ASSETS 893.87 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 20-29800 FUND BALANCE-BEGINNING OF YR 893.18 REVENUE OVER EXPENDITURES-YTD .69 BALANCE-CURRENT DATE 893.87 TOTAL FUND EQUITY 893.87 TOTAL LIABILITIES AND EQUITY 893.87 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:8 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 20-30-100 CONS TRUST(LOTTERY)PROCEEDS .00 .00 6,100.00 6,100.00 .0 20-30-800 INTEREST EARNINGS .69 .69 10.00 9.31 6.9 20-30-999 CARRYOVER BALANCE .00 .00 402.00 402.00 .0 TOTAL REVENUE .69 .69 6,512.00 6,511.31 .0 TOTAL FUND REVENUE .69 .69 6,512.00 6,511.31 .0 NET REVENUE OVER EXPENDITURES .69 .69 6,512.00 6,511.31 .0 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:9 TOWN OF FRASER BALANCE SHEET JANUARY 31,2014 CAPITAL EQUIP REPLACEMENT FUND ASSETS 30-10100 CASH-COMBINED FUND 470,631.42 TOTAL ASSETS 470,631.42 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 30-29800 FUND BALANCE-BEGINNING OF YR 470,585.69 REVENUE OVER EXPENDITURES-YTD 45.73 BALANCE-CURRENT DATE 470,631.42 TOTAL FUND EQUITY 470,631.42 TOTAL LIABILITIES AND EQUITY 470,631.42 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:10 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 30-30-100 HWY USE TAX PROCEEDS .00 .00 44,594.00 44,594.00 .0 30-30-800 INTEREST EARNINGS 45.73 45.73 300.00 254.27 15.2 30-30-920 TRANSFER FROM UTILITY FUNDS .00 .00 20,000.00 20,000.00 .0 30-30-999 CARRYOVER BALANCE .00 .00 470,019.00 470,019.00 .0 TOTAL REVENUE 45.73 45.73 534,913.00 534,867.27 .0 TOTAL FUND REVENUE 45.73 45.73 534,913.00 534,867.27 .0 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:11 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 30-40-755 HEAVY EQUIPMENT PURCHASE .00 .00 50,000.00 50,000.00 .0 30-40-810 LEASE/PURCHASE-PRINCIPAL .00 .00 40,938.00 40,938.00 .0 30-40-820 LEASE/PURCHASE-INTEREST .00 .00 4,480.00 4,480.00 .0 TOTAL EXPENDITURES .00 .00 95,418.00 95,418.00 .0 TOTAL FUND EXPENDITURES .00 .00 95,418.00 95,418.00 .0 NET REVENUE OVER EXPENDITURES 45.73 45.73 439,495.00 439,449.27 .0 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:12 TOWN OF FRASER BALANCE SHEET JANUARY 31,2014 CAPITAL ASSET FUND ASSETS 32-10100 CASH-COMBINED FUND 113,894.74 TOTAL ASSETS 113,894.74 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 32-29800 FUND BALANCE-BEGINNING OF YR 113,883.65 REVENUE OVER EXPENDITURES-YTD 11.09 BALANCE-CURRENT DATE 113,894.74 TOTAL FUND EQUITY 113,894.74 TOTAL LIABILITIES AND EQUITY 113,894.74 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:13 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT CAPITAL ASSET REVENUE 32-30-100 RESERVED FOR FUTURE USE .00 .00 2,250,000.00 2,250,000.00 .0 32-30-800 INTEREST EARNINGS 11.09 11.09 .00 ( 11.09) .0 TOTAL CAPITAL ASSET REVENUE 11.09 11.09 2,250,000.00 2,249,988.91 .0 TOTAL FUND REVENUE 11.09 11.09 2,250,000.00 2,249,988.91 .0 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:14 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT CAPITAL ASSET EXPENDITURES 32-40-815 CAPITAL PROJ-STREETS NEW .00 .00 2,250,000.00 2,250,000.00 .0 TOTAL CAPITAL ASSET EXPENDITURES .00 .00 2,250,000.00 2,250,000.00 .0 TOTAL FUND EXPENDITURES .00 .00 2,250,000.00 2,250,000.00 .0 NET REVENUE OVER EXPENDITURES 11.09 11.09 .00 ( 11.09) .0 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:15 TOWN OF FRASER BALANCE SHEET JANUARY 31,2014 DEBT SERVICE FUND ASSETS 40-10100 CASH-COMBINED FUND 417,350.28 40-11100 PROPERTY TAXES RECEIVABLE 80,000.00 TOTAL ASSETS 497,350.28 LIABILITIES AND EQUITY LIABILITIES 40-22210 DEFERRED PROPERTY TAXES 80,000.00 TOTAL LIABILITIES 80,000.00 FUND EQUITY 40-27000 RESFUND BAL-1 YEARS PAYMENT 300,000.00 40-27100 RESTRICTED FUND BALANCE 87,246.16 UNAPPROPRIATED FUND BALANCE: 40-29800 FUND BALANCE-BEGINNING OF YR 30,063.24 REVENUE OVER EXPENDITURES-YTD 40.88 BALANCE-CURRENT DATE 30,104.12 TOTAL FUND EQUITY 417,350.28 TOTAL LIABILITIES AND EQUITY 497,350.28 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:16 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 40-30-100 PROPERTY TAX .00 .00 80,000.00 80,000.00 .0 40-30-200 SPECIFIC OWNERSHIP TAX .00 .00 3,000.00 3,000.00 .0 40-30-800 INTEREST EARNINGS 40.88 40.88 250.00 209.12 16.4 40-30-910 TRANSFER IN FROM GENERAL FUND .00 .00 247,373.00 247,373.00 .0 TOTAL REVENUE 40.88 40.88 330,623.00 330,582.12 .0 TOTAL FUND REVENUE 40.88 40.88 330,623.00 330,582.12 .0 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:17 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 40-40-385 TREASURER'S FEES GO BOND .00 .00 2,000.00 2,000.00 .0 40-40-810 BOND PRINCIPAL-02 S&U ISSUE .00 .00 25,000.00 25,000.00 .0 40-40-811 BOND PRINCIPAL-98 GO ISSUE .00 .00 40,000.00 40,000.00 .0 40-40-812 BOND PRINCIPAL-98 S&U ISSUE .00 .00 170,000.00 170,000.00 .0 40-40-820 BOND INTEREST-02 S&U ISSUE .00 .00 7,013.00 7,013.00 .0 40-40-821 BOND INTEREST-98 GO ISSUE .00 .00 9,676.00 9,676.00 .0 40-40-822 BOND INTEREST-98 S&U ISSUE .00 .00 45,360.00 45,360.00 .0 40-40-850 BOND AGENT FEES .00 .00 2,500.00 2,500.00 .0 40-40-910 TRANSFER TO DSF RESERVES .00 .00 29,074.00 29,074.00 .0 TOTAL EXPENDITURES .00 .00 330,623.00 330,623.00 .0 TOTAL FUND EXPENDITURES .00 .00 330,623.00 330,623.00 .0 NET REVENUE OVER EXPENDITURES 40.88 40.88 .00 ( 40.88) .0 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:18 TOWN OF FRASER BALANCE SHEET JANUARY 31,2014 WATER FUND ASSETS 50-10100 CASH-COMBINED FUND 915,098.53 50-10290 CASH W/TREASURER-COLLECTIONS 2,980.83 50-11500 A/R CUSTOMER SERVICE CHARGES 15,115.45 50-16100 LAND 100,000.00 50-16200 BUILDINGS 2,915,858.49 50-16203 WELLS SYSTEM 768,371.74 50-16212 WATER DISTRIBUTION/STORAGE 9,845,211.82 50-16213 WELLS 1,063,119.43 50-16400 EQUIPMENT 353,994.02 50-16500 WATER RIGHTS 19,775.86 50-17900 ACCUMULATED DEPRECIATION ( 3,517,338.67) TOTAL ASSETS 12,482,187.50 LIABILITIES AND EQUITY LIABILITIES 50-21100 ACCRUED PTO AND BENEFITS 5,935.91 50-22910 ROAD CUT SURITY FEES 15,860.00 TOTAL LIABILITIES 21,795.91 FUND EQUITY 50-27000 RESFUND BAL-O&M 360,000.00 UNAPPROPRIATED FUND BALANCE: 50-29800 RETAINED EARNINGS 12,120,277.61 REVENUE OVER EXPENDITURES-YTD ( 19,886.02) BALANCE-CURRENT DATE 12,100,391.59 TOTAL FUND EQUITY 12,460,391.59 TOTAL LIABILITIES AND EQUITY 12,482,187.50 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:19 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT LICENSES&PERMITS 50-32-100 EXCAVATION PERMIT FEES .00 .00 200.00 200.00 .0 TOTAL LICENSES&PERMITS .00 .00 200.00 200.00 .0 CHARGES FOR SERVICES 50-34-100 CUSTOMER SERVICE CHARGES .00 .00 663,165.00 663,165.00 .0 50-34-150 PENALTIES&INTEREST 783.92 783.92 1,000.00 216.08 78.4 50-34-200 PLANT INVESTMENT FEES .00 .00 8,000.00 8,000.00 .0 50-34-300 WATER METER SALES .00 .00 500.00 500.00 .0 50-34-999 CONTRIBUTED ASSETS .00 .00 1,000.00 1,000.00 .0 TOTAL CHARGES FOR SERVICES 783.92 783.92 673,665.00 672,881.08 .1 MISCELLANEOUS REVENUE 50-36-100 INTEREST EARNINGS 79.69 79.69 2,500.00 2,420.31 3.2 50-36-900 MISCELLANEOUS REVENUE 2,585.00 2,585.00 .00 ( 2,585.00) .0 TOTAL MISCELLANEOUS REVENUE 2,664.69 2,664.69 2,500.00 ( 164.69) 106.6 OTHER SOURCES&TRANSFERS 50-39-999 CARRYOVER BALANCE .00 .00 353,061.00 353,061.00 .0 TOTAL OTHER SOURCES&TRANSFERS .00 .00 353,061.00 353,061.00 .0 TOTAL FUND REVENUE 3,448.61 3,448.61 1,029,426.00 1,025,977.39 .3 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:20 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 50-40-110 SALARIES 15,399.32 15,399.32 173,250.00 157,850.68 8.9 50-40-210 HEALTH INSURANCE 3,154.12 3,154.12 33,600.00 30,445.88 9.4 50-40-220 FICA TAX 1,116.13 1,116.13 13,254.00 12,137.87 8.4 50-40-230 RETIREMENT 472.85 472.85 6,930.00 6,457.15 6.8 50-40-250 UNEMPLOYMENT TAX 46.31 46.31 520.00 473.69 8.9 50-40-280 TRAINING PROGRAMS 90.00 90.00 3,000.00 2,910.00 3.0 50-40-290 TRAVEL,MEALS AND LODGING .00 .00 3,000.00 3,000.00 .0 50-40-295 MEALS AND ENTERTAINMENT .00 .00 2,000.00 2,000.00 .0 50-40-310 LEGAL FEES .00 .00 85,000.00 85,000.00 .0 50-40-330 ENGINEERING FEES .00 .00 130,000.00 130,000.00 .0 50-40-360 COMPUTERS-NETWORKS AND SUPPORT 221.17 221.17 10,000.00 9,778.83 2.2 50-40-370 OTHER PROFESSIONAL SERVICES .00 .00 5,000.00 5,000.00 .0 50-40-430 INSURANCE .00 .00 25,000.00 25,000.00 .0 50-40-440 ADVERTISING .00 .00 500.00 500.00 .0 50-40-460 SYSTEM REPAIR AND MAINT-PROD 1,419.79 1,419.79 70,000.00 68,580.21 2.0 50-40-465 SYSTEM REPAIR AND MAINT-DIST 172.00 172.00 45,000.00 44,828.00 .4 50-40-490 PROFESSIONAL MEMBERSHIPS 882.50 882.50 8,000.00 7,117.50 11.0 50-40-500 OPERATING SUPPLIES-PRODUCTION 91.35 91.35 25,000.00 24,908.65 .4 50-40-505 OPERATING SUPPLIES-DISTRIB .00 .00 25,000.00 25,000.00 .0 50-40-510 EQUIPMENT PURCHASE AND REPAIR 35.79 35.79 12,000.00 11,964.21 .3 50-40-520 TESTING .00 .00 5,000.00 5,000.00 .0 50-40-550 POSTAGE&BILLING SUPPLIES .00 .00 3,500.00 3,500.00 .0 50-40-560 UTILITIES-TELEPHONE 233.30 233.30 3,500.00 3,266.70 6.7 50-40-562 UTILITIES-ELECTRICITY .00 .00 50,000.00 50,000.00 .0 50-40-670 PROP MGMT-FRASER WTP .00 .00 5,000.00 5,000.00 .0 50-40-680 PROP MGMT-MARYVALE WTP .00 .00 5,000.00 5,000.00 .0 50-40-690 MISCELLANEOUS EXPENSE .00 .00 2,000.00 2,000.00 .0 50-40-715 WATER RIGHTS-DIVERSION&DEV .00 .00 335,000.00 335,000.00 .0 50-40-730 CAPITAL PROJECTS .00 .00 177,000.00 177,000.00 .0 50-40-930 TRANSFER TO CERF .00 .00 10,000.00 10,000.00 .0 50-40-970 TRANSFER TO O&M RESERVES .00 .00 100,000.00 100,000.00 .0 TOTAL EXPENDITURES 23,334.63 23,334.63 1,372,054.00 1,348,719.37 1.7 TOTAL FUND EXPENDITURES 23,334.63 23,334.63 1,372,054.00 1,348,719.37 1.7 NET REVENUE OVER EXPENDITURES ( 19,886.02) ( 19,886.02) ( 342,628.00) ( 322,741.98) ( 5.8) FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:21 TOWN OF FRASER BALANCE SHEET JANUARY 31,2014 WASTEWATER FUND ASSETS 55-10100 CASH-COMBINED FUND 2,658,197.57 55-10290 CASH W/TREASURER-COLLECTIONS 1,748.56 55-11500 A/R CUSTOMER SERVICE CHARGES 24,450.38 55-15950 CAP REPL RES HELD W/JFOC 815,582.23 55-15955 O&M RESERVE HELD W/JFOC 45,739.00 55-16100 LAND 144,320.40 55-16200 SEWER TREATMENT PLANT 3,305,761.56 55-16210 METER BUILDING&IMPROVEMENTS 8,056.39 55-16220 SEWER COLLECTION SYSTEM 10,755,808.30 55-16250 CONSOLIDATED COLLECTION SYSTEM 279,069.00 55-16400 EQUIPMENT 37,385.17 55-17900 ACCUMULATED DEPRECIATION ( 718,254.97) 55-17905 ACCUM DEPR-PLANT/JFOC ( 41,859.16) 55-17910 ACCUM DEPR-SEWER COLLECT-FSD ( 2,942,788.35) 55-17915 ACCUM DEPR-EQUIPMENT ( 35,868.68) TOTAL ASSETS 14,337,347.40 LIABILITIES AND EQUITY LIABILITIES 55-21100 ACCRUED PTO AND BENEFITS 6,103.72 TOTAL LIABILITIES 6,103.72 FUND EQUITY UNAPPROPRIATED FUND BALANCE: 55-29800 RETAINED EARNINGS 13,422,406.34 55-29820 RETAINED EARNINGS-RESTRICTED 930,271.23 REVENUE OVER EXPENDITURES-YTD ( 21,433.89) BALANCE-CURRENT DATE 14,331,243.68 TOTAL FUND EQUITY 14,331,243.68 TOTAL LIABILITIES AND EQUITY 14,337,347.40 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:22 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT CHARGES FOR SERVICES 55-34-100 CUSTOMER SERVICE CHARGES .00 .00 619,580.00 619,580.00 .0 55-34-150 PENALTIES&INTEREST 829.35 829.35 1,000.00 170.65 82.9 55-34-200 PLANT INVESTMENT FEES .00 .00 7,500.00 7,500.00 .0 TOTAL CHARGES FOR SERVICES 829.35 829.35 628,080.00 627,250.65 .1 MISCELLANEOUS REVENUE 55-36-100 INTEREST EARNINGS 250.83 250.83 2,500.00 2,249.17 10.0 55-36-500 JFF MANAGEMENT FEE .00 .00 29,000.00 29,000.00 .0 TOTAL MISCELLANEOUS REVENUE 250.83 250.83 31,500.00 31,249.17 .8 OTHER SOURCES&TRANSFERS 55-39-999 CARRYOVER BALANCE .00 .00 2,343,858.00 2,343,858.00 .0 TOTAL OTHER SOURCES&TRANSFERS .00 .00 2,343,858.00 2,343,858.00 .0 TOTAL FUND REVENUE 1,080.18 1,080.18 3,003,438.00 3,002,357.82 .0 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:23 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 1 MONTHS ENDING JANUARY 31,2014 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 55-40-110 SALARIES 20,842.29 20,842.29 178,500.00 157,657.71 11.7 55-40-210 HEALTH INSURANCE 3,893.82 3,893.82 28,560.00 24,666.18 13.6 55-40-220 FICA TAX 1,534.82 1,534.82 13,655.00 12,120.18 11.2 55-40-230 RETIREMENT 652.52 652.52 7,140.00 6,487.48 9.1 55-40-250 UNEMPLOYMENT TAX 62.44 62.44 536.00 473.56 11.7 55-40-280 TRAINING PROGRAMS .00 .00 2,000.00 2,000.00 .0 55-40-290 TRAVEL,MEALS AND LODGING .00 .00 2,000.00 2,000.00 .0 55-40-295 MEALS AND ENTERTAINMENT .00 .00 1,000.00 1,000.00 .0 55-40-310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0 55-40-330 ENGINEERING FEES .00 .00 10,000.00 10,000.00 .0 55-40-360 COMPUTERS-NETWORKS AND SUPPORT 221.16 221.16 6,000.00 5,778.84 3.7 55-40-370 OTHER PROFESSIONAL SERVICES .00 .00 10,000.00 10,000.00 .0 55-40-410 BANK CHARGES .00 .00 100.00 100.00 .0 55-40-430 INSURANCE .00 .00 6,000.00 6,000.00 .0 55-40-440 ADVERTISING .00 .00 500.00 500.00 .0 55-40-460 SYSTEM REPAIR AND MAINT-COLLEC .00 .00 160,000.00 160,000.00 .0 55-40-490 PROFESSIONAL MEMBERSHIPS 512.50 512.50 6,000.00 5,487.50 8.5 55-40-500 OPERATING SUPPLIES-COLLECTIONS .00 .00 5,000.00 5,000.00 .0 55-40-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 2,500.00 2,500.00 .0 55-40-520 TESTING .00 .00 1,000.00 1,000.00 .0 55-40-550 POSTAGE&BILLING SUPPLIES .00 .00 2,500.00 2,500.00 .0 55-40-560 UTILITIES-TELEPHONE 21.21 21.21 500.00 478.79 4.2 55-40-650 WW TREATMENT CHARGES/JFOC ( 5,226.69) ( 5,226.69) 204,002.00 209,228.69 ( 2.6) 55-40-690 MISCELLANEOUS EXPENSE .00 .00 3,000.00 3,000.00 .0 55-40-730 CAPITAL PROJECTS .00 .00 352,500.00 352,500.00 .0 55-40-740 CAPITAL PURCHASES .00 .00 100,000.00 100,000.00 .0 55-40-930 TRANSFER TO CERF .00 .00 10,000.00 10,000.00 .0 TOTAL EXPENDITURES 22,514.07 22,514.07 1,117,993.00 1,095,478.93 2.0 TOTAL FUND EXPENDITURES 22,514.07 22,514.07 1,117,993.00 1,095,478.93 2.0 NET REVENUE OVER EXPENDITURES ( 21,433.89) ( 21,433.89) 1,885,445.00 1,906,878.89 ( 1.1) FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:24 TOWN OF FRASER BALANCE SHEET JANUARY 31,2014 GENERAL FIXED ASSETS ASSETS 91-16100 LAND 730,630.35 91-16200 ADMINISTRATION BUILDING 208,379.39 91-16203 MAINTENANCE BUILDING 57,722.51 91-16208 HOUSE-400 DOC SUSIE AVE 54,839.27 91-16209 VISITOR CENTER 183,895.00 91-16211 BUSBARN&105 FRASER AVE HOUSE 100,000.00 91-16250 CHURCH 267,000.00 91-16306 PARKS 367,800.08 91-16311 STREET IMPROVEMENTS 3,439,840.00 91-16312 HIGHWAY 40 PATH 8,872.00 91-16490 EQUIPMENT-OTHER 872,015.00 91-16500 OFFICE EQUIPMENT 57,261.75 91-17900 ACCUMULATED DEPRECIATION ( 2,260,048.61) TOTAL ASSETS 4,088,206.74 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 91-29800 INVESTMENT IN FIXED ASSETS 4,088,206.74 BALANCE-CURRENT DATE 4,088,206.74 TOTAL FUND EQUITY 4,088,206.74 TOTAL LIABILITIES AND EQUITY 4,088,206.74 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:49PM PAGE:25 TOWN OF FRASER BALANCE SHEET JANUARY 31,2014 GENERAL LONG-TERM DEBT ASSETS 95-18100 AMOUNT TO BE PROVIDED 3,131,161.31 TOTAL ASSETS 3,131,161.31 LIABILITIES AND EQUITY LIABILITIES 95-25050 2002 SERIAL BONDS 360,000.00 95-25060 1998 REVENUE REFUNDING BONDS 2,035,000.00 95-25070 1998 GENERAL OBLIGATION BONDS 475,000.00 95-25200 ACCRUED COMPENSATED ABSENCES 15,677.17 95-25500 CAPITAL LEASES KOMATSU LOADER 245,484.14 TOTAL LIABILITIES 3,131,161.31 TOTAL LIABILITIES AND EQUITY 3,131,161.31 FOR ADMINISTRATION USE ONLY 8%OF THE FISCAL YEAR HAS ELAPSED 02/28/2014 02:50PM PAGE:26 O M Ql N 00 N n N N Ln N I � N M I N N N I N O {} 00 L r, o L I o � II z 0 0 N Ir-I O o 0 O 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L N N N M :t N N N N N N N 2 i u _ H aJ J f0 m c £ £ £ J f0 m c £ £ £ £ m Q 2 a v i v £ Q a u > v v ¢ p o ar ar ¢ p o v CL " in z c a W in z C Ordinance Recommendations We recommend the Board adopt the Ordinance with the following revisions. REVISION 1 Sec. 13-2-50. Service connection {h) (g)No eenneetion to be made in ntef. No connections shall be made to the Town water system at any time that the Town deems that such connection is inappropriate due to cold weather conditions. This language is in the Town Code and is limiting - causing both the Town and property owners constraints in the installment of improvements. The issue is not the season- but, the temperature and other conditions that can affect an install. REVISION 2 ARTICLE 5 Water and Sewer Service Outside Town Limits Sec. 13-5-20. Contract Required; Agreement to Annex (c) Each contract for out-of-town water and/or sewer service shall include an agreement and covenant binding on the property owner and all future owners, to apply for or consent to the annexation of the area supplied with municipal services to the Town when such area or portion thereof becomes eligible for annexation and the Board of Trustees requests such annexation, and subject to such terms and conditions as may be provided by contract and by the Colorado Municipal Annexation Act of 1965, C.R.S. 31, Article 12, and subject to a future annexation agreement. We understand that this is allowed by statute (CRS 31-12-121 (2013)) and it is written to cover the greater public. Colorado law also provides that annexation requires landowners vote to annex; a petition submitted from more than 50% of the landowners who own more than 50% of the land; or if the area is completely surrounded by the annexing municipality. Sufficient contiguity and a community of interest must exist between the property and the municipality; and Colorado courts have found that annexation is a special statutory process requiring mutual consent.