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HomeMy Public PortalAboutTBP 2014-10-15 Town Board Briefing October 15, 2014 Please note that members of the Town Board will have dinner together starting at 5:30pm. The Board will be in Workshop between 6:00pm and 6:30pm for a brief presentation of the proposed 2015 Budget. The proposed 2015 Budget is being provided to the Board in accordance with statutory requirements that a proposed budget be provided no later than ththth October 15. Budget hearings are scheduled for November 5, November 19, and rdrd . Budget adoption is anticipated for December 3. December 3 The regular meeting will begin at 6:30pm. The Town Board will begin with a brief executive session that will conclude by 7:00pm. This session is to provide the newer Trustees with an opportunity to discuss any legal questions regarding the retail marijuana licensing process with the Town Attorney. At the beginning of the meeting, the Board will hear brief updates from the Grand County Commissioners, the East Grand School District, and Grand Beginnings. Supplemental briefings are included in the packet for the three public hearings and related action items. Resolution 2014-10-01 would authorize execution of the Construction and Maintenance Agreement with the Union Pacific Railroad for the new underpass located at the southern portion of Grand Park, near Leland Creek. This has been a very long and difficult process that originally began in 2005. The structure will be funded and constructed by Grand Park, with a significant funding contribution from the Union Pacific Railroad. Upon completion of the structure, it will become a Town asset similar to other public roads and infrastructure. Ultimately, a new public road, water and sewer utilities, and pedestrian trail will be constructed under the underpass. Per Board direction, the agreement provides that the Town will be responsible for maintenance of the structure (as opposed to a $420,000 payment to Union Pacific). It should be noted that the Union Pacific Railroad would not allow the trail and utilities to be included in this agreement, so Grand Park will be required to address those matters in the future prior to Town acceptance of that infrastructure. Execution of this agreement is the only matter preventing the Public Utilities Commission Administrative Law Judge from authorizing the project to proceed.Construction is proposed to commence in 2015 and be complete by 2016. Resolution 2014-10-02 would authorize award of bid and execution of a contract for the Fraser US 40 Highway Improvement Project. We are seeking Board approval of this th resolution despite the fact that the bid opening is not until October 17 given that the next th Board meeting is not until November 5. The resolution does provide that the award and contract must be consistent with the project budget (and our local funding agreement). The th pre-bid meeting was October 10 and we were pleased with the level of contractor interest. Bids will be subject to review by our Project Engineer, Town Attorney, and the Colorado Department of Transportation (CDOT). There remains the possibility of work beginning yet Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com this year, but only if that is proposed by the lowest bidder and would be subject to CDOT approval of the proposed work schedule. th The last two items on the agenda do not require action on the 17, but we would like to discuss these items if time permits. As you know, Headwater Trails Alliance (HTA) has facilitated a volunteer winter grooming program on the Fraser River Trail. At this time, HTA, the Town of Winter Park, and Fraser have been in discussions about improving the level of service via contracting for grooming services. This is estimated to cost Fraser $2,000 to $3,000 per season. We still have some work to do on this effort, which is complicated by the departure of the HTA Executive Director, but we would hope to update the Board on the proposed program. Enclosed in the packet is the current Memorandum of Understanding with HTA marked up to provide a draft of what we would be looking at with this program. At the last meeting, the Board asked to place a discussion on the agenda regarding the format of our meeting minutes. Currently, minutes are prepared as action minutes and we include a brief summary of speakers and the topics they address as previously requested by the Board. As always, feel free to contact me if you have any questions or need any additional information. Jeff Durbin Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, September 17, 2014 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro-Tem Philip Naill; Trustees; Eileen Waldow, Katie Soles, Cody Clayton Taylor, Andy Miller and Jane Mather Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Town Attorney Rod McGowan Others: See attached list Mayor Smith called the meeting to order at 6:03 p.m. 1. Regular Meeting: Roll Call 2. Approval of Agenda: Agenda item 6b and 7a are cancelled due to a publication error. motion Trustee Soles moved, and Trustee Naill seconded the to approve the Agenda Motion carried: 7-0. as amended. 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 Subdivision Improvement Agreement and to include TM Durbin, TA McGowan, PW Nordin and TP Trotter. motion Trustee Miller moved, and Trustee Taylor seconded the to enter executive Motion carried: 7-0. session. Enter: 6:04 p.m. Exit: 7:07 p.m. motion Trustee Soles moved, and Trustee Naill seconded the 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 – September 3, 2014 motion Trustee Taylor moved, and Trustee Waldow seconded the to approve the Motion carried: 7-0. consent agenda. 5. Open Forum: 6. Public Hearings: a) RV Easement Vacation (and relocation) Lot 56, East Mountain Filing 1, (Rendezvous) Reception # 2001-002997 – continue to Oct 1, 2014 motion Trustee Soles moved, and Trustee Taylor seconded the to open the public hearing regarding RV Easement Vacation (and relocation) Lot 56, East Mountain Filing Motion carried: 1, (Rendezvous) Reception # 2001-002997 – continue to Oct 1, 2014. 7-0. motion Trustee Taylor moved, and Trustee Waldow seconded the to continue the public hearing regarding RV Easement Vacation (and relocation) Lot 56, East Mountain Filing Motion carried: 7-0. 1, (Rendezvous) Reception # 2001-002997 to Oct 1, 2014. CANCELLED b) Serene Wellness Retail Marijuana License - 7. Discussion and Possible Action Regarding: a) Resolution 2014-09-02 Approving The Application of Serene Wellness Fraser LLC, for a Retail Marijuana Center License for the Premises at CANCELLED 255 Mill Avenue, Fraser, Colorado. b) Resolution 2014-09-01 Approving Final Plan – The Willows at Grand Park (Planning Area 2w.1) Approving Final Plats – The Willows at Grand Park Filing No. 1, Filing No.2, Filing No. 3 and Filing No. 4 TA McGowan briefed the Board outlining the 4 items the Board requested further information be provided for them; Curbs and drainage Trails and Open Space Secondary access and SIA language Maximum building height Jack Bestall, representing Grand Park, addressed the Curbs and drainage – Grand Park and Town engineers are working toward a consensus on the drainage concerns. Page 3 of 3 Secondary access and SIA language - secondary access will be phased in with the loop paved after phase 4 is constructed. GP will build a private access and include it in the SIA for filing 1. The road base will meet County Road standards. Trails and Open Space - 3.8 acres of open space, 10% of 2W which will be given to the HOA. Maximum building height - 55’. motion Trustee Taylor moved, and Trustee Naill seconded the to approve Resolution 2014-09-01 Approving Final Plan – The Willows at Grand Park (Planning Area 2w.1) Approving Final Plats – The Willows at Grand Park Filing No. 1, Filing No.2, Filing No. 3 Motion carried: 4-3. and Filing No. 4 with the following conditions. Miller – nay Smith - yes Taylor – yes Waldow - nay Naill - yes Mather – nay Soles - yes c) Grand County Transit Task Force Proposal Trustee Mather, Fraser’s liaison on the task force, outlined the proposal for the Board. The Trustees directed the Town Manager to draft a letter in support of the proposal. motion Trustee Miller moved, and Trustee Taylor seconded the to approve Grand Motion carried: 7-0. County Transit Task Force Proposal. 8. Other Business: Congratulations to town staff for the bus shelter. motionMotion Trustee Naill moved, and Trustee Soles seconded the to adjourn. carried: 7-0. Meeting adjourned at 8:26 p.m. Lu Berger, Town Clerk Lu Berger From: Kristine Berens <klbandguac@hotmail.com> Sent: Tuesday, September 16, 2014 12:50 PM To: Lu Berger Subject: Serene Wellness Fraser LLC Hi Ms. Lu Berger, Our names our Geoffrey and Kristine Berens. We will not be able to make it to the town meeting tomorrow night so we are writing this email to share our concerns and our vote on Serene Wellness becoming retail. We just bought a house in the neighborhood in May and we are located right next door to Serene Wellness. A big reason we did not have a problem living next door was because it was only a medical store store and this area is only business zoned not retail. Our biggest concern is the amount of traffic that a retail store is going to bring. We feel this is very unfair to us if this does happen. So many cars already stop in front of our house to take pictures of the shop and traffic is constantly pulling into our drive way to turn around after leaving the store. Becoming retail would take away the neighborhood feel and bring a lot more unwanted foot traffic to the neghtborhhod. We constantly have people walking down our back alley to go to the store to avoid being seen (our opinion). This makes our dogs go crazy always seeing someone in front and behind our house and we know this problem would only get worse becoming retail. Our vote is NO on granting a retail marijuana license at 228 Byers, Fraser CO. Please respect the homeowners, children and pets in the neighborhood by not letting this happen. Thank you so much, Kristine Berens 720-353-6224 Klbandguac@hotmail.com PO Box 943, Fraser CO 80442 ARTICLE 7 Retail Marijuana Businesses Sec. 6-7-10. Definitions. (a) As used in this Article, the following words shall have the following meanings unless the context clearly requires otherwise: Retail marijuana store means a retail marijuana store, as defined in Section 16 of Article XVIII of the Colorado Constitution, or as may be more fully defined in the Colorado Retail Marijuana Code. RM Code means the Colorado Retail Marijuana Code, Section 12-43.4-101, et seq., C.R.S. RM Regulations means the Rules Regarding Retail Marijuana, 1 C.C.R. § 212-2, as adopted by the Retail Marijuana Enforcement Division of the Colorado Department of Revenue, and any amendments thereto. (b) The terms defined in the RM Code and RM Regulations shall have the same meaning when used in this Article unless the context clearly requires otherwise. (Ord. 417 Part 1.1, 2014) Sec. 6-7-20. Store license required; prohibited operations. (a) It is unlawful for any person to own or operate a retail marijuana store within the Town without first having obtained from the Town and the State a license for each facility to be operated in connection with such business. (b) Other types of retail marijuana establishments referred to in the RM Code and Section 16 of Article XVIII of the Colorado Constitution, including marijuana cultivation facilities, marijuana product manufacturing facilities and marijuana testing facilities, are prohibited within the Town. (Ord. 417 Part 1.1, 2014) Sec. 6-7-30. Local licensing authority. (a) The Board of Trustees shall be the Local Licensing Authority for the licensing of retail marijuana stores pursuant to this Article unless the Board of Trustees designates other persons to serve as the Local Licensing Authority. The Local Licensing Authority shall possess all powers given to local licensing authorities by the provisions of the RM Code and RM Regulations. Any decision made by the Local Licensing Authority to grant or deny a license, to revoke or suspend a license or to renew or not renew a license shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (b) In case of an application resubmitted directly to the Town pursuant to Section 16(5)(h) of Article XVIII of the Colorado Constitution, due to the failure of the state licensing authority to act upon an application within ninety (90) days, the Board of Trustees shall also act as the licensing authority and all requirements of this Article shall apply to such 6-1 application. In addition to compliance with this Article, the applicant shall demonstrate compliance with all applicable requirements of the RM Code and RM Regulations and shall pay to the Town the full amount of the application fee if not forwarded by the State. The Local Licensing Authority shall approve or deny such application within ninety (90) days after receipt of the resubmitted application. (c) The Town Clerk shall assist the Local Licensing Authority by receiving all applications, coordinating with other Town officers and departments when relevant, scheduling required public hearings and providing notice in accordance with this Article and the RM Code. The Town Clerk shall also act as the local point-of-contact with the Colorado Marijuana Enforcement Division on retail marijuana regulatory matters. (Ord. 417 Part 1.1, 2014) Sec. 6-7-40. Limitations and requirements applicable to retail marijuana stores. (a) State requirements. Retail marijuana stores must at all times comply with the regulations and requirements contained in the RM Code and RM Regulations with regard to applications, licensing and operations of licensed premises. The Local Licensing Authority may revoke any license if the retail marijuana store fails to comply with any and all applicable state requirements. (b) Location. Retail marijuana stores shall only be located on property within the Business zoning district. Retail marijuana stores are not permitted within any other zoning district or within any building that contains a residential dwelling or lodging unit. Retail marijuana stores shall not be permitted to operate as "home occupations." (c) Separation requirements. (1) No retail marijuana store shall be issued a license if, at the time of the initial application for such license, the proposed location is: a. Within one thousand (1,000) feet of any educational institution or school, either public or private; b. Within five hundred (500) feet of any existing retail or medical marijuana business; or c. Within two hundred (200) feet of any existing licensed child care facility at the time of initial application. (2) The distances set forth in this Subsection shall be computed by direct measurement in a straight line from the nearest property line of the land used for the purposes stated above, respectively, to the nearest portion of the building in which the retail marijuana store is located. The locational criteria contained in this Subsection shall apply to all proposed changes in the location of an existing license. (d) Co-location. A retail marijuana store may be located on the same licensed premises as a medical marijuana business licensed pursuant to Article 5 of this Chapter and operated by the same licensee, subject to compliance with all state requirements and the requirements of this Article and the issuance of a state license allowing for such co-location. 6-2 (e) Advertisements. Advertisements, signs, displays or other promotional material depicting marijuana uses or symbols shall not be shown or exhibited off the premises. No signage associated with a retail marijuana store shall use the word "marijuana," "cannabis" or any other word or phrase commonly understood to refer to marijuana. No signage may display photographs or other representations of marijuana plants. (f) Indoor operation; odors. All retail marijuana dispensing and storage activities shall be conducted indoors. Products, accessories and associated paraphernalia shall not be visible from a public sidewalk or right-of-way. (g) Inspection of licensed premises. During all business hours and other times of apparent activity, all licensed premises shall be subject to inspection by the Chief of Police or the Building Official for the purpose of investigating and determining compliance with the provisions of this Article and any other applicable state or local law or regulation. Such inspection may include, but need not be limited to, the inspection of books, records and inventory. Where any part of the premises consists of a locked area, such area shall be made available for inspection, without delay, upon request. (h) Additional requirements. Retail marijuana stores shall be subject to the following additional requirements: (1) The business may only be open for the sale or distribution of retail marijuana during the hours of 8:00 a.m. to 7:00 p.m. (2) No on-site consumption of marijuana is allowed. (3) A Town business license and sales tax license are required. (4) No mobile structure may be used to dispense retail marijuana. (5) No alcohol sales or consumption shall be permitted on the licensed premises. (6) A licensee shall not permit persons who do not possess a valid identification or other appropriate proof of age to loiter on or about the licensed premises. (Ord. 417 Part 1.1, 2014) Sec. 6-7-50. Excise tax. (a) A tax is imposed upon all retail sales of retail marijuana and retail marijuana products sold within the Town by licensed retail marijuana stores at the rate of five percent (5%) of the gross price paid by the purchaser, rounded off to the nearest penny. The tax imposed by this Section is in addition to, and not in lieu of, the sales tax owed to the Town and all taxes owed to the State in connection with the sale of retail marijuana and retail marijuana products. (b) Except for those provisions that by their terms cannot apply, the procedures for the collection and enforcement of the Town's use tax as provided in Subsection 4-3-50(a) of this Code shall apply to the collection and enforcement of the retail marijuana excise tax imposed by this Section. The Town Manager may adopt administrative rules and regulations specifying additional or alternative procedures for the collection and enforcement of the retail marijuana excise tax imposed by this Section. (Ord. 417 Part 1.1, 2014) 6-3 Sec. 6-7-60. Application requirements. (a) A person seeking to obtain a license pursuant to this Article shall submit an application to the Town Clerk. The form of the application shall be as provided by the Town Clerk. (b) A license issued pursuant to this Article does not eliminate the need for the licensee to obtain other required licenses and permits related to the operation of the retail marijuana store, including, without limitation, any development approval required by this Code; a sales tax license; and a building, mechanical, plumbing or electrical permit. (c) An application for a license under this Article shall include the following information and any additional information required by the Town Clerk: (1) The applicant's name, address, telephone number and Social Security number and, if the applicant is a partnership, the names and addresses of all the partners, and, if the applicant is a corporation, the names and addresses of all the corporate officers, and, if the applicant is a cooperative association, the names and addresses of its directors and officers; (2) A completed set of the applicant's fingerprints; (3) The street address of the proposed retail marijuana store; (4) Proof of ownership, or, if the applicant is not the owner of the proposed location of the retail marijuana store, satisfactory proof that the applicant is or will be entitled to possession of the premises under a lease, rental agreement or other written agreement, including authorization to use the premises for a retail marijuana store for which the application is made; (5) An acknowledgement by the applicant that the applicant and its owners, officers and employees may be subject to prosecution under federal laws relating to the possession and distribution of controlled substances; that the Town accepts no legal liability in connection with the approval and subsequent operation of the retail marijuana store; and that the application and documents submitted for other approvals relating to the retail marijuana store operation are subject to disclosure in accordance with the Colorado Open Records Act. (d) In addition to the foregoing, an applicant shall also submit all other information required by the RM Code and RM Regulations for state and local applications. (e) When the application is filed, the applicant shall pay to the Town the local share of the application fee, as established pursuant to the RM Code, unless the State has forwarded such fee to the Local Licensing Authority. (f) If an application is approved, the applicant shall also pay an annual operating fee in such amount as is established from time to time by the Board of Trustees and set forth in the appendices to this Code. (g) Each license issued pursuant to this Article shall be valid for a period of one (1) year from the date of issuance and may be renewed as provided in this Section. An application 6-4 for renewal shall be made to the Town Clerk not less than thirty (30) days prior to the date of expiration and concurrent with the application for renewal filed with the state licensing authority. The renewal application shall be accompanied by the annual operating fees for the renewal term. The license shall be renewed by the Town Clerk unless the renewal is denied by the state licensing authority or unless it appears to the Town Clerk that good cause exists to deny the renewal application, in which case the Town Clerk shall refer the application to the Board of Trustees for review at a public hearing. The Town Clerk shall refer the renewal application for public hearing only if the licensee has had complaints filed against it, the licensee has a history of violations or there are allegations against the licensee that would constitute good cause for denial of a license as defined in the RM Code. The procedures provided in Sections 6-7-70 to 6-7-90 below shall apply to the Board of Trustees' review and determination whether to renew a license. In order to be entitled to such review, the applicant shall pay an additional fee equal to the application fee for a new license. (h) Except for direct applications pursuant to Subsection 6-7-30(b) of this Article, the Local Licensing Authority will not begin processing a license application until it receives notice of the application from the state licensing authority. The Local Licensing Authority may await completion of the state licensing authority's review and issuance of the state license before processing the local application, or it may conduct a concurrent review of a new license application prior to the state licensing authority's final approval of the license application. The Local Licensing Authority shall notify the state licensing authority whether it approves or denies any forwarded application. (Ord. 417 Part 1.1, 2014) Sec. 6-7-70. Investigation of applicant. (a) Upon receipt of an application for a license under this Article, the Town Clerk shall transmit copies of the application to the Police Department, the Town Manager, the Planning and Building Department and any other person or agency who the Town Clerk determines should participate in the review of the application. The Town or any of its departments or officials may visit and inspect the property in which the applicant proposes to conduct business and investigate the fitness to conduct such business of any person, the officers and directors of any corporation or the partners of any partnership applying for a license. (b) In investigating the fitness of the applicant, the Town may obtain criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such agency. In the event the Town takes into consideration information concerning the applicant's criminal history record, the Town shall also consider any information provided by the applicant regarding such criminal history record, including but not limited to evidence of rehabilitation, character references and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the consideration of the application for a license. (c) Not less than five (5) days prior to the date of the public hearing on a license application or, in the event of an application for which no public hearing is scheduled, not less than five (5) days prior to the decision to approve or deny an application, the Town Clerk shall make known the findings of the investigation in writing to the applicant and other parties of interest. (Ord. 417 Part 1.1, 2014) 6-5 Sec. 6-7-80. Public hearings; notice; publication. (a) Upon receipt of an application for a local license, except an application for renewal or for transfer of ownership, the Local Licensing Authority shall schedule a public hearing upon the application, to be held not less than thirty (30) days after the date of the application. The Local Licensing Authority shall post and publish public notice thereof not less than ten (10) days prior to the hearing. The Local Licensing Authority shall give public notice by the posting of a sign in a conspicuous place on the retail marijuana center premises for which application has been made and by publication in a newspaper of general circulation in the County. (b) Public notice given by posting shall include a sign of suitable material, not less than twenty-two (22) inches wide and twenty-six (26) inches high, composed of letters not less than one (1) inch in height, and stating the type of license applied for, the date of the application, the date of the hearing, the name and address of the applicant and such other information as may be required to fully apprise the public of the nature of the application. The sign shall contain the names and addresses of the officers, directors or manager of the facility to be licensed. (c) Public notice given by publication shall contain the same information as that required for the posting of signs. (d) If the building in which retail marijuana is to be sold is in existence at the time of the application, the sign shall be posted so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice shall be conspicuous and plainly visible to the general public. (Ord. 417 Part 1.1, 2014) Sec. 6-7-90. Issuance or denial of license. (a) Not less than five (5) days prior to the date of the public hearing, the Local Licensing Authority shall make known its findings, based on its investigation, in writing to the applicant and other parties of interest. The Local Licensing Authority has authority to refuse to issue a license provided for in this Section for good cause, subject to judicial review. (b) Before entering a decision approving or denying the application for a local license, the Local Licensing Authority may consider, except where this Article specifically provides otherwise, the facts and evidence adduced as a result of its investigation, as well as any other facts pertinent to the application, including the number, type and availability of retail marijuana outlets located in or near the premises under consideration and any other pertinent matters affecting the qualifications of the applicant. (c) Within thirty (30) days after the public hearing or completion of the application investigation, the Local Licensing Authority shall issue its decision approving or denying an application for local licensure. The decision shall be in writing and shall state the reasons for the decision. The Local Licensing Authority shall send a copy of the decision by certified mail to the applicant at the address shown in the application. (d) The Board of Trustees may impose reasonable conditions upon any license issued pursuant to this Article. 6-6 (e) After approval of an application, the Local Licensing Authority shall not issue a local license until the building in which the business to be conducted is ready for occupancy with such furniture, fixtures and equipment in place as are necessary to comply with the applicable provisions of this Article, and then only after the Local Licensing Authority has inspected the premises to determine that the applicant has complied with the architect's drawing and the plot plan and detailed sketch for the interior of the building submitted with the application. (f) After approval of an application for local licensure, the Local Licensing Authority shall notify the state licensing authority of such approval. (Ord. 417 Part 1.1, 2014) Sec. 6-7-100. Contents and display of license. The licensee shall post the license in a conspicuous location at the retail marijuana store. A retail marijuana store license shall contain the following information: (1) The name of the licensee, the date of issuance of the license and the street address at which the licensee is authorized to operate the retail marijuana store; (2) Any conditions of approval imposed upon the license by the Board of Trustees; (3) The date of expiration of the license; and (4) The license shall be signed by the applicant and the Town Clerk. (Ord. 417 Part 1.1, 2014) Sec. 6-7-110. Transfer of ownership. In determining whether to permit a transfer of ownership, the Local Licensing Authority shall consider only the requirements of this Article, the RM Code and RM Regulations. The Local Licensing Authority may hold a hearing on the application for a transfer of ownership; provided that the Local Licensing Authority shall not hold a hearing pursuant to this Section until the Local Licensing Authority has posted a notice of hearing in the manner described in Section 6-7-80 of this Article on the licensed premises for a period of ten (10) days and provided notice of the hearing to the applicant at least ten (10) days prior to the hearing. An application fee shall accompany each application for a transfer of ownership, in such amount as is established from time to time by the Board of Trustees and as set forth in the appendices to this Code. (Ord. 417 Part 1.1, 2014) Sec. 6-7-120. Suspension or revocation. (a) The Local Licensing Authority may revoke or elect not to renew any license if it determines that the licensed premises have been inactive, without good cause, for at least one (1) year. (b) In addition to any other sanctions prescribed by this Article, the RM Code or the RM Regulations, the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke a license issued by the Local Licensing Authority for a violation by the licensee, or by any of the agents or employees of the licensee, of the provisions of this Article, the RM Code or RM Regulations, or of any of 6-7 the terms, conditions or provisions of the license. The Local Licensing Authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records necessary to the determination of a hearing that the state or Local Licensing Authority is authorized to conduct. (c) The state licensing authority or Local Licensing Authority shall provide notice of suspension, revocation, fine or other sanction, as well as the required notice of the hearing pursuant to Subsection (b) above, by mailing the same in writing to the licensee at the address contained in the license. Except in the case of a summary suspension, a suspension shall not be for a longer period than six (6) months. If a license is suspended or revoked, a part of the fees paid therefor shall not be returned to the licensee. Any license or permit may be summarily suspended by the Local Licensing Authority without notice pending any prosecution, investigation or public hearing pursuant to the terms of Section 24- 4-104(4), C.R.S. (d) Whenever a decision of the Local Licensing Authority suspending a license for fourteen (14) days or less becomes final, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. Upon the receipt of the petition, the Local Licensing Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if the Local Licensing Authority is satisfied that: (1) The public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; (2) The books and records of the licensee are kept in such a manner that the loss of sales that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy; and (3) The licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint that resulted in a final decision to suspend the license or permit. (e) The fine accepted shall be not less than five hundred dollars ($500.00) nor more than one hundred thousand dollars ($100,000.00). (f) Payment of a fine shall be in the form of cash, a certified check or a cashier's check made payable to the Local Licensing Authority. (g) Upon payment of the fine pursuant to Subsection (c) above, the Local Licensing Authority shall enter its further order permanently staying the imposition of the suspension. (Ord. 417 Part 1.1, 2014) Sec. 6-7-130. Penalty. Failure to comply with the provisions of this Article shall constitute a violation of this Code, and, in addition to being grounds for denial, suspension or revocation of a license, such violation may be punished by a civil penalty in an amount not exceeding the maximum 6-8 fine provided in Section 1-4-10 of this Code. Proceedings for the determination of such liability and imposition of such civil penalty shall be conducted in the Municipal Court in the same manner as proceedings relating to noncriminal traffic infractions, in accordance with the provisions of Article 1 of Chapter 8 of this Code. In no case shall any defendant found guilty of any violation of this Article be punished by imprisonment for such violation. (Ord. 417 Part 1.1, 2014) 6-9 MEMO TO: Mayor Smith and the Board of Trustees FROM: Lu Berger, Town Clerk DATE: October 15, 2014 SUBJECT: Serene Wellness Retail Marijuana Center License Application MATTER BEFORE BOARD: The Fraser Town Board serves as the Retail Marijuana Local Licensing Authority and Serene Wellness LLC has submitted an application to open a Retail Marijuana Center (RMC) at 228 Byers Avenue. ACTION REQUESTED: Motion to Approve Resolution 2014-10-02 a Resolution of the Fraser Board of Trustees, Acting as the Local Retail Marijuana Licensing Authority for the Town of Fraser, Approving the Application of Serene Wellness Fraser LLC, for a Retail Marijuana Center License for the Premises at 228 Byers Avenue, Fraser, Colorado BACKGROUND: On September 5, 2012 the Fraser Town Board approved a Medical Marijuana License (MMC) for Serene Wellness LLC to be located at 255 Mill Avenue. On November 7, 2012 the Fraser Town Board approved a change of location for Serene Wellness LLC to locate the MMC at 228 Byers Avenue. Serene Wellness has been operating an MMC at 228 Byers Avenue since 2012. In 2013 the State of Colorado began accepting applications for Retail Marijuana Centers. A RMC license application was received in my office on July 29, 2014 from Serene Wellness Fraser, LLC, P.O. Box 331, Empire, CO 80438 dba; Serene Wellness, 228 Byers Avenue, Fraser, CO 80442 The Notice of Public Hearing on this matter was posted on the premises on Thursday, October 2, 2014 at least 10 days prior to the hearing, and that the publication of the hearing was published in a newspaper of general circulation beginning on September 24 thru October 15, 2014, at least 10 days prior to the Public Hearing. The license application is complete, including all payment of fees. ƚǞƓƚŅCƩğƭĻƩ th.ƚǣЌАЉͲCƩğƭĻƩͲ/hБЉЍЍЋƚŅŅźĭĻВАЉАЋЏЎЍВЊŅğǣВАЉАЋЏЎЎЊБ ǞǞǞ͵ŅƩğƭĻƩĭƚƌƚƩğķƚ͵ĭƚƒ The applicant had requested a concurrent review and the State has issued a Retail Marijuana License contingent upon approval by the Local Licensing Authority. Based on Chapter 6 Article 7 of the Fraser Town Code the applicant has met the criteria regarding limitations and requirements to retail marijuana stores. All application requirements have been met, and a background check by the Fraser/Winter Park Police Department found no negative information. All publications were printed in a newspaper of general circulation within the County and the property was properly posted. Within thirty (30) days after the public hearing or completion of the application investigation, the Local Licensing Authority shall issue its decision approving or denying an application for local licensure. ALTERNATIVES: The alternative to approving the RMC license would be denial, however, based on current Colorado and local RMC regulations, Serene Wellness has met the criteria required to be granted a RMC license. RECOMMENDATION: I would recommend approval based on the criteria referenced in the Findings of Fact and the conditions referenced in the Resolution 2014-10-01; Compliance with all applicable state requirements; o Satisfactory completion of any and all alterations and improvements to the o licensed premise required to comply with the Fraser building and development codes, and state and local retail marijuana regulations; Payment of all license and other applicable fees. o ƚǞƓƚŅCƩğƭĻƩ th.ƚǣЌАЉͲCƩğƭĻƩͲ/hБЉЍЍЋƚŅŅźĭĻВАЉАЋЏЎЍВЊŅğǣВАЉАЋЏЎЎЊБ ǞǞǞ͵ŅƩğƭĻƩĭƚƌƚƩğķƚ͵ĭƚƒ GRANBY Page I Case No, 13-0153 POLICE DEPARTMENT Beat 21B Rpt Dist Type: Seq: Crime I Incident (Primary, Secondary, Tertiary) Drug Offense All Schedule Narcotics Offense Attempt El Occurred Date Time Day On or Fro, 0411112013 15:31 Thu El [100411112013 Thu 'elop, id 0411112013 15:31 Thu LJ I Location of Incident ZERO E JASPER AV, GRANBY, C,O Cross Street GRANBYPDI TOWN HAL County Dispo y' = victim RP" = Reporting Party 'W = Wtness "S"= suspect "0" = Other - GRAND E, Last„ First, Middle (Firm if Business) SOCIETY, IS VICTIM n Sex Age 0 :HOT 0: =WT 0 0 Hair Eyes Home Phone (970) Address DOS DL Number State Work Phone CO (970) City, State, Zip Code SSN Local ID # State # FBI # Cell Phone GRANBY CO 80446- 0 F1Last, First, Middle (Firm if Business) 1fOLPE DANIEL FRANK Race Sex Age FIT WT -Ha i r WM 39 0 L 0 BLK Eyes BRO Home Phone (720) 383-2057 Address DOB DL Number State Work Phone 13 E PARKA V 0711211973 CO (970) City, State, Zip Code SSN Local ID # State 9 FBI # Cell Phone EMPIRE CO - 1 0 Elast, First, Middle (Firm if Business) Race I Sex Age HT WT Hair Eyes Home Phone Address DOB DL Number State Work Phone City, State, Zip Code SSN Local ID # State N FBI # Cell Phone Last, First, Middle (Firm if Business) Race Sex Age HT WT Hair Eyes Home Phone Address DOB DL Number State Work Phone City, State, Zip Code SSN Local 10 4 State # FBI # Cell Phone Synopsis: Was there a witness to the crime? N Continuation r Propertyl-ist Attached Attached Was a suspect arrested? N Press is a suspect named? N UCR: 18PB Release: Q Property Damage X00 ''I ........... Domestic Violence Case: El Victim Senior Citizen: El -J Can suspect be located? N Gang Related W Hate Crime: El Can suspect be described? N Can suspect be Identified? N Pursuit Force Used Child Abuse: Disposition > 11 0 Is stolen property Identifiable? N Solvability County Points 0 Code: GRAND Is there an unusual M.O.? gency Is significant physical evidence present N MI # C00250100 Connecting Case # Is this a major injury/sex crime? N CAD IC FS 1 13-0318 Are there unique circumstances? IN Is there a good possibility of solution? N Assigned To: Date Officer ID H2OUSLEY 9140 Reviewed By: HO,USLEY Approved YES Date 0911012013 Printed By/On: 0793 10410812014 92:14:.46 CrimeStarZ Law Enforcement Records Management System Licensed to GRANDY CO POLICE DEPARTMENT GRANBY POLICE DEPARTMENT Page 2 Case Na. 13-0153 Type! Seq: Crime! Incident (Primary)em Drug Offense All Schedule Narcotics Offense E:]J Narrative Report _J On 0411112013 Daniel Volpe reported in person to the Granby Police Department to speak to me about his concerns over an apparent medical marijuana grow business occurring at 108 Timber Court in the Town of Granby. Volpe believes that Matthew Neidermeyer is operating an illegal medical marijuana supply business and said he has reported the information to the Granby Police Department in the past, but nothing has been done with the information. Volpe questioned whether Neidermeyer was somehow connected in a way the the PD was "looking the other way" in regard to Neidermeyer's business. Volpe expalined that he has been entirely above board with his own Medical Marijuana business and has paid thousands of dollars for licenses and permits. Volpe believes that he is at a disadvantage when he is forced to compete against illegal businesses who do not pay the necessary fees but take customers away from legitimate businesses such as his. I explained to Volpe that I have contacted the State Medical Marijuana division and have been told that Neidermeyer is a registered Medical Marijuana caregiver. Volpe supplied copies of regulations which he believes Neidermeyer does not abide by. Investigation will continue in accordance with advice of Town attorney and assistance of the State Medical Marijuana division. Reviewed By: Approved: Date � Officer tD: HOUSLEY 9140 HOUSLEY I YES 1 0911012013 Printed By/Cn: 0793 10410612014 1'.2:14:46 CrmeSta* Law Enforcement Records Management System Licensed le:. GRANBY CO POLICE DEPARTMENT FRAS I , ERNVINTER PARK POLICE DEPARTMENT 'To. Lu Berger From: Glen Trainor, Chief of Police Date: September 9, 2014 Re: Serene Wellness Fraser, LLC -Daniel F. Volpe The FraserNVinter Park Police Department has conducted a review/background check for the above mentioned establishment as well as Daniel F. Volpe DOB 7/12/73. Our records do not indicate any negative contact. Also, background checks were done on the above individual with the Granby Police Department, the Grand County Sheriffs Department CBI and FBI, with no record found except I've have attached in my email case no. 13-0153 from Granby Police Department. If you have any questions, please do not hesitate to contact ime. Cm "COMMITTED TO EXCELLENCE" TOWN OF FRASER RETAIL MARIJUANA LICENSE APPLICATION FORM �� LICENSE �`` F- TRANSFER OFOWNERSHIP APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) �AppUoant/aapplying aao [- Corporation `/ �� Limited Liability Company F- Partnership (includes Limited Liability and Husbond and VWfaPartnerships) [- A8�noiationor[)ther Individual 2. Appliqqpt if an LLC, narne of LLC; if partnersliip, at least 2 partner's names; if corporation, name of corporati --Fein ur 2a. Trade Name of Es lishment (DBA) State Sales Tny Nn Businp.q.q -T �Address mPremises (specify exact location mpremises) Cit L'umily �/1Ll�J Z 4. Mailing xuumo (Number and Street) City or Town State _ZIP Code NONREFUNDABLE APPLICATION FEES [- Application Fee for New License by an Existing Medical Marijuana Business Ovvner--.------' 50.00° [- App|ioatonFeeforNevvLiognae-----' ___............................................................................... |- Application Fee for Transfer ofownership ........... —.......................................................................... $2'5U0.O0^ ^Plus reimbursement ofany additional fees orexpenses incurred bvthe Tovvnand/or neinnbunoen�ent ofany Tovvnexpenses inm/nedinexcess ofthis annnurt-' RETAIL MARIJUANA LICENSE FEES Annual Operating Fee ................................................. [- Change of location application fee ....................................................... ................................................. $7U0.00 r- Modification of premises application ----- � �----------------------------�$70O.O0 � Change of corporate structure/officers/directors/(for of�oe�V�eotorodded)---------_—__.` ----------------------------$5OO.U0 F' Manager registration (if not on---' ' ____—__-----...................................................... * Plus reimbursement of any additional fees -or expenses incurred by the Town and/or reimbursement Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed.Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION 1- A. Applicant/Licensee identified. J- B. Copy of State of Colorado Retail Marijuana License Application. C. License type or other transaction identified. F D. Return originals to local authority. ,F E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES A. No larger than 8 112" X 11 ". B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.). 1- C. Separate diagram for each floor (if multiple levels). III. PROOF OF PROPERTY POSSESSION F- A. Deed in name of the Applicant ONLY (or) B. Lease in the name of the Applicant ONLY. C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant. 1- D. Other Agreement if not deed or lease. IV- CORPORATE APPLICANT INFORMATION (If Applicable) F A. Certificate of Incorporation (and/or) B. Certificate of Good Standing if incorporated more than 2 years ago. F D. List of officers, directors and stockholders of parent corporation (designate 1 person as "principal officer") V. PARTNERSHIP APPLICANT INFORMATION (if Applicable) F- A. Partnership Agreement (general or limited). Not needed if husband and wife. VI. LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable) A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). , B. Copy of operating agreement. . C. Certificate of Authority (if foreign company). REGISTRATIONVILMANAGER INFORMATION WHEN INCLUDED WITH THIS APPLICATION I- A. $500.00 fee. Page 3 19. If applicant is a corporation, partnership, association or limited liability company, applicant must list ALL OFFICERS, DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS. ALL PERSONS LISTED BELOW must submit finger print cards to their local authority. NAME HOME ADDRESS, CITY & STATE DOB POSITION Registered Agent (if applicable) Address for Service OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Medical Marijuana REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application.) THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to has: Yes No 1- Been fingerprinted........................................................................................................................... [— f r— Been subject to background investigation, including NCIC/CCIC check for outstanding warrants F (— F That the local authority has conducted, or intends to conduct, an inspection of the proposed F F premises to ensure that the applicant is in compliance with, and aware of, liquor code provisions affecting their class of license (Check One) F Date of Inspection or Anticipated Date F C F- Upon approval of state licensing authority. f I— The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted will meet the zoning regulations of the neighborhood and will comply with the provisions of the Fraser Municipal Code. THEREFORE, THIS Local Licensing Authority for Telephone Number TOWN, CITY Signature Title Date Signature (attest) Title Date Retail Marijuana Application Certification Form I, 0 �g ._ 1 . wI` i , hereby acknowledge that the applicant and its owners , officers, and employees r�iay be subject to prosecution under federal laws relating to the possession and distribution of controlled substances; that the Town of Fraser accepts no legal liability in connection with the approval and subsequent operation of the Retail Marijuana Business; and that the application and documents submitted for other approval relating to the Retail Marijuana business operation are subject to disclosure in accordance with the Colorado Open Records Act. I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and exhibits herewith submitted are true and correct to the best of my knowledge. The Authorized Signer gives consent for Town of Fraser representatives to make all reasonable inspections and investigations of the subject property during the period of processing this app.lieatiwT..+l-un rstand that all materials and fees required by the Town of Fraser must be ,submitted prior to ha 'ng t is�-aplication processed. Auth_o i ignature : Date: T other than owner, attach letter authorizing agent on behalf of owner. STATE OF COLORADO ) ) ss. COUNTY OF C16-z6cl,�-ec-x' ) Subscribed and sworn to (affirmed) before me this 2-6—day of c�-_1 20 BY12 I-V o f �e Notary Public My commission expires: -:7/ / [ S E A L) fIONALD DEAN KOHLER Notary Public State of Colorado a COLORADO Colorado usiness Department of Revenue Retail Marijuana .i' Marijuana Enforcement Division DR 8548 (06/30/14) DR 8548 (06/30/14) Colorado Marijuana Enforcement Division Retail Business License Application Instructions APPLICATION CHECKLIST ❑ Application Fully Completed Type or clearly print an answer to every question. If a question does not apply to you, indicate so with an N/A. If you are unsure if a question applies to you or what information the form is asking you to provide, contact any Marijuana Enforcement Division office to seek clarification. If the available space is insufficient, continue on a separate sheet and precede each answer with the appropriate title. A separate application is required for EACH license type. ❑ 2 All Forms Signed & Attached The fol4nng accompanying forms must be signed and returned with the application: Affirmation & Consent nvestigation Authorization/Authorization to Release Information (A Applicant's Request to Release Information ❑ 3 All Requested Information Attached (Other forms may be made available and may be required at time of application) The following information requested on the application must be attached, if applicable: ❑ rade Name Registration Certificate of Good Standing from the Colorado Secretary of State's Office ❑ Certified Copy of Articles of Incorporation, including amendments for corporations Articles of Organization, including amendments and operating agreement for LLC ❑ Partnership Agreement, or operating/shareholder agreements ❑ If corp., annual and bi-annual reports and meeting minutes from past 12 months ❑ All applicable information requested on page 6 ®Documentation showing legal possession of the premise to be licensed Diagram of premise to be licensed (described on page 4, question 4) including security drawing ❑ Copies of notes, security instruments, etc., (detailed on page 4, question 5 and page 6, question 8 ❑ Explanation detailing the funding sources used to finance the applicant business ❑ List of,financial institution accounts as detailed on page 6, question 9 V Copy of sales tax and/or wholesale license Note: The Marijuana Enforcement Division reserves the right to request additional information and documentation throughout the course of the background investigation. 1—1 4 L_J Application and License Fees See fee table on website. Retail Marijuana license application fees are split between the Marijuana Enforcement Division (MED) and the Local Licensing Authority. In order for the State to accept this application, both the State and Local fees must be paid at the time the application is accepted by MED. This will require two (2) checks or money orders; one made payable to DOR and one made payable to the Local Licensing Authority, for EACH License. You are responsible for knowing who your Local Licensing Authority is. ❑ 5 Bring in Application (BY APPOINTMENT ONLY) Bring in application and all attachments to: Marijuana Enforcement Division 455 Sherman Street, Suite 390 Denver, CO 80203 DR 8548 (06/30/14) COLORADO DEPARTMENT OF REVENUE Marijuana Enforcement Division 455 Sherman Street, Suite 390 Denver CO 80203 Colorado Pviariii inna I icensing Authority Retail Business License Application License Types &t=ees (See Application Checklist for details on license types and fees.) Retail Marijuana Store ❑ Tier 1 = 3600 or fewer plants ❑ Retail Marijuana Products Manufacturer ❑ Retail Marijuana Cultivation ❑ Tier 2 = 3601 – 6000 plants ❑ Conversion ❑ Retail Marijuana Test Facility ❑ Tier 3 = 6001-10200 plants ❑ Retail/Medical Marijuana Combined Use Applicant's L".eegg�al Business e{ gN�amej\(Plaryeaa�se Pprint) [\ _[/{� (�� rF Marijuana License Number (Assigned by Division) Trade Name (DBA) (Provide Trade Namp Registration) Website Address < //Very �//[, Physical Address Street Address of Marijuana Business Cily- ZIP /9 %� y p /Statrya s(( Business Phone Number ► Business Fax umber -10 Email Address `- 3 6J . 0 _ Mailing Address (if different from Business Address) Addre5 Ci State ZI1.P Primary Contact Person for Business Title Pri { 10 �t WA Contact Fax Number Primary Contact Address (city, state ZIP) VPrrmary Email Address C — 11 Type of Business Structure ❑ Sole Proprietorship ❑ Partnership ❑ Limited Partnership ®Limited Liability Company ❑ C Corporation ❑ S Corporation ❑ Publicly Traded Corporation [:]Trust ❑ Other State of Incorporation or Creation of Business Entity Date Date of Qualification to Conduct Pusine s in*c7olorado (Provide Certificate of Good Standing from the Colorado Secretary of State's Office) If a Corporation, List all States Where thh Corporation is Authorized to Conduct Business i co (,D i'r'k 4-_k) List all'Trade Names used by the Business Entity (other than above) Attach copies of all articles of incorporation, bylaws, articles of organization, or a true copy of any partnership or trust agreement, including any and all amendments to such. If a corporation, attach copies of all annual and bi-annual reports, SEC filings, if any, and all minutes from all corporate meetings for the past 12 months. Page 3 of 9 1. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability Yes No company; or officers, stockholders or directors if a corporation) or manager under the age of twenty-one years? ❑ 2. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied a privileged license (ie: Liquor, Gaming, Racing and Marijuana)? ❑ [ (b) had a privileged license (ie: Liquor, Gaming, Racing and Marijuana) suspended or revoked? ❑ (c) had interest in another entity that had a privileged (ie: Liquor, Gaming, Racing and Marijuana) license denied, suspended or revoked? ❑ If you answered yes to 2a, b or c, explain in detail on a separate sheet. 3. Has a Marijuana license ever been issued to the applicant (including any of the partners, if a partnership; S members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? Awt If yes, identify the name of the business and list any current or former financial interest in said business Lc c including any loans to or from a licensee. 2n2c We0W-55 L L(- t0v �=�r'� ���((�tj�( ���` � ❑ 4. Does the applicant have legal possession of the premises by virtue of ownership, lease or other arrangement? Attach all documentation showing legal possession. Deed, Title, sale or lease agreements etc. ❑ Ownership Lease ❑ Other (Explain in Detail) (a) If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: l lord_ let Tenant C _ EXPIres Attach a diagram of the premises to be licensed and outline or designate the area (including dimensions) which shows the limited access areas, walls, partitions, entrances, exits and what each room shall be utilized for in this business, including security equipment locations. This diagram should be no larger than 81/2" X 11". (it does not have to be to scale) 5. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies, trusts), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money or profits from this business. Attach a separate sheet if necessary. Burne Date of Birth FEIN OR SSN Interest Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, Iimited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. Local Licensing Authority (To be filled out by Applicant) Local Licensin Authority/Department � Addr ss o- (Z �5( Awa ( � i o� r Local Licensing Authority contact name L -el e ccA e Contact Phone ri 10 126� qw � 2.� ( Contact Email �� js c ���� 1 -OW -4 r-k1ticlt uc 6. Has the Applicant filed for a retail marijuana cultivation? Yes No What City or County? (Fill out a separate and complete application) 7. Does the Retail Applicant have evidence of a good and sufficient bond in the amount of $5000.00 in accordance with 12-43.4-303 C.R.S. (Include evidence with application)? ❑ Printed Legal Business Name Printed Trade Name (DBA) Page 4 of 9 C'sG' Io ,0-� Ownership Structure List all persons and/or entities with any ownership interest, and all officers and directors, whether they have ownership interest or not. If an entity (corporation, partnership, LLC, etc.) has interest, list all persons associated with such entity, their ownership in the entity, and their effective ownership in the license. List all parent, holding or other intermediary business interest. An Associated Key License Application form must be submitted for all persons in a privately held company or a publicly traded corporation, and all officers and directors. NameT,le N i � 1� ,, r ., SSN/FEIN App submitted? M'W'si `'-t 0t��I� Yes El No A d�reAs' City State ZIP Phone Number , j�5 M j'f�' T_VA j10'V�' -1 S � Business Associated with (Parent business or sub -entity) Own. % Business Associated with Effective Own. % in Applicant �! Name Title SSN/FEIN DOB App submitted? ❑Yes [j No Address City State ZIP Phone Number Business Associated with (Parent business or sub -entity) Own. % Business Associated with Effective Own. % in Applicant Name +, Title SSNIFEIN DOB App submitted? El Yes [:1 No Address City State ZIP Phone Number Business Associated with (Parent busin s or b- ty) Own. % Business Associated with Effective Own. % in Applicant Name -,Title SSN/FEIN DOB App submitted? ❑Yes ❑No Address City State ZIP Phone Number Business Asso iat6d''wRh (Parent'qusiness or',§Sub-entity) Own. % Business Associated with Effective Own-. -% in Applicant Name Title SSN/FEW DOB App submitted? ❑Yes 0 N Address City State ZIP Phone Number Business Associated with (Parent business or sub -entity) Own. % Business Associated with Effective Own. % in Applicant Name Title SSN/FEIN DOB App submitted? ❑Yes [:1 No Address City State ZIP Phone Number Business Associated with (Parent business or sub -entity) Own. % Business Associated with Effective Own.%in Applicant Name Title SSN/FEIN DOB App submitted? El Yes ❑ No Address City State ZIP Phone Number Business Associated with (Parent business or sub -entity) Own. % Business Associated with Effective Own. % in Applicant Are there an outstanding options and warrants? ❑ Yes MNo *If YES, attach list of persons with outstanding options and warrants Are there any other persons, other than those listed in the Ownership Structure, including but not limited to suppliers, lenders and landlords, who will receive, directly or indirectly, any compensation or rents based upon a percentage or share of gross proceeds or it come of the Marijuana business? El Yes No "If YES, attach list of persons Page 5 of 9 Printed Legal BusinessName i ` _ ` Printed Trade Name (DBA) 1. Has the applicant, the applicant's parent company or any other intermediary business entity ever Yes ❑ No applied for a Marijuana license in this or any other jurisdiction, foreign or domestic, whether or not the license was ever issued? If YES, provide details on a separate sheet, including itirisdiction, type of license, license number, and dates license held or applied for. 2. Has the applicant, the applicant's parent company or any other intermediary business entity ever []Yes [lo been denied a Marijuana license, withdrawn a Marijuana license or had any disciplinary action taken against any Marijuana license that they have held in this or any other jurisdiction, foreign or domestic? If YES, provide details on a separate sheet, including jurisdiction, type of action, and date of action. Financial History 1. Is the applicant, the applicant's parent company or any other intermediary business entity ❑ Yes No delinquent in the payment of any judgments or tax liabilities due to any governmental agency anywhere? If YES, provide details on a separate sheet and attach any documents to prove settlement or resolution of the delinquency. 2. Has the applicant, the applicant's parent company or any other intermediary business entity filed a El Yes WINO bankruptcy petition in the past 5 years, had such a petition filed against it, or had a receiver, fiscal agent, trustee, reorganization trustee or similar person appointed for it? If YES, provide details on a separate sheet and attach any documents from the bankruptcy court. -- --_ - _ --- -------- -- - ---------- __ . - --.._ _ ----- --- -- - - - -- -- - - 3. Is the applicant, the applicant's parent company or any other intermediary business entity currently Yes(Jo a party to, or has it ever been a party to, in any capacity, any business trust instrument? If YES, provide details on a separate sheet. 4. Has a complaint, judgment, consent decree, settlement or other disposition related to a violation ❑Yes %No of federal, state or similar foreign antitrust, trade or security law or regulation ever been filed or entered against the applicant, the applicant's parent company or any other intermediary business entity? If YES, provide details on a separate sheet and attach any documents to prove the settlement of any of these issues. Include any items currently under formal dispute or legal appeal. __...__ __.... _..__._ ._ .._... ._ ._.--- --------- . _._._._- _._.......... _._. _.. _--.. ......._____ -_-- _... __..._ ..___-- 5. Has the applicant, the applicant's parent company or any other intermediary business entity been a El Yes [N0 party to a lawsuit in the past 5 years, either as a plaintiff or defendant, complainant or respondent, or in any other fashion, in this or any other country? If YES, provide details on a separate sheet and attach any documents to prove the settlement of any of these issues. Include any items currently under formal dispute or legal appeal. 6. Has the applicant, the applicant's parent company or any other intermediary business entity filed a ''Yes ❑ No business tax return in the past two years? . _...... ._ - _ _._ ___.._._ _. _. ___-- ---- - .-.... _ __ _ - - 7. Has the applicant, the applicant's parent company or any other intermediary business entity XYes ❑ No completed financial statements, either audited or unaudited, in the past two years? If YES, attach all financial statements completed in the past two years. 8. Has any interest or share in the profits of the sale of Marijuana been pledged or hypothecated El Yes ,'No as security for a debt or deposited as a security for the performance of an act or to secure the performance of a contract? If YES, provide details on a separate sheet. 9. Attach a list detailing the operating and investment accounts for this business, including financial institution name, address, telephone number, and account number for each account. __------ _ _ _ ___ __ _ __._-- __-- _-_ _ _.-.-- _-._ _ 10 Attach a list detailing each outstanding loan and financial obligation obtained for use in this business __ _..__ _. including creditor name, address, phone number, loan number, loan amount, loan terms, date acquired, and date duet _ person who maintains Applicant's business records Titl -. / f r Address litle Person who prepares Applicant's tax returns, government forms & ports Arid ecs Phone Number . i 0 4-07,Ll Location of fmanaal books and records for Applicant's usiness 1.,P "k 00 .A, (i-,;, la, f, C) ��,� ��� �✓ (fir � �I (,¢ (� t� /_7 / f page 6 of 9 a& 4G I, iEftI`� ( r - 1 d el- as an authorized agent for the applicant, state under penalty for offering a false instrument for r ording pursuant to 18-5-114 C.R.S. that the entire Marijuana Business License Application Form, staternents, attachments, and supporting schedules are true and correct to the best of my knowledge and belief, and that this statement is executed with the knowledge that misrepresentation or failure to reveal information requested may be deemed sufficient cause for the refusal to issue a Marijuana license by the State Licensing Authority. Further, I am aware that later discovery of an omission or misrepresentation made in the above statements may be grounds for the denial or revocation of the license. I am voluntarily submitting this application to the Colorado Marijuana Licensing Authority under oath with full knowledge that I may be charged with perjury or other crimes for intentional omissions and misrepresentations pursuant to Colorado law or for offering a false instrument for recording pursuant to 18-5-114 C.R.S. I further consent to any background investigation necessary to determine my present and continuing suitability and that this consent continues as long as I hold a Colorado Marijuana License, and for 90 days following the expiration or surrender of such Marijuana license. Note: If your check is rejected due to insufficient or uncollected funds, the Department of Revenue may collect the payment amount directly from your banking account electronically. Print Full Legal Agent Narne clearly below: Applicant's Business Name ,rte I z t'` E .� j �L tidLr e- ��ir�-) 5 r C �Llz— L L..t Trade Name (DBA) Legal Agent Last Name (Please Print) Legal Agent First Name Legal Agent Middle j,,Name t SignatureR ^' bate Page 7 of 9 Investigation Authorization tiRelease Informatiop T` -/U i as an authorized agent for the applicant, hereby authorize the Colorado Marij ana Licensing Authority, the Marijuana Enforcement Division, (hereafter, the Investigatory Agencies) to conduct a complete investigation into my personal background, using whatever legal means they deem appropriate. I hereby authorize any person or entity contacted by the Investigatory Agencies to provide any and all such information deemed necessary by the Investigatory Agencies. I hereby waive any rights of confidentiality in this regard. I understand that by signing this authorization, a financial record check may be performed. I authorize any financial institution to surrender to the Investigatory Agencies a complete and accurate record of such transactions that may have occurred with that institution, including, but not limited to, internal banking memoranda, past and present loan applications, financial statements and any other documents relating to my personal or business financial records in whatever form and wherever located. l understand that by signing this authorization, a financial record check of my tax filing and tax obligation status may be performed. I authorize the Colorado Department of Revenue to surrender to the Investigatory Agencies a complete and accurate record of any and all tax information or records relating to me. I authorize the Investigatory Agencies to obtain, receive, review, copy, discuss and use any such tax information or documents relating to me. I authorize the release of this type of information, even though such information may be designated as "confidential" or "nonpublic" under the provisions of state or federal laws. I understand that by signing this authorization, a criminal history check will be performed. I authorize the Investigatory Agencies to obtain and use from any source, any information concerning me contained in any type of criminal history record files, wherever located. I understand that the criminal history record files contain records of arrests which may have resulted in a disposition other than a finding of guilt (i.e., dismissed charges, or charges that resulted in a not guilty finding). I understand that the information may contain listings of charges that resulted in suspended imposition of sentence, even though I successfully completed the conditions of said sentence and was discharged pursuant to law. I authorize the release of this type of information, even though this record may be designated as "confidential" or "nonpublic" under the provisions of state or federal laws. The Investigatory Agencies reserve the right to investigate all relevant information and facts to their satisfaction. I understand that the Investigatory Agencies may conduct a complete and comprehensive investigation to determine the accuracy of all information gathered. However, the State of Colorado, Investigatory Agencies, and other agents or employees of the State of Colorado shall not be held liable for the receipt, use, or dissemination of inaccurate information. I, on behalf of the applicant, its legal representatives, and assigns, hereby release, waive, discharge, and agree to hold harmless, and otherwise waive liability as to the State of Colorado, Investigatory Agencies, and other agents or employees of the State of Colorado for any damages resulting from any use, disclosure, or publication in any manner, other than a willfully unlawful disclosure or publication, of any material or information acquired during inquiries, investigations, or hearings, and hereby authorize the lawful use, disclosure, or publication of this material or information. Any information contained within my application, contained within any financial or personnel record, or otherwise found, obtained, or maintained by the Investigatory Agencies, shall be accessible to law enforcement agents of this or any other state, the government of the United States, or any foreign country. Print Full Legal Name of Authorized Agent clearly below: Applicant's Business Name Trade Name (DBA) StZ �' L—L- i Legal Agent Last Name (Please Print) Legal Agent First Name Legal Agent Middle Name i-61 N Legai Agent Tit -lee Signature (Must be sigi Vd in nt o e wi s Date (MM/DD/Y) rr Ci ym)`�` 7 State t Witn _ s ,19,lure � r ll Page 8of9 T0: FROM: (Applicant's Printed Name) 1. IMIe hereby authorize and request all persons to whom this request is presented having information relating to or concerning the above named applicant to furnish such information to a duly appointed agent of the Marijuana Enforcement Division whether or not such information would otherwise be protected from the disclosure by any constitutional, statutory or common law privilege. 2. I/We hereby authorize and request all persons to whom this request is presented having documents relating to or concerning the above named applicant to permit a duly appointed agent of the Marijuana Enforcement Division to review and copy any such documents, whether or not such documents would otherwise be protected from disclosure by any constitutional, statutory, or common law privilege. 3. I/We hereby authorize and request the Colorado Department of Revenue to permit a duly appointed agent of the Marijuana Enforcement Division to obtain, receive, review, copy, discuss and use any such tax information or documents relating to or concerning the above named applicant, whether or not such information or documents would otherwise be protected from disclosure by any constitutional, statutory, or common law privilege. 4. If the person to whom this request is presented is a brokerage firm, bank, savings and loan, or other financial institution or an officer of the same, I/we hereby authorize and request that a duly appointed agent of the Marijuana Enforcement Division be permitted to review and obtain copies of any and all documents, records or correspondence pertaining to me/us, including but no limited to past loan information, notes co-signed by mel us, checking account records, savings deposit records, safe deposit box records, passbook records, and general ledger folio sheets. 5. I/We do hereby make, constitute, and appoint any duly appointed agent of the Colorado Marijuana Enforcement Division, my/our true and lawful attorney in fact for me/us in my/our name, place, stead, and on my/our behalf and for my/our use and benefit: (a) To request, review, copy sign for, or otherwise act for investigative purposes with respect to documents and information in the possession of the person to whom this request is presented as I/we might; (b) To name the person or entity to whom this request is presented and insert that person's name in the appropriate location in this request: (c) To place the name of the agent presenting this request in the appropriate location on this request. 6. 1 grant to said attorney in fact full power- and authority to do, take, and perform all and every act and thing whatsoever requisite, proper, or necessary to be done, in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as Uwe might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that said attorney in fact, or his substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. 7. This power of attorney ends twenty-four (24) months from the date of execution. 8. The above named applicant has filed with the Colorado Marijuana Licensing Authority an application for a Marijuana license. Said applicant understands that it is seeking the granting of a privilege and acknowledges that the burden of proving its qualifications for a favorable determination is at all times on the applicant. Said applicant accepts any risk of adverse public notice, embarrassment, criticism, or other action of financial loss, which may result from action with respect to this application. 9. I/We do, for rnyself/ourselves, my/our heirs, executors, administrators, successors, and assigns, hereby release, remise, and forever discharge the person to whom this request is presented, and his agents and employees from all and all manner or actions, causes of action, suits, debts, judgments, executions, claims, and demands whatsoever, known or unknown, in law or equity, which the applicant ever had, now has, may have, or claims to have against the person to whom this request is being presented or his agents or employees arising out of or by reason of complying with the request. 10. I/We agree to indemnify and hold harmless the person to whom this request is presented and his agents and employees from and against all claims, damages, losses, and expenses, including reasonable attorneys' fees arising out of or by reason of complying with this request. 11. A reproduction of this request by photocopying or similar process shall be for all intents and purposes as valid as the original. Print Full Legal Name of Authorized Agent clearly below: Legal Agent Lt Name (Please Print) aI Agent First Name Le(ga�l�lAgegnt Middle Name Legal (Agent Tie � Signat6re (Must be signe in n one viiihess) Date (MM/DD/YY) t � ,2L«t City / State y Wjtne§ 11,Si 6*urea /l 1 (�l y Signat of Marijuana Fnfrimpment Division agent presenting this request Date Page 9 of 9 Retail Marijuana Application Checklist: Revised: June 10, 2014 All applications for conversion or combined use will be treated as new applications requiring all the documents listed below and any others requested by the e1rED investigators. Once a retail application is submitted, MED will not acceot any Changes of Ownership until the license is iss ed. ❑ MED will only accept business applications from owners. Managers cannot submit new applications on behalf of the owners. 1-1 ❑ MED Retail Marijuana License Application Form - DR8548 (On the MED website) Two (2) complete copies of this apalication will be required for EACH Retail Store, Cultivation, Marijuana Products Manufacturer or Testing Facility. One (1) copy for the MED and one (1) copy for the Local Licensing Authority. ❑ Two (2) checks or money ordersfor each license being applied for Qne check made out to the MED (DC)R) and oiii,iiiP rnade out to the aroaer local authority. The application requires you to provide the name of the local authority, a contact name, address, email and phone number so MED can forward the Local Authority the application and fees. Checks will only be accepted from accounts in the business name or in the name of one of the owners. We cannot accept checks from holding companies. Failure to provide Local Authority information and fees will deem the application incomplete. Q__ LLC's must provide an Operating Agreemeent'and Corporations must provide Articles of Incorporationand-Bylaws-fully exeGuted and signed by all parties. c�Copy of a current "Certificate of Good Standing"ifrom the Colorado Secretary of State. /E( - '-Copy of your current, amended or new lease, ini the name of the business, fully executed and �--s.ign.ed,_for..the-location-the--busin-ess_will be located even if it is the same location as your current Medical Center, OPC or MIP. If you have fully executed and signed a sub -lease then you must also provide a copy of the master lease. If you have a contingency clause it must take effect immediately upon MED approval. Floor plans of each facility, on 8.5 X 11 inch paper. These drawings, at a minimum, will ''indicate alLv�tq)LS-fixture&in_s les area, entrances, exits, safes, storage areas, locations of cameras, DVR(s) and security room(s). Clearly identify the licensed premise area(s). rl Retail Marijuana Sales Tax Bond on tl5 approved $tate form. You cannot use your existing Medical Bond for your_Retail 8tore.._(On th. e_M..ED-website)'` Questions for Taxpayer Service Division: Marijuana Hotline 303-205-8287. /0 Copy of the current Marijuana State Tax License, if it exists. ❑ You will be required to sign an Ownership, Funding and Limitation of Ownership Change Agreement. If you are applying for combined use of the same facility for both a Medical Marijuana Center and Retail Marijuana Store you will be required to sign a Letter of Understanding that you cannot sell Medical Marijuana to anyone under the age of Twenty -One (21) years. (These forms will be provided by MED at time of application.) ❑ Payment of fees NED will not accept an incomplete application. MED mrill con-sider an application incomplete if the required documents are not submitted or the applicationo ,r out and executed, to include the appropriate number of copies. Businesses submitting inconiplete arplications and fees will be rescheduled for a later date. OPERATING AGREEMENT F SINCLE-MEMBER Serene Wellness Treses-, LLC A COLORADO LIMITED LIABILITY COMPANY ,lady 6, 2012 THIS OPER-ATING AGMEME1`I'17 of Single-Nieniber Serene Wellness Fraser, LLC, a Colorado limited liability company (the "Companv"), is made as of July 5, 2012 by and between the Company and .Daniel Drank Volpe ([he "Member"). On ;luly 5, 2012, Daniel Frank Volpe caused the organization. of the Corripally by filing the Articles of Organization with the Colorado Secretary of State. ARTICLE PURPOSES Aj&TT P.. 2.1 Purposes. The purposes of the Company are to hold, manage, lease, at.1d operate equipment and machinery and to undertake activities related thereto, and to pursue any other lawfttl purpose for which a limited liability company xnay be organized under Colorado lav 2.2 Powers. The Company shall have all of the powers of a liix-ited liability company set forth in the Colorado Limited 1.Iiability Company Act, as amended (the ''-Colorado Act"). 2.3 Duration. The Company shall continue until it is dissolved, liquidated and terminated pursuant to Article IX. ARTICLE III. OFFICES 3.1 Principal Office. The principal office of the Company shall initially be at 255 Mill Ave Fraser,CO, 80442 but the .Manager, in his discretion, may cause the Company to beep and luaintain offices wherever the business of the Company .may require. 3.2 R_. seer d Agent and Ofllce. 'File Company sltall continuously maintain in the State of Colorado a registered office and a registered agent whose business office is identical with the registered office. The initial registered office is at 13 Fast Park Ave Empire, Co 80438, and the initial registered agent at that address is Daniel Frank Volpe, both as specified in the _Articles of Organization. The Company may change its registered office, its registered agent, or both, upon filing; a statement with the Colorado Secretary of State. ARTICLE 11,' MEMBER 4.1 Sole Member. Daniel Frank Volpe, is the only Member of the Company. 4.2 Capital Contributions. The Member has contributed to the Company the assets as reflected on the books of the Company and has obtained the Mernbership Interest described on Exhibit "A" hereto. The Member may contribute additional cash or other assets to the Company as the Meixiber and the Company may agree. No person shall have the right to enforce any obligation of the Meniber to contribute capital to the Company. 4.3 Limited Liability of Member. As provided in the Colorado Act, the Member (or any Managej) shall not be obligated personally under a judgment, decree or order of court, or in any other manner, for a debt, obligation or liability of the Company, whether arising in contract, tort or otherwise, solely by reason of beitig a member of the Company. 4.4 Meetings of Member. Meetings of the Member may be held at such place, either -within or without the State of Colorado, as may be determined by the Manager or the Member. There need not be annual meetings. 4.5 Action of Memberwithout a Meeting. Action required or permitted to be taken at a Member meeting may be taken. without a. meeting if the action is evidenced by a written consent describing the action taken, signed by the Member. Action so taken shall be effective -Ls of the date of the signature of the Member thereon unless the consent specifies a different effective date in which case the action shall be effective as of the different effective date. 4.6 Transferability of Interest. The Member's interest in the Company is transferable her voluntarily or by operation of lacy; provided such transfer is accomplished in accordance with federal and applicable state securities laws. The Mernber may dispose of all or a portion of the Member's interest. (a) Notwithstanding any provision of the Colorado Act to the contrary, upon any disposition of all (but not less than all) of the Member's interest, the transferee shall be admitted as a Member upon completion of the transfer without farther- action. By accepting such transfer, the transferee shall be deemed to have accepted the provisions of this Agreement. Upon the transfer ofthe Member's entire interest (other than a transfer by way of pledge or security interest) the Member shall cease to be a. Member and shall have no further rights or obligations under this Agreement. (b) Upon the transfer of less than all. Of the MeDiber's interest, the trtuisferce may be admitted --is a new Mernber only with the approval of the Manager. A new Member shall. be required to consent in writing to the provisions of this Agreement, as moditi ed to reflect the admission of the new Member. ARTICLE 1.7 TAX MATTERS Pursuant to the regulations ender § 7701 of the Internal Revenue Code of 1986, as aniended, but only for the purposes of U.S. federal income and all applicable state and local income tax purposes, the Coriapany shalt be disregarded as an entity separate from the Member, such that the income, gain, loss or deduction of the Company shall be taxable to the Member. ARTIC=LE VI. DIS`ll'RIII uTIONS A Manager may, from time to time, cause the Company to make distributions to the Ivletnber in amounts that the Manager determines are not needed and are not reasonably expected to be needed for nor-rnal operating expenses of the Company, for payment of Company obligations, or for establishing reasonable reserves for such expenses and Obligations. ARTICLE VII. MANAGEMENT 7.1. Management by Manager. The rnatiagement of the business and afYairs of the Company shall be vested in one or more Managers.The initial Manager of the Company is Daniel Frank Volpe. Any action required or permitted to be taken by the Managers may be taken by a single Manager, and all references herein to "the Manager" shall refer to any Manager. The Manager does not have to be a Member. If the Member has not appointed a Manager, the Member will be the Manager. 72 Dirties. A Manager shall carry out his or her duties in good faith, in a manner lie or she believes to be in the best interests of the Company, and with such care as an ordinary prudent person .in a, like position would use under similar circumstances. A Manager who so performs his or her duties shall not have any liability by reason of being or having been a Manager_ 7.3 Team. A Manager shall hold office until he or she resigns, dies, becomes bankrupt or incompetent, or is removed by the Member. Any vacancies occurring in the office ol'Manager and any position to be filled by an increase in the number of Managers shall be filled by a majority of the Managers then in office or by the Member. A. Manager may be removed at any time, with or without cause, by the Member. 7.4 Transactions Between Company and Manager_. The Manager may cause the Company to contract and deal with a Manager, or any person or entity affiliated with a. Manager, provided suchh contracts and dealings are on terns comparable to and competitive with those available to the Company from arm's length parties or are approved by the Member in writing. 7.5 Management Fees and Reimbursements. The Manager shall riot be entitled to any fee or salary for managing the operations of the Company unless approved by the Member. The Manager shall be reimbursed. by (lie C:oinpany for any reasonable Out-of-pocket expenses incurred on behalf of the Company. 7.6 Exculpation. Any act or failure to act, if clone in good faith to promote the best interests of the Con-apany, shall not subject the Manager to any liability. The Company shall indemilify the Manager for all costs, losses, liabilities and damages paid by the Manager in connection with the Company's business, to the fullest extent provided or allowed by Colorado late, but only out of and to the extent of the assets of the Company. In no event shall the Company or the Mels-iber be liable to a third party as a result of any indemnification. 7.7 Elimination of Fiduciary Duties, The Manager shall have no fiduciary duties to the Connpany or to the Member other than the contractual obligation of good faith and fair deatiaag.IIlie Manager may compete with the business of the Company, Is not require(' to refrain front dealing with the Company iia the conduct OY winding rip of the Company's business as or on behalf of a party having an interest adverse to the Company, and is not obligated to account to the Company and bold as trustee any property, profit, or benefit derived by the Manager in the conduct or winding up of the Company's business or derived from the use by the Manager of property of the Company, including (without lin-dtation) an appropriation of an opportunity of the Company. 7.8 Qliicers. The Manager, or if none, the Member, may appoint such officers as are appropriate or necessary. officers so appointed shall have [lie authority ffi delegated to them by the person appointing such person as an officer. ARTICLE VIII. ADMINISTRATION 8.1 Books and Records. Izhe Manager shall peep or cause to be kept (a) true and complete information r4gardhig the status of the business and financial condition of the Company; (b) a. copy of this Agreement and the Articles of Organization and all amendments thereto; (c) copies of the Company's tax returns and reports, if any; and (d) any other informatioii regarding the afftairs of the Company as may be deterarained to be necessary by the Manager. 8.2 Financial) Stateaaaents. The Manager shall prepare or cause to be prepared financial statements as may be- necessary for the purposes of the Company or the Member. 8.3 }3ank Acco rats. I'lie Manager shall arrange for the CollF = to maintain bank accoulats in suCh baiills oa• i;lstitutions as the Manager fro121 tialae to time shall select, and such accounts shall. be drawn upon by checks signed by such person or persons, and ill such manner, as may be designated by the Manager, subject to ally restrictions or conditions established by the Manager or the Member. A.11. monies of the Company shall be deposited in the bank account or accounts of the Company, and shall not be coanmingled with .monies of the Member. 8.=1 Discal Year. 'l'he fiscal year cr#'ihe Company shall be the calendar year. IX. DISSOLUTION,O, AND TERMINATION 9.1 Events of Dissolution. The Company- shall be dissolved and its affairs wound up pursuant to this Agreement upon the first to occur of the following events ("Events of Dissolution").- a. issolution');a. the written consent of the Member to dissolution; b. the sale or other disposition of substantially al l of the assets of the Company (excluding a mortgage, pledge or encumbrance of such assets); C. the entry of a decree of judicial dissolution under the Colorado pct; or d. there being no Members unless, within 91 days after the termination of the membership of the last Member, the Assignees holding at least a Majority Interest in the Company have admitted at least one person as a Member. No other event shall constitute an Event. of Dissolution. 9.2 Liquidation, Upon the occurrence of an Event of I.aissolution, the Company's affairs shall be wound up by the Manager, or by such other person or persons required by law to wind up the Company's affairs. 9.2.1 The assets and properties of the Company shall be disposed of; and receivables collected, all in an orderly and businesslike manner. 9.2.2 The assets of the Cornpa.ny, including the proceeds of liquidation, shall be applied and distributed in the following order of.priority: a. to creditors, including the Member if a creditor, in satisfaction of liabitifes of the Company (whether by payment or the malting of reasonable provision for payment thereof), other than liabilities for which reasonable provision for payment has been made and liabilities for distributions to the Member pursuant to this Agreement.- and b. to the Member. 9.3 Provisions f.or Contingencies. The Company shall make reasonable Provision to pay all claims and obligations, including all contingent, conditional or unniatured claims and obligations, known to the Company and all claims and obligations which are known to the Company but for which the identity of the claimant is unknown. If there are sufficient assets, such claims and obligations shall be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available. any liquidating trustee (inctuding the Manager acting as liquidating trustee) winding up the Company's affairs who has ZZ,complied with this Agreement shall rzot be personally liable to the claimants of the dissolved Company by reason of such person's actions in winding up the Company. 9.4 Termination. Llpoia completion. of the winding up of the Company, the Manager or such other person or persons required by law to wind up the Company's affairs shall file articles of dissolution with the Colorado Secretary of State and take such other actions as may be necessary to terminate the Company. ARTICLE — DEATH, INCOMPETENCY, OR BANKRUPTCY Y O THE MEM13ER 10.1 No Dissolution. Neither the death, incompetency, or bankruptcy ofthe Member will cause the dissolution of the Company. If the Conipany has no Members because of the death, incompetency, bankruptcy, or withdrawal of the sole Member, the legal representative or successor of the Member may -exercise ail of the powers of ail assignee or transferee of a Member,and if there are. no Members, may (by vote of a. Majority of the outstanding interests) admit one or more Assignees as Members. 10.2 Death. `Fhe Member may dispose of his/her interest in the Company by will or the lav -is of descent and distribution. The Member's estate shall be immediately substituted as the sole Member of the Company upon the Member's death. The personal representative named by will or appointed by court will have all authority to act on behalf of the Member's estate. 10.3 Member Designation. A Member may designate, in writing, a beneficiary to receive such Member's interest'in the Company upon such Member's death.. The �,N,ritten designation shall be fully revocable by the Member and may be changed by subsequent writings froin ti_t e -to -time, in the sole discretion of the Member. Any beneficiary so designated shall be subject to all the terms of this Agreement: and shall receive the Member's interest in the Company sub?ject to any ptachase option, any buysell agreement, or any other agreement potentially affecting such interest. Such ben.eficiary shall be admitted as a. Tviember automatically upon the beneficiary accepting this Agreement in writing, without any further action of the Mtulager. 10.4 IncompetenU. If the Member is adjudged incompetent by any court with _jurisdiction over the matter, which judgment is not being appealed, the Member shall retain iris/her int=St jn the Cortlpany, blit the court-appointed guardian, cu,5tmliatt, or trustee will have all authority to act on behalf of the Member. 10.5 13aakruptc�. If the Member files a petition under the United States Bankruptcy Code, if creditors file a petition against such Member which the Member chooses not to contest in accordance with the Bankruptcy Code (or if contested, the court: finds for the creditors), or if a receiver is appointed for the Member's assets, the Member shall retain his/her interest in the Company, but the trustee or receiver appointed by the court will have all authority to act on behalf of the Member. A 2fIC"L,E X1. MISCELLANEOUS 12.1 Notices. Any notice which may be given in connection with the business of the Company or which is provided for in this Agreement shall be given in writing and maybe delivered personally or by facsimile transmission or nail. 12.2 A-mendznent and Waiver. No change, modification, waiver or amendment to this Agreement shall be valid unless the same is in kwiting and signed by the Member and the Company. 12.3 Admission of Additional Member. If not amended prior thereto by the sole Member, this Agreement shall be automatically amended upon the admission of an additional Member or holder of an economic interest in the Company to confori�t Article V (Tax Matters) to be consistent with the requirements of subchapter K of the Internal Revenue Code of 1986, as amended. 12.4 Governing Late. This Agreement shall be governed by the laws of the State of Colorado. The parties hereto have executed. this Operating Agreement as of the date first set forth above. COMPANY: Single -Member Serene Wellness Fraser, LLC, a Colorado limited Iiabllity coax aapy Its Sole Member: Daniel l Yaa�lz X01 �e lts ManaZD Darnel. Fra Ie olpe EXHIBIT A Capital Contributions As of July 6, 2012 This Exh-ibit shall be amended from time -to -time to reflect the issuance, transfer, or repurchase of Units, Capital contributions -krill be reflected on the books of the Cornpany. Member's Name : D'aniel Franmk Volpe Address: Box #331 Empire, CO 804-38 Social Security #: Membership Interest (#- Units): 100 Percentage Interest: 100% Economic Interest Holder who is not a Member -None Signature: 7:7 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO . ip I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Serene Wellness Fraser LLC is a Limited Liability Company formed or registered on 07/05/2012 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20121369466. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 07/22/2014 that have been posted, and by documents delivered to this office electronically through 07/23/2014 @ 16:15:56. 1 have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 07/23/2014 @ 16:15:56 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 8908954. Secretary of State of the State of Colorado of Certificate= Notice:.4 certificate issued electr'onicallfrom the Colorado Secretary of State's Web site is filly and intntediately valid and effective. Hotirever, as an option, the issuance and validity of a certificate obtained electronically may be estohlished Iry visiting the Certificate Coiffimation Palle of the Secretary of State's Web site, ]ilm'iii ni,"sos.stcate.co.us/biz/Certidca(ESearchCriieria.do entering the certificate's confrtttatimt number displgped on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necssaiT to the valid and e ective issuancf, aa cerci trate. For more h1forrnation, visit our Web site, http:1 ivwiv.sos.state. Co. ns/ Click Businessf Center mrd select "Frequently Asked QUHSIiartS. " CCRT GS D Revised 08/20/2008 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Serene Wellness Fraser LLC is a Limited Liability Company formed or registered on 07/05/2012 under the law of Colorado, has complied with all applicable recluirernenLs of this office, and is in good standing with this office. This entity has beenassigned entity identification number 20121369466. "i"his certificate reflects facts established or disclosed by documents delivered to this office on paper through 07/05/2012 that have been posted, and by documents delivered to this office electronically through 07/07/2012 @, 19:34:1.5. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 07/07/2012 L 19:34:15 pursuant to and in accordance with applicable lave" This certificate is assigned Con-6rination Number 8286750. Secrtt°lry of State of the State of Colorado k.r:ofCL'Itll-LC, NoJi('4' .},.fie{li%calt_t.S.CrmdRIC trl irn?lL�nl17tl7eCnln,Ylf/O Cbrr'G'trP,!'V(1rSf(1lFS�Pla.rileis,itlh+(nlrinnnled(rrPclt+l+nlr(?aitlle e('ti4'e, Ht74terB1 as an oplion, the is(rancer and italiditr nj a cer'l±fic'ale obtained electronieaUy mm he estahlished ht• vkifittg the C crtfficaM C,ogfrttnaiinrz fare of the S(.'L'i'Clal,l' 171.�lale'.5 T{Lb site, elitCrilkq- the c-arifficalG s enrlfil'17ra/loll number displayed on the cert Uicate, and,ftlllolltng the, i8strl.ICtio"S displc Tred,CO/I it rl11I 't, 7%)E I151(On Cf.' K?L7 CGr/IfICa1B i5 me l5 771fional f..td ly IIoP r)eeessgr to /fit, valid arrd ef�ecltr c, iss rnnre) rF> ti ic(rte. For lunre i11Jat-rrration, visit var YT eh arty ; . r . rlrck 13rrs rer,c �...t C t rater acrd s ch, cr "Frequently AAed OIMSlknrs. " CERT GS D Revised 1W 20;20(18 Document taut be tiled electronically. Paper documents will trot be accepted. Document processing fee Fees & forms/covet- sheets are subject to change. To access other inf:ormatioti or print copies of filed documents, visit and select Business Center. Colorado Secretary of Mate ' Date and Time: 07/05x`2012 02:39 PM ID Number: 20121.369466 $50.00 Document numbet-: 20121.369466 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursitatit to - t, and of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Serene Wellness Fraser LLC (77re name of a limited liahili y companv mat contain the (ernz or abbrevira(ian • limited llahility company "lid. liability compoav ", "limited liabllitty cr. ". "Itd. liahili(a Co.", "limited", "U'r. ", "hc•" or "llrf, See ,¢7-90-601, C.R.S.) (('arrBorr: 71te t(.ce ctJ certain torr::.c o+ ahbrevicttions are resiricterf h} tut+c Read insirttmons far more infhrnutlion.y 2. The principal office address of the limited liability company's initial principal office is Street address 255 Mill Ave (Scree( number and name) Llailitig address (leave blao k if sttwe as street address) Fraser (001) CO 80442_ _ (3'tate} — — 711'IPostal C'odv) (Practice--iftipplicahle) (Counfr;j Box #331 Empire (Sri-eer rarrrraher and name or Post Qfflcc Bay i)!fhr•mafian.) (Cul) CO 80438 ('State) (GIP/Pnstal Coder) United States (Province—r'fapplicahly) (Courdr19 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name Volpe (if in individual) OR Daniel Frank _ (Firs!) (.dliddie) (Sa(fixf (i fan entity) (� arrtfon: Do not provide, holh an individual and a)r name.) Street address 13 East Park Ave _ (Street unmher and name) Empire co 80438 ARTOR( 1.LC' Pagc 1 of3 Rei. 02i2s12009 Mailing address (leave blank if same as street address) Box #33 1 ME (Sh cei number anti name or Post Q%icee Box irttornurtion) (C'itt1) Co 80438 (.State) (LIP Code) ('I'Ite f ilio wing .slatemeni is adopted hr marking the hox.) VJ The person appointed as registered agent has consented to being so appointed. 4. The true name and mailing address of the person forming the limited liability company are Narnc (if an individual) N Volpe (last) (1f an entity) (C.ttilgall: L)o riot provide bath ant individual tit id an etitiG)n izanie.) Rr)Y i�'l'A I Mailing address Empire Daniel Frank (First,.) .._ T (�?irltUe) (St04) (Street number and mule or Post Qfjice Bay infor'nuttion) (06) (Province — if applicable) CO 80438 (Sta(e) (71PIPnsialCock) United States . (Itthefulloit,ingsictli,,)lent applies, adopt the statement b) nnnn'Icing the box and inchide an attachinerif) The limited liability eon)pany has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5_ The management of the limited liability company is vested in (Mdrk the applicahle hox,) one or more managers. OR ® the inenabers, G. (Tire fnllonding.clatemennt is ttdoiited hV "W"king the hoz.) 1 :...1 There is at least onemember ofthe limited liability co)npany. 7. ('/f the fiillnisnng statement applies, adopt the siatenrenN nr nnarking the hnx and inchide au attachnienl.) -rliis document contains additional information as provided by law. $. (Catttiott: L,t cave blame if the dorttntent does not have a delgred zsffeclive date. .Stating a dexlayed et}'�ctivc dale bets signijicant legal eonsequences. head inshntctiois 130bie entering a dale) (If the fullwwhigstatenzent applies, adopt the s&neaient by entering a date and, ?j'applicable, time using the ret)ttired fora+at.) The delayed effective date and, if applicable, time of this document is/are (mrri.tdr�!}=inns hnur-minrde nrnlpmJ ARTORC; LLC Page 2 of'3 Rev. 02/213.'2008 Notice - Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of pctjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for Filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R_S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are trite and the document complies with the.requirenrents of that part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual. is named in the document as one who has caused it to be delivered_ 9. 'The true nvrre and mailing address of the individual causing the document. to be delivered for tiling are Volpe Daniel Fran{ _ (Last) --- (]!irsU (tYliddle) —, (4t�jraJ Box #331 Empire 65trect number and amm or Past (lfce Bax in Urination) (City) (Province. - ;f applicaL le) _-^— CO 80438 (Stats) United States (C oulla y) (.11'JPastat Lrxlc') (ff thefallavving statement applies, adopt the statement hp marking the hay and mchu ` an auaclmteni.) [1 'Fhis document contains the true narne and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclainter: This iorrn/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minirnurn legal requirements as of its revision date, compliance with applicable law, as the sante may be amended From time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of= Rev. 02/28i2009 Colorado Commercial Lease Agreement This Commercial Lease Agreement ("Lease") is made and effective October, 1" 2013, by and between Daniel F Volpe/Lucky Fox Limited("Landlord") and Serene Wellness Fraser LLC("Tenant"). Landlord is the owner of land and improvements commonly known and numbered as 228 Byers Ave Fraser CO, 80442 and legally described as follows (the "Building"): Small Grey House Landlord makes available for lease a portion of the Property designated as 228 Byers (the "Leased Premises"). Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Term" beginning November 1, 2013 and ending October 31, 2014 Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. B. Tenant may renew the Lease for one extended term of one year. Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial Term. The renewal term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as provided in this Lease. 2. Rental, A. Tenant shall pay to Landlord during the Initial Term rental of $10,800 per year, payable in installments of $900 per month. Each installment payment shall be due in advance on the first day of each calendar month during the lease term to Landlord at 13 East Park Ave Empire CO 80438 or Box #331 Empire, CO 80438 or at such other place designated by written notice from Landlord or Tenant. The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. Tenant shall also pay to Landlord a "Security Deposit" in the amount of $0. B. The rental for any renewal lease term, if created as permitted under this Lease, shall be $11400 per year payable in installments of $950 per month. 3. Use Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. 4. Sublease and Assignment. Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed. 5. Repairs. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall rernain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. Initials 7. Propertv Taxes Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. 8. Insurance. A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. B. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises, C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Tenant shall obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expire at least (10) days prior to such expiration. Landlord shall not be required to maintain insurance against thefts within the Leased Premises or the Building. 9. Utilities. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Signs. Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any ,proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 11. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. Parking. {wring the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants of the Property, their guests and invitees, of the non -reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas within the Building or in reasonable proximity thereto, for Tenant and Tenant's agents and employees. Tenant shall provide Landlord with a list of all license numbers for the cars owned by Tenant, its agents and employees. Separated structured parking, if any, located about the Building is reserved for tenants of the Building who rent such parking spaces. Tenant hereby leases from Landlord parking spaces in such structural parking area, such spaces to be on a first come -first served basis. In consideration of the leasing to Tenant of such spaces, Tenant shall pay no additional monthly rental per space throughout the term of the Lease. Initials. -OV OV 13. Building Rules. Tenant will comply with the rules of the Building adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. The initial rules for the Building are attached hereto as Exhibit "A" and incorporated herein for all purposes. 14. Damage and Destruction. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions , inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 15. Default. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts' to mitigate its damages. 16. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 17. Condemnation If any legally, constituted authority condernns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 18. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building, and Tenant agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as Landlord may request. In the event that Tenant should fail to execute any instrument of subordination herein require d to be executed by Tenant promptly as requested, Tenant hereby irrevocably constitutes Landlord as its attorney-in-fact to execute such instrument in Tenant's name, place and stead, it being agreed that such power is one coupled with an interest. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord shall reasonably require. a^ Initials '( 19. Securitv Deposit. The Security Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Landlord's damages in case of default by Tenant. Unless otherwise provided by mandatory non-waivable law or regulation, Landlord may commingle the Security Deposit with Landlord's other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. If Tenant is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant. If Landlord transfers its interest in the Premises during the term of this Lease, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit, 20. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: Daniel Volpe/Lucky Fox Limited !Laiido dj Box #331 Empire, CO 80438 [Landlord's Addre=!�] If to Tenant to: Serene Wellness Fraser LLC [Tp na nt] 228 Byers Ave Fraser, CO 80442 [Tenant's Address] Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 21. Brokers. Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 22. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of . such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 23. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 24. Headinqs. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. Initials( ` l 25. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 26. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 27. Performance. If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lesser of twelve percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. 28. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 29. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 30. Governina Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Colorado IN WITNESSWRERE®Fr the parties have executed this Lease as of the day and year first above written. r loci frenantj Signature Plock Landlord authorization/acknowledgement (to be competed if the applicant is not the property owner) The undersigned, as the owner of the premises where the proposed retail marijuana business will be located, hereby joins in the foregoing acknowledgement and consent and agrees that the Town of Fraser shall not be liable in any manner should the premises be seized, forfeited or restricted -as a consequence of violation of any federal laws relating to controlled substances or ,.die to violation o y st er-lo al laws or regulations relating to retail marijuana operations. pert orized Signature: Date: ss. COUNTY OF -1-4c?4 11 Subscribed and sworn to (affirmed) before me this 2-.S—day of J � 20 / y By LJcl-12"Ie( LIa1 rte✓ otary Public My commission expires: [ S E A L ] RONALD DEAN KOHLER Notary Public State of Colorado m ON SuretyBonds .Com GUARANTEED PERFORMANCE, NATIONWIDE July 24, 2014 Serene Wellness Fraser LLC PoBox 331 Empire CO 80438 RE: M CO Retail Marijuana Daniel: I appreciate your trust in myself and SuretyBonds.com for all of your bonding needs! $5K CO Retail Marijuana 5185334 7/23/2015 YES The surety bond referenced above is signed, sealed, and enclosed with this letter. F111n ur Bond - Before filing your bond with the obligee you will need to do the following: Correctly sign as principal on the surety bond form. (see signature tags) Our Commitment To V u: SuretyBonds.com works with more than 25 of the nation's largest surety companies to ensure you receive the best pricing available for your bond. I will begin quoting any renewals for you as early as 90 days before your bond's expiration date. To ensure fast and accurate service, please notify us of any changes in: • ownership 5 email address • mailing/business address ® phone number With this information I can notify you of any changes in your bonding requirements and ensure you receive any future renewal notices without delay. As always, feel free to call me at (800) 308-4358 any time you have a question or need help with your current or future bonding needs. Sincerely, o Surety Bond Account Manager 3511 1-70 Drive SE - SUNW, 102 C0LU1\ADj;1\, 1'<l�? 0.;2n' P11011:? 9o0.3()0 ,t^F.g$ , 5I 3 "(":3 , (! I t VV V� ms's ' DR 8519 (09/19/13) COLORADO DEPARTMENT OF REVENUE MARIJUANA ENFORCEMENT DIVISION 455 Sherman Street, Suite 390 Denver, Co 80203 Name of Bonding Company SureTec Insurance Company Bond Number 5185334 KNOWALL PERSONS BY THESE PRESENTS: That we, Serene Wellness Fraser LLC Street Address 228 Byers Ave City Fraser , County of grand , State of Colorado, as Principal, and SureTec Insurance Company a surety company qualified and authorized to do surety business in the State of Colorado, as Surety, are held and firmly bound unto the State of Colorado to indemnify the State or local governmental entity for any loss suffered by reasons of violation of the conditions hereinafter contained in the penal sum of FIVE THOUSAND DOLLARS ($5,000.00), lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns jointly, severally, and firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal is applying for the issuance or renewal of a license issued pursuant to the Colorado Retail Marijuana Code, Article 43.4 of Title 12 of the Colorado Revised Statutes, which license or license renewal shall be valid, if not suspended or revoked, for a license period ending one year from the last day of the. month of issuance of the license or renewal; NOW, THEREFORE, if the Principal is granted a license by the State pursuant to Article 43.4 of Title 12 of the Colorado Revised Statutes, during the term of said license and any renewal thereof, the Principal shall report and pay all sales and use taxes due the State of Colorado, or due any other entity for which the State is the collector or collecting agent, in a timely manner as provided by law. IT IS FURTHER PROVIDED that the aggregate liability of the Surety for all breaches of the condition of this bond, regardless of the number of years this bond shall continue in force, the number of claims made against this bond, and the number of premiums which shall be payable or paid shall not exceed the amount of the bond. IT IS FURTHER PROVIDED that pursuant to Section 12-43.4-303(2), C.R.S., the Surety shall not be required to make payments to the State of Colorado claiming under this bond until a final determination of failure to pay taxes due to the State has been made by the State Licensing Authority or a court of competent jurisdiction. IT IS FURTHER PROVIDED that the Surety shall have the right to cancel this bond for any reason authorized by statute by filing forty- five (45) days' written notice of such cancellation with the Principal and with the State Licensing Authority. If cancellation is based upon nonpayment of premium, this bond may be cancelled by the Surety upon ten (10) days' written notice to the Principal and the State Licensing Authority. THIS OBLIGATION may be continued from year to year by the issuance by the Surety of a the State Licensing Au(bority-purs ant to Section j243,4-303(3), C.R.S. Dated this 24th day of d 'y,-- 4 For the Principal: _`� s " PDr the Surety: 'er-Gn,a C></ellness Fraser LLC ua 1 ACKNOWLEDGMENT OF SMETY STATE OF r0L2i 'Y Missouri COUNTY OF Boone 1 SS certificate deiivered to On this 24thday of July 2024, before me, a notary public in and for the above State, personally appeared Luana Fiords to me personally known and being by me duly sworn, did say that he or she is an authorized corporate officer or the Attorney -in -Fact of SureTec Insurance Company a corporation duly organized and existing under the laws of the State of Colorado, or authorized to do business therein, and that he or she as such officer executed the foregoing instrument for the purposes herein contained on behalf of said corporation, and further acknowledged that the instrument was executed as the free act and deed of said corporation. IN WITNESS WHEREOF, I hereunto set my name and affixed my official seal on t -d r wntt ove. PATSCHOLL Notary Public, Notary Seal State of Missouri (S Et�AcLc�ne County c Noiynry Public, Stat Missouri Commission # 12290120 My Commission Expires January 08, 2016 /MY commission expires: 01/31/2015 POA #: 5185334 SureTec Insurance Company LIMITED POWER OF ' Know All Men by Thew Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Luana Fields its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Serene Wellness Fraser LLC Obligee: Colorado Dept of Revenue, Marijuana Enforcement Division Amount: $ 5,000.00 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st day of March, A.D. 2013. SURETEC RAN OMPANY w : w F n John ox , resident rc� ra;2 State of'Texas ss: tp County of Harris ••--•� '^$nurtunn mipnw"a On this 21 st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which cmecuted the al:ove instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO Notary Public State of Texas 9 OFZ Py My Comm. Exp. 5118!2017 acquelyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the .Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 24th day of JWV 2014 , A.D. Brent Beaty, Assistant S ,cretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power yogi may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. DR 8519 (09/19113) COLORADO DEPARTMENT OF REVENUE MARIJUANA ENFORCEMENT DIVISION 455 Sherman Street, Suite 390 Denver, Co 80203 i Name of Bonding Company SureTec Insurance Company Bond Number 5185334 KNOWALL PERSONS BY THESE PRESENTS: That we, Serene Wellness Fraser LLC Street Address 228 Byers Ave City Fraser County of errand - State of Colorado, as Principal, and SureTec Insurance Company . a surety company qualified and authorized to do surety business in the State of Colorado, as Surety, are held and firmly bound unto the State of Colorado to indemnify the State or local governmental entity for any loss suffered by reasons of violation of the conditions hereinafter contained in the penal sum of FIVE THOUSAND DOLLARS ($5,000.00), lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns jointly, severally, and firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal is issued pursuant to the Colorado Retail Marijuana Code, Article 43.4 of Title 12 of license renewal shall be valid, if not suspended or revoked, for a license period ei issuance of the license or renewal; NOW, THEREFORE, if the Principal is granted a license by the State Statutes, during the tern of said license and any renewal thereof, the f State of Colorado, or due any other entity for which the State is the CPO IT IS FURTHER PROVIDED that the aggregate liability of the G v° for all number of years this bond shall continue in force, the number" aims mid shall be payable or paid shall not exceed the amount of the bon IT IS FURTHER PROVIDED that pursuant to Sect the State of Colorado claiming under this bond un ' rnai de on State Licensing Authority or a court of campeten ; sdicflon. IT IS FURTHER PROVIDED that the Surety shall five (45) days' written notice of such can anon nonpayment of premium, this bond a k nce Licensing Authority. THIS OBLIGATION may be con ed from yeartc the State Licensing Authority t to Section 1 Dated this 24th day of ", til'" For, the Principe l'r-Z _ . STATE OF99TUTAW Missouri for the issuance or renewal of a license rado Revised Statutes, which license or s year from the last day of the month of of Title 12 of the Colorado Revised pay all sales and use taxes due the �a timely manner as provided by law of the condition of this bond, regardless of the this bond, and the number of premiums which , the Surety shall not be required to make payments to ire to pay taxes due to the State has been made by the the right toI this bond for any reason authorized by statute by filing forty - Principal with the State Licensing Authority. If cancellation is based upon the $ upon ten (10) days' written notice to the Principal and the State r by the issuance by the Surety of a proper i nation certificate delivered to .4-303(3), C.R.S. 2014 For the Surety: ACKNOWLEDGMENT OF S COUNTY OF Boone 1 SS. On this 24thday of JulY 20 A, before me, a notary public in and for the above State, personally appeared Luan.a FleTds to me personally known and being by me duly swom, did say that he or she is an authorized corporate officer or the Attomey-in-Fact of sureTec Insurance company a corporation duly organized and existing under the laws of the State of Colorado, or authorized to do business therein, and that he or she as such officer executed the foregoing instrument for the purposes herein contained on behalf of said corporation, and further acknowledged that the instrument was executed as the free act and deed of said corporation. IN WITNESS WHEREOF, I hereunto set my name and affixed my official seal My Commission Expires January 08, 2016 y commission expires: 01/31/2015 PATRICK SCHOLL r - Notary Public, Notary Seal e State of Missouri (S E04�ne County Not Public, ; Commission # 12290120 My Commission Expires January 08, 2016 y commission expires: 01/31/2015 POA H: 5185334 SureTee Insurance Company LIMITED POWER OF ATTORNEY Amon, AM Men by Ries--. Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Luana Fields its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Serene Wellness Fraser LLC Obligee: Colorado Dept of Revenue, Marijuana Enforcement Division Amount: S 5,000.00 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made .under and by authority of the following res ons of the Board of Directors of the SureTec Insurance. Company: Be it Resolved, that the President, any Vice-president, any Assistant Vice -President: ~ : y Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more sui le Pers as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subipet to the following provisions: Attorney -in -Fact may be given full power and authority for and in a~of an `ti of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements o s and other c 'onal or obligatory undertakings and any and all notices and documents canceling or terminating the Compan lzabihty ereunder, an y such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if A y the Pr bnt and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer anc( of mpany heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of ati certificate bearing facsimile signature or facsimile seal sball be valid and binding upon the Company with respect to any ert to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE CO ANY has to be hereto affixed this 21st day of March, A.D. 20 State of Texas ss: County of Harris these presents to be signed by its President, and its corporate seal SUR ETEC I ij. RAN OMP,ANY . By: John nax ., resident On this 21st day of March, A.D. 2013 before me pe`ly came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN MALDONADO NotaryPublic State of Texas My Comm. Exp.511812017 acquelyn Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in fu11 force and effect. Given under my hand and the seal of said Company at Houston, Texas this 24th day of J 2014 A.D. 4 . Brent Beaty, Assistant S cretary Any Instrument issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CR 0100 1242 A COLORA &ODE11P IRTMENT OF REVENUE COLORADO SALES TAX 1375SHERMAN STREET DENVER CO 80261-0013 WITHHOLDING ACCOUNT APPLICATION F Departmental Use Only REASON FOR FILING THIS APPLICATION- REQUIRED at Application El Change of Ownership,13 Additional Location JUL 2 2 2014 Account Do you have a Department of Revenue Account Number? DYes EIN'o IFYes, Account #- IndicateOrganization. * I 2. Indicate Type of Organization. If you are not an individual you must have a FEIN number. ca te Type 0 'j Individual due' E, Limited Liability 0 Individual El Limited Liability Company (LLC) El CorporationPS'Corp. El Government El General Partnership EEI Limited Liability Partnership (LLP) El Association OJointVenture Limited Partnership El U - mited Liability limited Pa nership �LLLP) El Estate/Trust El Non-profit (charitable) ob Ia. Taxpayer Name (Owner, Partners or Corporate Name) (Last, First, Middle) 11b. Proof of Identification (Requirements -see page 2) Tia am I ing Bust s f applicable, ........ ...... 2. Trade Name/Doing Business As (If applicable, and for informational purposes only) d) 2c. Social Security Number 3a. Principal Address (A Colorado address is required if a location in the state) City State ZIP Code v 3b. County 3c. If business is within limits of a city, what city? 3d. Telephone J t. 4a. Name (Last, First, RENT)- 4b. Telephone 4c. Mailing Address City State ZIP Code 2 5. List specific products (you must list the products you sell) and/or services you provide and EXPLAIN' IN DETAIL (See page 2, section 85 for additional space) Do you sell motor vehicle tires? Ej Yes El No Is your business in a special taxing district? El Yes El No Do you rent out items for 30 days or less? El Yes Ej No Do you sell alcohol? 0 Yes El No Do you rent motor vehicles for less than 45 days? El Yes El No Do you sell Prepaid Wireless? El Yes E]No Do you sell tobacco products? 1:1 Yes E]No 6a. Owner/Partner/Corip. Officer (Last, First, Middle) 6b. TRIP,., 6c. FEIN 6QQKI City 6e. Telephone State ZIP Code 6f. Address (Residence, P.O. Box, or Street) 7a. OwnerfflartnedCorp. Officer (Last, Firs[, Middle) 7b. Title 7c. FEIN 7d. SSN 7e. Telephone 7f. Address (Residence, P.O. Box, or Street) City State ZIP Code Sa. Prior Taxpayer Name Date ofAcQuisition--- 8c. Address City, State ZIP CodeMo - Mo (0020- State Sales Tax Seasonal, mark El Jan. El Mar. El May El July El Sept. MEI o . IDApril 10 1 8JO) Deposit (355) $ 1 ;h business month El Feb. June El Aug. 0 Oct. EJ Dec. 12a. Filing Frequency: If sales tax collected is: 1 2b. First Day of Sales (Mo/DayNr) MO 12 (0080- Sales Tax 1 0 $15.00/month or less -Annually Yr Yr 750) License (999) 0 Under $300/month-Quarterly i Revenue Renig Mo mo '/ (0100- ,Q $300/month or more -Monthly Yr Wholesale 12Y, 750) License (999) El Wholesale only -Annually Mo Mo (1000- - Wage W2 3. Indicate which applies to you: El Retail -Sales 1:1 Wholesaler El Charitable El Retailers -Use Yr 750) Withholding (999) 2. W2 Yr - 0.00 $ 1. Filing Frequency: If wage withholding amount is W2 Mo (1020- 1099 E]Wthholding El $1-$6,999fYear-Quarterly El $50,000+N 1099 r ear -Weekly El Yr % 750) Withholding (999) 0.00 $7,000-$49,999Near-Monthly Must file by Electronic Funds Transfer (EFT) ❑ El Withholding Mo ,, ( Charitable 0160- 2, Filing Frequency: If withholding amount is 1099 Yr �VYJ 2. Oil/Gas % 750) License (999) El $1-$6,999/Year-Quarterly El $50,000+Near-Weekly El Withholding El TOTAL $7,000-$49,999/Year-Month/ y Must file by Electronic Funds Transfer (EFT) MAKE CHECKS PAYABLE TO: $ .00 3a. First Day of Payroll, if applicable (Mo/DayNr) 3b. Payroll Records Telephone ji Colorado Department of Revenue, 1375 Sherman St., Denver, CO 80261-0009 declare Linder penalty, of perjury in the second degree that the statements made in this application are true and complete to the best of my knowledge. SIGNATURE of Owner;Pai[nerorCorpor I Officer . Title Dae I uorninue on revrnse stae or rnis page: bee page z ror Heturn check Policy) TOWN OF FRASER RETAIL MARIJUANA LICENSING AUTHORITY Follow-up findings and report for application of a Retail Marijuana Center License. Owner Name and Address: Serene Wellness Fraser, LLC, P.O. Box 331 Empire, CO 80438 Establishment Name and Address: Serene Wellness, 228 Byers, Fraser, CO 80442 TO THE ABOVE APPLICANT AND OTHER INTERESTED PARTIES; Pursuant to Colorado Revised Statutes, 12-43.4-301, the applicant is hereby advised that with regard to the application for a Retail Marijuana Center License, an investigation has been made, and based on the results thereof, the following has been determined: 1. That the application was filed on July 29, 2014 in the Town Clerk’s office and a public hearing has been scheduled for Wednesday October 15, 2014. In accordance with C.R.S. 12-43.4-302(1) the Town must hold the application for not less than 30 days; this hearing date represents 50 days. 2. This location will be a dual Medical/Retail Marijuana Center license as opposed to a transfer of an existing license. 3. That the Notice of Public Hearing on this matter was posted on the premises on Thursday, October 2, 2014 at least 10 days prior to the hearing, and that the publication of the hearing was published in a newspaper of general circulation on September 24, 2014 at least 10 days prior to the Public Hearing. 4. It appears from the evidence submitted that the applicant will be entitled to possession of the premises where the license is proposed to be exercised. 5. It is confirmed that the sale of retail marijuana on the premises is not a violation of the applicable zoning or other regulations of the Town of Fraser. 6. The proposed location to be licensed does not appear to be within one thousand feet of any educational institution or school, either public or private, within five hundred feet of any existing Medical or Retail Marijuana Business, whether such business is located within or outside of the Town, or within two hundred feet of any existing licensed child care facility. 7. There are no other licensed medical/retail marijuana centers, optional premises cultivation operations, or medical/retail marijuana-infused products manufacturers located in or near the premises under consideration. 8. That Fraser/Winter Park Police Chief Trainor has conducted a background investigation on Daniel F. Volpe, the owner of Serene Wellness, Fraser, LLC. He has found no information that would indicate the license should not be approved, subject to final approval pending receipt of CBI/FBI reports. 9. The Town of Fraser and Serene Wellness LLC have received a Retail Marijuana License from the State of Colorado, contingent upon approval of the Local Licensing Authority. The public hearing on this application will be held on Wednesday, October 15, 2014 at 7:00 p.m. in the Fraser Town Hall, 153 Fraser Avenue, Fraser CO. At said hearing, the applicant shall have an opportunity to be heard regarding all matters related to this application, including all matters set forth herein. The applicant is advised and encouraged to read a copy of the State of Colorado Retail Marijuana Code and Regulations. Town of Fraser Retail Marijuana Licensing Authority BY: Fraser Town Clerk nd ______________ Dated this 2 day of October, 2014. Lu Berger TOWN OF FRASER RESOLUTION NO. 2014-10-02 A RESOLUTION OF THE FRASER BOARD OF TRUSTEES, ACTING AS THE LOCAL RETAIL MARIJUANA LICENSING AUTHORITY FOR THE TOWN OF FRASER, APPROVING THE APPLICATION OF SERENE WELLNESS FRASER LLC, FOR A RETAIL MARIJUANA CENTER LICENSE FOR THE PREMISES AT 228 BYERS AVENUE, FRASER, COLORADO. WHEREAS, Serene Wellness Fraser LLC (the "Applicant") filed an application with the Town of Fraser for a retail marijuana center license for the premises located at 228 Byers Avenue, Fraser, Colorado; and WHEREAS, a public hearing on said application was held on October 15, 2014, following due and proper notice, in accordance with the Colorado Retail Marijuana Code, C.R.S. 12-43.4-101 , and the provisions of Chapter 6, Article 6 of the Fraser Municipal et seq Codeand ; WHEREAS, the Board of Trustees, as the local retail marijuana licensing authority, has carefully considered said application and the evidence presented at the hearing, and hereby enters the following decision regarding the application. THE BOARD OF TRUSTEES MAKES THE FOLLOWING FINDINGS: The Applicant has submitted evidence that it is or will be entitled to possession of 1. thepremise where the license is proposed to be exercised. The premise is properly zoned for the activity which will occur therein, and the 2. premise is not located within any distance restrictions for separation of licensed premise from any school, existing licensed day care facility, or existing licensed Retail Marijuana Business, as established in the Fraser Municipal Code. The Applicant has demonstrated by a preponderance of the evidence that all other 3. applicable requirements of the Colorado Retail Marijuana Code and the Fraser Municipal Code for the issuance of a retail marijuana center license have been satisfied or will be satisfied when such license is issued. BASED UPON THESE FINDINGS, THE BOARD OF TRUSTEES, AS THE LOCAL LICENSING AUTHORITY, HEREBY ORDERS that the application of Serene Wellness Fraser LLC, for a retail marijuana center license for the premises located at 228 Byers Avenue, Fraser, Colorado, is hereby APPROVED, subject to the following conditions, which must be satisfied by the Applicant within six (6) months from the date hereof or said approval shall lapse: a.Compliance with all applicable state requirements. b. Satisfactory completion of any and all alterations and improvements to the licensed premise required to comply with the Fraser building and development codes, and state and local retail marijuana regulations; and c. Payment of all license and other applicable fees. th AND ADOPTED THIS 15 DAY OF OCTOBER, 2014. DULY MOVED, SECONDED, TOWN OF FRASER BOARD OF TRUSTEES, ACTING AS THE LOCAL RETAIL MARIJUANA LICENSING AUTHORITY BY: Peggy Smith, Mayor ATTEST: Lu Berger, Town Clerk CERTIFICATE OF SERVICE I hereby certify that I served the above and foregoing Resolution and decision of the Local Licensing Authority upon the Applicant named therein by mailing the same by th certified mail, postage prepaid, this 16 day of October, 2014, addressed as follows: Serene Wellness Fraser LLC P.O. Box 331 Empire, CO 80438 Lu Berger, Town Clerk - 2 - MEMO TO: Mayor Smith and the Board of Trustees FROM: Catherine Trotter, AICP, Town Planner DATE: October 15, 2014 SUBJECT: Cogswell easement vacation Continued Public Hearing MATTER BEFORE BOARD: We are in receipt of an application for an easement vacation from Gary and Bonnie Cogswell, owners of Lot 56, East Mountain Filing 1 (EMF1) in Rendezvous, 786 Cozens Ridge. There is an existing access, utility and snow storage easement on their lot which also accommodates an emergency turn-around. The recorded easement is in the packet. See page 10 of 14 of the document (Reception # 2003-000789) to view the exhibit of the legal description of the easement on Lot 56. The owners would like to vacate the existing easement and relocate the easement to the northeast corner of the lot, in order to accommodate a new home. ACTION REQUESTED: The easement vacation review procedure is detailed in Section 17-3-50 of the Fraser Town Code at http://www.colocode.com/fraser/fraserpdf/fraser_17.pdf. The applicant is requesting that the Board approve this easement vacation request and allow them to relocate the easement on the northeast corner of Lot 56. BACKGROUND: We have included some of the same application documents that were included in the 9/3/14 packet. There is also (Reception # 2001-002997) that is located adjacent to the ROW. This easement will remain. The turnaround has been constructed and will be paved in spring 2015. Surety has been provided to ensure pavement completion. Survey work for relocated easement to be completed prior to 10/15/2014 Town Board meeting. ALTERNATIVES: e Board shall consider the vacation petition and review an ordinance vacating the easement at a public hearing and either approve, approve with conditions or deny the vacation petition within thirty days after the commencement of such a hearing. provided written confirmation that he is in agreement to postpone action on this vacation petition beyond thirty days RECOMMENDATION: Staff is recommending that the Board approve the vacation petition. Included in the packet is Ordinance No. 422 authorizing the vacation of portions of certain public easements on Lot 56, EMF1, a quitclaim deed (Exhibit A to ordinance) transferring the property to Gary C. and Bonnie L. Justis-Cogswell, and an easement deed (Exhibit B to ordinance) for the relocated easement. ƚǞƓ ƚŅ CƩğƭĻƩ th .ƚǣ ЌАЉͲ CƩğƭĻƩͲ /h БЉЍЍЋ ƚŅŅźĭĻ ВАЉΏАЋЏΏЎЍВЊ Ņğǣ ВАЉΏАЋЏΏЎЎЊБ ǞǞǞ͵ŅƩğƭĻƩĭƚƌƚƩğķƚ͵ĭƚƒ Exhibit B Dear Fraser Board of Trustees, We, Gary and Bonnie Cogswell, owners of lot 56 located in Rendezvous at 786 Cozens Ridge Road, would like to have the existing 40.72' x 62.11' Access, Utility & Snow Storage Easement vacated from the southeast corner of our property adjacent to Cozens Ridge Rd. so we can best position our new residence appropriately on the lot without encroachment or drainage issues created by the existing easement. We are proposing to move the existing Easement to the Northwest corner of our property, also adjacent to Cozens Ridge Rd. We have spoken with Terry Stanford and Rendezvous is supportive of the relocation request. Included and attached to this application, please see the existing easement Exhibit A pages 5 & 6, The Lot 56 East Mountain - Filing 1 Topo Survey of the lot, the proposed Cogswell Residence Site Plan showing the house, the existing Easement and the proposed relocated Easement once moved to the northeast corner of the Lot, also adjacent to Cozens Ridge Rd. 1111111 Jill 1111111111111111111111111111 Ili 11111 Jill 1111 2003-000789 01/16/2003 03:12P ERS SARA L ROSENE 1 of 14 R 71.00 D 0.00 GRAND COUNTY CLERK EASEMENT AGREEMENT 524434,2 THIS EASEMENT AGREEMENT (the "Agreement") is made and entered into as of the day of /ln V,?,��.' 2002, by and between RENDEZVOUS COLORADO, LLC, a Colorado limited liability company ?W ("Grantor"), and the TOWN OF FRASER, a municipal corporation of the State of Colorado (the "Town"). m p, RECITALS: f4_1= A. Grantor is the owner of the real property located in the Town over which .-a .r (- a :�^ Grantor desires to grant to the Town of Fraser certain non-exclusive easements for a i the benefit of the Town as set forth herein. ojv �Iul°l B. Grantor desires to establish on the property, legally described on Exhibit A attached hereto and made a part of this Agreement (referred to herein as the "Easement Parcel"), an access, utility, drainage and snow storage easement, in o = accordance with the terms of this Agreement. i C. The Access Easement, Utility Easement, Drainage Easement and Snow t. Storage Easement, as defined below, are referred to herein collectively as the Easements." { s NOW, THEREFORE, in consideration of the foregoing and the covenants 4. and agreements hereinafter set forth and for other good and valuable 0'': consideration, the receipt and sufficiency of which is hereby acknowledged, the a parties hereby agree as follows: <. {'-';•3 1. Grantor does hereby , g tbar a sell and cone to the Town a y non-exclusive easement over the Easement Parcel for the purpose of a turn ' `) around easement for use b emergency vehicles from abutting rights- Y g Y ung public ri hts- :� of-way of -way (the "Access Easement"). The rights of the Town shall be as to v surface uses only. Grantor hereby agrees that within the boundaries of the Or4I- QxC Easement Parcel, it shall not substantially interfere with or inhibit the Town's WHz ability to utilize the Access Easement being granted herein in a safe and &.wO convenient manner for its intended purposes. 2. Grantor does hereby grant, bargain, sell, and convey to the Town a y,o© non-exclusive easement under and across the Easement Parcel for the Town, Axa its successors and assigns, for the purpose of utilities (the "Utility Easement"). mW Town may construct, operate, maintain, repair and replace underground utility 4z% lines and all fixtures and devices, used or useful in the operation of said Iines c --Q 4 together with the right to enter upon said premises, to survey, construct, maintain, operate, repair, replace, control and use said utility lines and related fixtures and devices, and to remove objects interfering therewith, including 524434,2 11111111i11MIN 111111 IN 11111111111111111111111 IN 2003-000789 01/16/2003 03:12P EAS SARA L ROSENE 2 of 14 R 71.00 D 0.00 GRAND COUNTY CLERK the trimming of trees and bushes. The work of installing and maintaining said lines and related fixtures and devices shall be done with care and the surface along the Utility Easement and shall be restored substantially to its original r' level and condition. Nothing contained herein shall obligate the Town to install any such utility lines or facilities or otherwise provide for any such use. M <L 0 Grantor hereby l, i � � p y agrees that within the boundaries of the Easement Parcel, t �a shall not substantially interfere with or inhibit the Town's ability to utilize the Easement being granted herein in a safe and convenient manner for its ~a Zk, intended purposes. r400 3. Grantor does hereby grant, bargain, sell, and convey to the Town a non-exclusive easement over the Easement Parcel for the purpose of storm { drainage (the "Drainage Easement"). The purpose of the Easement shall be to provide for storm drainage and for installation, construction, operation, maintenance, repair and replacement of gutters, culverts, underground lines, A and other facilities for storm drainage purposes. Grantor hereby agrees that G_ within the boundaries of the Easement Parcel, it shall not substantially interfere with or inhibit the Town's ability to utilize the Drainage Easement being granted herein in a safe and convenient manner for its intended purposes. 4. Grantor does hereby grant, bargain, sell, and convey to the Town a i non-exclusive easement over the Easement Parcel for the purpose of snow a storage (the "Snow Storage Easement"). The purpose of the Snow Storage Easement shall be to provide for snow storage for the Town from abutting -a public rights-of-way. The rights of the Town shall be as to surface uses only. Grantor hereby agrees that within the boundaries of the Easement Parcel, it shall not substantially interfere with or inhibit the Town's ability to utilize the r1 w Snow Storage Easement being granted herein in a safe and convenient manner Q u for its intended purposes. J: z �: Q 5. Grantor reserves the right to grant further easement interests in the A &- ,>v Easement Parcel to other grantees so long as such interest does not adversely Q o O affect the use of the .Easement Parcel by the Town as described herein. Oxo 6. The Town shall have and exercise the right of ingress and egress m E-� w over, through and across the Easement Parcel for any purpose reasonably wz14 necessary for the operation and maintenance of the Easements. The Town xQ 0 further agrees that it shall not make any material changes in the grades or elevation of the Easement Parcel. 7. Grantor reserves the right to use and occupy the Easement Parcel for any and all purposes consistent with the rights and privileges granted herein. 524434.2 r i r 1111111 IIII 111111111111111111111111111111111111 IIII 1111 2003-000789 01/16/2003 03:12P EAS SARA L ROSENE 3 of 14 R 71.00 D 0.00 GRAND COUNTY CLERK 8. Grantor warrants that it has full right and lawful authority to make the grant herein described, and promises and agrees to defend the Town in the exercise of its rights hereunder against any defect in its title to the land involved or its right to make the grant herein described, subject to all easements, restrictions, and rights of way of record. 9. Each and every one of the benefits and burdens of these Easements shall inure to and be binding upon the Town and its successors and assigns and upon the representatives, heirs, executors, administrators, successors and assigns of Grantor. Wherever the term Grantor is used herein it shall mean Grantor and/or Grantor's successors and assigns. The burdens and benefits hereof shall run with the Easement Parcel and any person or entity that acquires any interest in the Easement Parcel as described herein shall be bound by the burdens and entitled to the benefits hereof. IN WITNESS WHEREOF, the parties by and through their duly authorized representatives have executed this Easement Agreement on the date first above written. GRANTOR: RENDEZVOUS COLORADO, LLC, a Colorado limited liability company Mark Mitchell, General 11/Ianager �� TOWN: TOWN OF FRASER, a municipal corporation of the State of Colorado By:-�vvn Title:,—/� A�O P --- 524434,2 ATTEST: Title: C-4-� 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111lita 7 4 of 14 R GRAND EA 2003-000785 01/16/2003 03:12P SARA L ROSENE 1.00 D O.Oo ND COUNTY CLERK STATE OF COLORADO ) )ss. COUNTY OF, The foregoing instrument was acknowledged before me this RA day of Alam-, 2002, by Mark Mitchell, as General Manager on behalf of Rende,4ous Colorado, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission e fres: MARY KAY WRAY NOTARY PUBLIC STATE OF COLORADO . , I My Commission Expires 04111/2006 STATE OF COLORADO ss. COUNTY OF The foregoing instrument was acknowledged before me this QZ&day of 2002, by Dennis K. Soles, as Mayor of the Town of Fraser, a municipal corporation of the State of Colorado. 524434.2 WITNESS my hand and official seal MY commission expires: CH` , CH7, Notav/Public- �w FU ,yam W )�H 70o� NOS �HW 7-4x J �yF. 00 tUE' aoz W E -O ? A U) nx0 k- a E { 3p moa 1111111 IIII 1111111111111111111111111111 III IIII11111 IIII 2003-000789 01/16/2003 03;12P EAS SARA L ROSENE 5 of 14 R 71.00 D 0.00 GRAND COUNTY CLERK EXHIBIT A Page 1 of 10 Pages LEGAL DESCRIPTION FOR ACCESS, UTILITY, DRAINAGE & SNOW STORAGE EASEMENT LEGAL DESCRIP710N A PARCEL OF LAND BUNG A PART OF LOT 31, EAST MOUNTAIN FIL MG 1, AS RECORDED AT THE GRAND COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO. 2001-002997, LOCATED N 7HE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 61H PRINCIPAL MERIDIAN, TOWN OF FRASER. COUNTY OF GRAND. STATE OF COLORADO, BEING MORE PARTHCUH.ARLY DESCRIBED AS FOLLOWS. COLVADIC ING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 28 AND CONSIDERING THE SOUTH LIE OF SAID NORIHEAST QUARTER OF SECTION 28 TO BEAR SOUTH 8979'25' WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE 7HERETO; THENCE NORTH 4778'24' WEST A DISTANCE OF 1582.28 FEET TO A PONT ON TME SOUTiEASTE%Y CM40 OF LOT 31 AS DEDICATED BY MD EAST MOUNTAIN MMG 1, SAID POINT ALSO BONG ON THE WESTERLY R04T-4W-WAY OF OOZEWS WGE- AS DEDICATED BY SAID EAST MOUNTAIN FILING 1. SAID PONT ALSO BEING THE PONT OF 80004 /Q; THENCE ALONG 714E SOUTHERN UNE OF SAID LOT 31 SOUTH 5519'19` WEST A DISTANCE OF 36.00 FEET; THE?iCE NORTH 35"36'44' WEST A DISTANCE OF 40.41 FEET; OF �ENOR� 7SI6" EAST A DISTANCE OF 36.00 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY POINT WESTERLY RIGHT-OF-WAY SOUTH 35'36'44" EAST A DISTANCE OF 50.00 FEET 7D THE OF sec"A40; SAID PARCEL CONTAINS 1,789 SQUARE FEET, MORE OR LESS. I, THOMAS D. STAAB. A SUR1 DO HEREBY CERTIFY THAT THH BY ME OR UNDER MY DIRECT THOMAS D. STAAB, P.L.S. 25985 FOR AND ON BEHALF OF CARROLL k DATE Carroll & LangeEu ho•.aiwr� 8vwm" a LAW wwyom " Ms«An UMW eoo siw.. sone 156 I.Mwwood. Ueo228 (303) 080- r" w"kvm r31X SLEET 1 OF 34 P+IXPARM 45/10/W O U a,.5( QUE �0 0..F 00r.2 <a� WZM USF Qx0 co& -z :0S 0= m E-4 W7� xac 1111111 IN 11111111111111111111111111111111111111111111 2003-000789 01/16/2003 03:12P ERS SARA L ROSENE 6 of 14 R 71.00 D 0.00 GRAND COUNTY CLERK EXHIBIT A Page 2 of 10 Pages EXHIBIT FOR ACCESS, UTILITY DRAINAGE & SNOW STORAGE EASEMENT al L4 A9 Vs L". t3 LOT x EAST MOUNTAIN Xw mftC r SHEET 2 OF 2 of 1.780 &F.* \ C04 ACA \ �A -- Q, v+ � PONT OF BEGINNING (R£C NO. 2001-00299x)`\ \ X9,4 \ \ \ 10' vrrurr & SNOW SrORACE £.4SEA/£NT \ J CAST AAGIlNrA1N fX ING r (RIEC. NO. 2001-002997)32 \ C 1/4 CWR £AST O LiA00W rAA'V \ s� S£CROV 28 fX#VG 1 POINT OF USY,YO BRASS CAP (ALM NO. 2001-002997) COMMENCEMENT 28 21 2r S89:19?5"W 2604,07' \ 27 28 28 — s0lGlri! LAVE; NORrN£Asr OVART£R \ \ 28 27 0VAR1£R SW 28 8A51S OF B£ARrNGS \ I 1/4 S£CTIGW 28 USGY 0 8RASS CAP 1 Denotes Change of Direction Only This exhibit SCALE: I" = 20' " Carroll & Lange does not represent a monumented survey, It " Pm%zS woi sswas�ayos is intended only to depict the attached legal '165SQUth''tl°o,ef,tl eorae,sc description, (303) 980-0200 P'\2028\EAy1S\wwe-hrw.(WT3fj SNMT 2 or 2 pmmmm asnwar. 111111111111111111111111 ILII 11111111111111 VIII 11111111 2003-000788 01/16/2003 03:12P ERS SARA L ROSENE 7 of 14 R 71.00 D 0.00 GRAND COUNTY CLERK EXHIBIT A Page 3 of 10 Pages LEGAL DESCRIPTION FOR ACCESS, UTILITY, DRAINAGE & SNOW STORAGE EASEMENT SHEET 1 OF 2 LEGAL DESCRIPTION A PARCEL OF LAND BEING A PART OF LOT 53, EAST MOUNTAIN FILING 1, AS RECORDED AT THE GRAND COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO. 2001-002997, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE STH PRINCIPAL MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 28 AND CONSIDERING THE NORTH UNE OF SAID NORTHEAST QUARTER OF SECTION 28 TO BEAR NORTH 89'17'13" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 67'02'32' EAST A DISTANCE OF 998.10 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT—OF—WAY OF COZEN'S RIDGE, AS DEDICATED BY SAID EAST MOUNTAIN FILING 1, SAID POINT ALSO BEING THE MOST NORTHERLY CORNER OF SAID LOT 53, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHWESTERLY RIGHT—OF—WAY ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 18'39'22", A RADIUS OF 180.00 FEET, A CHORD BEARING OF SOUTH 45'47'50" EAST, AND AN ARC LENGTH OF 58.61 FEET THENCE SOUTH 4532'50' WEST A DISTANCE OF 36.44 FEET; THENCE NORTH 4427'10" WEST A DISTANCE OF 50,00 FEET TO A POINT ON THE NORTHWESTERLY UNE OF SAID LOT 53; THENCE NORTH 32'1641" EAST ALONG SAID NORTHWESTERLY UNE A DISTANCE OF 36.05 FEET TO THE POINT OF BEGU NTNG; SAID PARCEL CONTAINS 2,032 SQUARE FEET, MORE OR LESS. I. THOMAS.D; { • 1 jIEYOR LICENSED IN THE STATE OF COLORADO, DO HER, ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME MYJPERVISION AND CHECKING. G�$a'Atil� t` 25965 _ oR Jam" Q0'F-v C'o ORS pF TtiOM , P.L. , 0'C Z i,R b,'i.`s FOR AND OLL do LM1GE. INC. 4 �DY. OOGC F DATE �Iytis � � lv DOGr� DUB �RZ�gE4R0�UG Carroll & Lange Preleuioml EeOYgws d LAW swnyoo lakewoottl, Co�ior 1=6228 156 (303)9600200 P+4'I)29%E*1*TS\r4w-hm""T53 . SHEET 1 OF % PWAAM 01 >- W HU UO OC4H a U¢� <U1�- .'.2QZo r� a (Zti� C)OW ZW� ° KG p W rz. Qxz x�o v> �J .J Q. 1� rsi 1111111 Illi 1111111111111111111/16/2003111111111111111111189 ININ 03:12P EAS L 8 of 14 R 71.00 D 0.00 GRAND COUNTYARA CLERKROSENE EXHIBIT A Page 4 of 10 Pages EXHIBIT FOR ACCESS, UTILITY, DRAINAGE & SNOW STORAGE EASEMENT SHEET 2 OF 2 NW COR-, NE 1/4 SEC770N 28 USMO BRASS CAP POINT OF COMMENCEMENT 21 21 N8977'1.3 E 2850.42' 284 28 NOR7N 11NE, NORTHEAST 011AR7FR QUARTER SEC. 28 BASIS OF BEAR/NGS LOT 54',, £AST MOUNTA/N\ FILING I (REC. NO. 2001-002997) ^i / /x SCALE: 1" = 20' 2122 2 7 :O BRASS CAP _ 21 22 _ 2B 27 11 y'/ -113 ;1J 11;1 2J \ POINT OF BEGINNING \ \ `�S&spa \ F J \ 2032 S.F.# \ M05 AC-+ \ 41 �ryti \ `RIGHT—Of WA Y \ 5 \ COZ£N S RIDGE LOT 53 \ \ EAST MOUNTAIN FILING 1 \ (REC. NO. 2001-002997) 10' UTILITY & \ \ SNOW STORAGE EASEMENT \ EAST MOIUNTAW FLUNG 1 \ (REC. NO. 2001-002997) Deno es Change of Direction Only. This exhibit Carroll & Lange s, does not represent a monumented survey. It P,04 r¢norn«asr�,dsunayas is intended only to depict the attached legal res South Union 8M0., Surie 156 Lw.wood, coror.do Bona description. (aoa) 98o -o200 1111111 IN 1111111111111 IIII 1111111111111111111 IIII 1111 2003-000789 01/16/2003 03:12P ERS SARA L ROSENE 9 of 14 R 71.00 D 0.00 GRAND COUNTY CLERK EXHIBIT A Page 5 of 10 Pages LEGAL DESCRIPTION FOR ACCESS, U11UTYo DRAINAGE & SNOW STORAGE EASEMENT SHEET 1 OF 2 LEGAL DESCRIPTION n r-/Y%bGL yr LAM ULM A PART OF LOT 56, EAST MOUNTAIN HUNG 1, AS RECORDED AT THE GRAND COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION N0. 2001-002997, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SEC110N 28, 1�OMRlStNP i SOUTH. RMIOE 75 VEST OF THE 67H PRO40PAL MERIDIAN, TOWN OF FRASER. COUNTY OF GRAND. STATE OF COLORADO, BONG MORE PARTICULARLY DESCRIBED AS FOLLOWS: OQNL* CN6 AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF SECTION 28 AND CONSIDERING THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 28 TO BEAR NORTH 89-17-13- EAST, WITH ALL BEARINGS CONTANNED HEREIN RELATIVE THERETO; THENCE SOUTH 55*07'33' EAST A DISTANCE OF 604.57 FEET TO A POINT ON A CURVE. SAID POINT ALSO BEING ON THE WESTERLY RKGRT=OF-WAY OF COZE7N'S RIDGE, AS DEDICATED BY SAD EAST MOUNTAIN FILING 1, SAID POINT ALSO 8EING THE PONT OF E Mp#01 N; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY ALONG A NON -TA NOENT CURVE 70 THE LEFT HAVING A CENTRAL ANGLE OF 26'16'23'. A RADIUS OF 110.00 FEET. A CHORD BEARING OFSOUTH 19'07'31" EAST, AND AN ARC LENGTH OF 80-44 FEET, TO THE SOUTHEASTERLY CORNER OF SAID LOT 56; THENCE ALONG THE SOUTHERLY LITE OF SAID LOT 56, SOUTH 53'34'03" WEST A DISTANCE OF 40.72 FEET, THENCE NORTH 19107'31" WEST A DISTANCE OF 62.11 FEET; THENCE NORTH 7(P52'29' EAST A DISTANCE OF 38.88 FEET TO THE PONT OF BEOMMIO; SAID PARCEL CONTAINS 2,083 SQUARE FEET, MORE OR LESS. 6 THOMAS D. STAAB, A SURVEYOR DO HEREBY CERTIFY THAT THE AEN BY ME OR UNDER MY DIRECT SUPE THOMAS D. STAAB, P.L.S. 259 FOR AND ON BEHALF OF CARROLL DATE OF COLORADO, WAS PREPARED �= Carroll & L ange = Pn*ssimnW�gel (303)980-x0 �4 �Q Qw 7 ESC Oxo ;01-Z E- wo r'3Q Axa -100 ZX r�C n 111111111111111111111111 IN 11111111111111111111111 IN 2003-000789 01/16/2003 03:12P EAS SARA L ROSENE 10 of 14 R 71.00 D 0.00 GRAND COUNTY CLERK EXHIBIT A Page 6 of 10 Pages EXHIBIT FOR ACCESS, UTIUTY, DRAINAGE do SNOW STORAGE EASEMENT SHEET 2 OF 2 NW CAR., NE 114 SC070W 28 USCLO MASS CAP NE CAR., NE 1/4 SECIIAV 28 VSaO BRASS CAP POINT OF OOMMENCMENT 21 21 N8977 j'r 265o 42' 28 B N ,IH LA c, NARywASr otmwER _ - 04VAR&rR SEC. 29 BASIS OF BEAA'W" br, sOtsr POINT OF I %eEdNNlNG SCALE: 1" = 20' ,a1'J Ili A9 114 A � 2W &FA 0.05 ACA \ c- LOT 56 EAs rmomrmv \ sem (REC. N0. 2001-002997) 10' UMITY dr SNOW STORAGE EASEMENT \ EAST MOUNTAIN 170VG 1 \ LOT 55 (cc. NO. 2001-002997) \ Sr MO MIN \ fXING I \ \ (REC. NO. 2001-002997) \ \ N.4IE: • Denotes Change of Direction Only, this exhibit CJ1,00 Carroll Langedoes not represent o monumented survey. It ais intended only to depict the attached legal'amu"d. i mow. & a 156 description.(309) 900-0200 VmeW..rts�.,e.-r."+lw�ss�, srrtET : a L �aica os/+oAn 21 In,22 2B 27 I A � 2W &FA 0.05 ACA \ c- LOT 56 EAs rmomrmv \ sem (REC. N0. 2001-002997) 10' UMITY dr SNOW STORAGE EASEMENT \ EAST MOUNTAIN 170VG 1 \ LOT 55 (cc. NO. 2001-002997) \ Sr MO MIN \ fXING I \ \ (REC. NO. 2001-002997) \ \ N.4IE: • Denotes Change of Direction Only, this exhibit CJ1,00 Carroll Langedoes not represent o monumented survey. It ais intended only to depict the attached legal'amu"d. i mow. & a 156 description.(309) 900-0200 VmeW..rts�.,e.-r."+lw�ss�, srrtET : a L �aica os/+oAn E-� �.(U") W^ Eno G ..� �dF p: C)0 ILr,�aC C L!4:z GI.x Circ G OCaW daU E E0 0 W z v� (3 w Ax0 (01-Z 0 HWE 000 C.w WZr�� � 111111111111111111111111 IIII 111111111111111111 HIM 111IIII 2003-000789 01/16/2003 03:12P EAS SARA L ROSENE 11 of 14 R 71.00 D 0.00 GRAND COUNTY CLERK EXHIBIT A Page 7 of 10 Pages LEGAL DESCRIPTION FOR ACCESS, UTILITY, DRAINAGE & SNOW STORAGE EASEMENT SHEET 1 OF 2 LEGAL DESCRIP11ON A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 61H PRINCIPAL MERIDIAN, TOWN OF ERASER. COUNTY OF GRAND, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMIF]iCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21 AND CONSIDERING THE NORTH UNE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 21 TO BEAR SOUTH 89'17'19' WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 8710229" EAST A DISTANCE OF 765.61 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF BRIDGERS TRACE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 41'51'44" EAST A DISTANCE OF 37.85 FEET; THENCE SOUTH 48'08'16" EAST A DISTANCE OF 50.00 FEET.- THENCE EET;THENCE SOUTH 41441'44" WEST A DISTANCE OF 37.85 FEET TO A POINT ON A NON -TANGENT CURVE, SAID POINT ALSO BEING ON THE NORTHEASTERLY RIGHT-OF-WAY OF BRIDG7RS TRACE; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY ALONG A NON -TANGENT CURVE TO THE LEFT HAVE A CENTRAL ANGLE OF 16'54'47', A RADIUS OF 170.00 FEET. A CHORD BEARING OF NORTH 48108'16" WEST. AND AN ARC LENGTH OF 50.18 FEET TO THE PONT OF BEGOMM SAID PARCEL CONTAINS 1,831 SQUARE FEET, MORE OR LESS. I. THOMAS Dft-VISION ICENSED IN THE STATE OF COLORADO, DO HEREB E LEGAL DESCRIPTION WAS PREPARED BY ME OR MY DIRAND CHECKING. 2596 THOMAS D. FOR AND ON 'B , , AftROLL & LANGE, INC. DATE Carroll Lange uF ProtcukMl £rglne a Laid " Mym 165 SouM Union BIW, Sutla 156 Lakewood, C.I 4.8(}228 (303) 980-0200 P: rIF11. .aw4l 34W 1 OF 2. PIE.PA1® 10 111111111111111111111111 IN 11111111111111111111111 1111 2003-000789 01/16/2003 03:12P EAS SARR L ROSENE 12 of 14 R 71.00 D 0.00 GRAND COUNTY CLERK EXHIBIT A Page 8 of 10 Pages EXHIBIT FOR ACCESS, UTILITY, DRAINAGE & SNOW STORAGE EASEMENT SHEET 2 OF 2 ^� NW CORNER NW 1/4 SW 1/4 W¢[ SW 1/4 SEC 21, 71S R75W 67H RM., NE CORNER S 1/2 SW 1/4 SEC 21 1ZSQO BRASS. CAP 77S R75W 67H P.M., USC!LO BRASS t7 Cy - CAP —� a� ¢ POINT OF a COMMENCEMENT )00201 u Z 21 S8977'19 W 2635.92' _ _ 21 21 OSE a O 20 1 NORTH UNE, SOU7H HALF, SOU7HK£SI' OUARIER 21 21 0j:4 OUARMP SEG 21 BASIS OF BEARINGS 1w V-4 w 1/4 µ e �`! 11:1 ^�� ;LOT 78 ��` sTO EAST MOUNTAIN 0 RL 1 �. Ca �(REC. NO. 2001-002997) CU`s' a<P POINT OF W00'0,04 ACA oo' BEGINNING ti %N1 Her \ J \ R/S WAY p W BR/pGIDGER7PS TRACE >-O SCALE: 1" = 20' \ NOTE: • Denotes Change of Direction Only. This exhibit ' Carroll &. Lange does not represent a monumented survey. It Pialessiomil EVnem6 A land Survey -oh; 165 South Union Blvd. Sidle 156 is intended only to depict the attached legal lakeweod. Colorado 60226 description. (303) 980-0200 �W �u w :D (D 0'cA a "r'• ix. aG 0 O G F— 0x O�w O aF -050 U �`a a a Ems - 00W d U Z;sC� USI'" Of4w pZ0 F>J >L0 WNW (4ZW � pC 1111111 IN 1111111111111 IN 11111111111Ill1111111111111 2003-000789 01/16/2003 03:12P EAS SARA L ROSENE 13 of 24 R 71.00 0 0.00 GRAND COUNTY CLERK EXHIBIT A Page 9 of 10 Pages LEGAL DESCRIPTION FOR ACCESS, UTILITY AND SNOW STORAGE EASEMENT SHEET 1 OF 2 r -y10.1 A PARCEL OF LAND LOCATED IN THE NORTH%EST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOMNSHIP i SOUTH. RANGE 75 WEST OF THE 8TH PRINCIPAL MERDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO, 8MG MORE PARTICULARLY DESCRIBED AS 1FOMOWS: CpN1E,?1D3NNG AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 28 AND CONSIDERING THE NORTH LIE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO BEAR NORTH 89'39'25' EAST, WITH ALL SEMtlNGS CONTAINED HEREIN RELATIVE THERM. THENCE SOUTH 81'38'11' EAST A DISTANCE OF 742.20 FEET TO THE SOUTHEASTERLY CORNER OF LOT 61 OF EAST MOUNTAIN FILING 2 AS REOORDIW AT THE GRAND OOUNTY CLERIC AND RECORDER'S OFFICE AT NEC. NO. 2002-404557, SAID POINT ALSO OEM THE PONT' OF BEOr#MiQ MENCE ALONG THE EASTERLY UNE OF SAID LAT 81 NORTH 08'34'54' %EST A DISTANCE OF 5.47 FEET; THENCE NORTH 5778.14- EAST A DISTANCE OF 3.18 FEET; THENCE NORTH 48Y?4'31' EAST A DISTANCE OF 37.43 FEET; 1HENICE SOUTH 41 "50'24' EAST A DISTANCE OF 32.00 FEEL; THENCE SOUTH 48'04'31' WEST A DISTANCE OF 7.85 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE DEFT HARING A CENTRAL ANGLE OF 8818'48', A RADIUS OF 15.00 FEET; A CHOW BEARING SOUTH 04'01'07' MESST AND AN ARC LENGTH OF 23.11 FET 70 A POINT ON A CURVE SAID POINT ALSO BEING ON 1HE NORTHERLY RIGHT-OF-WAY OF CAMPPIIE LIE; THHENM ALONG THE NORTHERLY RIGHT-OF-WAY OF CAMPFIRE LANE THE FOLLOWING TWO (2) COURSES: 1) THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 39'53'12', A RADIUS OF 80.00 FEET, A CHORD BEARING NORTH 52'30'22' WEST AND AN ARC LENGTH OF 41.77 FEET; 2) THENCE SOUTH 57'28'14' WEST A DISTANCE OF 14~03 FEET TO THE PONT OF 8E W*0gG; SAID PARCH. CONTAINS 1,134 SQUARE FEET, MORE OR LESS. 4 THOMAS D. STAAB. A SURVEYOR DO FRERfBY CERTIFY THAT THE A81 BY ME OR UNDER MY DIRECT SOUPS THOMAS D. STAAB. P.L.S. FOR AND ON BEHALF OF DATE' - STATE OF Uft WAS PREPARED OOLARADO, Carroll & Lange so iwoos°'aa c�aor.aao°e62z�'�"e ' (303) 280-0206 111111111111111111111111111111111111111 ill 111111111 IN 2003-000789 01/16/2003 03:12P EAS SARA L ROSENE 14 of 14 R 71.00 D 0.00 GRAND COUNTY CLERK EXHIBIT A Page 10 of 10 Pages EXHIBIT FOR ACCESS, UTILITY AND SNOW STORAGE EASEMENT SHEET 2 OF 2 Nw COR SE I/1 SEC 28 USM0 BWASS CAP W COR SE 7/4 OF SEC. 28 uSQI o BRASS CAP 2d ?8 BASfS OF BEARNNGS �9:1m' 1r 2601.07' ?T w ze LIVE SOUrWAST 1/4 — �yT w �� SEC. 28 PONT OF � 1l,! COMMENCEMENT I#�. EAST MOUNTAIN FILING 2 BOUNDARY l o e g N5728 1 -**E -J;t EAST MOUNTAIN S \ 8 2 FILING 2 S.f.f BOUNDARY 1�13a P5.47' \ 0.03 ACk 7.65' A �" N08'34'59'W \ S48'09'31'W 6-8816'48" i 14.03' \ R-15.00' S57'26'14"W L-23.11' "POINT OF CH-SO4n1'07'W --� 9EQNNING- 6-39'53'12' \ R-60.00' )C: \ L-41.77' — CH-N52'30'22'W .td 29 \ RIGHT—OF—WAY E 28 \ CAMPI NE LANE 5' UliUTY & SNOW STORAGE EASEMENT \ EAST MOUNTAIN FLUNG 2 ALL .. C PLS 779 \ \� (REC. NO. 2002--004557) \ CAhPFVtE LANE / \ (EAST MOUNTAIN RUNG 2, / RECEPTION NO. 2002-004557) r NOTE: • Denotes Change of Direction Only. This exhibitCAI� ` Carroll & Lange ur does not represent o monumented survey. It is intended only to depict the attached legal SCALE: 1" = 20� 76s cOao a°ar eb228 swe" ass description. (903) 980-02W ESE IQ MHMP,i sON a I�aIOWA 1-21 ; WM mm 10 ,mjl gal afif 4 m9a s a 4 ai,v Mat S3 z— on zol 'm> 1 r M - n pt Cl) --------- 44 tn- M"T S10 G) 27- - - - - - - - - - - wNasv nz. - ----- ------- L— — — — — — — — — - ESE IQ MHMP,i sON a I�aIOWA 1-21 ; WM mm 10 ,mjl gal afif 4 m9a s a 4 ai,v Mat S3 � o 55�E 16517' v .'" ... / \ 20' REAR SEi9ApR Ot 00G5WELL RE51DENO-E N xqa \\ cf �. S aA t „mg e� i r a• i w A m - a m _ 0 aro 3J' 0/b SN3Z0o °r _ _p* ___ _._ , _ a Ot 00G5WELL RE51DENO-E October 13, 2014 i ANIIASSOCIATES ACCESS, UTILITY, DRAINAGE & SNOW STORAGE EASEMENT An Access, Utility Drainage and Snow Storage Easement located in the NE1/4 of Section 28, Township 1 South, Range 75 West of the 6th P.M., Town of Fraser, County of Grand, State of Colorado; BEGINNING at the Northeast Corner of Lot 56, East Mountain Filing No. 1, a subdivision recorded April 2, 2001 as Reception Number 2001-002997 of the records of Grand County, Colorado, from which the Northwest Corner of said Lot 56 bears N62°58'30"W, (basis of bearing); Thence N62058'30"W, 40.00 feet along the Northerly Line of said Lot 56; Thence S27°01'30"W, 40.00 feet; Thence S21001'42"E, 34.00 feet; Thence N86012'04"E, 30.00 feet to the Westerly Right-of-way Line of Cozens Ridge; and a non - tangent curve to the right; Thence 49.40 feet along the arc of said curve to the North Line of said Lot 56 and the POINT OF BEGINNING, said arc having a radius of 80.00 feet, a central angle of 35023'01" and being subtended by a 9hord that bears N1 3053'34"E, 48.62 feet; Area = 2, t, more or less. < V ,.. - �d �,"l l3°I co tell 5 Mich 44a Kervin, S 34592 Date: ®1�4.®�•®"��,�� DEA Pr® -d9b1 For and on`iiai.�® David Evans and Associates, Inc. 1331 17th Street Suite 900 Denver, Colorado 80202 Telephone: 720.946.0960 Facsimile: 720.946.0973 vnTiii-i%4' oenNce� EXHIBIT A PLAS'RC CAP MARKED 'PLS 22087' ACCESS, UTILITY, DRAINAGE & Z SNOW STORAGE EASEMENT LOT 57 EAST MOUNTAIN FILING NO. 1 1"=30' 74s Ns,s 0� (REC #2001-002997) 3s. 830y1k �qR �8S36 / A.f -v, h* �r 0 / ACCESS. UTILITY & I SNOW STORAGE ESM T. Y 2,332 6 I SQFT N ..1=49.40 R=80.0' .AO� 1=35'23'0 1 'E CH=N13'53"'314 48.62' N8 '12 04 E I I EDGE OF I I DRIVEWAY �' 30.00 I I o SIB n I i Z .PCOIR N I ai I `ri Ii a C, LOT 56 �*1 EAST MOUNTAIN RUNG NO. 1 L=54.65' \ R=110.00' \ 1 11=28'27'47" \ I CH=S18'01'49"E \\ IL 54.08' \CATV \\ BOX \ TELEPHONE;+ \\ PED \ .s �10 pG� LOT 55 y r \� 0� EAST MOUNTAIN < FILING NO. 1 `,N\\\ , 0 REG O ff' 40 (REC #2001-002997) p�. SEA/y � N5 A . 592 = PLASTIC CAP MARKED "PLS 22097" DAVID EVANS AND ASSOCIATES, It 1331 17th Street Suite 900 Denver, Colorado 80202 Vp Tel: 720-946-0969 Fax: 720-946-0973 Engineers • Surveyors • Planners MICHAEL SEAN KE QO PLS 345 DATE: 10-13-14 DEA PROJ: SBWI00-�'q02 FOR AND ON BEHAL0FCIY+iqAL LOAR DAVID EVANS AND ASSOCRIt',5!'IINte. SHEET 2OF2 1 ACCESS, UTILITY, DRAINAGE& D. -S, j SNOW STORAGE EASEMENT SAC 1011312014 ( TG131 LOT 56 EAST MOUNTAIN, PROJECT MANAGER:" (�Cl/ ING NO. / ./ TOWN OF FRASER Ordinance No. 422 Series of 2014 AN ORDINANCE AUTHORIZING THE VACATION OF PORTIONS OF CERTAIN PUBLIC EASEMENTS ON LOT 56, EAST MOUNTAIN - FILING 1 IN THE TOWN OF FRASER. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER IN THE STATE OF COLORADO, THAT: SECTION 1. The Board of Trustees of the Town of Fraser does hereby find and resolve that there is no continuing public need for those portions of the certain easements hereinafter described, except for easements reserved as hereafter set forth; and that the same should be vacated pursuant to the statutory authority of Sections 17-3-40 and 17-3-50 of the Fraser Municipal Code. The Board of Trustees also finds that such vacation will not leave any parcel without access to a public road as defined in Section 43-2-303, C.R.S., as amended. SECTION 2. Those portions of the access, utility, drainage and snow storage easements on Lot 56, East Mountain - Filing 1, in the Town of Fraser, Colorado, as described in the Easement Agreement recorded January 16, 2003 at Reception No. 2003-000789, shall be vacated, reserving, however, the 10-foot utility and snow storage easements adjacent to the abutting public road as dedicated on the final plat of said East Mountain - Filing 1. SECTION 3. The Mayor and Town Clerk are authorized to execute a Quitclaim Deed, in the form attached hereto as Exhibit A, and to record said Deed with a copy of this Ordinance in the office of the Grand County Clerk and Recorder to effectuate the vacation of said easements, subject to satisfaction of the following conditions precedent: 1. Receipt of an Easement Deed in the form attached hereto as Exhibit B, duly executed by the owners of said Lot 56, providing substitute easements in a different location on said Lot 56; 2. Construction and paving of a new turn-around area on the substituted access easement by the owners of said Lot 56, at their expense and in accordance with all applicable construction standards, and/or surety to complete construction and paving of a new turn- around area and written acceptance of such improvements by the Fraser Town Manager. This Ordinance shall not be deemed to be finally adopted, and shall not be signed on behalf of the Board of Trustees or published, until all such conditions precedent have been fully satisfied. If said conditions precedent are not satisfied by October 31, 2014, this Ordinance shall be void and of no effect. Upon final adoption and publication as provided herein, this Ordinance shall be effective thirty (30) days after publication thereof as provided by law. This Ordinance shall be published by title only. READ, PASSED AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th day of October, 2014. Votes in favor: ___ BOARD OF TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Votes abstained: ___ BY:____________________________ Peggy Smith, Mayor ATTEST: ( S E A L ) _______________________________ Lu Berger, Town Clerk Published in the Middle Park Times on October 23, 2014. - 2 - QUITCLAIM DEED THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado (Grantor), for the consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and quitclaims to GARY C. COGSWELL and BONNIE L. JUSTIS-COGSWELL (Grantee, whether one or more), whose address is PO Box 327, Winter Park, CO 80482, the following real property in the County of Grand, State of Colorado, to wit: All of Grantor's interest in those portions of the access, utility, drainage and snow storage easements on Lot 56, East Mountain - Filing 1, in the Town of Fraser, Colorado, as described in the Easement Agreement recorded January 16, 2003 at Reception No. 2003-000789; reserving, however, the 10-foot utility and snow storage easements adjacent to the abutting public road as dedicated on the final plat of said East Mountain - Filing 1; with all its appurtenances. SIGNED this ______ day of _______________, 20___. GRANTOR: THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado BY:________________________________ Peggy Smith, Mayor ATTEST: ____________________________________ Lu Berger, Town Clerk STATE OF COLORADO ) ) SS COUNTY OF GRAND ) The foregoing instrument was acknowledged before me on ____________________, 20___, by Peggy Smith, as Mayor, and Lu Berger, as Town Clerk, of The Town of Fraser, Colorado, a municipal corporation of the State of Colorado. Witness my hand and official seal. My Commission expires: _____________________________ ( S E A L ) Notary Public FROM DOC. FEE, Consideration Less than $500 EASEMENT DEED (Access, Utilities, Drainage & Snow Storage) GRANTOR: GARY C. COGSWELL AND BONNIE L. JUSTIS-COGSWELL Address: PO Box 327, Winter Park, CO 80482 GRANTEE: TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees Address: Post Office Box 370, Fraser, Colorado 80442 For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt whereof is hereby irrevocably acknowledged by GRANTOR, GRANTOR (whether one or more persons) hereby grants, bargains, sells and conveys to GRANTEE, its successors and assigns forever, a perpetual, non-exclusive easement on, over, above, below and across the property described on Exhibit "A" attached hereto and incorporated herein by this reference (the “Easement Parcel”), with all its appurtenances. This easement is granted for the purpose of (1) access, including a turn-around area for use by vehicles from the abutting public right-of-way; (2) installation, maintenance and operation of public and private utilities, above and below ground, including but not limited to water, sanitary sewer, electric, gas and telephone lines and facilities; (3) installation, maintenance and operation of storm drainage facilities; and (4) use as an area for snow storage for snow removed from public rights-of-way. GRANTEE and its successors and assigns shall have the right to construct, maintain, repair, replace, enlarge and operate such facilities and other improvements as are necessary or convenient for the above-described purposes.The easement includes the right of ingress and egress for such purposes. Nothing contained herein shall obligate the Board of Trustees of Fraser to construct or install any such facilities or improvements. GRANTOR, for itself and its successors and assigns, does hereby covenant, grant, bargain and agree to and with GRANTEE, its successors and assigns, that at the time of the ensealing and delivery of this Deed, GRANTOR was well seized of the premises above conveyed, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and had good right, full power and authority to grant, bargain, sell and convey the same in the manner and form as aforesaid, and that the same are free from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except for general real property taxes for the current year. The GRANTOR shall and will warrant and forever defend the above-bargained premises in the quiet and peaceable possession of GRANTEE, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. SIGNED THIS _______ day of _______________, 2014. __________________________________________ GARY C. COGSWELL __________________________________________ BONNIE L. JUSTIS-COGSWELL STATE OF _____________ ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ______ day of _________________, 2014, by GARY C. COGSWELL AND BONNIE L. JUSTIS- COGSWELL, the above named Grantor. Witness my hand and official seal. My Commission expires: _____________________________ ( S E A L ) Notary Public - 2 - TOWN OF FRASER Series 2014 Ordinance No. 423 AN ORDINANCE VACATING CERTAIN PUBLIC WATER AND SEWER EASEMENTS ON PROPERTY OWNED BY GRAND PARK DEVELOPMENT LLC, IN THE TOWN OF FRASER. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER IN THE STATE OF COLORADO, THAT: SECTION 1. The Board of Trustees of the Town of Fraser does hereby find and resolve that there is no continuing public need for the certain easements hereinafter described, except for easements reserved as hereafter set forth; and that the same should be vacated pursuant to the authority of Sections 17-3-40 and 17-3-50 of the Fraser Municipal Code. SECTION 2. The public water utility easement granted pursuant to the Easement Deed recorded June 30, 2009 at Reception No. 2009006045, and the public sewer utility easement granted pursuant to the Easement Agreement recorded April 2, 2009 at Reception No. 2009002887, shall be and are hereby vacated, reserving, however, temporary easements for existing water and sewer facilities upon those portions of said utility easements described on Exhibit A attached hereto and incorporated herein by this reference. Said temporary easements shall be terminated upon the relocation of the water and sewer facilities by Grand Park Development LLC to new locations approved by the Town and acceptance of the relocated facilities by the Town. Upon satisfaction of those conditions, the Town will execute a quitclaim deed or other written acknowledgement that such reserved temporary easements are vacated and terminated. SECTION 3. This Ordinance is conditioned upon the receipt an Easement Deed in the form attached hereto as Exhibit B, duly executed by Grand Park Development LLC and its lender, providing substitute easements for water and wastewater facilities in a different location. This Ordinance shall not be deemed to be finally adopted, and shall not be signed on behalf of the Board of Trustees or published, until such Easement Deed is executed and delivered to the Town Clerk. If said executed Easement Deed is not received by October 31, 2014, this Ordinance shall be void and of no effect. Upon final adoption and publication as provided herein, this Ordinance shall be effective thirty (30) days after publication thereof as provided by law. This Ordinance shall be published by title only. READ, PASSED AND ADOPTED BY THE BOARD OF TRUSTEES THIS 15th day of October, 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 October 23, 2014. -2- OVERALL EXHIBIT MAP THE WILLOWS AT GRAND PARK REMOVABLE UTILITY & ACCESS EASEMENT NOTE&% 1.) Basis of Bearings for this exhibit is the West Line of the Northwest Quarter of the Southwest Quarter of Section 28, Township 1 South, Range 75 West of the Sixth Principal Meridian which was assumed to bear S00'17'02"E, as monumented as shown hereon. See recorded plats. 2.) This Exhibit Map is NOT a "LAND SURVEY PLAT" or "IMPROVEMENT SURVEY PLAT." Its is a graphical representation for the proposed snow storage easement. SEE SWEET 2 SEE SHEET 3 SEE SYEET 2 MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PROD: GDPX000-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, INC ""JCC " S"""C GDPX00000-001 SHEET 1 OF REMOVABLE 1331 17th sweet suite 900 Fr«mAeeE. °"AVMEV UTILITY &ACCESS EXHIBIT Denver, Color ado 810202 UTILITYFXH VAC.dwg MSK Te1:720-946-0969 oA*n crrmrcE°ov: pax: 72('-946-o9;3 0911012014 TGe THE WILLOWS AT Engineers e Surveyors e Planners SCALE' P o EcrMA"ACEh: GRAND PARK 1"=200' MSK THE WILLOWS AT GRAND PARK REMOVABLE UTILITY & ACCESS EASEMENT SW COR. NW1 /4, SW1 /4, SEC. 28 (S1/16 COR.) FOUND 1-1/2" STEEL POST WITH 2-1/2" GLO BRASS CAP PROPERLY MARKED "1933" W1/4 CORNER T1 S, R75W, 6TH P.M., SEC. 28 N FOUND 1-1/2" STEEL POST w v WITH 2-1/2- GLO BRASS CAP 2 bi PROPERLY MARKED "1933" M Z Z J En ZZ (n / (BASIS OF 64 65 66 BEARING) 67 1329.75' 63 68 69 S00'17'02"E \ / — 70 �/ WI1 �Wi62 J� 61 ; 60 \ 59 51 Y 50 49 / / / REMOVABLE I / U71UTY & ACCESS EASEMENT If 2,420 SOFT y�68. L=51.21' R-282.00' 1=10'24'14" CH=S57'37'49"E 51.14' — REMOVABLE UTILITY & ACCESS EASEMENT 1.390 SOFT MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PROD: GDPX000-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, we P °'rG " Sr'rr'"° GDPX00000-001 SHEET 20F3 REMOVABLE 1331 nu, sweet suite 90o F-mAeer .1— UTILITY &ACCESS EXHIBIT Denver, Color ado 810202 UTILITYFXH VAC.dwg MSK Tel: 720-946-0969 DA- Fax: A* Fa ; 7120-94(H)W3 09110/2014 TGe THE WILLOWS AT Engineers " Surveyors " Planners SCALE' 1"=100' -'o'ECT AIAGEfi- MSK GRAND PARK /I 28 THE WILLOWS AT GRAND PARK REMOVABLE UTILITY & ACCESS EASEMENT Z SW COR. N W1 /4, 1"=100' SW1 /4, SEC. 28 (S1/16 COR.) FOUND 1-1/2" STEEL POST WITH 2-1/2" GILD BRASS CAP PROPERLY MARKED "1933" W1/4 CORNER T1 S, R75W, STH P.M., SEC. 28 �N FOUND 1-1/2" STEEL POST wV WITH 2-1/2" GILD BRASS CAP 042 PROPERLY MARKED "1933" M2� m J '� THE WILLOWS AT Z 2c1 GRAND PARK, FILING NO. 3 (BASIS OF BEARING 1329.75 S0017'02"E / / I SWI14ESEC 28 44 45 46 I 43 � / I 42 P I� / � Q I� 41 / � N I^ 52 I � 51 zl ^ 50 REMOVABLE40/1473 48 II 49 UALITY & ACCESS EASEMENT S45'20'28"E 1,219 SOFT 27.79' 39 L=5.41' 41.02' S32'01'19"E R=286.00' / 38 / 1=1*'0404''559" e<v L=13.75' CH=S43'55'09111 J i R=218.00' 5.41' 37 /�^ 1=3'36'46" 30 s�'cr• 32 33 34 / V, V, CH=N36'48'43"W sem. 31 2(V / L=27.19' 13.74' 'ti, // 36 / R=19.00' p 132.78 ' / 35 1=81'59'46" S725g °D 44 / CH=S02*22'47"W s► 11111 41 so , 24.93' 1111111 o 27N01 ;a 41 E X85' REMOVABLE 26 UALITY & ACCESS EASEMENT// 24 ) 5,319 SOFT 1 I I 25 23 ' L=110.39' I �— 22 I R=268.00' H 21 C=NOS*26'57"W I 109.61' 130 L:20 UTILITY & ACCESS 19 EASEMENT l L MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PROD: GDPX000-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, INC GDPX00000-001 SHEET 30F3 REMOVABLE 1331 nu, sweet suite 90o F-mAeer .1-1UTILITY &ACCESS EXHIBIT Denver, Color ado 110202 UTILITYFXH VAC.dwg MSK Tel: 720-946-0969 DA* crrm r°ov: pax: 7120-94(H)W3 0911012014 TGe THE WILLOWS AT Engineers " Surveyors " Planners SCALE' P o EcrMA"ACEh: GRAND PARK 1"=100' MSK EASEMENT DEED (Water and Wastewater Utilities) GRANTOR: _ GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company. Address: P.O. Box 30. Winter Park. CO 80482 GRANTEE: TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees Address: Post Office Box 370, Fraser, Colorado 80442 For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt whereof is hereby irrevocably acknowledged by GRANTOR, GRANTOR (whether one or more persons) hereby grants, bargains, sells and conveys to GRANTEE, its successors and assigns forever, a perpetual, non-exclusive easement on, over, above, below and across the property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Parcel"), with all its appurtenances. This easement is granted for the purpose of installation, maintenance and operation of underground water and wastewater lines and related facilities, and all fixtures and devices useful in the operation of such lines and facilities. GRANTEE and its successors and assigns shall have the right to construct, maintain, repair, replace, enlarge and operate such water and wastewater lines and related facilities as are necessary or convenient for the above-described purposes. The easement includes the right of ingress and egress for such purposes. Nothing contained herein shall obligate the Board of Trustees of Fraser to construct or install any such facilities or improvements. By its acceptance of this Deed, GRANTEE, for itself and its successors and assigns, does hereby covenant and agree with the GRANTOR, its successors and assigns, that GRANTEE will restore the surface of the land within the Easement Parcel to substantially the same condition as existed immediately prior to the commencement of any construction, maintenance, repair, enlargement or other activities by the GRANTEE, its successors and assigns, or such modified condition as is consistent with the easement purposes described herein. GRANTOR, for itself and its successors and assigns, does hereby covenant, grant, bargain and agree to and with GRANTEE, its successors and assigns, that at the time of the ensealing and delivery of this Deed, GRANTOR was well seized of the premises above conveyed, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and had good right, full power and authority to grant, bargain, sell and convey the same in the manner and form as aforesaid, and that the same are free from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except for general real property taxes for the current year and easements, restrictions and rights of way of record, and except for the lien of the Deed of Trust which is being subordinated to this instrument as provided below. The GRANTOR shall and will warrant and forever defend the above -bargained premises in the quiet and peaceable possession of GRANTEE, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. SIGNED THIS day of STATE OF COLORADO ) ss. COUNTY OF GRAND ) 2014. GRANTOR: GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company :• C. Clark Lipscomb, President The foregoing instrument was acknowledged before me this day of , 2014, by C. Clark Lipscomb, as President of GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company, the above named Grantor. Witness my hand and official seal. My Commission expires: (SEAL) Notary Public (continued on following page) -2- The undersigned, U.S. BANK, N.A. ("Lienholder"), as the beneficiary of the Deed of Trust or lien recorded at Reception No. 2012005143 and 2012005144 , joins in the execution of this instrument and hereby subordinates its Deed of Trust or lien to the easement granted in the foregoing Easement Deed. SIGNED THIS day of , 2014. STATE OF ss. COUNTY OF LIENHOLDER: BANK MIDWEST, N.A. BY: TITLE: The foregoing instrument was acknowledged before me this , 2014, by as U.S. BANK, N.A., the above named Lienholder. Witness my hand and official seal. My Commission expires: (SEAL) Notary Public -3- day of of OVERALL EXHIBIT MAP THE WILLOWS AT GRAND PARK UTILITY & ACCESS EASEMENT 1 I"=200' SEE SHEET 4 � 1 11 1 1' 1 1 1 \ i V A \ \\ ZO fy \� \\ SEE SHEET 2//,,/% LO TE&% \ 1.) Basis of Bearings for this exhibit is the West Line \� of the Northwest Quarter of the Southwest Quarter of Section 28, Township 1 South, Range 75 West of the Sixth Principal Meridian which was assumed to bear S00'17'02"E, as monumented as shown hereon. See recorded plats. MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 2.) This Exhibit Map is NOT a "LAND SURVEY PLAT" or DEA PROD: GDPX000-000-001 "IMPROVEMENT SURVEY PLAT." Its is a graphical FOR AND ON BEHALF OF representation for the proposed snow storage easement. DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, INC "0' " S?''"° 1331 17th sweet suite 900 GDPX00000-001 sHeer OF UTILITY &ACCESS EXHIBIT r=rc. —: o"—v: Denver, Color ado 80202 UTILITY EXH.dwg MSK Tel: 720-946-0969 oa*n crrm r°ov: pax: 720-946-LW3 09110/2014 TGe THE WILLOWS AT Engineers e Surveyors e Planners SCALE' GRAND PARK 1"=200' MSK THE WILLOWS AT GRAND PARK UTILITY & ACCESS EASEMENT UALITY Ec ACCESS EASEMENT 3.529 ACRES L-340.41' R=60.00' 1=325'03'48" CH=S84'47'50"W 36.02' 64 65 66 63 62 6a����������������������������������������������,2 60 59 58 t 57 'r L=261.21' N R=282.00' S6 y �' 1=53'04'19" CH=S54'54'07"E 251.97' 55 54/////" aaaaa� 53 / 52 51 50 49 "v/ 5 - $ THE WILLOWS AT GRAND PARK, FILING NO. 3 MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PROJ: GDPXOOO-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, INC. 1331 17th Street Suite 900 QDenver, Colorado 80202 Tel: 720-946-0969 Fax: 720-946- L973 Engineers " Surveyors " Planners SW COR. NW1 /4, SW1 /4, SEC. 28 (S1/16 COR.) FOUND 1-1/2" STEEL POST WITH 2-1/2" GLO BRASS CAP PROPERLY MARKED "1933" W1/4 CORNER T1 S, R75W, 6TH P.M., SEC. 28 �N FOUND 1-1/2" STEEL POST w ci WITH 2-1/2- GLO BRASS CAP "1933" 2 i PROPERLY MARKED MZ� co Z2y / 1BASIS OF BEARING 68 L-298.57' 1329.75 69 R=518.00' S00'l7'02"E 70 1=33'01'29" W. LINE NW1 CH=N13'12'52"E SWI/4 SEC. 28 294.45'4 40.00' S34'19'47"W L=1.56' R=518.001=0' L -30A4 /% CH=10'23" '36 -i�oarn �ia S 1.56, 1 � CH=N36'08'17"W �'' 27.01''"""iiiii IY 7p A� 28.53' �S09'40'26"W jG• h, CH=N21'44'45"E N80'24'39"W � 19.05' 210.03'/i S09'40'26"W " 17.70• iG 40'26•E i80n4'39"W 45.25- L -294.56' 5,25 L-294.56' R=318.00' 1=53'04'19" CH=S54'54'07"E 284.14' L=30.00' 3 R=2540.00' !Ni 1=0'40'36"O1 o� CH=N55'O6'24"W njr) 30.00'/ CA CURVE TABLE CURVELENGTH I RADIUS I DELTA I CHORD CHD C17 26.31 482.00 3'07'40" N01-35'29" 26.31 C18 32.69 19-00198-35'23 N49'16'02"E 2881 PROJ.CTNO.: Sr1:.T10.: GDPX00000-001 SHEET 2 OF 4 Frc. NAM.: OFA VM 3V: UTILITY EXH.dwg MSK OA- cr Lc— DV: 09/10/2014 TGB UTILITY & ACCESS EXHIBIT THE WILLOWS AT GRAND PARK 28 29 27 „ J A..ilii... ... 26 25 ,1, THE WILLOWS AT GRAND PARK UTILITY & ACCESS EASEMENT Z L=340.31' 44 45 46 R=60.00' 43 1"=100' 1=324'58'09" CH=N23'28'32"W 36.12' 42 41 %%%%%%%%%// 51 52 49 50 ii 47 48 L=105.80' 40 R=322.00'NO 1=18'49'33" CH=S52'47'26"W L=176.93' 105.32' R=268.00' ti 1=3749'31" 38 CH=N07'10'53"W 173.73' 37 30L=158.52' 36 „%!% J R=182.00' 33 W 34 35 t 31 32 0, iii% CH=N53'19'03"W L=340.43' R=60.00' 1=325'05'02" CH=S63'30'49"W 36.00' U77LITY & ACCESS EASEMENT S00'44'50"W 32.81' CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CHD C1 204.59 632.00 18°32'52" S54'51'02"E 203.70 C2 69.61 282.00 14'08'37" 571'11'46"E 69.44 C3 15.51 180.00 4'56'10" 576'07'20"E 15.50 C4 24.93 232.00 6'09'22" N22 -57'18"W 24.92 C5 99.16 232.00 24'29'19" N00'30'47"W 98.41 C6 29.85 1900. 90.00'00" N56'43'53"E 26.87 C7 94.29 418.00 12'55'26" N84'43'50"W 94.09 C8 63.61 282.00 12'55'29" S84°43'49"E 63.48 C9 26.50 318.00 4'46'32" S88'48'18"E 26.50 C10 29.85 19.00 90'00'00' S33'16'07"E 26.87 C11 116.57 282.00 23'41'04" 540'12'30"E 115.74 C12 39.01 218.00 10'15'09" N33'29'32"W 38.96 C13 27.19 19.00 81'59'46" 502'22'47"W 24.93 C14 91.25 286.00 18'16'50" S52 -31'05"W 90.86 C1526.54 19.00 80'02'17" N83°23'48"E 24.44 C16 82.50 218.00 21'41703" N6725'36"W 82.01 L33 :7712 L30 L28 413 L13 T� 24 C6 ,;-L32 23 L31 L27 22 �-L2J;% - L22 20 111111' 'I -L19 L17�19 -L16 18 Y' -1-12 -1_10 17 I(9 >% t94' 16 ; 15 14 153.55' S12'58'41"W 1.00' %11 7'01'1 9"W N1258, LINE 35 7j, 41'E LINE LENGTF L1 26.39 3� L2 12.47 L3 18.39 ON L4 34.23 wT L5 18.61 n L6 3.23 2 L7 30.00 ,-L=86.17' L6 41.D9 R=382.00' L9 10.87 L10 28.10 31=1255'26" L11250 m CH=N84'43'50"W 112 10.00 N 85.98' L13 37.80 27.56' S01 ro1'25'W _-N88'58'35"W 47.82' 37.61' N01 *01'25"E THE WILLOWS AT -GRAND PARK, FILING NO. 1 MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PROD: GDPX000-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, INC 1331 17th Street Suite 900 "o'EC GDPX00000-001 SHEET 3 OF UTILITY &ACCESS EXHIBIT r=rcE -: o"Avmr cv: Denver, Color ado 810202 UTILITY FXH.&vg MSK Tel: 720-946-0969 oA*n crrm E°ov: pax: 720-946-LW3 0911012014 TGe THE WILLOWS AT SCALE: 1"=100' P o EcrMA"ACEh: MSK Engineers " Surveyors " Planners GRAND PARK THE WILLOWS AT GRAND PARK UTILITY & ACCESS EASEMENT Z 1"=30' 7O• 12 70 / l0 /�, 7 THE WILLOWS AT GRAND PARK, FILING NO. 1 "` 5 / IF 2 S57 -39-13- _W 37.07" „y1 j 6N0'J �O j / MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PROD: GDPX000-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, INC P °"` NO. Sr"""° GDPX00000-001 SHEET a OF UTILITY &ACCESS EXHIBIT 1331 17th sweet suite 900 F--: o"—v: Denver, Colorado 80202 UTILITY EXH.&vg MSK Tel: 720-946-0969 oa*n crrm r°Gv: pax: 720-946-LW3 0911012014 TGe THE WILLOWS AT Engineers " Surveyors " Planners SCALE' 1"=100' -'o'.CT AIAGE- MSK GRAND PARK MEMO TO: Mayor Smith and the Board of Trustees FROM: Catherine Trotter, AICP, Town Planner DATE: October 15, 2014 SUBJECT: Grand Park easement vacation Public Hearing MATTER BEFORE BOARD: We are in receipt of a Petition for Vacation from Grand Park Development, LLC. The applicant is requesting that the Town vacate 2 easements: Easement Agreement recorded at Reception No. 2009002887 on April 2, 2009 and Easement Deed (Water Utilities) recorded at Reception No. 2009006045 on June 30, 2009. ACTION REQUESTED: The easement vacation review procedure is detailed in Section 17-3-50 of the Fraser Town Code at http://www.colocode.com/fraser/fraserpdf/fraser_17.pdf. The applicant is requesting that the Board approve thi included in the packet. BACKGROUND: The applicant has previously installed water and sewer mains throughout the area known as The Willows based on a previous development plan. The applicant has recently processed The Willows subdivision, Filings No. 1-4 which has a slightly different layout for the water and sewer infrastructure. The applicant is requesting the Town of Fraser vacate the 2 easements referenced above and approve a replacement easement which matches The Willows subdivision plats and construction documents. There is also a need for a temporary easement which shall be terminated upon relocation of the water and sewer facilities by Grand Park Development LLC to new locations approved by the Town and acceptance of the relocated facilities by the Town. ALTERNATIVES: e Board shall consider the vacation petition and review an ordinance vacating the easement at a public hearing and either approve, approve with conditions or deny the vacation petition within thirty days after the commencement of such a hearing. RECOMMENDATION: Staff is recommending that the Board approve the vacation petition. Included in the packet is Ordinance No. 423 vacating certain public water and sewer easements on property owned by Grand Park Development LLC, in the Town of Fraser. Exhibit A is the overall exhibit map for the temporary utility and access easement. Exhibit B is the replace Easement Deed for the Water and Wastewater Utilities. ƚǞƓ ƚŅ CƩğƭĻƩ th .ƚǣ ЌАЉͲ CƩğƭĻƩͲ /h БЉЍЍЋ ƚŅŅźĭĻ ВАЉΏАЋЏΏЎЍВЊ Ņğǣ ВАЉΏАЋЏΏЎЎЊБ ǞǞǞ͵ŅƩğƭĻƩĭƚƌƚƩğķƚ͵ĭƚƒ O I O R A D PROJECT NAME: The Willows at Grand Park Filings 1-4 DATE RECEIVED: 160- l :::]APPLICATION FEE: TYPE OF APPLICATION HEARING DATE (-Annexation, Zoning, Concept Plan t Change of Zone (- Development Permit (- Conditional Use C' Final Plat (" Minor Subdivision Plat (-As Built Plat (" Planned Unit Development C` Preliminary Plat (- Site Plan C` Sketch Plan ( Subdivision Exemption (: Vacation of Street or Easement ( Variance (' Other C" Final Planned Development Plan PROJECT INFORMATION Applicant's Name: Grand Park Development, LLC Project Location: The Willows Planning Area 2W Address: P.O. Box 30 Winter Park, CO 80482 Phone/Fax: Phone: 970.726.8600 Fax: 970.726.8833 Existing Location: City/State/Zip: Proposed Zoning: City/State/Zip: Evergreen, CO 80437 Relation to Property Owner: Clark Lipscomb, President Grand Park Development, LLC Legal Description of Property (lots, blocks, tracts, subdivision name, or metes & bounds - attach additional sheet, if necessary): The Willows, Planning Area 2W See Reception #2009002887 and Reception #2009006045 Total Acreage of Property under Consideration: N/A (being replaced) [Number of Existing Residential Lots: N/A Number of Proposed Residential Lots: N/A Type of Housing Proposed: N/A Number of Existing Commercial Lots: N/A Number of Proposed Commercial Lots: N/A ADDITIONAL CONTACTS Property Owner: Grand Park Development, LLC Clark Lipscomb Consultant: Jack Bestall Bestall Collaborative Limited Address: P.O. Box 30 Address: P.o. Box 2223 City/State/Zip: Winter Park, C080482 City/State/Zip: Evergreen, CO 80437 Phone/ ax: Phone: 970.281.4053 Fax: 970.726.8833 Phone/Fax: Phone: 720.810.6480 BRIEF DESCRIPTION OF DEVELOPMENT: While the water and sewer infrastructure previously installed lies within the rights of way to be dedicated to Fraser by the Willows Subdivision, the Easements to Vacate do not align with the rights of way; and therefore need to be vacated and replaced in their entirety with the Replacement Easement, which matches the Willows Subdivision plats and construction documents. I lie I own of Fraser requires that the applicant pay all fees and costs relating to this application, as provided in the Town's general application policies set forth in Section 1-3-70 of the Fraser Municipal Code, which is reproduced below. The undersigned acknowledges that he or she has read and understands such policies and agrees to the terms thereof, including those provisions concerning collection of unpaid charges owed to the Town. The amount payable for up -front application fees and any cash deposit for additional processing charges will be specified by Town staff at the time of filing this application. Additional payments or deposits may be required during the processing of the application. CERTIFICATION I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and exhibits herewith submitted are true and correct to the best of my knowledge The Authorized Signer gives consent Authorized Signature: _ ^ Date:' Sec. 1-3-70. General appsat- a10 les. The following general policies shall apply to all applications for permits or other approvals required under the provisions of this Code, unless different requirements, which are inconsistent with the following, are specified under the provisions of this Code for a particular type of application: (1) No application will be considered complete until all prescribed fees and deposits have been paid (2) Application fees. Application fees are established and modified from time to time by the Board of Trustees and are set forth in the current fee schedule approved by the Board of Trustees. Such application fees are intended to defray the administrative expenses of processing applications attributable to the use of Town employee time and Town facilities. No part of an application fee shall be refunded on account of any denial, partial processing or withdrawal of part or all of the application. (3) Processing fees. In addition to application fees, the applicant shall pay all costs relating to the processing of the application, including the costs of publication for each publication required. If republication is necessary due only to Town error, the Town will pay the costs of republication. The applicant shall also pay the costs for mailing notification of the application to adjacent or surrounding property owners, if required. The applicant shall pay any and all recording fees relating to the application or approval thereof and all inspection fees relating to the application or administration of the permit or other approval. (4) Additional costs. The applicant shall pay for any additional costs incurred by the Town for the services of outside professionals, consultants or other review agencies, other than Town staff, including, without limitation, attorneys, engineers and outside planning consultants, during the review and consideration of an application: The Town will send invoices to the applicant"forexpenses,incurred'as the Town is bilred; which 'shalf be paid by the applicant within the time prescribed in the invoice. Any amounts not paid when due shall accrue interest at the rate of one and one half percent (1.5%) per month, not to exceed eighteen percent (18%) per annum. (5) Deposit. The Town may require the applicant to provide a cash deposit, in an amount specified in the fee schedule established by the Board of Trustees, to secure payment of the anticipated processing fees and additional costs related to the application not covered by the application fee. The Town may draw upon this deposit to pay such fees and costs and may also suspend further proceedings or reviews related to the application for any delinquent account until the applicant pays the amount necessary to reinstate the full amount of the cash deposit. Any delinquent account related to an application shall be sufficient grounds for denial of the application. Any unused portion of such deposit remaining after completion or termination of the application and payment of any outstanding invoices shall be refunded to the applicant. No interest will accrue on the deposit. (6) All outstanding fees, taxes and invoices shall be paid in full prior to final approval of the application or issuance of the applicable permit, certificate or other approval document. Deposits shall be held for ninety (90) days after approval to cover any outstanding invoices related to the application. (7) In the event of nonpayment of fees, costs or other charges owed, the Town shall have the right to file a legal action to collect any balance due to the Town, plus its costs of collection, including reasonable attorney's fees, against the applicant and/or the owner of the property that is the subject of the application. The amount of such unpaid fees, costs and other charges owed to the Town shall constitute a lien upon any property that is the subject of the application, and the Town may certify to the County Treasurer any amount due for collection in the same manner as other property taxes are collected. (8) The Town shall reserve the right to revoke or suspend any permit, certificate or other approval issued hereunder if the work or activity undertaken pursuant thereto is not done in accordance with the approved terms. 0 W Vii./ 00 Q 6 yy i ! M z ® V O nCD b �y C% .0 O ® O Q LOO 6c� b z r y ® N Iw a O N v 2 ' LO p � � a LL Q r r so a� o a o e O A IS (0 m C N Q � J J � O> O LO LL i N U- 4+ L1Acl 0 C O U J Qcli O� Q Z N 00 NT es o� ui(nC) WC)2 X 00 �op perm w °C° ° ~ zoo W M m �. a m Q LU CL o z 0 w m aC14LL Ln'R ZU C p v w CC CC Ho C7 n o 0 PETITION FOR VACATION TO: TOWN BOARD OF FRASER, COLORADO The undersigned Petitioner, Grand Park Development LLC, a Colorado limited liability company, hereby petitions the Town Board of the Town of Fraser for vacation of the Easement Agreement recorded at Reception No. 2009002887 on April 2, 2009 and the Easement Deed (Water Utilities) recorded at Reception No. 2009006045 dated June 30, 2009 (collectively "Easements to Vacate") attached hereto as Exhibit A, and that the Easements to Vacate be replaced with the Easement Agreement attached hereto as Exhibit B ("Replacement Easement"), and the Temporary Relocatable Easement Agreement attached hereto as Exhibit C ("Temporary Easement"). Petitioners state to the Town Board of the Town of Fraser, Colorado, as follows: 1. As a part of the installation of water and sewer through the Willows prior to the Willows at Grand Park subdivision the Easements to Vacate were dedicated to the Town of Fraser aligning with a prior road design for the area. 2. Petitioners have previously submitted four Subdivision - Final Plats, The Willows Subdivision — Filings 1 through 4 ("Willows Subdivision") to proceed with the planned development in the Willows Subdivision and the road alignment was slightly adjusted. While the water and sewer infrastructure previously installed lies within the rights of way to be dedicated to Fraser by the Willows Subdivision, the Easements to Vacate do not align with the rights of way; and therefore need to be vacated and replaced in their entirety with the Replacement Easement, which matches the Willows Subdivision plats and construction documents. Additionally, there are four locations where existing infrastructure lies outside the Replacement Easement which infrastructure will be relocated from its current location with each Willows Subdivision plat filing as shown on the Willows Subdivision construction documents. The Temporary Easement is provided to cover the infrastructure located in those four locations until such time as that infrastructure is relocated as shown on the construction drawings for the Willows Subdivision. Upon infrastructure being relocated as designed the portion(s) of the Temporary Easement covering the relocated infrastructure will be vacated by the Town of Fraser. 3. The Easements to Vacate are as follows: Exhibit A: Easements to Vacate — Easement Agreement recorded at Reception No. 2009002887 on April 2, 2009 & Easement Deed (Water Utilties) recorded at Reception No. 2009006045 on June 30, 2009 in the records of Grand County, Colorado. 4. The Replacement and Temporary Easements are as follows: Exhibit B: Replacement Easement Exhibit C: Temporary Easement The vacation will not leave any Town of Fraser infrastructure without the required easements. 5. The name and address of the property owner is: Grand Park Development, LLC, PO Box 30, Winter Park, CO 80482. THEREFORE, Petitioner respectfully requests that the Town Board of the Town of Fraser, Colorado, approve the vacation of the Easements to Vacate shown as Exhibit A, and that the Easements to Vacate be replaced with the Replacement Easement shown as Exhibit B and the Temporary Easement shown as Exhibit C. Petitioner: GRAND PARKj4EVELOPMENT LLC, a Colorado li . i eli D a f�ompany By: Mark Lipscomb, Presiden EXHIBIT A Easements to Vacate RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 2 OF 10 Doc Code:CONSENT, Sara L. Rosene, Grand County Clerk and Recorder, Colorado RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 3 OF 10 Doc Code:CONSENT, Sara L. Rosene, Grand County Clerk and Recorder, Colorado RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 4 OF 10 Doe Code:CONSENT, Sara L. Rosene, Grand County Clerk and Recorder, Colorado . 1 } 1 LEGAL DESCRIPTION ..FCR ACCESS ..AN D:UTILITY EASEMENT ;'SHEET 'I Ur :. LEGAL' DESCRIPTION .A PARCEL OF LAND LOCATED IN THE. EAST HALF OF SECTION :•29, .TOWNSHIP ;1 ,SOUTH, RANGE 75 WEST OF THE BTH PRINCIPAL .MERIDIAN, `.TOWN OF FRASER,. .COUNTY OF GRAND, .STATE' OF COLORADO, . BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ; COMMENCING AT 'THE SOUTHEAST CORNER ,OF THE NORTHWEST'QUARTER `.OF THE •SOUTHWEST QUARTER OF'. SECTION .28, TOWNSHIP ;1 SOUTH, -.RANGE 75 :WEST OF.THE,6TH'PRINCIPAL MERIDIAN, AND CONSIDERING THE EAST, LINE OF. SAID NORTHWEST .QUARTER' OF .'THE -SOUTHWEST QUARTER TO''BEAR 'SOUTH' 00'04'23". WEST, WITH'.. : ALL:BEARINGS';CONTAINED'HEREIN ;RELATIVE THERETO; :THENCE NORTH 55'38'06" WEST A •DISTANCE'OF 256228 FEET TO THE POINT OF BEGINNING;' THENCE NORTH' 55'40'13" WEST;` A DISTANCE OF 30.00 FEET; .THENCE NORTH "34.19'47", EAST, • A .DISTANCE OF 351,12 FEET; THENCE NORTH 1O'01'39"'EAST„A'DISTANCE OF 106.31 FEET; THENCE NORTH 80'19'34' WEST, A 'DISTANCE OF 455.60' FEET; THENCE *SOUTH ;09'40'26” WEST -A DISTANCE OF 24.31 .FEET; :THENCE NORTH 80'24'39" WEST,, 'A. DISTANCE OF ;19.05 FEET; THENCE SOUTH 09'40'26", WEST, . A DISTANCE OF 17.70 FEET; THENCE NORTH ,80'24'39' :WEST, :'A'DISTANCE OF 54.00' FEET; THENCE NORTH 09.40'26" EAST, A DISTANCE OF 44:09 FEET; THENCE NORTH 80'19'34" WEST, A .DISTANCE OF 95,11 FEET; THENCE NORTH •61.46'02" WEST, -A :DISTANCE .OF 135,31' FEET; : " THENCE NORTH 29"37'16";WEST, A. -DISTANCE OF' 38.77 FEET; THENCE NORTH 65'06'24".WEST', Ad, DISTANCE :OF .40.84 FEET; THENCE NORTH 2453'36", EASTi :A .DISTANCE OF29.12 FEET; THENCE NORTH 29'37'16" ;WEST, 'A 'OISTANCE OF 149.31 :FEET; THENCE NORTH .53'00'41" WEST; :A .DISTANCE .OF'63.03 FEET; THENCE NORTH 77'OV19".'.WEST, A.DISTANCE OF 106.89 FEET; THENCE SOUTH' 12'.58'41" :WEST,; A. -DISTANCE OF `31,50 FEET; ''.THENCE NORTH •77'01'19 .WEST,.:A DISTANCE OF.'51.00 'FEET; THENCE NORTH 12'58'41" LAST .A :DISTANCE OF ;31,50 FEET; :THENCE NORTH 77'01'19", WEST• .'A DISTANCE OF:129,25 FEET; THENCE NORTH' 86`58'35" WEST,' ADISTANCE OF 14D,59.FEET; " THENCE SOUTH .01'01'25";WEST,. A' DISTANCE OF 27.56 .FEET; •THENCE NORTH': WEST,: A- DISTANCE OF'47.82 ;FEET; THENCE NORTH 01'01'25"EAST,.A,DISTANCE OF 38,56 FEET; -THENCE NORTH '88'58'35"'.WEST, !'A. DISTANCE OF 27.12 FEET; 1HENCE NORTH 64'04'24" ;WEST, • A :DISTANCE ,OF 175.11 FEET; THENCE NORTH 152'49'24" :A DISTANCE OF 194.09 FEET; THENCE NORTH .77'19'24".WEST, 'A'DISTANCE OF 43.28 FEET; THENCE NORTH ' 34' 28'52" WEST, : A ' DISTANCE OF 26,17 FEET; THENCE..NORTH 12'40'36" EAST, .A:DISTANCE OF 40.28-FEET- THENCE 0.28FEET; . THENCE NORTH 5'02!37": EAST, A DISTANCE OF 41.59 :FEET Tb A PDINT ON' A` CURVE, THENCE ALONG THE ARC''OF ANON= A'' TANGENT CURVE TO THE LEFT'HAVING CENTRAL.ANGLE OF 08149'28 00 EET A CHORD THAT BEARS SOUTH 3B'39'29'EAST,. AND AN ARC'LENGTH OF 93.18 A'RADIUS OF 605, F FEET; .. THENCE NORTH 37'1036" EAST,':A DISTANCE OF'8.07.FEET; Carroll .& Lange -. •..•. •) Plalasslanal Ea In¢¢nr S land Sumy¢,c 568 oannBdW0d0„0228 .. � ' .. -, LaR awpod, 0. . . IBOB> Boa -0260 ' A: \ii00\EXWBITB\LEGAL\5406—A,V.dag,'pREPM60 Z—ZB—OB,IiEK 6-1>-60 RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 5 OF 10 Doc Code:CONSENT, Sara L. Rosene, Grand County Clerk and Recorder, Colorado LEGAL D ESCRI PTI ON .'.:,.FOR .:AC*CESS.:.`AND` UTILITY EASEMENT SHEET 2 OF ' T. LEGAL DESCRIPTION THENCE SOUTH 82149'24' EAST., A DISTANCE OF 30.00 FELT,', THENCE SOUTH 37"10'36" WEST, A DISTANCE OF 12.45 FEET TO A,POINT,OK A CURVE, 'THENCE ALONG THE'ARC OF A NON'-TANGENT,'.CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 22,47,09", A RADIUS OF 665.00 FEET, A CHORD THAT BEARS SOUTH 57'20'06' EAST, AND 'AN ARC LENGTH OF 240.60 'FEET-. 'POINT DF 'CURVATURE;', THENCE SOUTH EAST, ..A -DISTANCE OF FEET TO :A THENCE ALONG :THE -ARC OF A CURVE TO -THE' LEFT HAVING A CENTRAL ANGLE OF 09151'4,V,A RADIUS OF 150,00 FEET, A.CHORD THAT BEARS SOUTH ;73'39'33" EAST,,AND AN ARC LENGTH OF 30,98 FEET', THENCE SOUTH88'58'35" EAST.:.A OISTANCE:OF 167.01 FEET, THENCE SOUTH '77*01'19" EAST,; A DISTANCE OF 03,54 FEET; THENCE NORTH EAST, A DISTANCE OF 159.50 FELT;, THENCE - NORTH '77'01'19" MEST, ' A DISTANCE OF 97.20 FEET; THENCE NORTH Z8'37'24?' WEST, A DISTANCE OF 297.88 FEET; "THENCE NORTH 56*50'48" .WEST, ;A DISTANCE OF !3B3.65 FEET, THENCE NORTH 6()134!45" WEST, A -DISTANCE OF 285.92:FEET-, "THENCE NORTH -31-35'10" WEST.- A - DISTANCE OF 0.89 FEET; THENCE SOUTH 60.34!46" 'EAST, A DISTANCE OF 341.03 FEET; THENCE sOUTH.56'50`48' EAST, A DISTANCE OF 356,10 FEET; THENCE SOUTH 88'.37'24". EAST,:A :DISTANCE OF 292.39 FEET; THENCE SOUTH '77'01'19" EAST.- A DISTANCE OF 100,24 FEET, THENCE NORTH 12158'41" EAST, A DISTANCE OF 85.95 FEET; THENCE NORTH 57-5841" EAST.:A -DISTANCE OF 48.14 FEET; THENCE SOUTH .32'01'19" LAST, A' DISTANCE OF 41,02. FEET, 'THENCE SOUTH 57'58'41" WEST. A DISTANCE OF 31.18 FEET: :THENCE SOUTH :12'58'41" WEST, -A ;DISTANCE OF 226.94 -FEET-, THENCE SOUTH 77'01'19" EAST, A DISTANCE OF 10,00 FEET, THENCE SOUTH 12*5B'41" VEST, -:A DISTANCE OF 31.50 FEET, THENCE SOUTH 77'01'19" EAST, :A DISTANCE OF 115.25 FEET; THENCE SOUTH 64.3119" LAST, A DISTANCE OF 54.78 FEET: THENCE NORTH 44'39'32" EAST, A DISTANCE OF 40-23 FEET; THENCE SOUTH '45'20!28" EAST -A DISTANCE OF 50.54 FEET, THENCE SOUTH 40-49"14" WEST, A DISTANCE OF 42.16 FEET TO'A POINT ON 'A CURVE; -THENCE ALONG THE ARC OF A NON�TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 14'06'38', A RADIUS OF 220.00 FEET, A CHORD THAT BEARS SOUTH 30-32-55" EAST, AND -AN ARC LENGTH OF 5408 FEET; THENCE SOUTH 43-206"EAST, *A ' DISTANCE'OF 42,32 FEET; THENCE SOUTH 29'37'16" 'EAST, A -DISTANCE OF 99.18 FEET, THENCE SOUT14 39118'02" EAST, :A DISTANCE OF�' K03 FEET; THENCE SOUTH 'G1'48'O2!­.EAST,:A DISTANCE OF 31,76 FEET; THENCE NORTH '28'11'58" "EAST,. A DISTANCE OF 26.00 FEET, THENCE SOUTH 61,48'02!' EAST,. A:DISTANGE OF 51.00 FEET; THENCE SOUTH 28"11'58" .WEST, -A DISTANCE OF 26,00 FEET, THENCE SOUTH 61'48'02" EAST,: A -DISTANCE OF 27,89 FEET; THENCE SOUTH 80i19'34!' EAST, 'A'DISTANCE OF 94.23 FEET" THENCE NORTH I B'()9'24!' EAST, A DISTANCE OF 42,30 FEET,' .:THENCE SOUTH '70'17'91 " EAST, A DISTANCE OF 57.42 FEET, .THENCE SOUTH 19°42'39" WEST, A. DISTANCE OF 32.32 FEET, THENCE SOUTH 80'19'34" EAST, A DISTANCE OF 178.09 FEET; Carroll &' Lange E ClImm & Land S- 76" 60UIII U 01vd SU11415 303) n m 040-0200 do 00220 FREPAM 2-m-00. RM 0-17-00 RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 6 OF 10 Doc Code:CONSENT, Sara L. Rosene, Grand County Clerk and Recorder, Colorado -s-, LEGAL :DES0R1PTI4N ;FOR ACCESS ;AND UTILITY EASEMENT SHEET 3 OF 7 LEGAL DESCRIPTION THENCE SOUTH 10'01'39" WEST, .A DISTANCE OF 157.96 FEET THENCE SOUTH ;34119'47" WEST, .A DISTANCE OF 85.03 FEET; THENCE SOUTH .55'30'39' EAST, A DISTANCE OF 25,60 FEET; THENCE SOUTH .34'19'47''WEST,'A DISTANCE OF:40.00 FEET; THENCE NORTH' 55'30'39 WEST, :A:DISTANCE OF :25,63 FEET; THENCE SOUTH 3419'22" WEST, A DISTANCE OF 232.55 ;FEET TO THE POINT OF BEGINNING. CONTAINING 43,B36-50. 'FT. OR 3.36' `ACRES, MORE OR LESS. I, THOMAS D. •STARS A SURVEYOR ,LICENSED; IN THE STATE OF COLORADO, DO HEREBY.CEft71FY THAT, THE ABOVE LEG RIP.TIQN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISI NG _ 556 THOMAS 0 STAAB, P L.S. 25 FOR AND ON BEHALF OF CA ROLL,& _OATS ' . Carroll & Lange .. Pmfesslanal En�InsarsaLond5156's "1660uNh UponBlvd., o LaR6wund. ndd., ., SSuilW (303)900-0200 Pi ��400�E>71161TS�LECAL\5400-A.U.drrg, PREPAREO 2-20-03, REV,.6-17-00 ' , I I I RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 7 OF 10 Doc Code:CONSENT, Sara L. Rosene, Grand County Clerk and Recorder, Colorado RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 8 OF 10 Doc Code:CONSENT, Sara L. Rosene, Grand County Clerk and Recorder, Colorado Pago ,aP , Z--mge RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 9 OF 10 Doc Code:CONSENT, Sara L. Rosene, Grand County Clerk and Recorder, Colorado t` i 1,157'58'41"E S32'01'19"E :. EXH(B1T 48.14' 41.02' ., Ni2.5wct SHEET 6 OF'7 85.95' 5575B'41"W ^� 31.18' N77,51 k 97,20, � w P1 h `° SCALE. '1" = 100' sa r 0to S7T01'19"E NOTE: Denotes'' Change of Dkiection Only. T W6.exhlblt 10.00' does not 'represent a monumented survey..It S12'5B'41 W 5543119"E Is intended only to .depict .the attached legal 31.50' 54.78' .: description. ...�.&-14'06'38" S77-0 44'39'32" N ER=220 00 115.289E 40.23 CB -S3 -32-55"E S45'20'28'E 50.54' .. L=54.18' S29'3T16"E N77 '0 W 99.18' 706,88, S3, >x� •`O S39'18'02"E 61 � y . 14.03' ' 4"WN12S8'A1"E 1258 S61'48' 02 E 52 '58"W ' 31,50 31.50' W N7'TOti90.: N 77.01'19"W 2 31,76 268.0'101' N N,a 561'46'02"E 51.00' 129,25' �.. ��� N WsI. N28'11'58"E 27.89' a'�•oy 26.00' S61'48'OZE 51:00' 580'19'34"E (: 176.09' N24'53'36"E S19'4239"W 4 29.12' N18'0924E 5707,,3232' 42,30' 5;,. 1 . N65'06 '24' W S80`19'3", ... 40.84' N67 . 94, 93, to z 14 ,z C14 38.77' 353 211 `N \I$ PARCEL. CONTAINS` N8019'34„W IW t�if _ I' 143,838 SQ.. FT, OR 95,11 3,30 AC.' t W N09'40'26'E \ . 44.09' \ N80'24'39"W 34.00' S09'4028"W \ 17.70' NB0'24'39"W 19.05' a((O11`d<:Lal1ge = ..509'40'26"W P oleaiami E"01^�e�eatand Survb�ois \ T Ss"mhunlOnBlvd. SbQoTSa 0"Iwado 04228 24''31' N80'19'34"W '_ \kew \ 1 nal¢aR-ozon � _ 155,60' P;%4400\EMlfllT5\ AL\4100-A.U.d T_PREPMEa 2�2a-08, REV. 0-t) 00 .. RECEPTION#: 2009002887, 04/02/2009 at 04:18:27 PM, 10 OF 10 Doc Code:CONSENT, Sara L. Rosene, Grand County Clerk and Recorder, Colorado L SEE 'SHEET 6 EXHIBIT 577 1001.2"4'E �2 N77'01'1 VW SHEET 7 OF 7 97.20' Cv"a to :�In . 16 N to on SCALE: 1" = 100' n m Z S01*01'251.w 1 C1: .. 03 .03 6--09'51'44"27.56' Denotes Change of Direction only. This exhihil R=180.00 does not represent o monumented 'survey. It' CB=S73'39 3.YB psi iv is intended only to depict the attached legal L=30,98' 9 description. Rei mm d (� d �N01'01'25"E ^ ZN�N N88'58'35"W d UjU1 A 2247 09`1 R=605.00 • 7a> 27.12' �m N C8=S57'20'06"E i� L=240,60' o 2 b� '� ^DrOh �' S3T10'36"W 12,45' rI 952'49'24'E / 30.00' I' r� / pry°`• 6,o7' j / rd e" • W oVa PARCEL CONTAINS :.. `r v �4N77'19'24 43,28' 143,838 SQ. FT, OR 1i " N34'28'52°W / 3.30 AC, t ��i i /' 26.17' ,v I . _ / 12.40'36"E / a hl55'02'37"E / \a( 40.28' / .41.59' S pyty6:Carr0ll & Lange / '.Pmfasslonal En7Irieersaland SVneynrs ..IDS 801h Unipn DlVd., 6W1n 156 N31'35'10"W ,.'// Lakownad, 0.1cmdo BB228 (3U3) 060 61,69' / - PI\1900\E%RI81T5\IEOAL\4100-A.0;dwg, PREPARED 2-20-08, REV. 6-17-08 L RECEPTION*: 2009006045, 06/30/2009 at 02:25:04 PM, 1 OF 12, R $61.00, Additional Names Fee: , , Doc Code:EAS, Sara L. Rosene, Grand County Clerk and Recorder, Colorado EASEMENT DEED (Water Utilities) GRANTOR: _ GRAND PARK DEVELOPMENT LLC a Colorado limited liability comt)anx, Address: P.O Box 30 Winter Park CO 80482 GRANTEE: TOWN OF FRASER, COLORADO, acting by and through its Board of Trustees Address: Post Office Box 120, Fraser, Colorado 80442 For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, the receipt whereof is hereby irrevocably acknowledged by GRANTOR, GRANTOR (whether one or more persons) hereby grants, bargains, sells and conveys to GRANTEE, its successors and assigns forever, a perpetual, non-exclusive easement on, over, above, below and across the property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Easement Parcel"), with all its appurtenances. This casement is granted for the purpose of installation, maintenance and operation of underground water lines and related facilities, and all fixtures and devices useful in the operation of such lines and facilities. GRANTEE and its successors and assigns shall have the right to construct, maintain, repair, replace, enlarge and operate such water lines and related facilities as are necessary or convenient for the above-described purposes. The easement includes the right of ingress and egress for such purposes. Nothing contained herein shall obligate the Board of Trustees of Fraser to construct or install any such facilities or improvements. By its acceptance of this Deed, GRANTEE, for itself and its successors and assigns, does hereby covenant and agree with the GRANTOR, its successors and assigns, that GRANTEE will restore the surface of the land within the Easement Parcel to substantially the same condition as existed Immediately prior to the commencement of any construction, maintenance, repair, enlargement or other activities by the GRANTEE, its successors and assigns. GRANTOR, for itself and its successors and assigns, does hereby covenant, grant, bargain and agree to and with GRANTEE, its successors and assigns, that at the time of the ensealing and delivery of this Deed, GRANTOR was well seized of the premises above conveyed, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and had good right, full power and authority to grant, bargain, sell and convey the same in the manner and form as aforesaid, and that the same are free from all former and other grants, bargains, sales, lien's, taxes, assessments and encumbrances of whatever kind or nature soever, except for general real property taxes for the current year, except for those matters of record listed on Exhibit `B" attached hereto, and except for the lien of the Deed of Trust which is being subordinated to this instrument as provided below. The GRANTOR shall and will warrant and forever defend the above -bargained premises in the quiet and peaceable possession of GRANTEE, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. Easement Deed 20090326 RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 2 OF 12 Doc Code:ERS, Sara L. Rosene, Grand County Clerk and Recorder, Colorado SIGNED THIS IN41 day of O Q,me '2009, GRANTOR: GRAND PARK LOP T LLC, a Colorado lim' d ' bi - pany BY: C. 6WCIpscomb, President STATE OF COLORADO ) ) ss. COUNTY OF GRAND ) The foregoing instrument was acknowledged before me this /DA day of iawu 2009, by C. Clark Lipscomb, as President of GRAND PARK VELOPMENT LLC, a Colorado limited liability company, the above named Grantor, Witness my band and official seal. My Commission expires: { S EESTATE RY FCAY WRAY TARY pU13LiC ® OF COJ_OR ADO ~�•..Q< My Commission l:xphes 04/1112010 Notarybli -2- EasementMed 20090326 RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 3 OF 12 Doc Code:EAS, Sara L. Rosene, Grand County Clerk and Recorder, Colorado The undersigned, HANK MIDWEST. N.A. ("Lienholder"), as the beneficiary of the Deed of Trust recorded at Reception No. _2005-014723 , joins in the execution of this instrument and hereby subordinates its Deed of Trust to the easement granted in the foregoing Easement Deed. SIGNED THIS S fI day of 5'u„ a 2009. LIENHOLDER: BANK MIDWEST, N.A. BY: Tins: ,tea_. R E.i'. 4n'rN7-'_ STATE OF Co ) )ss' COUNTY OF '?-'44% ) The foregoing instrument was acknowledged before me this S y of .'T"g. • 2009, by t ,%�r� a ^, as I Xi of BANK MIDWEST, N.A., the above named Lienholder, Witness my hand and official seal. My Commission expires: q—$-ZO/Q '-� (SEAL) Q,�,,•• •••9/ Ft Not ublic �P• G :tdOTgR�%�ft --ems.►_ lN��cpUg•Lk o.P�� • -3- Emmcnt Deed 20090326 RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 4 OF 12 Doc Code:EAS, Sara L. Rosana, Grand County Clerk and Recorder, Colorado Pw _Lot J. -Pati - LEGAL DESCRIPTION FOR ACCESS AND WATER LINE EASEMENT SHEET 1 OF 7 LEGAL DESCRIP110N A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND CONSIDERING THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER TO BEAR SOUTH 00'04'23" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 55138'06" WEST A DISTANCE OF 2562.28 FEET TO THE POINT OF BEGINNING; THENCE NORTH 55.40'13" WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 34'19'47" EAST, A DISTANCE OF 351.12 FEET, THENCE NORTH 10'01'39" EAST, A DISTANCE OF 106,31 FEET; THENCE NORTH 80.19'34" WEST, A DISTANCE OF 155.60 FEET; THENCE SOUTH 09.40'26" WEST, A DISTANCE OF 24.31 FEET; THENCE NORTH 80'209" WEST, A DISTANCE OF 19,05 FEET; THENCE SOUTH 09"40'26" WEST, A DISTANCE OF 17.70 FEET; THENCE NORTH 80'24'39" WEST, A DISTANCE OF 34.00 FEET; THENCE NORTH 09'40'26" EAST, A DISTANCE OF 44.09 FEET; THENCE NORTH 80'19'34" WEST, A DISTANCE OF 95.11 FEET; THENCE NORTH 81'48'02" WEST, A DISTANCE OF 135.31 FEET; 11 THENCE NORTH 29'37'16" WEST, A DISTANCE OF 38.77 FEET: THENCE NORTH 85.08'24" WEST, A DISTANCE OF 40.84 FEET; THENCE NORTH 24'53'36" EAST, A DISTANCE OF 29.12 FEET; THENCE NORTH 29'37'16" WEST, A DISTANCE OF 149.31 FEET; THENCE NORTH 53'00'41" WEST, A DISTANCE OF 63.03 FEET; THENCE NORTH 77"01'19" WEST, A DISTANCE OF 106.89 FEET; THENCE SOUTH 12'58'41" WEST, A DISTANCE OF 31.50 FEET; THENCE NORTH 77'01'19" WEST, A DISTANCE OF 51.00 FEET; THENCE NORTH 12.5841" EAST, A DISTANCE OF 31.50 FEET; THENCE NORTH 77'01'19" WEST, A DISTANCE OF 129.25 FEET; THENCE NORTH 88'58'35" WEST, A DISTANCE OF 140.59 FEET; THENCE SOUTH 01'01'25" WEST, A DISTANCE OF 27.58 FEET, THENCE NORTH 88'58'35" WEST, A DISTANCE OF 47.82 FEET; THENCE NORTH 01'01'25" EAST, A DISTANCE OF 38.56 FEET, THENCE NORTH 88'58'35" WEST, A DISTANCE OF 27.12 FEET; THENCE NORTH 64'0424" WEST, A DISTANCE OF 175,11 FEET, THENCE NORTH 52'49'24" WEST, A DISTANCE OF 194.09 FEET; THENCE NORTH 77'19'24" WEST, A DISTANCE OF 43.28 FEET; THENCE NORTH 34.28'52" WEST, A DISTANCE OF 26.17 FEET; THENCE NORTH 12140'38" EAST, A DISTANCE OF 40.28 FEET; THENCE NORTH 55'02'37" EAST, A DISTANCE OF 41.59 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 08149'28", A RADIUS OF 605.00 FEET, A CHORD THAT BEARS SOUTH 38'39'29"EAST, AND AN ARC LENGTH OF 93.18 FEET; THENCE NORTH 37'10'38" EAST, A DISTANCE OF 8.07 FEET; Carroll & Lange v tP�eo0 "U',I�EI1y1�0IIn ®I'rA. g��Nai 166 Cfa90 66x2'9 (363) NO-o2BO-02D D M\4400\ERHIBIIS\LECAL\4400-A.U.0"9. PREPARED 2-26-086 REV. 6-17-D8 RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 5 OF 12 Doc Code:EAS, Sara L. Rosene, Grand County Clerk and Recorder, Colorado EXHiBir_.I�I ... Page._a of _7^r ayes• LEGAL DESCRIPTION FOR ACCESS AND WATER LINE EASEMENT SHEET 2 OF 7 LEGAL DESCRIPTION THENCE SOUTH 52'49'24" EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 37'10'36" WEST, A DISTANCE OF 12.45 FEET TO A POINT ON 'A CURVE; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 22'47'09", A RADIUS OF 605.00 FEET, A CHORD THAT BEARS SOUTH 57'20'06' EAST, AND AN ARC LENGTH OF 240.60 FEET; THENCE SOUTH 68143'41" EAST, A DISTANCE OF 74.34 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 09'51'44", A RADIUS OF 180.00 FEET, A CHORD THAT BEARS SOUTH 73'39'33" EAST, AND AN ARC LENGTH OF 30.98 FEET; THENCE SOUTH 88'58'35" EAST, A DISTANCE OF 167.01 FEET; THENCE SOUTH 77'01'19" EAST, A DISTANCE OF 133.54 FEET; THENCE NORTH 12'5B'41" EAST, A DISTANCE OF 275.45 FEET; THENCE NORTH 57'58'41" EAST, A DISTANCE OF 48.14 FEET; THENCE SOUTH 32'01'19" EAST, A DISTANCE OF 41.02 FEET; THENCE SOUTH 57'58'41" WEST, A DISTANCE OF 31.18 FEET; THENCE SOUTH 12'58'41" WEST, A DISTANCE OF 226.94 FEET; THENCE SOUTH 77'01'19" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 12'58'41" WEST, A DISTANCE OF 31.50 FEET; THENCE SOUTH 77'01'19" EAST, A DISTANCE OF 115.25 FEET; THENCE SOUTH 54'31'19" EAST, A DISTANCE OF 54.78 FEET; THENCE NORTH 44'39'32" EAST, A DISTANCE OF 40.23 FEET; THENCE SOUTH 45'20'28" EAST, A DISTANCE OF 50.54 FEET; THENCE SOUTH 40'49'41" WEST, A DISTANCE OF 42.16 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 14'06'38", A RADIUS OF 220.00 FEET, A CHORD THAT BEARS SOUTH 30'32'55" EAST, AND AN ARC LENGTH OF 54.18 FEET; THENCE SOUTH 23'29'36" EAST, A DISTANCE OF 42.32 FEET; THENCE SOUTH 29'37'16" EAST, A DISTANCE OF 99.18 FEET; THENCE SOUTH 39'18'02" EAST, A DISTANCE OF 14.03 FEET; THENCE SOUTH 61'48'02" EAST, A DISTANCE OF 31.76 FEET; THENCE NORTH 28'11'58" EAST, A DISTANCE OF 26.00 FEET; THENCE SOUTH 61'48'02" EAST, A DISTANCE OF 51.00 FEET; THENCE SOUTH 28'11'58" WEST, A DISTANCE OF 26.00 FEET; THENCE SOUTH 61'48'02- EAST, A DISTANCE OF 27.89 FEET; THENCE SOUTH 80'19'34' EAST. A DISTANCE OF 94.93 FEET; THENCE NORTH 18'09'24" EAST, A DISTANCE OF 42.30 FEET; THENCE SOUTH 70'17'21" EAST, A DISTANCE OF 57.42 FEET; THENCE SOUTH 19'42'39" WEST, A DISTANCE OF 32.32 FEET; THENCE SOUTH 80'19'34" EAST, A DISTANCE OF 178.09 FEET; Carroll a Lange COO P�,o5lwglenil E"W"Hn a Bum 8tak3I M 0olormft U6 22 5 76� (3031 BBB -0280 P•\4430\EA"811S\LECA1\4408-A.80"g. PREPMED 2-28-88, BEV 8-17-88 RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 6 OF 12 Doc Code:EAS, Sara L. Rosene, Grand County Clerk and Recorder, Colorado EXHIBIT. -A . Page-.. of .7._"ayc+'. LEGAL DESCRIPTION FOR ACCESS AND WATER LINE EASEMENT SHEET 3 OF 7 LEGAL DESCRIPTION THENCE SOUTH 10'01'39' WEST, A DISTANCE OF 157,96 FEET; THENCE SOUTH 34119'47" WEST, A DISTANCE OF 86.03 FEET: THENCE SOUTH 55'3039' EAST, A DISTANCE OF 25.60 FEET; THENCE SOUTH 34119'47" WEST, A DISTANCE OF 40,00 FEET; THENCE NORTH 5513039' WEST, A DISTANCE OF 25.63 FEET; THENCE SOUTH 34'19'22' WEST, A DISTANCE OF 232,55 FEET TO THE POINT OF BEGINNING. CONTAINING 111,822 SO. FT. OR 2.57 ACRES, MORE OR LESS. I, WILLIAM F. HESSELBACH, JR, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING. WILLIAM F. NESS LBA JR, P.L.S. 25369 ''s X63 FOR DN BEH OF AROLL & LANGE, 1 d :yea DATE OOF!® Carroll & Lange g Mefudon/2M.,a aWw�. w. �tu�e w.e �oftAeu�ontid�d�°r�� Put) 9e0-II2D0 a,NwO�cAwr,s4mu\u00a.0 tp. PAVAMO 2-71-04 •lY ai.-a RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 7 OF 12 Doc Code:EAS, Sara L. Rosene, Grand County Clerk and Recorder, Colorado EXHIBITA- Page f... of -7 naE,re. LEGAL DESCRIPTION FOR ACCESS AND WATER LINE EASEMENT KEY MAP COZENS SHEET 4 OF 7 N MEADOW 6 \ \\ SCALE: t" _ .500' \ SHEET 7 SHEET 6 SHEET 5 °4� \ yc"0R roCarroll Lange 4 /n68olaa tu�a garMh1 I+Swna i �wr fa117 C6R-Qnda 602tR P:\44MVIRIi61T6\LE6AL\44D0-A,U4,9, PREPARED 2-26-06, REV 6-17.06 RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 8 OF 12 Doo Code:EAS, Sara L. Rosene, Grand County Clerk and Recorder, Colorado EXHIBI f'. A _.. Page,5--ot--7 EXHIBIT SHEET 5 OF 7 $8019'34"E CW 1/18 COR., SEC, 28 S V1 178.0S, ASS CAD 2-1 /2" 8 GLO 1933 � x 801934 w 155.80' R3 N td f� S341 9'47"W 85.03' SCALE: 1" = 100' Z z $55'30'39"E DO N 25.60 0 �� g W •� V) PARCEL CONTAINS O 111,822 SQ. FT. OR �' 3.57 AC. t 25530'39"W ham^ r 0 V) 25.63' w m Z 3 1 a a N f �N POINT OF a w W a f \ \ RF BEGINNING ,0,Op m o � N \ \ 0 ty CTO z o N \ F \ n`� LU o ?8• �Y\ SE 1/4, NE 1/4, _ _ _ _ _ SEC 29 f \ \ \ NE 1/4, SE 1/4, ctDy \ \ \ SEC 29 tZ— NOTE, \ \ ~\ o ��I Denotes Change of Direction Only. This exhiblt, does not represent o monumented survey. It \ legal \ O i�* Is Intended only to depict the attached ♦ \ F- :2 z description. \ \\ \1 z dU iiiir�,3al Carroll a Lange 9 \ \ \ \ wOrmlorul Nw�at,Resum n ww 4ed D2Do \ \ $W 1 4, SW 1/4, SEC 28 R\4400\CMUJI \I.EUAL\4400-A,U.4Vg, PREPARED 2-26-09, REV. 6-17-02 RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 9 OF 12 Doc Code:EAS, Sara L. Rosene, Grand County Clerk and Recorder, Colorado 48,1 N12'58'41"E 31.50' N77'01'19"W 129.25' I I I FIsrr. A-__ Page--&— ot-7 °ac l S 04''19"E EXHIBIT u SHEET 6 OF 7 557'58'41"W 31.18' —�— p v ,d SCALE: 1" = 100' ti S77'01'19"E NOTE: 10.00' Denotes Change of Direction Only. This exhibit does not represent a monumenled survey. It S12'5B'41"W S54'31'19"E is Intended only to depict the attached legal 31.50' 54.78' description. Sly N44'39'32"E 1w 1406'36" S77.01,19. £ 40.23' R-220.OD i 1$• 75', CB-S30'32'55"E 5.54.54 5002B"E L=54.18' ' 529'37'16"E 27 01 19 W b{4 99.18' 106'89• sl aa' S39'18'02"E sJ R7 r3� 1%. 14.03' `512'58'41"W J 50' 1 561'48'D2°E 528'11'58"W 3 \.N77'01'19"W y a.0 31.76' 26.00' 51.00' J`''p. .. "S,o, S61'48'02"E N28'11'58"E 27,89' 26,00' S61'48'02'E 51 00' I Z N Z N B \ Grarro 11 peso eaD•E P; \11pD\EJ61ien5\ICCAE\�10 S80'19'34"E N24'S3'36"E 176.09' 29.12'36"E S19'42'39"W N18'09'24"E S)07 32.32". 42 30' S>42 N65'06'24"W S80.1 9, 40.84' 461. 94,93' N29'3 38.77' JJs J0, W PARCEL CONTAINS 111,822 S0, FT. OR 2.57 AC. t N09'40'26"E N80'19'34"ty 95.)1 44.09' N80'24'39"W 34.00' S09'40'26"W PREPARED 2226-06, REV. 6-t2-09 17.70' NBO'24'39"W 19.Q5' S09'40 26"W — 24.31' N80'19'34"W 155.60 q RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 10 OF 12 Doc Code:EAS, Sara L. Rosene, Grand County Clerk and Recorder, Colorado EXH{SIT—jA • a3.C3 i'a9s SEE SHEET 6 S77.01'19"E EXHIBIT 100.24' ,w 3 I SHEET 7 OF 7 !: I I PARCEL CONTAINS 111,822 SO. FT. OR 2.57 AC. t d`' o F SCALE; 1" = tOq' 1 801.01'25"W NOTE, I D=09'S1'44" 27.56' Denotes Change of Direction only, This exhibit R-180.00 does not represent a monumented survey. It CB-S73'39'33"E r�4� is intended only to depict the attached legal L=30.98' description. .}• W (� z N01'01'25"E 38.56' z Iz N yO 88'58'35"W 6-22'47'09" 27.12' h (�N R=605.00 at I 506CB=S720E L=240,80' z Q� I 2 S37'10'36"W 12.45' / / / S52'49'24"E / 30.00' 3� N37'1 0'36"E 8,07' • / r / o`oy`OyryA' N7719 -24"W / Q g7 43.28' y N34'28'52"W / 26.17' N12'40'38"E N55'02'37"E / 40.28' i^ / COQ,{ Carroll a Lange g / Pro6ulavl ER n44ni Wid wt )00 San n u��o�bti'd" 76 ub0 I (30)OWZ200 / / P:\4400\E%NI915\LEGAL\4400-A•U.dy. PREPARED 4^26-06, REV. 6-17-06 RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 11 OF 12 Doe Code:EAS, Sara L. Rosene, Grand County Clerk and Recorder, Colorado EXHIBIT B Page 1 of 2 Pages 1, Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded August 1, 1887, in Book 4 at Page 502. 2. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded August 1, 1887, in Book 4 at Page 502, 3. Any and all ditches and ditch rights, reservoir and reservoir rights, and all headgate, flumes and laterals used in connection therewith. 4. Town of Fraser Master Pathway Plan recorded April 11, 1995, at Reception No. 95002711. 5. Augmentation Plan as evidenced by Assignment And Assumption of Augmentation Plan recorded April 6, 1994, at Reception No. 94003905. 6. Ordinance No. 238, Town of Fraser, approving an Amended and Supplemental Annexation Agreement recorded June 9, 1998 at Reception No. 98006150, 7. Covenants and Restrictions by and between Maryvale Village, LLC, a Colorado limited liability company and Thomas F. Adams, Bentley Investments, Ltd., Kevin L. Ehlers, Donald E. Mielke, E. Rick Watrous, Glenn E, Duffy, Duane A. Duffy, Briali LLC, a Colorado limited liability company, Baljit S. Nanda and Castle Hill Corporation, a Colorado corporation, dated August 5, 1999 and recorded August 9, 1999, at Reception No. 99008348, S. All matters shown on the survey by GEOSURV Job No. 99104. 9. Conveyance Agreement as evidenced by Assignment And Assumption of Conveyance Agreement recorded April 6, 1994, at Reception No. 94003903. 10. Pre -Inclusion Agreement by Fraser Sanitation District, Maryvale Village LLC, Maryvale Commercial Metropolitan District and Maryvale Residential Metropolitan District recorded May 18, 2000, at Reception No. 2000-004521 as amended by instruments recorded April 22, 2002, at Reception No, 2002-004114, April 22, 2002, at Reception No, 2002-004115, June 21, 2002, at Reception No. 2002-006301 and April 8, 2005, at Reception No. 2005-003571. 11. Amended and Restated Annexation Agreement for the Rendezvous Property recorded December 30, 2003 at Reception No. 2003-016733 and First Amendment recorded November 8, 2005, at Reception No. 2005-012708. 12. Rendezvous Planned Development District Plan recorded December 30, 2003 at Reception No. 2003-016735. 13. Covenants and Restrictions (Golfing Rights Covenant) recorded May 28, 2004 at Reception No, 2004-006315. 14. Continuing Covenants Agreement as evidenced by Memorandum of Agreement recorded May 4, 2004 at Reception No. 2004-005237 and as amended by Addendum recorded June 4, 2007, at Reception No. 2007005923. 15. Notice(s) of Contract for Deed recorded August 5, 2004 at Reception No. 2004-009275 and August 25, 2004 at Reception No. 2004-010017, 16. Grand Park Planned Development District Plan recorded November 8, 2005, at Reception No. 2005-012709. 17. Deed of Trust from Grand Park Development, LLC and Grand Park Homes, LLC to the Public Trustee of Grand County for the use of Bank of Midwest, N.A., to secure RECEPTION#: 2009006045, 06/30/2009 at 02:25:04 PM, 12 OF 12 Doc Code:EAS, Sara L. ROsene, Grand County Clerk and Recorder, Colorado EXHIBIT B Page 2 of 2 Paees $12,000,000.00, dated December 28, 2005, and recorded December 30, 2005, at Reception No. 2005-014723. NOTE: Assignment of Rents recorded December 30, 2005, at Reception No. 2005- 014724, given in connection with the above Deed of Trust. NOTE: Assignment of Entitlement Documents and Contracts recorded December 30, 2005, at Reception No. 2005-014725, NOTE: Disburser's Notice by Bank Midwest, N.A., recorded December 30, 2005, at Reception No. 2005-014726. NOTE: Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Financing Statement, from Grand Park Development, LLC and Grand Park Homes, LLC, to Bank Midwest, N.A., secured party, recorded December 30, 2005, at Reception No. 2005-014727. NOTE: Modification and Correction of Deed of Trust recorded December 22, 2006, at Reception No. 2006-013735, given in connection with the above Deed of Trust. NOTE: Modification recorded April 29, 2009, at Reception No. 2009003802, 18, Improvement Agreement between the Town of Fraser and Grand Park Development LLC recorded February 26, 2009, at Reception No. 2009001742. 19, Declaration of Relocatable Snow Storage Easement recorded February 26, 2009, at Reception No. 2009001743. EXHIBIT B Replacement Easement UTILITY EASEMENT AGREEMENT This UTILITY EASEMENT AGREEMENT (this "Agreement") is made and entered into as of this day of , 2014, by and between GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company ("Grantor'); and TOWN OF FRASER, a municipal corporation of the State of Colorado (the "Town"). Recitals A. Grantor is the owner of certain real property located in Grand County, Colorado, legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Grantor PropertX"). B. As a condition to the Town's approval of Grantor's development of the Grantor Property, the Town has required that Grantor grant to the Town an easement for the purpose of installing water and wastewater lines and related facilities to serve Grantor's property and the public. C. Grantor now desires to grant, and the Town desires to accept an easement for the installation of water and wastewater lines and related facilities, as set forth below. Agreement NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Incorporation of Recitals. The Recitals are incorporated into and made substantive provisions of this Agreement. 2. Grant of Easement. Grantor hereby grants, bargains, sells, and conveys to the Town a non-exclusive easement (the "Easement") over, under, through and across the real property legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Easement Area") for the purpose of constructing, installing, using, operating, maintaining, repairing and replacing underground water and wastewater lines and related facilities, and all fixtures and devices reasonably used or useful in the operation of such lines and facilities (collectively, the "Facilities") together with the right to enter upon the Easement Area, to survey, construct, install, use, operate, maintain, repair and replace the Facilities and, subject to Section 3, to remove objects interfering therewith, including the trimming of trees and bushes. The work of installing and maintaining the Facilities shall be done with care and the surface along the Easement Area shall be restored substantially to its original grades, elevation and condition following completion of construction, installation, maintenance, repair or replacement within the Easement Area from time to time. Nothing contained herein shall obligate the Town to install any or all of the Facilities or to otherwise provide for any such use. 644190.1 MLAYER 09/11/14 2:48 PM 3. Repair. The Town shall promptly repair or replace any portion of the Easement Area or any improvements thereon damaged or destroyed in connection with the Town's use of the Easement Area. 4. Reservation. Grantor reserves the right to grant additional non-exclusive easement interests within the Easement Area so long as such interests do not materially adversely affect the use of the Easement Area by the Town as described in this Agreement. Grantor reserves the right to use and occupy the Easement Area for any and all purposes not inconsistent with the rights and privileges granted herein. 5. Indemnity. To the maximum extent permitted by law, the Town will indemnify Grantor and its agents, contractors, employees, officers, members and directors against any loss or damage caused by the exercise of the Town's rights under this Agreement, or by any wrongful or negligent act or omission of the Town or its agents, contractors, employees, permittees or assigns. 6. Prior Restrictions. The grant of the Easement is subject to all prior easements, restrictions, reservations, rights-of-way, encumbrances, and other matters of record. 7. Non-Assi ng ability. The Town may not assign this Agreement without the prior written consent of Grantor. 8. Survivability. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon Grantor, the Town and their respective successors and assigns. The burdens and benefits hereof shall run with the Grantor Property and any person or entity that acquires any interest in the Grantor Property shall be bound by the burdens and entitled to the benefits hereof. 9. Recording. Only after recordation of the The Willows at Grand Park Filing No. 1 Final Plat, this Agreement may be recorded in the real property records of Grand County, Colorado, and upon recordation will run with title to Grantor's Property. 10. Amendment. This Agreement will not be amended except by written instrument executed by Grantor and Grantee (or their permitted successor or assigns). 11. Headings. The section headings and titles in this Agreement are for convenience of reference only. Such headings and titles will not be construed as modifying, limiting or expanding in any manner the terms and provisions of this Agreement. 12. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. 13. No Waiver. In no event will any failure by either party to enforce any right, covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such a right, covenant or restriction or any other right, covenant or restriction thereafter. 14. Attorneys' Fees. In the event of any controversy, claim or dispute between Grantor and Grantee arising out of or relating to this Agreement or the breach or threatened or 644190.1 MLAYER 09/11/142:48PM 2 claimed breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or out-of-court settlement, will be entitled to recover from the non -prevailing party its reasonable expenses, attorneys' fees and other costs incurred in connection therewith. 15. Severability. The enforceability, invalidity or illegality of any provision of this Agreement will not render the other provisions of this Agreement unenforceable, invalid or illegal, but rather the unenforceable, invalid or illegal provisions of this Agreement will be deemed severed and deleted from this Agreement and this Agreement will remain in full force and effect to the greatest extent permitted by applicable law. 16. Consent and Subordination. The undersigned, being the authorized representative of U.S. Bank, N.A., (the "Mortgagee") the holder of a beneficial interest in and to the Easement Parcel, under Deed of Trust Recorded at Reception No. 2012-005143 and Reception No. 2012- 005144 in the Grand County, Colorado Real Property Records, hereby consents to this Agreement and agrees that the lien of the said deed of trust is hereby subordinated to this Agreement IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the Effective Date. ATTEST: 644190.1 MLAYER 09/11/14 2:48 PM GRANTOR GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company By: Name: Title: GRANTEE TOWN OF FRASER, a municipal corporation of the State of Colorado By: Name: Title: MORTGAGEE U.S. BANK, N.A. By: Name: Title: STATE OF COLORADO ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014, by , as on behalf of Grand Park Development LLC, a Colorado limited liability company. WITNESS my hand and official seal. Notary Public My Commission Expires. STATE OF COLORADO ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014, by Margaret Peggy Smith, as Mayor of the Town of Fraser, a municipal corporation of the State of Colorado. WITNESS my hand and official seal. Notary Public My Commission Expire STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014 by , as the authorized representative of U.S. Bank, N.A. WITNESS my hand and official seal. Notary Public My Commission Expires 644190.1 MLAYER 09/11/14 2:48 PM 4 THE WILLOWS AT GRAND PARK UTILITY & ACCESS EASEMENT z 1"=100' L=261.21'--. R=282.00' 1=53'04'19" CH=S54'54'07"E 251.97' 4\500\ 1 \2 56 N I 55 3 54 53 „ THE WILLOWS AT GRAND PARK, FILING NO. 3 MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PROJ: GDPXOOO-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, iNc 1331171hStreet Suite 900 Demer, Colorado 30202 TeL 720-946-0969 Fax: 720-946+o- 73 Engineers " Snmeyors • Planners SW COR. NW1/4, -S09'40'26"W SW1 /4, SEC. 28 (S1/16 COR.) CH=N21'44'45"E FOUND 1-1/2" STEEL POST 210.03' WITH 2-1/2" GLO BRASS CAP �S PROPERLY MARKED "1933" T9, W1/4 CORNER 1g0.F. T1 S, R75% 6TH P.M., SEC. 28 •� N FOUND 1-1/2" STEEL POST WITH 2-1/2" GLO BRASS CAP w Ci N� 2 h PROPERLY MARKED "1933" mJ3 Z2 U) / (BASIS OF BEARING) 68 L=298.57 9.75 513217 02"E 69 R=518.00'o 70 1=33'01'29" W. LINE NW1 CH=N13'12'52"E SWI/4 SEC. 294.45' 40.00' o '19'47"W $34 \ pro h L=1.56' 1 R=518.00' 1=070'23" �y L=30.04 CH=N34'14'36"0 R=19.00' 1=90'36'00" 1S S3 , ° 6? CH=N36'08'17"W 10'0`39• 27 01' 4, 10 L-211.72' 28.53' R=482.00' -S09'40'26"W 1=25'10'04" N80'24139"W CH=N21'44'45"E '�-11-9.05' 210.03' S09'40'26"W �S 17.70' T9, 234.024'39"W 1g0.F. 45.25' L=294.56' R=318.00' 1=53'04'19" CH=S54'54'07"E 284.14' R=2540.00' 1=0'40'36" CH=N55'06'24"W 30.00' CURVE TABLE CURVE I LENGTH RADIUS I DELTA CHORD CHD C171 26.31 482.00 3'0740 N01'3529W 26.31 C181 32.69 19.00 98.35'23" N49'16'02"E 1 28.81 NO, s""NOS GDPX00000-001 SHEET 2OF4 DRAWN DY: UTILITYEXH.dwg MSK CHECKED DV' 0911012014 TGB PHA?JECi MANAGER: 1 "=100' MSK UTILITY & ACCESS EXHIBIT THE WILLOWS AT GRAND PARK THE WILLOWS AT GRAND PARK UTILITY & ACCESS EASEMENT Z I L=340.31' 44 45 \ 46 R=60,00' 43 1=324'58'09" CH=N23'28'32"W 36.12' 42 41 ' 52 51 ' 50 kt 49 47 48 N L=105.80' R=322.00' I=18'49'33" 39 CH=S52'47'26"W L=176.93' 105.32' R-268 00'� �$2 21129 27 a 26 25 1=37'49'31" 38 CH=N07'1D`53"W C15 , 173.73' 37` 30 L=158.52' 36R=182,00' 33 W� 1=49'54'09" 31 32 34 35 0 CH=N53'19'03"W X 36.86' 153.55' _... S1 2'58'41"W L=340,43' R=60.00' 1=325'05'02" CH=S63'30'49"W 36.00' UTILITY & ACCESS EASEMENT SOV44'50"W 32.81' CURVE TABLE CURVE LENGTH RADIUS I DELTA. CHORD . CHD-^ ?4.44 82.01 DAVID EVANS AND ASSOCIATES, in 1331 17th Street Suite 900 mwl-Denier, C0 1,11do 80202 Tel: 720-946-0969 Fax:720-946-CI)73 Engineers " Snrve,'ors " Planners f'43•�� ., 78'.42' S3 E 24 C6 L33 L32 23 gnu ti�\I^� L28 L31 22 E ,m I L27 L26 21 L24 ;. 20 w' Z0,. L223 L19 L17 19 L16 18 L13 y arL1 ' LIO 17 C8 L H 6 4 16 233. L3 6 L3 14 F. N77'01'1 9"W 5.7-841 E 3' h O tV ,0 0 2 L=86.17' R=382.00' 3 I=12'55'26" CH=N84'43'50"W "coSI 85.98' 00 ro N 27,56' �S01'01'25"W ,,—NB8'58'35"W 47.82' 37.61' �I—N01'01'25"E THE WILLOWS AT -GRAND PARK, FILING NO. 1 MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PROD: GDPX000-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. 10: SHLLTNO.: GDPX00000-001 SHEET 3 OF UTILITY & ACCESS EXHIBIT DRAWN aY: UTILITY EXH.dwg MSK cHr:crcEo e7: 0911a2014 TGe THE WILLOWS AT PROJECT ""R' 1"= MSK GRAND PARK 100' THE WILLOWS AT GRAND PARK UTILITY & ACCESS EASEMENT z 1"=30' O / 12 10 9 8 70 7 g THE WILLOWS AT GRAND PARK, FILING NO. 1 g / A, !J � O� yfo / 2S57*3 1 37.079 13" -3 'Lry- / � b, MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PROD: GDPX000-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, INC —" " —ET"°' 1331 171h Street Suite 900 GDPXOOOOO-001._ OF UTILITY & ACCESS EXHIBIT FILE NAME: OHa:Wry— ® Demer,Colorado 80202 UTILITY EXH.dwg MSK Tel: 720-946-0969 37- ellcxeoe*. Fax: 720-946-0973 0911012014 TGe THE WILLOWS AT y 1" 100 PROJECT MANAGER MSK GRAND PARK Engineers • Sun�e ors •Planners EXHIBIT C Temporary Easement TEMPORARY UTILITY EASEMENT AGREEMENT This TEMPORARY UTILITY EASEMENT AGREEMENT (this "Agreement") is made and entered into as of this day of , 2014, by and between GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company ("Grantor"); and TOWN OF FRASER, a municipal corporation of the State of Colorado (the "Town"). Recitals A. Grantor is the owner of certain real property located in Grand County, Colorado, legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Grantor Property"). B. As a condition to the Town's approval of Grantor's development of the Grantor Property, the Town has required that Grantor grant to the Town an easement for the purpose of installing water and wastewater lines and related facilities to serve Grantor's property and the public. C. Grantor now desires to grant, and the Town desires to accept an easement for the installation of water and wastewater lines and related facilities, as set forth below. Agreement NOW, THEREFORE, in consideration of Ten Dollars ($10.00), the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Incorporation of Recitals. The Recitals are incorporated into and made substantive provisions of this Agreement. 2. Grant of Easement. Grantor hereby grants, bargains, sells, and conveys to the Town a non-exclusive easement (the "Easement") over, under, through and across the real property legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Easement Area") for the purpose of constructing, installing, using, operating, maintaining, repairing and replacing underground water and wastewater lines and related facilities, and all fixtures and devices reasonably used or useful in the operation of such lines and facilities (collectively, the "Facilities") together with the right to enter upon the Easement Area, to survey, construct, install, use, operate, maintain, repair and replace the Facilities and, subject to Section 3, to remove objects interfering therewith, including the trimming of trees and bushes. The work of installing and maintaining the Facilities shall be done with care and the surface along the Easement Area shall be restored substantially to its original grades, elevation and condition following completion of construction, installation, maintenance, repair or replacement within the Easement Area from time to time. Nothing contained herein shall obligate the Town to install any or all of the Facilities or to otherwise provide for any such use. 644190.1 MLAYER 09/11/142:49 PM 3. Repair. The Town shall promptly repair or replace any portion of the Easement Area or any improvements thereon damaged or destroyed in connection with the Town's use of the Easement Area. 4. Reservation. Grantor reserves the right to grant additional non-exclusive easement interests within the Easement Area so long as such interests do not materially adversely affect the use of the Easement Area by the Town as described in this Agreement. Grantor reserves the right to use and occupy the Easement Area for any and all purposes not inconsistent with the rights and privileges granted herein. The Town hereby acknowledges Grantor may remove the Facilities from the Easement Area and relocate them as depicted in The Willows at Grand Park construction documentation approved by the Town. 5. Termination and Expiration. This Agreement will terminate, and the Term will expire, immediately and automatically upon Grantor relocating the Facilities to the locations shown on The Willows at Grand Park construction plans. Upon the Town accepting the relocated Facilities the Town will execute in recordable form a written acknowledgement that this Agreement has terminated. 6. Indemnity. To the maximum extent permitted by law, the Town will indemnify Grantor and its agents, contractors, employees, officers, members and directors against any loss or damage caused by the exercise of the Town's rights under this Agreement, or by any wrongful or negligent act or omission of the Town or its agents, contractors, employees, permittees or assigns. 7. Prior Restrictions. The grant of the Easement is subject to all prior easements, restrictions, reservations, rights-of-way, encumbrances, and other matters of record. 8. Non -Assignability. The Town may not assign this Agreement without the prior written consent of Grantor. 9. Survivability. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon Grantor, the Town and their respective successors and assigns. The burdens and benefits hereof shall run with the Grantor Property and any person or entity that acquires any interest in the Grantor Property shall be bound by the burdens and entitled to the benefits hereof. 10. Recording. Only after recordation of the The Willows at Grand Park Filing No Final Plat, this Agreement may be recorded in the real property records of Grand County, Colorado, and upon recordation will run with title to Grantor's Property. 11. Amendment. This Agreement will not be amended except by written instrument executed by Grantor and Grantee (or their permitted successor or assigns). 12. Headings. The section headings and titles in this Agreement are for convenience of reference only. Such headings and titles will not be construed as modifying, limiting or expanding in any manner the terms and provisions of this Agreement. 644190.1 MLAYER 09/11/14 2:49 PM 2 13. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. 14. No Waiver. In no event will any failure by either party to enforce any right, covenant or restriction contained in this Agreement be deemed a waiver of the right to enforce such a right, covenant or restriction or any other right, covenant or restriction thereafter. 15. Attorneys' Fees. In the event of any controversy, claim or dispute between Grantor and Grantee arising out of or relating to this Agreement or the breach or threatened or claimed breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or out-of-court settlement, will be entitled to recover from the non -prevailing party its reasonable expenses, attorneys' fees and other costs incurred in connection therewith. 16. Severability. The enforceability, invalidity or illegality of any provision of this Agreement will not render the other provisions of this Agreement unenforceable, invalid or illegal, but rather the unenforceable, invalid or illegal provisions of this Agreement will be deemed severed and deleted from this Agreement and this Agreement will remain in full force and effect to the greatest extent permitted by applicable law. 17. Consent and Subordination. The undersigned, being the authorized representative of U.S. Bank, N.A., (the "Mortgagee") the holder of a beneficial interest in and to the Easement Parcel, under Deed of Trust Recorded at Reception No. 2012-005143 and Reception No. 2012- 005144 in the Grand County, Colorado Real Property Records, hereby consents to this Agreement and agrees that the lien of the said deed of trust is hereby subordinated to this Agreement IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the Effective Date. ATTEST: GRANTOR GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company By: Name: Title: GRANTEE TOWN OF FRASER, a municipal corporation of the State of Colorado By: Name: Title: MORTGAGEE U.S. BANK, N.A. 644190.1 MLAYER 09/11/14 2:49 PM 3 Name: Title: STATE OF COLORADO ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014, by , as on behalf of Grand Park Development LLC, a Colorado limited liability company. WITNESS my hand and official seal. Notary Public My Commission Expires STATE OF COLORADO ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014, by Margaret Peggy Smith, as Mayor of the Town of Fraser, a municipal corporation of the State of Colorado. WITNESS my hand and official seal. Notary Public My Commission Expires STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014 by , as the authorized representative of U.S. Bank, N.A. WITNESS my hand and official seal. Notary Public My Commission Expires, 644190.1 MLAYER 09/11/14 2:49 PM 4 622 'y 61 60 \ 59 r.58 57 50 \ 49 / / 56 55 54 53 \\52 THE WILLOWS AT GRAND PARK REMOVABLE UTILITY & ACCESS EASEMENT SW COR. NW1 /4, SW1 /4, SEC. 28 (S1/16 COR.) FOUND 1-1/2" STEEL POST WITH 2-1/2" GLO BRASS CAP PROPERLY MARKED "1933" W1/4 CORNER T1 S, R75W, STH P.M., SEC. 28 •� N \Ci FOUND 1-1/2" STEEL POST w WITH 2-1/2" GLO BRASS CAP 104 z PROPERLY MARKED "1933" ZJ3 z2to 666/616819/ 1 —II � N eN n 3- �'O�ikt<; N co ^ r: COLO �8�92q f' nyZ a \ (BASIS OF \\\ BEAR/NG� 1329.75 S00'17'02"E W. LINE NWI SW1/4 SEC. i 9 3jg323g"w / REMOVABLE X/ TY & ACCESS EASEMENT 2,420 SOFT L=51.21' R=282.00' 1=10'24'14" CH=S57'37'49"E 51.14' REMOVABLE UTILITY 8c ACCESS EASEMENT 1,390 SOFT MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PROJ: GDPXDDO-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, INC P"O'cr"o.: ',—T NO.: GDPX00000-001 SHEET 2 OF 3 REMOVABLE 1331 17th Street suite soo NAMC: oRA , d : UTILITY & ACCESS EXHIBIT Deer, Colorado 90202 UTILITY EXH VAC.dwg MSK Tel:nv720-946-0969 DATE: cNtcKLoJ Fax: 720-946-0973 0911012014 TGe THE WILLOWS AT Engineers • Surveyors " Planners SCALEr PROJECT MANAUER: 1"=100' GRAND PARK MSK THE WILLOWS AT GRAND PARK REMOVABLE UTILITY & ACCESS EASEMENT SW COR. N W1 /4, SW1 /4, SEC. 28 (S1/16 COR.) FOUND 1-1/2" STEEL POST WITH 2-1/2" GLO BRASS CAP PROPERLY MARKED "1933" W1/4 CORNER T1 S. R75W, 6TH P.M., SEC. 28 FOUND 1-1/2" STEEL POST WITH 2-1/2" GLO BRASS CAP PROPERLY MARKED "1933" THE WILLOWS AT GRAND PARK, FILING NO. 3 43 42 41 44 \ 45 \ 46 REMOVABLE \ //47\— S45*20'28 48 UALITY & ACCESS EASEMENT 40 "� "449 p 1,219 SOFT , �/W\sr L=5.41' xx 41.02' R=286.00' S32'01'19"E CH=S43'55'09 W ,30\\ cP.1 31 ` 32 1 33 ` 34 28 I Sr732. 27 DAVID EVANS AND ASSOCIATES, INC 1331 17th Slreet Suite 900 rzENaMe Denner, Colorado 801'02 UTILITY Tel: 720-946-0969 OATE> Tom Fax: 720-946-0973 Engineers " Siureyors • Planners SC - 5.41' 37 / p 7 2ry0 / 36 35 I ' I 2244 23 I ' 22 ' 21 20 19 (BASIS (BASIS OF BEARING 1329.75 S00'17'02"E /I W, LINE IV / I SWI/4 SEC. ol0 �1vi 52 _1� 51 z1 50 149 13.75' R=218.00' I=3'36'46" CH=N36'48'43"W L=27.19' 13.74' R=19.00' 1=81'59'46" CH=S02'22'47"W 24.93' MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PR0,1: GDPXDOO-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. SHEET NO: SHEET 3 OF 3 REMOVABLE oRawn oY MSK UTILITY & ACCESS EXHIBIT CHECKED BN TGe THE WILLOWS AT PROJECT -GER: MSK GRAND PARK v"I4j f 4"'85, REMOVABLE 26 UAL/TY &ACCESS EASEMENT —� 5,319 SOFT 25 L=110,39' I L_ R=268.00' F 1=23'36'01" CH=NO5'26'57'W 109.61' 130' C: �c UTILITY & ACCESS I EASEMENT DAVID EVANS AND ASSOCIATES, INC 1331 17th Slreet Suite 900 rzENaMe Denner, Colorado 801'02 UTILITY Tel: 720-946-0969 OATE> Tom Fax: 720-946-0973 Engineers " Siureyors • Planners SC - 5.41' 37 / p 7 2ry0 / 36 35 I ' I 2244 23 I ' 22 ' 21 20 19 (BASIS (BASIS OF BEARING 1329.75 S00'17'02"E /I W, LINE IV / I SWI/4 SEC. ol0 �1vi 52 _1� 51 z1 50 149 13.75' R=218.00' I=3'36'46" CH=N36'48'43"W L=27.19' 13.74' R=19.00' 1=81'59'46" CH=S02'22'47"W 24.93' MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 9-10-14 DEA PR0,1: GDPXDOO-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. SHEET NO: SHEET 3 OF 3 REMOVABLE oRawn oY MSK UTILITY & ACCESS EXHIBIT CHECKED BN TGe THE WILLOWS AT PROJECT -GER: MSK GRAND PARK UPRR Folder No.: 2866-12 NEW PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT _____________________________________________ BETWEEN UNION PACIFIC RAILROAD COMPANY THE WEST MOUNTAIN METROPOLITAN DISTRICT AND THE TOWN OF FRASER COVERING THE CONSTRUCTION MAINTENANCE AND USE OF A NEW GRADE-SEPARATED PUBLIC ROAD CROSSING AT GRAND PARK DRIVE (DOT NO.: 921-217F) AT RAILROAD MILE POST 60.16 – MOFFAT TUNNEL IN OR NEAR FRASER, GRAND COUNTY, COLORADO DRAFT {00021754 / 3} UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 UPRR Folder No.: 2866-12 UPRR Audit No.: _____________________ NEW PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT _________________________________ Grand Park Drive – DOT No. 921-217F Railroad Mile Post 60.16 – Moffat Tunnel Subdivision Fraser, Grand County, Colorado THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of UNION PACIFIC RAILROAD ___________, 2014 ("Effective Date"), by and between COMPANY , a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas WEST MOUNTAIN Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad"); METROPOLITAN DISTRICT , quasi-municipal metropolitan district organized pursuant to Title 32, Colorado Revised Statutes of the State of Colorado to be addressed at District 28 TOWN OF FRASER Second Street, Suite 213, Edwards, Colorado 81632 (“District”); and the, a political subdivision of the State of Colorado to be addressed at: P.O. Box 370 Fraser CO 80442-0370(“Fraser”). RECITALS: A.On or about November 3, 2005, the Town of Winter Park and Fraser (collectively “Towns”) submitted to the Colorado Public Utilities Commission (the “PUC”) that certain Application of Town of Fraser and Town of Winter Park, for Authority to Construct a New Grade Separation at the Proposed Crossing of Grand Park Drive and the Railroad in Fraser, Colorado and Abolish the At-Grade Railroad Crossing at Kings Crossing Road (Dot No. 254- 214U) in Winter Park, Colorado (as amended, the “Application”). B.In the Application, the Towns requested (1) authority to construct a grade separated railroad crossing at the intersection of the Union Pacific tracks and proposed new Grand Park Drive in Fraser (the “Grade Separated Crossing”); (2) authority to abolish the existing at-grade crossing at Kings Crossing Road (the “At-Grade Crossing”) in Winter Park; and (3) that the PUC allocate to Railroad 50% of the costs of the “theoretical structure” for the Grade Separated Crossing, plus any costs of the “actual structure” caused solely by Railroad requirements or requests. C.Since the dismissal of the Application, the District has worked with the Railroad and revised the plans for the Grade Separated Crossing. The District has received Railroad approval of the Theoretical Structure, Cost Estimates and approval of the 100% design drawings with conditions for the Grade Separated Crossing. Given the substantial progress the parties have made to date, the parties to this Agreement are prepared to agree to the cost allocation for the Grade Separated Crossing and other terms and conditions related to the Grade Separated Crossing as set forth herein. {00021754 / 2 }2866-12Articles of Agreement 05/22/2014 Page 1 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 . D.The parties have now reached a settlement of their disputes in connection with the Application, including but not limited to the cost allocation portion of the Application, on the terms and conditions as set forth in the Agreement below. E.The District and Fraser desire to undertake as their project (the “Project”) the construction of a new Railroad Bridge Crossing structure (the “Structure”) that will carry Railroad traffic over and across Grand Park Drive at Railroad Mile Post 60.16, on its Moffat Tunnel Subdivision at or near Fraser, Grand County, Colorado (the “Crossing Area”) as the Exhibit A, Crossing Area is shown on the Railroad Location Print marked andthe Detail Print(s) Exhibit A-1 of the Structure (collectively) marked , with each exhibit being attached hereto and hereby made a part hereof. Fraser shall have no responsibility for constructing the Project. F.The construction of the Structure will also necessitate the construction of a temporary Railroad shoofly (the “Shoofly”) to provide for the Railroad’s continued railroad Exhibit A-2 operations during the Project as illustrated on the Shoofly Track Print marked , attached hereto and hereby made a part hereof. G.As a part of the Project, the District will build two railroad maintenance vehicle turnarounds, of a “hammerhead” design, one on the south and one on the north side of the Structure that are feasible for vehicle turnarounds and that are no more than 50 feet from each end of the Structure. Each such turnaround will be built within the Railroad right of way and will be built to Railroad’s standards at the time of design approval. H.In addition, Cornerstone Winter Park Holdings LLC and the Town of Winter Park are parties to the Annexation and Development Agreement for Leland Creek and the First Amendment to Annexation Agreement, which provide that the Town of Winter Park “will cause the existing at-grade crossing at King’s Crossing Road to be permanently closed and removed.” In the event the Town of Winter Park fails to initiate closure or indicates its intent not to initiate closure, Railroad shall initiate application to the PUC for such closure within 90 days of the opening and operation of the grade-separated crossing, without prejudice to Cornerstone Winter Park Holding’s right to enforce the First Amendment to Annexation Agreement. I.Under this Agreement, the Railroad will be granting a right of entry to the District to construct the new Structure and the public facilities to be installed beneath the Structure, which will be owned by Fraser upon completion and acceptance, and for any maintenance or repairs necessary to the Structure prior to Fraser’s acceptance of the Structure as set forth elsewhere herein. Upon completion and acceptance of the Structure, the Railroad will grant a permanent easement to Fraser to maintain, repair and replace the Structure as set forth elsewhere herein. The portion of Railroad’s property that Fraser needs a right to use in connection with the construction and maintenance of the Structure and such facilities beneath the Structure is shown Exhibit A-3 on the Survey Print marked and also described in the Legal Description marked Exhibit A-4 , with each exhibit being attached hereto and hereby made a part hereof (the “Crossing Area”). The Railroad, District and Fraser are entering into this Agreement to cover the above. {00021754 / 2 }2866-12Articles of Agreement 05/22/2014 Page 2 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE 1 - EXHIBITS B AND D. Exhibit B The General Terms and Conditions marked and the Railroad’s Minimum Exhibit D, Underpass Construction Standards marked are attached hereto and hereby made a part hereof. ARTCLE 2 - RAILROAD GRANTS RIGHT. _______________ DOLLARS ($00.00) A.For and in consideration to be paid by District to the Railroad upon the execution and delivery of this Agreement and in further consideration of the District’s and Fraser’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to District the right to enter upon the railroad right of way for the purpose of closing and removing the at-grade crossing at King’s Crossing Road if the PUC approves the same and the right to construct the Structure over and across the Crossing Area. B.Railroad further agrees to grant a right to enter upon the Crossing Area for the construction of the Project and to maintain and repair the Structure after completion of the Structure and prior to Fraser’s acceptance and further agrees to grant a permanent, non-exclusive easement to Fraser for the maintenance and repair of the Structure upon completion and acceptance of the Project by Fraser and in accordance with the other provision of this Agreement, and for the construction, installation, maintenance, repair and replacement of the public street, trails, drainage facilities, utilities and other facilities to be constructed or installed beneath the Structure in the Crossing Area. The form of Easement Deed for the grant is marked Exhibit F attached hereto and hereby made a part hereof. ARTICLE 3 - DEFINITION OF CONTRACTOR For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by District or Fraser to perform any Project work on any portion of the Railroad’s property and shall also include the contractor’s subcontractors and the contractor’s and subcontractor’s respective employees, officers and agents. ARTICLE 4 - CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A.Prior to Contractor performing any work within the Crossing Area involving the Project, and any subsequent maintenance or repair work (other than roadway or roadway utility maintenance, snow removal, graffiti removal and any other maintenance or repair work that does not place men or machinery or heavy equipment within 25 feet of the centerline of the track and above the deck of the bridge), the District or Fraser shall require the Contractor to: execute the Railroad's then current Contractor's Right of Entry Agreement obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and, provide such insurance policies, certificates, binders and/or endorsements to the {00021754 / 2 }2866-12Articles of Agreement 05/22/2014 Page 3 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 Railroad before allowing any Contractor to commence any work in the Crossing Area or on any other Railroad property. The Railroad’s current insurance requirements are Exhibit B-1 described in , attached hereto and hereby made a part hereof. Exhibit B. The Railroad's current Contractor's Right of Entry Agreement is marked E , attached hereto and hereby made a part hereof. The District and/or Fraser confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work, other than as set forth in paragraph A of this Article 4 on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UPRR Folder No. 2866-12 D. If the District's own employees will be performing any of the Project work, the District may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. If Fraser’s employees will be performing any of the maintenance work as reflected in Exhibit B, Section 5Article 15 except as noted in Article 4A above, Fraser may self- insure all or a portion of the insurance coverage subject to the Railroad’s prior review and approval. ARTICLE 5 - EXISTING AT-GRADE ROAD CLOSING AND REMOVAL; RAILROAD CONTRIBUTION TO COSTS A.Railroad will pay to District the sum of $2,232,959 in good United States funds as follows: (i) $1,116,480 upon 50% completion of the Structure; and (ii) $1,116,480 upon the completion of the Structure as evidenced by the following: (a) the commencement of rail traffic over the Structure and the full completion of the structure, including both turnarounds so long as both events occur on or before September 30, 2018. The above schedule of payments is subject to CRS §40-4-106(3)(b)(i)(A). Railroad has committed payments pursuant to CRS § 40-4-106 (3)(b)(I)(a) to other agencies through 2016; therefore, the earliest year that Railroad will be obligated to make payment for this project will be January 1, 2017. At the option of either Railroad or District, at any time within six months prior to the commencement of construction of the Structure (excluding work on the shoo fly), the estimated cost of the theoretical structure can be recalculated to determine current values. Upon the review and written approval by both parties, the agreed value will be incorporated into this Agreement by reference as Exhibit G. B.The parties recognize that Railroad requires that its crews perform all flagging work and will also perform other track work. Railroad’s standard procedure is to bill the party constructing the underpass structure concurrent with performance of the work, which standard procedure will be followed during the construction of the Structure. {00021754 / 2 }2866-12Articles of Agreement 05/22/2014 Page 4 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 C.All payments due by the District or by Railroad will be due 30 days after receipt of an invoice therefore, with full and accurate receipts and/or documentation as to the status of Structure construction, as applicable. Payments by Railroad are subject to the condition in paragraph A of this Article 5. D.Pursuant to the First Amendment to Annexation Agreement, the Town of Winter Park shall cause the permanent closing of the King’s Crossing At-Grade Public Road Crossing located at Mile Post 59.93 on the Railroad’s Moffat Tunnel Subdivision, further identified as DOT No. 254-214U, as set forth therein. If the Town of Winter Park fails to fund such closure, for whatever reason, the Railroad shall assume responsibility for such closure within 90 days of the opening and operation of the grade-separated crossing, without prejudice to Cornerstone Winter Park Holding’s right to enforce the First Amendment to Annexation Agreement. E.The Railroad agrees to remove the railroad crossing surface and warning devices (cross bucks, signs, etc.) which currently exist on the Railroad’s right of way, upon the receipt of a copy of the above-referenced Ordinance, completion of the structure and commencement of rail traffic over the structure as set forth in D and as set forth in the PUC order authorizing the closure, all or a portion of which work is included in the Estimate under Article 7 hereunder. F.Subject to the decision of the PUC, the District agrees, by the consideration received, that King’s Crossing will remain closed and will not be re-opened. Fraser does not object to the closure of King’s Crossing Road. G.If federal funding of any kind is secured for the Structure in the future, this Agreement will be immediately amended accordingly. ARTICLE 6 - WORK TO BE PERFORMED BY THE RAILROAD A.The work to be performed by the Railroad, at District's and/or Winter Park’s sole cost and expense, is described in the Railroad's Material and Force Account Estimate(s): Type of Estimate dated Date of Cost Estimate, in the amount of $Cost Estimate – Exhibit C Numeric Format, marked , (each) attached hereto and hereby made a part hereof (collectively the "Estimate"). As set forth in the Estimate, the Railroad's combined estimated cost for the Railroad's work associated with the Project is ($Cost Estimate – Numeric Format). B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the District in the event the District does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the date of the Estimate. C. The District acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the District or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the District or the Contractor as determined by the Railroad and the District. If it is determined that the Railroad will be billing the Contractor directly for such costs, the District agrees that it will pay the {00021754 / 2 }2866-12Articles of Agreement 05/22/2014 Page 5 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The District agrees to reimburse the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, actual costs of preliminary engineering review, construction inspection, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the Railroad's normal and customary additives (which shall include direct and indirect overhead costs) associated therewith. ARTICLE 7 - PLANS A. The District, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications and, after review and approval by Frasier, shall submit such plans and specifications to the Railroad’s Assistant Vice President Engineering – Design, or his authorized representative, for review and approval. The plans and specifications shall include all appurtenances, associated drainage, shoring, sheeting and excavations for bents and/or abutments next to or adjacent to the Railroad’s tracks and, if applicable, all demolition and removal plans for the existing structure. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering – Design, or his authorized representative, and having been previously reviewed and approved by Fraser are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad and Fraser have consented to such changes in writing subject to paragraph 7A above. D. Upon completion of the Structure, the District, at its expense, shall furnish to the Railroad two (2) sets of reproducible “as constructed” Plans of the Structure. A set of such "as constructed" Plans shall also be delivered to Fraser. E. The Railroad’s and Fraser's review and approval of the Plans in no way relieves the District or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad and Fraser make no representations or warranties as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the District or Contractor on the Plans is at the risk of the District and Contractor. ARTICLE 8- NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all existing non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not {00021754 / 2 }2866-12Articles of Agreement 05/22/2014 Page 6 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B.Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and the District mutually agree in writing to: i.deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, ii. deem the Non Railroad Facilities part of the Structure, and iii. supplement this Agreement with terms and conditions covering the Non Railroad Facilities. ARTICLE 9 - SHOOFLY WORK A. The District, at its expense, shall perform all grading and embankment work for the Shoofly (including the portions at both ends of the Shoofly that the Railroad will be constructing or realigning in order to connect the Shoofly to its existing trackage) to the satisfaction and standards of the Railroad and in compliance with the Plans and all specifications and guidelines, if applicable, furnished by the Railroad to the District. B. If the District brings in any borrow material, all such borrow material shall come from a Railroad approved borrow source. C. The District, at its expense, shall supply and lay all sub-ballast material upon the grading and embankment described in Paragraph A above to the standards and satisfaction of the Railroad and in compliance with the Plans and all specifications and guidelines, if applicable, that have been furnished by the Railroad to the District. D. The Railroad, at the District’s expense, shall furnish, install and maintain the rail and ties, or shift, realign and maintain the existing railroad tracks, as the case may be, on the portions of the Shoofly that connect to the Railroad’s existing trackage out to the clearance points on the Shoofly. E. Except as set forth in Paragraph D above, the District shall supply and install all ties, track and other material to the satisfaction of the Railroad and in compliance with the Plans and all specifications and guidelines, if applicable, furnished by the Railroad to the District. F.Except as provided in Paragraph D above, during the course of the Project, the District, at its expense, shall maintain and repair the Shoofly to the standards and satisfaction of the Railroad. {00021754 / 2 }2866-12Articles of Agreement 05/22/2014 Page 7 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 G. Upon completion of the Project, the Railroad, at the District’s expense, shall remove the rail and ties that it installed under Paragraph D above. Salvage credits, if any, due the District shall be set forth in the Estimate. H. Upon completion of the Project, the District, at its expense, shall remove all rails, ties and ballast installed by it for the Shoofly to the standards and satisfaction of the Railroad and in compliance with the Plans, and, if applicable, all specifications and guidelines, if applicable, furnished by the Railroad to the District. The District shall retain all salvage. ARTICLE 10 - DEFERRED SEASONING The District acknowledges that conditions inherent in the construction of the Structure may cause the complete stabilization of the structure and Railroad’s trackage supported by new cuts or fills to be deferred beyond the construction period, and that the Railroad’s operation over the roadbed within the Project limits during the seasoning period will impose extraordinary maintenance costs in the event of caving, sliding, slipping, sinking or settling, including damage to rip-rapping or protective work in connection therewith, as well as settlement and consolidation of tracks and ballast, until the seasoning period is complete. Therefore, the District shall pay to the Railroad all that part of the cost and expense of extraordinary maintenance (hereinafter referred to as “Deferred Seasoning”) associated with the Project which can be attributed to failure of sub-grade, settlement, and consolidation of sub-ballast, or roadbed, or any combination thereof, within the Project limits, which are incurred during the period commencing immediately following completion of the work on the Structure by the District or its Contractor and ending one (1) year thereafter. The Deferred Seasoning costs aforesaid shall include reimbursement of the extra cost, in excess of normal maintenance costs, of maintaining embankments and that portion of said tracks above sub-grade in accordance with acceptable maintenance standards, and will include cost of maintaining proper alignment, proper surface and use of ballast and other necessary materials. The work of such Deferred Seasoning shall normally be performed by the Railroad either with its own forces or through responsible contractors employed by the Railroad. In the event major construction is required for Deferred Seasoning, the District, at its expense, may accomplish such major items by contract, subject to approval and inspection by the Railroad. Except in cases where the continuity of train service is involved or threatened, the Railroad shall submit to the District plans, specifications and estimates for such Deferred Seasoning work and shall not commence such work until the plans, specifications and estimates for such work have been approved by the District. ARTICLE 11 - RAILROAD’S COORDINATION REQUIREMENTS The District, at its expense, shall ensure that the Contractor shall comply with all terms and Exhibit D-1 conditions contained in the Railroad’s Minimum Requirements that are described in and other special guidelines that the Railroad may provide to the District for the Project. ARTICLE 12 - EFFECTIVE DATE; TERM; TERMINATION. A. This Agreement shall become effective as of the date first herein written, or the date work commences on the Project, whichever is earlier, and shall continue in full force and effect for as long as the Structure remains on the Railroad’s property. {00021754 / 2 }2866-12Articles of Agreement 05/22/2014 Page 8 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the District in the event the District does not commence construction on the portion of the Project located on the Railroad’s property within twenty-four (24) months from the date of this Agreement, or from the date that the Railroad has executed this Agreement and returned it to the District for its execution, whichever is applicable. C. If the Agreement is terminated as provided above, or for any other reason, the District shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. ARTICLE 13 - CONDITIONS TO BE MET BEFORE COMMENCEMENT OF WORK. Neither the District nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: The Railroad, District and Fraser have executed this Agreement. The Railroad has provided to the District the Railroad’s written approval of the Plans. Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements set forth in the Contractor’s Right of Entry Agreement. The PUC has approved the Application for construction of the structure. ARTICLE 14. FUTURE PROJECTS Future projects involving substantial reconstruction, renewal and/or demolition of the Structure shall not commence until Railroad, the District and/or Fraser (as may be applicable) agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. ARTICLE 15. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. District shall not assign this Agreement without the prior written consent of Railroad which will not be unreasonably withheld. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and District. ARTICLE 16 - SPECIAL PROVISIONS: A.Acceptance by Fraser. Fraser shall not be required to accept the Structure and assume the maintenance responsibilities provided herein until the following conditions are satisfied: The Structure has been fully completed in accordance with the approved Plans. The Deferred Seasoning period provided in Article 10 has expired and any deficiencies discovered during such Deferred Seasoning period have been corrected {00021754 / 2 }2866-12Articles of Agreement 05/22/2014 Page 9 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 to the satisfaction of Fraser by the District or its Contractor. Exhibit F The Easement Deed () for the right-of-way over the Crossing Area has been executed and delivered to Fraser. Fraser will acknowledge acceptance within thirty (30) days after the Railroad has indicated to the District and Fraser in writing that the above conditions have been fully satisfied. Until these conditions are satisfied, the District shall be responsible for all maintenance relating to the Structure. The maintenance obligations of the parties shall be as provided in Exhibit B, Section 5. B.Risk of Loss During Operation. Upon completion of construction and acceptance by Fraser, Fraser shall own the Structure and Fraser shall bear the risk of loss and full responsibility for the costs of replacement or repair resulting from any damage to or destruction of the Structure, except to the extent caused by the negligent or intentional acts or omissions of the Railroad. As between the parties to this Agreement, Railroad shall bear the risk of loss and full responsibility for any damage to or destruction of the mainline and the passing or side track used by Railroad at any time, except to the extent caused by the negligent or intentional acts or omissions of Fraser. It is understood and agreed that boththe District, Fraser, and the Railroad shall retain all rights to pursue third parties for cost recovery. C.Non-liability of Fraser. Fraser does not assume responsibility for any of the District's obligations under this Agreement, and the Railroad shall look solely to the District for performance of those obligations. D.Annual Appropriation. This Agreement is not intended to create a debt or other multiple-fiscal year financial obligation of Fraser, and any financial obligations of Fraser hereunder are subject to annual appropriation in accordance with Colorado law. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By_________________________________________ DANIEL A. LEIS General Director Real Estate WITNESS: WEST MOUNTAIN METROPOLITAN DISTRICT _________________________________________ By______________________________________ {00021754 / 2 }2866-12Articles of Agreement 05/22/2014 Page 10 UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 Printed Name:______________________________________ Title:_____________________________________________ TOWN OF FRASER WITNESS: _________________________________________By_____________________________________ Printed Name:______________________________________ Title:_____________________________________________ {00021754 / 2 }2866-12Articles of Agreement 05/22/2014 Page 11 EXHIBIT A To New Public Highway Underpass Crossing Agreement Cover Sheet for the Railroad Location Print {00021754 / 2 } EXHIBIT A-1 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Detailed Prints {00021754 / 2 } EXHIBIT A-2 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Shoofly TrackPrint {00021754 / 2 } EXHIBIT A-3 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Permanent Rights Survey Prints {00021754 / 2 } EXHIBIT A-4 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Permanent Rights Legal Descriptions {00021754 / 2 } EXHIBIT A-5 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Temporary Rights Survey Prints {00021754 / 2 } EXHIBIT A-6 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Temporary Rights Legal Descriptions {00021754 / 2 } EXHIBIT B To New Public Highway Underpass Crossing Agreement Cover Sheet for the General Terms and Conditions {00021754 / 2 } UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 EXHIBIT B TO PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT GENERAL TERMS AND CONDITIONS SECTION 1 -CONDITIONS AND COVENANTS a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The District shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the District shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the District for the purpose of conveying electric power or communications incidental to the District's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its Districts now or hereafter located upon said property. No nonparty shall be admitted by the District to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes in such manner as not unreasonably to interfere with its use as a public highway. In the event the Railroad shall place tracks upon the Crossing Area, the District shall, at its sole cost and expense, modify the highway to conform with the rail line. c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. The District shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the railroad property, unless the District at its own expense settles with and obtains releases from such nonparties. d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; also the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to any highway facilities located upon the property, provided that such attachments shall comply with District's specifications and will not interfere with the use of the Crossing Area. e) So far as it lawfully may do so, the District will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Structure and its appurtenances, or for the performance of any work in connection with the Project, the District will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2 -CONSTRUCTION OF STRUCTURE a) The District, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. b) Except as may be otherwise specifically provided herein, the District, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Structure and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the Structure and the railroad tracks. Upon completion of the Project, the District shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. c) All construction work of the District upon the Railroad's property (including, but not limited to, construction of the Structure and all appurtenances and all related and incidental work) shall be performed and completed in a manner {00021754 / 2 }General Terms & Conditions Page 1 of 5 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 satisfactory to the Assistant Vice President Engineering - Design of the Railroad or his authorized representative and Exhibit D in accordance with the Plans, the Railroad’s Minimum Requirements set forth in and other guidelines furnished by the Railroad. d) All construction work of the District shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by the Railroad's Assistant Vice President Engineering - Design. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the District. The District hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the Railroad. SECTION 3 -INJURY AND DAMAGE TO PROPERTY If the District, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the District is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the District at the District's own expense, or by the Railroad at the expense of the District, and to the satisfaction of the Railroad's Assistant Vice President Engineering - Design. SECTION 4 -RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the District of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the District shall reimburse the Railroad for the amount of the contract. SECTION 5 -MAINTENANCE AND REPAIRS a) Fraser at its expense, shall maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Structure, including the waterproofing and below, and further including, but not limited to, the superstructure, substructure, piers, abutments, walls, approaches and all backfill, grading and drainage required by reason of the Structure, as well as all graffiti removal or over-painting involving the Structure. b) The Railroad, at its expense, will maintain, repair and renew, or cause to be maintained, repaired and renewed, above the waterproofing, including, but not limited to, the rails, ties, ballast and communication and signal facilities owned by the Railroad. H. Winter Park, at is expense, will maintain, repair and renew, or cause to be maintained, repaired and renewed, the at- any advanced signing and pavement markers, grade King’s Crossing Closure, including, but not limited to, barricades, and any or other facilities not located on the Railroad right of way. c) SECTION 6 -SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the District that the work will be performed in a safe manner and in conformity with the following standards: Definitions a). All references in this Agreement to the District shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the District shall include work both within and outside of the Railroad’s property. Entry on to Railroad's Property by District b). If the District's employees need to enter Railroad's property in order to perform an inspection of the Structure, minor maintenance or other activities, the District shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the District, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and {00021754 / 2 }General Terms & Conditions Page 2 of 5 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the District’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of District’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. Flagging c) . (i) If the District's employees need to enter Railroad's property as provided in Paragraph B above, the District agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by District in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform District whether a flagman need be present and whether District needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill District for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, District agrees that District is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, District shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though District may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, District must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, District will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Compliance With Laws d). The District shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The District shall use only such methods as are consistent with safety, both as concerns the District, the District's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The District (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the District to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the District shall reimburse and, to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The District further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. {00021754 / 2 }General Terms & Conditions Page 3 of 5 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 No Interference or Delays e). The District shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. Supervision f). The District, at its own expense, shall adequately police and supervise all work to be performed by the District, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the District for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the District with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the District will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. Suspension of Work g). If at any time the District's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the District is being or is about to be done or prosecuted without due regard and precaution for safety and security, the District shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. Removal of Debris h). The District shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the District at the District's own expense or by the Railroad at the expense of the District. The District shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. Explosives i). The District shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. Excavation j). The District shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The District shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The District, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the District in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. Drainage k) . The District, at the District's own expense, shall provide and maintain suitable facilities for draining the Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The District, at the District's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the District, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The District shall not obstruct or interfere with existing ditches or drainage facilities. Notice l). Before commencing any work, the District shall provide the advance notice that is required under the Contractor’s Right of Entry Agreement. Fiber Optic Cables m). Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic {00021754 / 2 }General Terms & Conditions Page 4 of 5 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. District shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the District. If it is, District will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 7INTERIM WARNING DEVICES - If at anytime it is determined by a competent authority, by the District, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the District shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the Structure has been completed. SECTION 8OTHER RAILROADS - All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 9 BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of District for a period of three (3) years following the date of Railroad's last billing sent to District. SECTION 10 REMEDIES FOR BREACH OR NONUSE - a) If the District shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Structure and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the District will reimburse the Railroad for the expenses thereof. b) With the exception of nonuse by reason of repairs or reconstruction, nonuse by the District or the DistrictFraser of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the District hereunder. The District will surrender peaceable possession of the Crossing Area and Structure upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 11 MODIFICATION - ENTIRE AGREEMENT - No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the District and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the District shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the District and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. {00021754 / 2 }General Terms & Conditions Page 5 of 5 Exhibit B EXHIBIT C To New Public Highway Underpass Crossing Agreement Cover Sheet for the Railroad’s Material and Force Agreement Estimates {00021754 / 2 } EXHIBIT D To New Public Highway Underpass Crossing Agreement Cover Sheet for the Railroad’s Coordination Requirements {00021754 / 2 } EXHIBIT E To New Public Highway Underpass Crossing Agreement Cover Sheet for the Railroad’s Form of a Contractor’s Right of Entry Agreement {00021754 / 2 } EXHIBIT F To New Public Highway Underpass Crossing Agreement Cover Sheet for the Railroad’s Form of Easement Deed {00021754 / 2 } EXHIBIT A To New Public Highway Underpass Crossing Agreement Cover Sheet for the Railroad Location Print {00021754 / 2 } RAILROAD LOCATION PRINT ACCOMPANYING A NEW GRADE-SEPARATED PUBLIC ROAD CROSSING AGREEMENT Grand Park Drive Underpass – DOT #921-217F M.P. 60.16 – Moffat Tunnel Subdivision Fraser, Grand County, Colorado Construction of New Public Highway UnderpassCrossing Structure. EXHIBIT “A” UNION PACIFIC RAILROAD COMPANY MOFFAT TUNNEL SUBDIVISION RAILROAD MILE POST 60.16 FRASER, GRAND COUNTY, COLORADO To accompany a New Grade-Separated Public Road Crossing Agreement with the WEST MOUNTAIN METROPOLITAN DISTRICT AND THE TOWN OF FRASER . covering a New Grade Separated Underpass Structure construction project Folder No. 2866-12 Date: September 29, 2014 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 Exhibit A Railroad Location Print EXHIBIT A-1 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Detailed Prints {00021754 / 2 } EXHIBIT A-2 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Shoofly TrackPrint {00021754 / 2 } EXHIBIT A-3 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Permanent Rights Survey Prints {00021754 / 2 } EXHIBIT A-4 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Permanent Rights Legal Descriptions {00021754 / 2 } EXHIBIT A-5 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Temporary Rights Survey Prints {00021754 / 2 } EXHIBIT A-6 To New Public Highway Underpass Crossing Agreement Cover Sheet for the Temporary Rights Legal Descriptions {00021754 / 2 } EXHIBIT B To New Public Highway Underpass Crossing Agreement Cover Sheet for the General Terms and Conditions {00021754 / 2 } UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 EXHIBIT B TO PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT GENERAL TERMS AND CONDITIONS SECTION 1 -CONDITIONS AND COVENANTS a) The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The District shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the District shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the District for the purpose of conveying electric power or communications incidental to the District's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its Districts now or hereafter located upon said property. No nonparty shall be admitted by the District to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. b) The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes in such manner as not unreasonably to interfere with its use as a public highway. In the event the Railroad shall place tracks upon the Crossing Area, the District shall, at its sole cost and expense, modify the highway to conform with the rail line. c) The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. The District shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the railroad property, unless the District at its own expense settles with and obtains releases from such nonparties. d) The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; also the right to cross the Crossing Area with all kinds of equipment. The Railroad further reserves the right to attach signal, communication or power lines to any highway facilities located upon the property, provided that such attachments shall comply with District's specifications and will not interfere with the use of the Crossing Area. e) So far as it lawfully may do so, the District will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. f) If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Structure and its appurtenances, or for the performance of any work in connection with the Project, the District will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2 -CONSTRUCTION OF STRUCTURE a) The District, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. b) Except as may be otherwise specifically provided herein, the District, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Structure and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper drainage facilities, guard rails or barriers, and right of way fences between the Structure and the railroad tracks. Upon completion of the Project, the District shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. c) All construction work of the District upon the Railroad's property (including, but not limited to, construction of the Structure and all appurtenances and all related and incidental work) shall be performed and completed in a manner {00021754 / 2 }General Terms & Conditions Page 1 of 5 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 satisfactory to the Assistant Vice President Engineering - Design of the Railroad or his authorized representative and Exhibit D in accordance with the Plans, the Railroad’s Minimum Requirements set forth in and other guidelines furnished by the Railroad. d) All construction work of the District shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by the Railroad's Assistant Vice President Engineering - Design. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the District. The District hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the Railroad. SECTION 3 -INJURY AND DAMAGE TO PROPERTY If the District, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the District is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the District at the District's own expense, or by the Railroad at the expense of the District, and to the satisfaction of the Railroad's Assistant Vice President Engineering - Design. SECTION 4 -RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the District of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the District shall reimburse the Railroad for the amount of the contract. SECTION 5 -MAINTENANCE AND REPAIRS a) Fraser at its expense, shall maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Structure, including the waterproofing and below, and further including, but not limited to, the superstructure, substructure, piers, abutments, walls, approaches and all backfill, grading and drainage required by reason of the Structure, as well as all graffiti removal or over-painting involving the Structure. b) The Railroad, at its expense, will maintain, repair and renew, or cause to be maintained, repaired and renewed, above the waterproofing, including, but not limited to, the rails, ties, ballast and communication and signal facilities owned by the Railroad. SECTION 6 -SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the District that the work will be performed in a safe manner and in conformity with the following standards: Definitions a). All references in this Agreement to the District shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the District shall include work both within and outside of the Railroad’s property. Entry on to Railroad's Property by District. If the District's employees need to enter Railroad's property in order to b) perform an inspection of the Structure, minor maintenance or other activities, the District shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the District, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the District’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of District’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. {00021754 / 2 }General Terms & Conditions Page 2 of 5 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 Flagging c) . (i) If the District's employees need to enter Railroad's property as provided in Paragraph B above, the District agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by District in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform District whether a flagman need be present and whether District needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill District for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, District agrees that District is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, District shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though District may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, District must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, District will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Compliance With Laws d). The District shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The District shall use only such methods as are consistent with safety, both as concerns the District, the District's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The District (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the District to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the District shall reimburse and, to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The District further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. No Interference or Delays e). The District shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. {00021754 / 2 }General Terms & Conditions Page 3 of 5 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 Supervision f). The District, at its own expense, shall adequately police and supervise all work to be performed by the District, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the District for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the District with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the District will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. Suspension of Work g). If at any time the District's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the District is being or is about to be done or prosecuted without due regard and precaution for safety and security, the District shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. Removal of Debris. The District shall not cause, suffer or permit material or debris to be deposited or cast upon, or h) to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the District at the District's own expense or by the Railroad at the expense of the District. The District shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. Explosives i). The District shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. Excavation j). The District shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The District shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The District, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the District in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. Drainage k) . The District, at the District's own expense, shall provide and maintain suitable facilities for draining the Structure and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The District, at the District's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the District, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The District shall not obstruct or interfere with existing ditches or drainage facilities. Notice. Before commencing any work, the District shall provide the advance notice that is required under the l) Contractor’s Right of Entry Agreement. Fiber Optic Cables m). Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. District shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the District. If it is, District will telephone the telecommunications company(ies) involved, arrange for a cable {00021754 / 2 }General Terms & Conditions Page 4 of 5 Exhibit B UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 7INTERIM WARNING DEVICES - If at anytime it is determined by a competent authority, by the District, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the District shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the Structure has been completed. SECTION 8OTHER RAILROADS - All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 9 BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of District for a period of three (3) years following the date of Railroad's last billing sent to District. SECTION 10 REMEDIES FOR BREACH OR NONUSE - a) If the District shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Structure and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the District will reimburse the Railroad for the expenses thereof. b) With the exception of nonuse by reason of repairs or reconstruction, nonuse by Fraser of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the District hereunder. The District will surrender peaceable possession of the Crossing Area and Structure upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 11 MODIFICATION - ENTIRE AGREEMENT - No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the District and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the District shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the District and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. {00021754 / 2 }General Terms & Conditions Page 5 of 5 Exhibit B EXHIBIT C To New Public Highway Underpass Crossing Agreement Cover Sheet for the Railroad’s Material and Force Agreement Estimates {00021754 / 2 } SUMMARY OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD COMPANY FOR THE CORNERSTONE LLC DESCRIPTION OF WORK: Perform flagging services for Cornerstone Holdings LLC during the construction and installation of New Grade Separated Crossing. Flagging will be billed to Cornerstone LLC on an actual cost basis. LOCATION: Fraser, Colorado SERVICE UNIT:01 STATE: CO DATE: March 04, 2014 DESCRIPTION UPRR CORNERSTONE TOTAL FLAGGING SERVICES FLAGGING (100 days $1267) $126,700 $126,700 PLAN REVIEW& ENGR INSPECTION $35,000 $35,000 UPRR ENGR & CONSTRUCTION AT-GRADE CROSSING CLOSURE SURFACE & SIGNAL REMOVAL THEORETICAL STRUCTURE $2,232,958 $2,232,958 50% CONTRIBUTION TOTAL PROJECT $2,394,658 EXISTING REUSABLE MATERIAL – NONE SALVAGE NONUSABLE MATERIAL - NONE TOTAL ESTIMATED COST OF PROJECT LESS CREDITS $2,394,658 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OF DECREASE IN THE COST OF AMOUNT OF MATERIAL OR LABOR REQUIRED, CORNERSTONE LLC WILL BE BILLED FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT RATES EFFECTIVE THEREOF. EXHIBIT D To New Public Highway Underpass Crossing Agreement Cover Sheet for the Railroad’s Coordination Requirements UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 EXHIBIT D TO PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT RAILROAD COORDINATION REQUIREMENTS 1.01 DEFINITIONS Agreement: Agreement that has been signed, or will be signed, between Railroad and Agency covering the construction and maintenance of the Project. Agency: West Mountatin Metropolitan District and the Town of Fraser, Colorado AREMA: American Railway Engineering and Maintenance-of-way Association Contractor: The contractor or contractors hired by the Agency to perform any project work on any portion of Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority. MUTCD: Manual on Uniform Traffic Control Devices Project: New Public Highway Underpass Crossing Railroad: Union Pacific Railroad Company Railroad Project Representative: Railroad's Manager of Industry and Public Projects for this Project (see Section 1.03) Railroad MTM Representative: Railroad's Manager of Track Maintenance for this Project (see Section 1.03) Requirements: The Railroad Coordination Requirements set forth in this Exhibit. 1.02 DESCRIPTION This Project includes construction work within Railroad’s right-of-way. These Requirements describe coordination with the Railroad when work by the Contractor will be performed upon, over or under the Railroad right-of-way or may impact current or future Railroad operations. The Contractor will coordinate with the Railroad while performing the work outlined in this Agreement and shall afford the same cooperation with the Railroad as it does with the Agency. All submittals and work shall be completed in compliance with these Requirements, Railroad guidelines and requirements, AREMA recommendations and/or as directed by the Railroad Local Representative and/or the Railroad MTM Representative. 1.03 UPRR CONTACTS The Railroad Project Representative for this project is: SHERMAN SPEAR MGR INDUSTRY AND PUBLIC PROJECTS 1400 West 52nd Avenue Denver, CO 80221 Work Phone: 303-405-5039 Cell Phone: 303-242-9768 Email: snspear@up.com For Railroad flagging services and track work, contact the following Railroad MTM Representative: SEAN W. SMITH MGR TRACK MNTCE 1400 W 52nd Ave Denver, CO 80221 Work Phone: 303-405-5036 Cell Phone: 720-273-2042 Railroad Coordination Requirements Page 1 Exhibit D UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 1.04 PLANS / SPECIFICATIONS The plans and specifications for this Project, affecting the Railroad, are subject to the written approval by the Railroad. Changes in the plans made after the execution of the Agreement and/or the awarding of the Project to the Contractor are subject to the prior review and written approval of the Agency and the Railroad. No construction work shall commence until final stamped plans and/or changes to final stamped plans have been reviewed and approved by the Railroad in writing. The Railroad's review and approval of the Agency’s and/or Contractor's plans in no way relieves the Agency and Contractor from their responsibilities, obligations and/or liabilities under this Agreement, Agency’s agreement with the Contractor for the Project and/or in the separate Contractor's Right of Entry Agreement referenced in Section 1.08. Railroad's approval will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of Agency's and/or Contractor's plans and that any reliance by the Agency or the Contractor with respect to such plans is at the risk of the Agency and the Contractor. 1.05 UTILITIES AND FIBER OPTICS A. All installations shall be constructed in accordance with current AREMA recommendations and Railroad specifications and requirements. Railroad general guidelines and the required application forms for utility installations can be found on the Railroad website at http://www.uprr.com/reus/pipeline/install.shtml. B. It shall be the responsibility of the Contractor, at its expense, to make arrangements directly with utility companies involving the protection, encasement, reinforcement, relocation, replacement, removing or abandonment in place of non-railroad facilities affected by the Project. Railroad has no obligation to supply additional Railroad property for non-railroad facilities affected by this Project, nor does the Railroad have any obligation to permit non railroad facilities to be abandoned in place or relocated on Railroad’s property. Any facility and/or utility that crosses Railroad right of way must be covered under an agreement with the Railroad including, without limitation, any relocations of an existing facility and/or utility. C. Any longitudinal fiber optic lines on Railroad right of way shall be treated as Railroad facilities. Project design may need to be altered to accommodate such facilities. D. Any fiber optic relocations or protections that are required due to this Project will be at the Agency’s expense. 1.06 GENERAL A. It is essential that the proposed construction shall be performed without interference to Railroad operations and in compliance with all applicable Railroad and Federal Railroad Administration rules and regulations. The Railroad shall be reimbursed by the Contractor or Agency for train delay costs and lost revenue claims due to any delays or interruption of train operations resulting from the Contractor’s construction or other activities. B. Track protection is required for all work equipment (including rubber tired equipment) operating within 25 feet from nearest rail. All work shall be designed and executed outside the temporary construction clearance envelope defined in Section 1.12. C. The Contractor is also advised that new facilities within the Project may be scheduled to be built by the Railroad and that certain Contractor’s activities cannot proceed until that work is complete. The Contractor shall be aware of the limits of responsibilities, allow sufficient time in the schedule for that work to be accomplished and shall coordinate its efforts with the Railroad. 1.07 RAILROAD OPERATIONS A. The Contractor shall be advised that trains and/or equipment should be expected on any track, at any time, and in either direction. The Contractor shall communicate with the Railroad MTM Representative to improve the Contractor’s understanding of Railroad traffic volume and operation at the Project site. The Contractor’s bid shall be structured assuming intermittent track windows as defined in Section 1.07 C B. All Railroad tracks within and adjacent to the Project site are to be assumed as active and rail traffic over these facilities shall be maintained throughout the Project. Activities may include both through moves and switching moves to local customers. Railroad traffic and operations can occur continuously Railroad Coordination Requirements Page 2 Exhibit D UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 throughout the day and night on these tracks and shall be maintained at all times as defined herein. The Contractor shall coordinate and schedule the work so that construction activities do not interfere with Railroad's operations. C. Work windows for this Project shall be coordinated with the Agency or Contractor and the Railroad Project Representative and the Railroad MTM Representative. Types of work windows include Conditional Work Windows and Absolute Work Windows, as defined below: 1. Conditional Work Window: A period of time in which Railroad's operations have priority over construction activities. Whenconstruction activities may occur on and adjacent to the railroad tracks within 25 feet of the nearest track, a Railroad flag person will be required. At the direction of the flag person, upon approach of a train and when trains are present on the tracks, the tracks must be cleared (i.e., no construction equipment, materials or personnel within 25 feet from the nearest active track or as directed by the Railroad MTM Representative). Conditional Work Windows are available for the project subject to Railroad's local operating unit review and approval. 2. Absolute Work Window: A period of time in which construction activities are given priority over Railroad's operations. During this time the designated Railroad track(s) will be inactive for train movements and may be fouled by the Contractor. Before the end of an Absolute Work Window, all Railroad tracks and signals must be completely operational for normal train operations. Also, all Railroad, Public Utilities Commission and Federal Railroad Administration requirements, codes and regulations for operational tracks must be complied with. Should the operating tracks and/or signals be affected, the Railroad will perform inspections of the work prior to placing the affected track back into service. Railroadflag persons will be required for construction Absolute Work Windows will generally not be granted. activities requiring an Absolute Work Window. Any request will require a detailed written explanation for Railroad review and approval. 1.08 RIGHT OF ENTRY, ADVANCE NOTICE AND WORK STOPPAGES A. Prior to beginning any work within the Railroad right-of-way, the Contractor shall enter into an agreement with the Exhibit E Railroad in the form of the Contractor’s Right of Entry Agreement, attached as, or latest version thereof provided by the Railroad. There is a fee for processing of the agreement which shall be borne by the Contractor. The right of entry agreement shall specify working time frames, flagging, inspection and insurance requirements and any other items specified by the Railroad. B. The Contractor shall give advance notice to the Railroad as required in the Contractor’s Right of Entry Agreement before commencing work in connection with construction upon or over Railroad’s right-of-way and shall observe the Railroad rules and regulations with respect thereto. C. All work upon the Railroad right-of-way shall be done at such times and in such a manner as not to interfere with or endanger the operations of the Railroad. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the Railroad MTM Representative for approval, but such approval shall not relieve the Contractor from liability. Any work to be performed by the Contractor, which requires flagging service or inspection service, shall be deferred until the flagging protection required by the Railroad is available at the job site. See Section 1.21 for railroad flagging requirements. D. The Contractor shall make requests in writing to both the Railroad Project Representative and the Railroad MTM Representative for both Absolute and Conditional Work Windows, at least two weeks in advance of any work. The written request must include: 1. Description of work to be done. 2. The days and hours that work will be performed. 3. The exact location of the work and proximity to the tracks. 4. The type of window and amount of time requested. 5. The designated contact person for the Contractor. The Contractor shall provide a written confirmation notice to the Railroad MTM Representative at least fifteen (15) days prior to commencing work in connection with the approved work windows when work will be performed 25 feet of any track center line. within All work shall be performed in accordance with previously approved work Railroad Coordination Requirements Page 3 Exhibit D UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 plans. E. Should a condition arise from, or in connection with, the work which requires immediate and unusual actions to be made to protect operations and property of the Railroad, the Contractor shall undertake such actions. If, in the judgment of the Railroad MTM Representative, such actions are insufficient, the Railroad MTM Representative may require or provide such actions as deemed necessary. In any event, such actions shall be at the Contractor’s expense and without cost to the Railroad. The Railroad or Agency have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the Railroad MTM Representative, the Contractor’s operations may inhibit the Railroads operations. In the event such an order is given, the Contractor shall immediately notify the Agency of the order. 1.09 INSURANCE The Contractor shall not begin work within the Railroad’s right-of-way until the Railroad has been furnished the insurance policies, binders, certificates and endorsements required by the Contractor’s Right-of-Entry Agreement, and the Railroad Project Representative has advised the Agency that such insurance is in accordance with such Agreement. The required insurance shall be kept in full force and effect during the performance of work and thereafter until the Contractor removes all tools, equipment, and material from Railroad property and cleans the premises in a manner reasonably satisfactory to the Railroad. 1.10 RAILROAD SAFETY ORIENTATION All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course “Orientation for Contractor’s Safety” and be registered prior to working on Railroad property. This orientation is available at www.contractororientation.com. This course is required to be completed annually. The precedin training does not apply for longitudinal fiber optic installations. 1.11 COOPERATION The Railroad shall cooperate with the Contractor in the scheduling of Project work with the understanding that Railroad’s train operations at the job site shall have priority over the Contractor’s activities. 1.12 CONSTRUCTION CLEARANCES The Contractor shall abide by the twenty-one (21) foot temporary vertical construction clearance defined in section 4.4.1.1 and twelve (12) foot temporary horizontal construction clearance defined in section 4.4.1.2 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. It shall be the Contractor's responsibility to obtain such guidelines from the Agency or Railroad. Reduced temporary construction clearances, which are less than construction clearances defined above, will require special review and approval by the Railroad. Any proposed variance on the specified minimum clearances due to the Contractor’s operations shall be submitted to the Railroad Project Representative through the Agency at least thirty (30) days in advance of the work. No work shall be undertaken until the variance is approved in writing by the Railroad Project Representative. 1.13 SUBMITTALS A. Construction submittals and Requests for Information (RFI) shall be submitted per Section 3.5 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. B. The minimum review times, as indicated in tables 3-1 and 3-2 of Section 3.5 of the BNSF and UPRR Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals. Guidelines for Railroad Grade Separation Projects, should be anticipated for review of all submittals. The details of the construction affecting the Railroad tracks and property, not already included in the contract plans, shall be submitted by the Agency to the Railroad Project Representative for the Railroad’s review and written approval before such construction is undertaken. The Railroad shall not be liable to Agency, Contractor, and or any other person or entity if the Railroad’s review exceeds a four-week review time. Railroad Coordination Requirements Page 4 Exhibit D UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 C. As Built Submittals shall be submitted per Section 3.6 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. 1.14 MAINTENANCE OF PROPER DRAINAGE AND DAMAGE TO RAILROAD FACILITIES A. The Contractor, at its expense, shall be required to maintain all ditches and drainage structures free of silt or other obstructions which may result from the Contractor’s operations and to repair and restore any Railroad property, tracks and facilities of Railroad and/or its tenants. B. The Contractor must submit a proposed method of erosion control and have the method reviewed and approved by the Railroad prior to beginning any grading on the project site. Erosion control methods must comply with all applicable local, state and federal regulations. 1.15 SITE INSPECTIONS BY RAILROAD PROJECT REPRESENTATIVE, RAILROAD MTM REPRESENTATIVE OR RAILROAD'S CONTRACTOR A. In addition to the office reviews of construction submittals, site observations will be performed by the Railroad Project Representative, Railroad MTM Representative or Railroad's Contractor at significant points during construction per Section 4.11 of BNSF and UPRR Guidelines for Railroad Grade Separation Projects. B. Site inspections are not limited to the milestone events listed in the guidelines. Site visits to check the progress of work may be performed at any time throughout the construction process as deemed necessary by the Railroad. C. A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and construction sequence for all work to be performed, shall be provided by the Contractor to the Agency for submittal to the Railroad’s Project Representative for review and approval prior to commencement of work. This schedule shall also include the anticipated dates on which the above listed events will occur. This schedule shall be updated for all critical listed events as necessary but at least monthly so that site visits may be scheduled. 1.16 RAILROAD REPRESENTATIVES A. Railroad representatives, conductors, flag persons or watch persons will be provided by the Railroad at the expense of the Agency or Contractor (as stated elsewhere in these bid documents) to protect Railroad facilities, property and movements of its trains and engines. In general, the Railroad will furnish such personnel or other protective services as follows: 1. When any part of any equipment or object, such as erection or construction activities, is standing or being operated within 25 feet, measured horizontally from centerline, of any track on which trains may operate. 2. For any excavation below the elevation of track subgrade when, in the opinion of the Railroad MTM Representative, the track or other Railroad facilities may be subject to settlement or movement. 3. During any clearing, grubbing, excavation or grading in proximity to Railroad facilities which, in the opinion of the Railroad MTM Representative, may affect Railroad facilities or inhibit operations. 4. During any Contractor’s operations when, in the opinion of the Railroad MTM Representative, the Railroad facilities, including, but not limited to, tracks, buildings, signals, wire lines or pipe lines, may be endangered. B. The Contractor shall arrange with the Railroad Local Representative to provide the adequate number of flag persons to accomplish the work. 1.17 WALKWAYS REQUIRED Parallel to the outer side of each exterior track of multiple operated track and on each side of single operated track, an unobstructed continuous space suitable for trainman’s use in walking along trains, extending in width not less than twelve feet (12’) perpendicular from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during working hours must be covered, guarded and/or protected as soon as practical. Walkways with railings shall be constructed by the Contractor over open excavation areas when in close proximity of track, and railings shall not be closer than 9’ perpendicular from the center line of tangent track or 9’ – 6”horizontal from curved track. Railroad Coordination Requirements Page 5 Exhibit D UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 1.18 COMMUNICATIONS AND SIGNAL LINES If required, the Railroad, at Agency's expense, will rearrange its communications and signal lines, grade crossing warning devices, train signals, tracks and facilities that are in use and maintained by Railroad forces in connection with its operation. This work by the Railroad will be done by its own forces or by contractors under a continuing contract and may or may not be a part of the work under this contract. 1.19 TRAFFIC CONTROL The Contractor’s operations which control traffic across or around Railroad facilities shall be coordinated with and approved by the Railroad MTM Representative and shall be in compliance with the MUTCD. 1.20 CONSTRUCTION EXCAVATIONS;CALL BEFORE YOU DIG NUMBER A. The Contractor shall be required to take special precautions and care in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring shall comply with requirements of OSHA, AREMA and Railroad “Guidelines for Temporary Shoring”. B. In addition to calling the “811” number and/or the local “one call center”, the Contractor shall call the Railroad’s “Call Before Your Dig” number at least 48 hours prior to commencing work at 1-800-336-9193 during normal business hours (6:30 a.m. to 8:00 p.m. Central Standard Time, Monday through Friday, except holidays - also a 24 hour, 7 day a week number for emergency calls) to determine location of fiber optics. If a telecommunications system is buried anywhere on or near Railroad property, the Contractor will co-ordinate with the Railroad and the Telecommunication Company(ies) to arrange for relocation or other protection of the system prior to beginning any work on or near Railroad property. The determination of whether fiber optics will be affected by the Project shall be made during the initial design phase of the Project. C. The Railroad does not allow temporary at grade crossings unless absolutely necessary and there is no alternative route available to contractor to access the project site. Alternative plans should be considered to avoid crossing Railroad tracks at grade. 1.21 RAILROAD FLAGGING Performance of any work by the Contractor in which person(s) or equipment will be within twenty-five (25) feet of any track, or that any object or equipment extension (such as, but not limited to, a crane boom) will reach within twenty-five (25) feet of any track, require railroad flagging services or other protective measures. The Contractor shall give an advance notice to the Railroad as required in the Contractor’s Right of Entry Agreement before commencing any such work, allowing the Railroad to determine the need for flagging or other protective measures which ensure the safety of Railroad’s operations, employees and equipment. Contractor shall comply with all other requirements regarding flagging services covered by the Contractor’s Right of Entry Agreement. Any costs associated with failure to abide by these requirements will be borne by the Contractor. The estimated pay rate for each flag person is $1,267.00 per day for an 8 (eight)-hour work day with time and one-half for overtime, Saturdays, Sundays; double time and one-half for holidays. Flagging rates are set by the Railroad and are subject to change due to, but not limited to, travel time, setup plus, per diem and rest time (if work is required at night). 1.22 CLEANING OF RIGHT-OF-WAY The Contractor shall, upon completion of the work to be performed within the right-of-way and/or properties of the Railroad and adjacent to its tracks, wire lines and other facilities, promptly remove from the Railroad right-of-way all Contractor’s tools, implements and other materials whether brought upon the right-of-way by the Contractor or any subcontractors employee or agent of Contractor or of any subcontractor, and leave the right-of-way in a clean and presentable condition to the satisfaction of the Railroad. Railroad Coordination Requirements Page 6 Exhibit D UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY UNDERPASS CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 1.23 CONTRACTOR’S RESPONSIBILITY OF SUPERVISION The Contractor, at its expense, shall adequately supervise all work to be performed by the Contractor. Such responsibility shall not be lessened or otherwise affected by Railroad’s approval of plans and specifications, or by the presence at the work site of the Railroad Project Representative, Railroad MTM Representative or any other Railroad representative or Railroad contractor providing inspection services, or by the compliance by the Contractor with any requests or recommendations made by such representatives. The Contractor will give due consideration to suggestions and recommendations made by such representatives for the safety and protection of the Railroad’s property and operations. 1.24 USE OF EXPLOSIVES AT PROJECT SITE PROHIBITED The Contractor’s use of explosives at the Project site is expressly prohibited unless authorized in advance in writing by the Railroad Project Representative. Railroad Coordination Requirements Page 7 Exhibit D EXHIBIT E To New Public Highway Underpass Crossing Agreement Cover Sheet for the Railroad’s Form of a Contractor’s Right of Entry Agreement {00021754 / 2 } UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 UPRR Folder No. 2866-12 UPRR Audit No.: _______________ (Audit Number) CONTRACTOR’S RIGHT OF ENTRY AGREEMENT ___________________________________________________________ (COLORADO) THIS AGREEMENT is made and entered into as of the ______ day of UNION PACIFIC RAILROAD _________________________, 20______, by and between COMPANY , a Delaware corporation ("Railroad"); and _____________________________________________________________________________, (NAME OF CONTRACTOR) a ______________________ corporation ("Contractor"). (State of Incorporation) RECITALS : Contractor has been hired by the Political Body (“Political Body”) to perform work relating to ______________________________________________________________________________ (Work to be Performed) (the "work"), with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad Mile Post ________ on Railroad's ________________________________, (Mile Post) (Name of Subdivision) DOT No. __________, located at or near __________________, in _________________County, (DOT Number) (City) (County) State of Colorado, as such location is in the general location shown on the Railroad Location Exhibit AExhibit A-1 Print marked, and as detailed on the Detailed Prints collectively marked , each attached hereto and hereby made a part hereof, which work is the subject of a contract dated ___________________ between the Railroad and the Political Body. (Date of C&M Agreement) Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT : NOW, THEREFORE , it is mutually agreed by and between Railroad and Contractor, as follows: 2866-12 Articles of Agreement Form of Contractor’s Page 1 of 4 Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 ARTICLE 1 -DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 -RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 -TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D. Exhibit B The General Terms and Conditions contained in ,the Insurance Requirements Exhibit C Exhibit D contained inand the Minimum Safety Requirements contained in , attached hereto, are hereby made a part of this Agreement. ARTICLE 4 -ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): SEAN W. SMITH KEITH A. KRUEGER MGR TRACK MNTCE MGR SIGNAL MNTCE 1400 W 52nd Ave 901 NW NORRIS ST Denver, CO 80221 TOPEKA, KS 66608 Cell Phone: 402 619-8044 Work Phone: 303- 405-5036 Cell Phone: 720- 273-2042 C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set Exhibit B forth in Section 7 of . The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 4B above. The reports shall start at the 2866-12 Articles of Agreement Form of Contractor’s Page 2 of 4 Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 execution of this Agreement and continue until this Agreement is terminated as provided in this Agreement or until the Contractor has completed all work on Railroad's property. ARTICLE 6TERM; TERMINATION. A.The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until ________________________, unless sooner terminated as herein provided, or (Expiration Date) at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten (10) days written notice to the other party in the event of a default or breach of any of the terms of this grant and the breaching or defaulting party’s failure to cure within 45 days of receipt of written notice of same or if the breach or default is not capable of being cured within 45 days then the failure to commence and diligently pursue correction of the breach or default within 45 days of the receipt of written notice of such default or breach. In the event of the failure to maintain the proper insurance, Railroad has the right to suspend Contractor’s work pending Contractor’s compliance thereof. ARTICLE 7CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the (i) insurance Exhibit C binders, policies, certificates and endorsements set forth in of this Agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 Exhibit B of of this Agreement. B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179-1690 UPRR Folder No. 2866-12 ARTICLE 8DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 9CROSSINGS. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. 2866-12 Articles of Agreement Form of Contractor’s Page 3 of 4 Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 ARTICLE 10 -CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A.No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 11 - EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF , the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: ______________________________________ JASON E. MASHEK Assistant Real Estate Manager - Contracts ______________________________________ (NAME OF CONTRACTOR) By_______________________________________ Printed Name:______________________________________ Title______________________________________________ 2866-12 Articles of Agreement Form of Contractor’s Page 4 of 4 Right of Entry Agreement RAILROAD LOCATION PRINT ACCOMPANYING A CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Grand Park Drive Underpass – DOT #921-217F M.P. 60.16 – Moffat Tunnel Subdivision Fraser, Grand County, Colorado Construction of New Public Highway UnderpassCrossing Structure. EXHIBIT “A” UNION PACIFIC RAILROAD COMPANY MOFFAT TUNNEL SUBDIVISION RAILROAD MILE POST 60.16 FRASER, GRAND COUNTY, COLORADO To accompany a Contractor’s Right of Entry Agreement with the WEST MOUNTAIN METROPOLITAN DISTRICT AND THE TOWN OF FRASER AND/OR THEIR CONTRACTORS . covering a New Grade Separated Underpass Structure construction project Folder No. 2866-12 Date: September 29, 2014 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 Exhibit A Railroad Location Print UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT TERMS AND CONDITIONS Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least thirty (30) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be Exhibit B CROE AGREEMENT (Colorado) Page 1 of 4 Standard Form Approved: AVP-Law 03/01/2013 General Terms and Conditions UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Exhibit B CROE AGREEMENT (Colorado) Page 2 of 4 Standard Form Approved: AVP-Law 03/01/2013 General Terms and Conditions UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety Exhibit D standards listed in , hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a non-delegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable law, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees (individually an “Indemnified Party” or collectively "Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by Contractor. B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. This right to indemnity shall not apply to punitive or exemplary damages awarded against any indemnified party by a court of competent jurisdiction. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party. Exhibit B CROE AGREEMENT (Colorado) Page 3 of 4 Standard Form Approved: AVP-Law 03/01/2013 General Terms and Conditions UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. Exhibit B CROE AGREEMENT (Colorado) Page 4 of 4 Standard Form Approved: AVP-Law 03/01/2013 General Terms and Conditions UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT INSURANCE REQUIREMENTS Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad’s property has been completed and the Contractor has removed all equipment and materials from Railroad’s property and has cleaned and restored Railroad’s property to Railroad’s satisfaction, the following insurance coverage: A. COMMERCIAL GENERAL LIABILITY INSURANCE . Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. BUSINESS AUTOMOBILE COVERAGE INSURANCE . Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site. Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90)if required by law. C. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE. Coverage must include but not be limited to: Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. RAILROAD PROTECTIVE LIABILITY INSURANCE . Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage)on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this Agreement. Contractor shall provide this Agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruction such agent(s) and/or broker(s) to procure the insurance coverage required by this Agreement. A BINDER OF INSURANCE Exhibit C CROE AGREEMENT (Colorado) Page 1 of 2 Standard Form Approved: AVP-Law 03/01/2013 Insurance Requirements UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. UMBRELLA OR EXCESS INSURANCE . If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy. F.POLLUTION LIABILITY INSURANCE. Pollution Liability coverage must be included when the scope of the work as defined in the Agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in a separate policy form or by endorsement to Contractors CGL or RPL. In an form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. OTHER REQUIREMENTS G. All policy(ies) required above (except worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad’s negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. Exhibit C CROE AGREEMENT (Colorado) Page 2 of 2 Standard Form Approved: AVP-Law 03/01/2013 Insurance Requirements UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 EXHIBIT D TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. CLOTHING A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor’s employees must wear: i. Waist-length shirts with sleeves. ii. Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. iii. Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. PERSONAL PROTECTIVE EQUIPMENT Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. i. Hard hat that meets the American National Standard (ANSI) Z89.1 – latest revision. Hard hats should be affixed with Contractor’s company logo or name. ii. Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 – latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. iii. Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: 100 feet of a locomotive or roadway/work equipment 15 feet of power operated tools 150 feet of jet blowers or pile drivers 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection – plugs and muffs) iv. Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. ON TRACK SAFETY Contractor is responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection regulations – 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: i. Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. Exhibit D CROE AGREEMENT (Colorado) Page 1 of 2 Standard Form Approved: AVP-Law 03/01/2013 Minimum Safety Requirements UNION PACIFIC RAILROAD COMPANY CROE AGREEMENT (Colorado) Standard Form Approved: AVP-Law 03/01/2013 ii. Wear an orange, reflectorized workwear approved by the Railroad Representative. iii. Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. EQUIPMENT A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor’s equipment is unsafe for use, Contractor shall remove such equipment from Railroad’s property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: i. Familiar and comply with Railroad’s rules on lockout/tagout of equipment. ii. Trained in and comply with the applicable operating rules if operating any hy-rail equipment on-track. iii. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. GENERAL SAFETY REQUIREMENTS A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration’s Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: i. Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. ii. Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. iii. In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). iv. Avoid walking or standing on a track unless so authorized by the employee in charge. v. Before stepping over or crossing tracks, look in both directions first. vi. Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. Exhibit D CROE AGREEMENT (Colorado) Page 2 of 2 Standard Form Approved: AVP-Law 03/01/2013 Minimum Safety Requirements EXHIBIT F To New Public Highway Underpass Crossing Agreement Cover Sheet for the Railroad’s Form of Easement Deed {00021754 / 2 } UNION PACIFIC RAILROAD COMPANY EASEMENT DEED Form Approved: AVP-Law After Recording, Return To: _____________________________________________________________________ Space Above This Line for County Recorder's Use UPRR Folder No.: 2866-12 EASEMENT DEED THIS INSTRUMENT is made this ____ day of ___________________, 20____, UNION PACIFIC RAILROAD COMPANY by and between , a Delaware corporation (the WEST MOUNTAIN METROPOLITAN DISTRICT "Grantor"), and the , a quasi-municipal metropolitan district organized pursuant to Title 32, Colorado Revised Statutes of the TOWN OF FRASER State of Colorado, and the , a political subdivision of the State of Colorado (the "Grantee"): 1. Grantor, for and in consideration of the sum of CONVEYANCE FEE DOLLARS ($Fee) and in consideration of the mutual covenants contained herein, hereby grants to Grantee, its successors and assigns, subject to the conditions herein contained, a permanent, non-exclusive easement to construct, use, maintain, repair, reconstruct and renew a public roadway underpass beneath a railroad bridge on and under the portion of Grantor’s property described in Exhibit A, attached hereto and hereby made a part hereof, with such property hereinafter referred to as the “Property” and being located near Grantor’s Mile Post Mile Post, DOT No. DOT Number, on its Name of Subdivision, in or near City, County & State, together with a permanent, non- exclusive easement to construct, install, maintain, repair and replace a public street, and related and necessary drainage facilities to be constructed or installed by or on behalf of Grantee beneath said railroad bridge and across the Property according to and consistent with the Detailed Prints attached hereto as Exhibit A-1. Grantor's grant also includes the construction and maintenance of future pedestrian trails if the easement area can accommodate them, if they are approved by the Colorado Public Utilities Commission, and if a separate construction and maintenance agreement has been signed. 2. This grant is subject to (i) the terms and conditions of a separate agreement between the Grantor and Grantee dated ____________________, covering (Date of C&M Agreement) Grantee’s Construction Project Number Project Number and (ii) all prior and outstanding licenses, leases, easements, restrictions, conditions, covenants, liens and claims of title 2866-12 Page 1 09/03/2014 UNION PACIFIC RAILROAD COMPANY EASEMENT DEED Form Approved: AVP-Law which may affect the Property, whether recorded or unrecorded, and the word "grant" as used herein shall not be construed as a covenant against the existence of any thereof. 3. This grant is made subject to the prior and continuing right and obligation of Grantor, its successors and assigns, to use all the Property in the performance of its duty as a common carrier, and there is reserved unto Grantor, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain, repair, use and operate existing and future transportation, communication and pipeline facilities and appurtenances in, upon, over, under, across and along the Property. Grantor may move equipment of all types on, along and over the grant area. 4. If the Property, or any portion thereof, shall cease to be needed for public highway purposes, then and in that event, the rights herein granted shall, as to such portion(s), thereupon cease and terminate and Grantor, its successors and assigns, shall resume possession thereof of such portion(s) of the Property. In such circumstances, the Grantee, if so requested by Grantor, shall execute and deliver to Grantor a quitclaim and release document in recordable form that releases the grant of rights contained herein. IN WITNESS WHEREOF, the Grantor and Grantee have each duly executed this instrument as of the date first herein written. UNION PACIFIC RAILROAD COMPANY ATTEST: 94-6001323 (Federal Tax ID #) __________________________________ By________________________________ BEVERLY J. KUBAT DANIEL A. LEIS Assistant Secretary General Director Real Estate (Seal) Accepted:Accepted: WEST MOUNTAIN METROPOLITAN TOWN OF FRASER DISTRICT By________________________________ By________________________________ Printed Name:___________________________________ Printed Name:___________________________________ Title:_________________________________________ Title:_________________________________________ 2866-12 Page 2 09/03/2014 ACKNOWLEDGMENT STATE OF NEBRASKA ) ) ss: COUNTY OF DOUGLAS ) On this ____ day of _______________, 20____, before me, Jason E. Mashek, a Notary Public in and for said County and State, personally appeared Daniel A. Leis and Beverly J. Kubat who are the General Director Real Estate and the Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. __________________________________ Jason E. Mashek Notary Public for and in said State (Affix Seal Here) My commission expires: September 18, 2017 ACKNOWLEDGMENT STATE OF STATE ) ) ss: COUNTY OF NAME OF COUNTY ) On this ____ day of _______________, 200___, before me, a Notary Public in and for said County and State, personally appeared ______________________________________________________________________ (Name of Individual Executing Agreement for the Political Body) who is the _____________________________________________________________ (Title of Individual Executing Agreement for the Political Body) of the Name of Political Body, and who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to in the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. __________________________________ (Signature of Notary of the Public) Notary Public for and in said State (Affix Seal Here) My commission expires: _________________ ACKNOWLEDGMENT STATE OF STATE ) ) ss: COUNTY OF NAME OF COUNTY ) On this ____ day of _______________, 200___, before me, a Notary Public in and for said County and State, personally appeared ______________________________________________________________________ (Name of Individual Executing Agreement for the Political Body) who is the _____________________________________________________________ (Title of Individual Executing Agreement for the Political Body) of the Name of Political Body, and who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to in the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. __________________________________ (Signature of Notary of the Public) Notary Public for and in said State (Affix Seal Here) My commission expires: _________________ TOWN OF FRASER RESOLUTION NO. 2014-10-01 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONSTRUCTION AND MAINTENANCE AGREEMENT WITH UNION PACIFIC RAILROAD FOR A HIGHWAY-RAIL GRADE SEPERATION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Mayor is hereby authorized to execute a contract for Construction and Maintenance Agreement with Union Pacific Railroad. th DULY MOVED, SECONDED, AND ADOPTED THIS 15 DAY OF OCTOBER, 2014. TOWN OF FRASER Peggy Smith, Mayor ATTEST: Lu Berger, Town Clerk TOWN OF FRASER BOARD OF TRUSTEES Resolution No. 2014-10-03 A RESOLUTION AUTHORIZING ACCEPTANCE OF THE LOW BID AND AWARD OF THE CONSTRUCTION CONTRACT FOR THE FRASER US40 HIGHWAY IMPROVEMENT PROJECT, SUBJECT TO CERTAIN CONDITIONS. WHEREAS, the Fraser Board of Trustees previously adopted Resolution No. 2014-05- 07, which authorized the execution of anintergovernmental agreement with the Colorado Department of Transportation ("CDOT") and a local funding agreement with Rendezvous Colorado, LLC and Grand Park Development, LLC in (collectively, the "RAMP Agreements"), in order to facilitate the construction of the Fraser US40 Highway Improvement Project referred to those agreements (the "RAMP Project"); and WHEREAS, the RAMP Project has proceeded through the design phase and the construction work has been advertised for bids in accordance with the provisions of said RAMP Agreements, with a bid opening scheduled for October 17, 2014; and WHEREAS, the Board wishes to authorize acceptance of the low, qualified bid received and the award of the construction contract to the successful bidder, provided that such low bid is consistent with the previously approved budget for the RAMP Project and permitted adjustments to such budget as provided in the RAMP Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: 1. The Board of Trustees hereby authorizes the Town Manager to accept the low, qualified bid received or negotiated for construction of the RAMP Project improvements, provided that the amount of such bid, when aggregated with the other actual or estimated costs of the RAMP Project, is consistent with the approved budget as provided in the RAMP Agreements; or if such bid and other costs exceed the approved budget, the Town Manager is authorized to accept such bid provided that Grand Park, LLC and Rendezvous Colorado, LLC deposit the additional funds necessary to cover the excess costs over the approved budget. If the foregoing conditions are not satisfied, the Town Manager is authorized to reject the bids received and to terminate the RAMP Agreements or to rebid the Project, in consultation with CDOT and the local funding partners. 2. Upon acceptance of the low, qualified bid, the Town Manager or his designee is authorized to issue a notice of award and take such actions as may be necessary to confirm the award to the contract to the successful bidder, and the Mayor and Town Clerk are authorized to execute a construction contract with the successful bidder in accordance with and upon satisfaction of all conditions provided in the approved bid documents.. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES th THIS 15 DAY OF OCTOBER, 2014. Votes in favor: ___ BOARD OF TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Absent: ___ Abstained: ___ BY:_____________________________ Mayor ATTEST: ( S E A L ) _______________________________ Town Clerk MEMORANDUM OF UNDERSTANDING th MEMORANDUM OF UNDERSTANDING This(the “MOU”) is made and entered into this 15 day of October, 2014 in order to memorialize the terms of agreement for the Volunteer Winter HEADWATERS TRAIL ALLIANCE Grooming Program on the Fraser River Trail between the The Town of Fraser,Fraser Board of Trustees (hereinafter “HTA”) and by and through its (hereinafter “TOWN”). RECITALS: WHEREAS, the Fraser River Trail is owned by the TOWN and is located on open space owned by the TOWN or within easements held by the TOWN; and WHEREAS, HTA was formed to advocate and manage trails in Grand County, Colorado and the incorporated areas set forth in the Plan; and WHEREAS, HTA is in partnership with the TOWN to preserve, protect, build and maintain trails in the TOWN and throughout Grand County and both entities share the common goal of creating and sustaining the public system of networked trails and access for all appropriate recreational users; and WHEREAS, the parties desire to enter into an agreement regarding their rights and Contract obligations for Volunteer Winter Trail Grooming. NOW THEREFORE BE IT AGREED AS FOLLOWS: RIGHTS AND OBLIGATIONS OF THE PARTIES: 1. HTA has agreed to establish and manage a Winter Trail Grooming Program for the Fraser River Trail. coordinate 2. HTA will assume all responsibilities for the program which will include, at a minimum, the following: a. HTA will ensure that all volunteers execute appropriate liability waivers and release forms. b. All volunteers will be provided with appropriate safety training and grooming education to ensure safe grooming operations and safe trail conditions for trail users (including but not limited to pedestrians, snowshoes, nordic skiers, and bicyclists). c. All volunteer groomers must wear/use appropriate safety equipment and proper winter clothing. d. All volunteers must wear safety vest and have orange pole-mounted safety flag on equipment during grooming operations. e. “GROOMERS ON TRAIL” signage shall be posted during grooming operations in appropriate locations to inform users of operations ahead. f. Volunteers shall be prepared to respond to inquiries from the general public/trail users regarding the nature of the grooming operations and that no unauthorized motorized vehicles are permitted on TOWN trails. 1 g. HTA and volunteers are not authorized to make any changes to trail alignments or any other trail improvements without prior approval from TOWN. h. HTA will immediately provide TOWN with a written report regarding any safety concerns noted on the trail and any accidents or incidents that may occur during grooming operations. i. HTA will incorporate any other appropriate program requirements and volunteer arrangements to implement the Winter Grooming Program. HTA will provide Town with contract for Town approval prior to j. HTA execution. Contractor will coordinate grooming operations with Town and contract will provide that contractor will remedy any damage to Town facilities or safety concerns caused by grooming operations immediately upon notice by TOWN or other timeframe as agreed to by both parties. 3. The TOWN agrees to support the Winter Trail Grooming Program as follows: a. The TOWN will use reasonable efforts to avoid excessive snow storage within areas needed for grooming access to the trail or at locations where the trail crosses a roadway. HTA recognizes that public safety along roadways will take precedence in the TOWN’s snow management operations, and TOWN will use its best efforts to incorporate HTA requests to change snow management practices to accommodate the Winter Trail Grooming Program. b. The TOWN makes no representation that the existing bridges on the trail are adequate to support grooming equipment, but, will use reasonable efforts to make improvements to bridges and other improvements necessary to support the Winter Trail Grooming Program. c. The TOWN is currently a funding partner of HTA. The TOWN is not committing Will fund this program not to any further financial support to this program. exceed $3,000. 4. HTA agrees to coordinate any grooming or maintenance activities with the TOWN and further agrees to work around any activities performed by the TOWN during the course of normal business and any special events that may be occurring during the winter season. HTA will provide contact information to the Fraser Winter Park Police Department along with information regarding scheduled operations. 5. Winter Trail Grooming Operations are not TOWN operations and volunteers or employees related to the program are not TOWN employees, contractors, or agents. 6. The TOWN may require any changes to the Winter Trail Grooming Program it deems necessary to ensure the safety of trail users or the general public. 7. HTA and/or the TOWN may terminate this agreement at any time without cause upon written notice. 8. This agreement does not provide any waiver of governmental immunity as provided by Colorado Statutes. 9. This agreement provides no conveyance of property rights and is not assignable. 10. HTA agrees to indemnify and defend the TOWN for any claims resulting from the Winter Trail Grooming Program. HTA further agrees to name the TOWN as an additional insured in a form and amount acceptable to the TOWN, and provide the TOWN with a 2 certificate of liability insurance coverage evidencing the TOWN as an additional insured with respect to the Winter Trail Grooming Program. 11. This agreement is effective throughout the 2014-2015 Winter or no later than May 1, 2015. 12. Notice and Certification. All notices and communications required by this contract shall be in writing and shall be either personally delivered, sent by certified United States mail, return receipt requested, to the addresses set forth below, or by facsimile to the numbers set forth below: To the HTA: Headwaters Trail Alliance The Town of Fraser P.O. Box 946 P.O. Box 370 Granby, CO 80446 Fraser, CO 80442 The terms outlined within this agreement have been accepted and agreed to by the following parties on this 4th day of September, 2013: TOWN OF FRASER ____________________________ Jeff Durbin, Town Manager ATTEST: _______________________ Lu Berger, Town Clerk \[S E A L\] HEADWATERS TRAIL ALLIANCE ___________________________ President STATE OF COLORADO ) ) ss. COUNTY OF ____________ ) Acknowledged before me on ________________, 2014, by ____________________, as (date of signing) (name of signer) _____________________ for the ____________________. Title (owner/president) (company) Witness my hand and official seal. My commission expires: 3 \[S E A L\] Notary Public 4 FRASER/WINTER PARK POLICE DEPARTMENT Memo To: Winter Park Town Council, Fraser Board of Trustees From: Glen Trainor, Chief of Police Date: October 10, 2014 Re: September, 2014 Monthly Report In the month of September, we handled a total of 214 calls for service, with 130 occurring in Winter Park, and 73 in Fraser. The remainder were other agency assists. As expected, this is a big decline from August. We also issued 17 traffic-related citations in Winter Park, and only 2 in Fraser. Of those calls, we completed a total of 42 Incident/Accident reports. A list of those reports is attached to this memorandum. In September we completed the hiring process for a new officer, and hired Robert Rauch, who officially started October 6th. Officer Rauch originally worked for Frederick and Howard County, Maryland, and most recently worked as a Police Officer and Chief of Police for the Town of Oak Creek. On October 31st, we will be hosting our annual "Trick or Treat With a Cop" event at the Historic Church in Fraser. Please feel free to stop by and have a hot drink and get some candy. If you have any questions, please do not hesitate to contact me. “COMMITTED TO EXCELLENCE” Department Incident Activity Report FWP 09/01/2014-- 9/30/2014 ClassificationEvents RptdUnfoundedActualClr ArrestClr ExceptionClr JuvenilesTotal ClrPercent Clr ABANDONED00001100.0 11 BICYCLE00001100.0 11 AGENCY ASSIST00005100.0 55 ASSIST OTHER AGENCY00005100.0 55 ANIMAL PROBLEM000000.0 11 ANIMAL ATTACK000000.0 11 ASSAULT0002100.0 222 SIMPLE ASSAULT0002100.0 222 CIVIL PROBLEM00001100.0 11 CIVIL PROBLEM00001100.0 11 DAMAGED PROPERTY000000.0 11 DAMAGED PROPERTY, BUSINESS000000.0 11 DRUNKENNESS00002100.0 22 DRUNKENNESS00002100.0 22 DUI0002100.0 222 ALCOHOL0002100.0 222 HARASSMENT000000.0 11 HARASSMENT, OTHER000000.0 11 JUVENILE PROBLEM00001100.0 11 RUNAWAY JUVENILE00001100.0 11 MISCELLANEOUS0000150.0 22 INFORMATION REPORT0000150.0 22 MISSING PERSON00001100.0 11 MISSING CHILD00001100.0 11 OBSTRUCT JUSTICE0001100.0 111 VIOLATION OF A COURT ORDER0001100.0 111 OTHER CRIMES AGAINST SOCIETY0001100.0 111 TOWN CODE VIOLATION0001100.0 111 PROPERTY00002100.0 22 FOUND PROPERTY00001100.0 11 LOST PROPERTY00001100.0 11 PROPERTY CRIMES000000.0 11 PROPERTY CRIMES000000.0 11 SUSPICIOUS00002100.0 22 SUSPICIOUS ACTIVITY00002100.0 22 THEFT000000.0 44 LARCENY, BICYCLE000000.0 11 SHOPLIFTING000000.0 11 THEFT OTHER000000.0 22 TRAFFIC ACCIDENT0000466.7 66 Department Incident Activity Report: 09/01/14 - 09/30/14Page 1 / 2 HIT/RUN, VEHICLE DAMG0000150.0 22 TRAFFIC ACCIDENT, PRIVATE PROP DAMG00001100.0 11 TRAFFIC ACCIDENT, VEHICLE DAMAGE00002100.0 22 TRAFFIC ACCIDENT. PUBLIC PROPERTY DAMG000000.0 11 TRAFFIC PROBLEM00001100.0 11 TRAFFIC OFFENSE00001100.0 11 TRESPASSING000000.0 22 TRESPASSING, PRIVATE PROPERTY000000.0 22 WARRANT0002100.0 222 LOCAL-FELONY0001100.0 111 OTHER WARRANT0001100.0 111 Event Totals421418002972.5 Department Incident Activity Report: 09/01/14 - 09/30/14Page 2 / 2 ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT GENERAL FUND - ADMIN Economic Development80% of the General Fund expenditures The 2015 Workplan should include $100,000 are funded by sales tax revenues. Less expansion of economic than 10% of the GF expenditures are development programs and dedicated to supporting our retail policies. The 2015 Budget should business community. These include include additional appropriations to Chamber, Transit, Garden/Streetscape, fund programs that result from and Enhancement Grants. While many these efforts. Such programs could other GF expenditures, such a street include expansion of the business and snow management, are necessary enhancement grant program, new for local business viability, these are not visitor wayfinding program, and included in the above number.incentive programs. Grand Enterprise InitiativeThe Grand Enterprise Initiative is a The Grand Enterprise Initiative has $5,000 grassroots economic development worked with clients in Fraser since program that offers free and confidential going countywide in 2012. The free business management coaching to and confidential business coach, anyone who wants to start or expand a Patrick Brower, has had a total of business in Grand County. In Fraser, 54 client visits with Fraser-based the initiative has worked with 10 clients entrepreneurs. They would like the for business tune-ups, expansions and Town of Fraser to consider one relocation of a business from collaboratively funding the Grand Granby to Fraser. Enterprise facilitation Enterprise Initiative in 2015 for the is a one-on-one business management amount of $5,000. The Grand coaching program developed by the Enterprise Initiative’s other funders Sirolli Institute. include the Town of Granby, Grand County, the Town of Winter Park, the Grand Foundation and the Freeport-McMoRan Copper and Gold Foundation. They are also pursuing funding from each of the towns in Grand County for 2015. ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT Berthoud Ave Control ProjectIn 2015, CDOT will be installing an Fraser contribution to the Project in $25,000 automated avalanche control system an amount proportionate to the pilot project on Berthoud Pass. The sales tax revenue differences goal and expectation is that this project between the Towns of Winter Park would increase safety and reduce and Fraser. closures. Winter Park Resort, the Board of County Commissioners, and the Town of Winter Park all committed to up to $75,000 each (for a total of $225,000). Records Management InitiativeIn 2007, we initiated significant changes Implement the proposed phase two $100,000 to our records management systems. of the enhancements that were Prior to that a Records Retention initiated in 2014. These would Schedule was adopted in 2005 and include updating the website to documents were retained with include additional materials, traditional filing systems (cabinets and scanning all remaining unscanned boxes in basement). Today documents, network hardware approximately 75% of our records are upgrades for security, and a public managed digitally and staff is currently portal for documents. implementing upgrades to fully integrate digital records management and workflow. This is being coordinated with similar efforts in GIS and Clarity. In addition to the obvious improvements to a basic administrative function, this increases productivity and public accessibility. Community Broadband Broadband and Wi-Fi access are Investigate and pursue other $250,000 Enhancementsimportant infrastructure in today's options to implement enhanced communities and economy. While broadband and community Wi- varying degrees of broadband are Fi___33. available, enhancements are necessary to meet current demands and expectations. ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT Public ArtIn the late 1980's thru the early 2000's Solicit Proposals for CR 804 Bus $0 the Town of Fraser was engaged in a Shelter? community public art program with Jim Hoy. Currently, we are limited to Hoy's art at the Walk Through History Park, and miniatures of Hoy's works are located in various public facilities. In 2004, the Town seeded, and the Fraser Valley Lions completed, the "Ike Fishin the Fraser" sculpture adjacent to the Lions Ponds. The installation of the Goranson Station Shelter has community members once again discussing public art installations. TransitCurrent funding for First Transit totals Provide supplemental transit $30,000 $65,000. Winter Park Resort funds options to enhance the viability of $1,200,000 and the Town of Winter our business community via Park funds approximately $400,000 additional First Transit funding annually.and/or shuttle/taxi service. Eisenhower Feasibility StudyThis study would look at feasibility, Requests for Proposals were $20,000 community impacts and cost estimates solicited and two Proposals were related to installation of a traffic signal at received, funding for the study Eisenhower and US 40 and a would be added to the budget and whistleless crossing at the railroad. 2015 Workplan. Funding alternatives for the improvements would also be discussed as part of the study phase (estimates range between $450,000 and $1,000,000). ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT Open SpaceOur open space assets set the Develop Open Space Plan$50,000 community apart from others and are among the greatest contributors to local quality of life. With the exception of a dog park, prior plans and community visions have been implemented. An update of future plans is appropriate. Playgrounds The Town of Fraser currently has three Incorporate into Open Space $0 playgrounds which are between ten and Planning effort. fifteen years old. Updates, replacements, and enhancements are warranted. Fraser Pond #1 and #2The Town of Fraser has a recreational Incorporate into Open Space $0 lease agreement with Grand County Planning effort and initiate efforts to Water and Sanitation District #1 to allow obtain grant to underwrite the public use of these pond that offer a purchase. This work should also unique recreational opportunity. The incorporate funding additional parking area is located on a portion of recreational amenities around the the property that the District does not ponds. need and would like to sell. The Town should acquire the parcel for open space parking purposes. Comprehensive Plan UpdateThe Plan was most recently updated in The last two Plan updates were $100,000 2010, and a five year update is merited handled by staff in-house, and a in 2015. Additionally, staff recommends general update could be managed including sub-area planning for similarly. However, to effectively downtown/old town Fraser. This should address old-town/downtown also include provisions for code consulting planners would be amendments that are appropriate and recommended. necessary to implement community vision. ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT Community Image/Vision/BrandingWhile diversity is one of Fraser's Work with consultant to facilitate $25,000 greatest strengths, the lack of common community dialogues and vision and goals among the community, identification of community identity and accordingly reflected on the Town and image that can help guide Board, is an obstacle to defining and future decisions. then accomplishing community goals. Sustainability PlanFollowing an unsuccessful attempt to Contract with consultant to $25,000 improve solid waste management facilitate, develop, and implement a services and reduce costs in 2005/6, Community Sustainability Plan. In Fraser staff worked to improve internal addition to community wide issues business practices to reduce costs while such as solid waste management, improving environmental sustainability. this work should include re- Disagreement on the Town Board evaluation of prior work related to regarding implementation of plastic bag implementing renewable energy regulations led to a 2014 proposal to and reducing energy costs for town work with the community on a broad operations (such as water system, basis to identify how we, as a treatment plant, vehicles, etc.). community, can better manage our solid waste streams, save money, and improve environmental sustainability. Property Maintenance - Community In 2007, the Town initiated efforts to This would be a staff workplan $20,000 Beautificationencourage improved property item, but would involve the potential maintenance and compliance with the for significant legal expenses (code Town Code. These efforts provided amendments and prosecution). tangible results, but a broader and more focused effort may be timely/appropriate. ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT Hazard Tree ProgramWhile many areas in the community are Work with Colorado Forest Service $10,000 free from hazard tree problems, it is still to develop routine a problem in Upper Ptarmigan and evaluation/identification of hazard some areas within/around Rendezvous trees. Proactively remove from and Grand Park (inc Sumrall).public property and assist private property owners with program to facilitate removal of hazard trees on private property. $5,000 Street Maintenance Mill LevyThe property tax that is repaying the Begin work necessary and debt associated with paving Fraser appropriate for a 2016 Ballot streets (1999-2003) terminates in 2017. question. That ballot question did not address the need for $250,000 annually to fund ongoing street maintenance. Prior Boards have hoped to ask voters for a new mill levy upon expiration of the current levy that provides approximately $80,000 annually. Planning Commissioner Planning Commissioners serve without Adopt an ordinance providing $5,000 Compensationany compensation. This has been a compensation for Planning concern for many years, given the time Commissioners (who also serve as commitment required, but until 2014 the Zoning Board of Adjustment). State Statutes prohibited compensation. PC meets once monthly, while TB HB 14-1060 provides that municipalities meets twice, so rate should be 50% may, via ordinance, compensate that for Trustees. planning commissioners. ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT Town Board CompensationThe Town Board compensation has not Consider increasing compensation $0 be changed since 2005 and given time for elected officials that becomes dedicated to service, this should be effective in 2016 and 2018. considered for 2015. Currently, Mayor receives $120 per meeting, and Trustees $100 per meeting. Any changes adopted in 2015, would not become effective until 2016 for Trustees elected/re-elected in 2016. New Community EventIt was proposed in 2013 that we $10,000 implement a new community event that would showcase Fraser's community and quality of life, as a great place to do business and live. GENERAL FUND - PUBLIC WORKS Public Works StaffStaffing levels are short of One new full time year round $95,000 demand/workload. In 2013/2014 Operator position and two new half changes required to improve water and year seasonal laborer positions sewer administration and operations (one summer, one winter) are resulted in a shortfall in snow proposed. management operations. Our night shift is also in need of a second operator for effective operations and safety. We also believe we need additional human resources to address open space and summer/winter trail operations effectively. Trail WayfindingIn collaboration with Headwater Trails Implement Phase 2, additional trails $20,000 Alliance and the Town of Winter Park, in within Fraser that connect to those 2014 trail wayfinding signage was outside town. Implement at least installed along the Fraser River Trail one kiosk of the three planned. and the Fraser to Granby Trail. This was anticipated to be the first phase of a comprehensive program. ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT Trail Snow GroomingSince 2006, the Fraser River Trail has Headwater Trails Alliance proposes $3,000 received snow grooming services via to enhance service on this popular volunteer programs and in recent years winter trail via contract services to with oversight of Headwater Trails provide more reliable and Alliance.consistent operations (this would be funded from the Admin IGA line). Public Works FacilityOur current Public Works Facility is Renew and complete programmatic $20,000 outdated and undersized to serve both and planning efforts with consulting the current and future demands. We team. Property and facility funding would like to wrap up programming and needs would be addressed planning efforts that were shelved due thereafter. to the annexation related matters so that we can pursue property and funding necessary to provide for effective operations. Outdoor Activity Center Parking Lot The parking lot at 120 Zerex is in need The proposed work would include $80,000 of replacement.drainage improvements (removal of the swale in the center that tends to catch more vehicles than water). While doing this work, an overlay of Clayton Court would also be recommended ($25,000 of the proposed total cost). Byers Avenue On-Street ParkingByers Avenue, between Doc Susie and Expand the pavement width to $20,000 Railroad, has seen the impacts in recent provide for better on-street parking years of successful business at and incorporate drainage Sharkey's and Serene Wellness. Given improvements. the cars parked along the street, at times the travel lane is restricted. Additionally, drainage improvements are needed to address drainage problems along the north side of the street. ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT Alternative Fuel Vehicles and The Town of Fraser currently falls below Establish a target goal that we $10,000 Fueling Stationsthresholds that would require these for incorporate these systems into our our fleet, but we could pursue on our operations (both vehicles and own initiative.fueling stations). Given our shorter trips, use of heavy equipment, and retired police vehicles for admin there are challenges. Nonetheless, the first step would be to establish a goal. Street Light Replacement ProgramCurrent street lights were installed prior Replace all street lights (both utility $150,000 to many current dark sky compliant and decorative) with dark sky standards and energy efficiency compliant and energy efficient standards.fixtures. Grant funding may be available to assist in cost controls. Project could be phased over multiple years. FroDoThe Town of Fraser acquired the north Develop a short term strategy for $50,000 half of the block bounded by US40, Doc the property and implement Susie, Fraser, and Eastom given its improvements to the property. significance to the ultimate development of "downtown Fraser." Economic conditions prevented development of the property, but to-date the Town has not developed a near term plan for the property. Minor investment in the property could still provide for a future redevelopment yet provide tangible benefits today. ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT 804 Trail ImprovementsIn conjunction with the CR 804 Street Completing sidewalks around the $350,000 Project, it may be possible to improve perimeter of the Holiday Inn pedestrian access around this area. Express property was previously Given the way the area was platted and studied, along with other developed, pedestrian access has been streetscape improvements at the less than desirable.other three corners of the intersection (this could be phased too). 804 Bus ShelterWith the 2014 investment in transit Complete site and shelter $20,000 facilities comes demand and desire for improvements. Solicit design improvements at other shelters. proposals. Currently, this bus stop is most in need of improvement. StreetscapeIn 2013/2014 new banners and flags Planning initiative with business $10,000 were purchased. Our holiday community followed by appropriate decorations have received minimal investment/re-investment. investment over the years, and a comprehensive plan for banners, flags, decorations, benches, trash/recycling receptacles, etc. is in order. Gardening ProgramOur gardening program is one of the Provide additional funding for $25,000 more popular Town programs, but may capital projects and improvements be underfunded. This program includes including planters, landscape beds, the noxious weed management and programming. program. Current annual investment in the program is under $60,000. ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT US 40 Pedestrian OverpassCurrently, pedestrians in old town Design/Implement pedestrian $250,000 Fraser are limited to two crosswalks on overpass. US 40. Safe pedestrian crossings will be provided at the South end of Town via the Fraser US 40 Improvement Project. Additional crosswalks are not likely to be approved by CDOT. Additional crossing opportunities and community icons could be provided via overpasses. Train Station Enhancements and After a ten year effort, it is clear that to Town obtain permits for work in UP $50,000 Railroad ROW improvementscomplete any significant improvements ROW and contract for work. to the Amtrak Platform and associated parking and landscape areas (one of our "front doors"), the Town will need to commit significant effort and funding to address Union Pacific requirements. Jones-Powers Drainage Swale and This is a drainage swale along the west Obtain easement and contract $50,000 Easementside of old town that is a component of project. our master drainage plan. It has not been implemented due to lack of proper easements and funding constraints. Mill Ave at Divide/Baptist Church This is another component of our Obtain easement and contract $175,000 Drainagemaster drainage plan that has not been project. implemented due to lack of proper easements and funding constraints. Johns Drive pavement and This is another component of our Complete design engineering and $50,000 drainage improvementsmaster drainage plan that has not been contract project. implemented due to lack of proper easements and funding constraints. ITEMDESCRIPTION PROPOSAL2015 BUDGET IMPACT Mountain Man Park ShedOne of the historic sheds from the Install a new context sensitive roof $15,000 Cozens Ranch remains as an amenity and open the facility to the public. of the park, but for safety reasons access has be closed off. GENERAL FUND TOTAL:$2,223,000 12/31/2014 10/15/2014201220122012201320132013201420142014201420152016201720182019202020212022202320242025 BudgetRevised BudgetActualsBudgetRevised BudgetActualsBudgetRevised BudgetYear to DateYEEBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudget GENERAL FUND REVENUE TAXES 10-31-100General Fund Property Tax216,500216,500217,361218,500218,500218,536195,000195,000189,776195,916197,265200,000205,000207,000210,000215,000220,000225,000230,000235,000235,000 10-31-200Specific Ownership Tax8,0008,0009,1868,0008,00010,2958,5008,5007,4149,50010,00010,00011,00011,00011,00011,50011,50011,50012,00012,00012,000 10-31-300Motor Vehicle Tax4,0004,0004,4774,0004,0004,3434,2004,2002,9494,2004,0004,2504,2504,5004,5005,0005,0005,0005,0005,0005,000 10-31-400Town Sales Tax1,550,0001,550,0001,590,2451,600,0001,600,0001,654,7561,650,0001,650,0001,036,4481,687,8511,660,0001,675,0001,680,0001,685,0001,690,0001,695,0001,700,0001,705,0001,710,0001,715 ,0001,720,000 10-31-410Use Tax - Building Materials30,00030,00028,65840,00040,000131,49655,00055,000149,968150,00065,00065,00065,00065,00065,00065,00065,00065,00065,00065,00065,000 10-31-420Use Tax - Motor Vehicle Sales25,00025,00051,80935,00035,00061,89245,00045,00051,94659,00050,00050,00050,00055,00055,00055,00060,00060,00060,00060,00060,000 10-31-430State Cigarette Tax5,0005,0005,0814,5004,5004,6545,0005,0002,4344,0004,0004,0004,0004,0004,0004,0004,0004,0004,0004,0004,000 10-31-800Franchise Fees40,00040,00049,52140,00040,00051,45949,00049,00032,01950,00050,00051,00052,00052,00052,00053,00053,00053,00053,00053,00053,000 Sub-Total1,878,5001,878,5001,956,3381,950,0001,950,0002,137,4312,011,7002,011,7001,472,9542,160,4672,040,2652,059,2502,071,2502,083,5002,091,5002,103,5002,118,5002,128,5002,139,0002,149,0002,154,000 LICENSES & PERMITS 10-32-100Business License Fees9,0009,00010,98010,50010,50013,64012,00012,00013,34013,50012,25012,50013,00013,00013,50013,50013,75013,75013,75013,75013,750 10-32-110Regulated Industry Fees/Taxes1,5001,5002,6782,0002,00018,45922,50022,50012,66617,50025,00030,00040,00045,00045,00050,00055,00055,00060,00060,00065,000 Sub-Total10,50010,50013,65812,50012,50032,09934,50034,50026,00631,00037,25042,50053,00058,00058,50063,50068,75068,75073,75073,75078,750 INTERGOVERNMENTAL 10-33-100Grants000007,461000000000000000 Sub-Total000007,461000000000000000 CHARGES FOR SERVICES 10-34-100Annexation Fees1,0001,000501,0001,00010,0001,0001,000001,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,000 10-34-110Zoning Fees1,5001,5007001,5001,50001,5001,5002,5002,5001,5001,5001,5001,5001,5001,5001,5001,5001,5001,5001,500 10-34-120Subdivision Fees1,5001,5002,3501,5001,5001,3001,5001,50015,40015,4001,5001,5001,5001,5001,5001,5001,5001,5001,5001,5001,500 10-34-130Miscellaneous Planning Fees1,0001,0002,1471,0001,0001,0951,0001,0001,9052,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,000 10-34-150Affordable Housing Impact Fee000000000000000000000 10-34-740Fees in Lieu of Park Land000000000000000000000 10-34-750WTHP Revenue000000000000000000000 Sub-Total5,0005,0005,2475,0005,00012,3955,0005,00019,80519,9005,0005,0005,0005,0005,0005,0005,0005,0005,0005,0005,000 FINES & FORFEITURES 10-35-100Court Fines000000000000000000000 10-35-200Police Dept. Sur-Charge000000000000000000000 Sub-Total000000000000000000000 MISCELLANEOUS REVENUE 10-36-100Interest Earnings4,0004,0006,2505,5005,5003,4713,5003,5002,0703,0953,2503,5003,5004,0004,5004,5004,5005,0005,0005,0005,000 10-36-300Rental Income9,0009,0009,0259,0009,0008,5208,0008,0009,75010,0009,5009,5008,5008,5008,7508,7509,0009,0009,0009,0009,000 10-36-500Sale of General Fixed Assets0000016,825006,1636,15000000000000 10-36-600Reimbursable - Mustang000000000000000000000 10-36-610Reimbursable - Prof Services55,00055,000160,60525,000264,000265,00950,00050,000175,296185,000100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000 10-36-620Reimbursable - Night Shuttle000000000000000000000 10-36-900Miscellaneous Revenue35,00035,00047,42435,00035,00025,35235,00035,00031,42132,00050,00050,00030,00030,50031,00031,50032,00032,50033,00033,50034,000 Sub-Total103,000103,000223,30474,500313,500319,17796,50096,500224,700236,245162,750163,000142,000143,000144,250144,750145,500146,500147,000147,500148,000 SPECIAL ASSESSMENTS 10-37-100Byers Vista SID000000000000000000000 Sub-Total000000000000000000000 OTHER SOURCES AND TRANSFERS 10-39-100Bond Proceeds000000000000000000000 10-39-900Transfers in from Other Funds0015,33721,50021,50021,500000000000000000 10-39-999Carryover Balance2,055,3832,055,3832,139,2991,718,4621,718,4621,861,5511,937,3331,937,3332,009,1102,009,1101,896,8041,130,421693,601383,6687,999(448,357)(951,139)(1,521,967)(2,180,794)(2,914 ,948)(2,653,248) Sub-Total2,055,3832,055,3832,154,6361,739,9621,739,9621,881,0521,937,3331,937,3332,009,1102,009,1101,896,8041,130,421693,601383,6687,999(448,357)(951,139)(1,521,967)(2,180,794)(2,914,948)(2,653,248) GENERAL FUND "NEW" REVENUES1,997,0001,997,0002,198,5472,042,0002,281,0002,508,5632,147,7002,147,7001,743,4662,447,6122,245,2652,269,7502,271,2502,289,5002,299,2502,316,7502,337,7502,348,7502,364,7502 ,375,2502,385,750 GENERAL FUND TOTAL REVENUE4,052,3834,052,3834,353,1833,781,9624,020,9624,391,6144,085,0334,085,0333,752,5754,456,7224,142,0693,400,1712,964,8512,673,1682,307,2491,868,3931,386,611826,783183,956(539,6 98)(267,498) EXPENDITURES TOWN BOARD 10-41-110Salaries26,00026,00015,06026,00026,00018,84026,00026,00012,24021,00026,00028,00029,00029,00030,00030,00030,00030,00030,00030,00030,000 10-41-220FICA Tax1,9891,9891,1521,9891,9891,4411,9891,9899361,6071,9892,1422,2192,2192,2952,2952,2952,2952,2952,2952,295 10-41-280Training Programs2,0002,0001,6872,0002,0003362,0002,0007,25310,0006,0005,0005,0005,0005,0005,0005,0005,0005,0005,0005,000 10-41-290Travel, Meals and Lodging3,0003,0009413,0003,0003,6025,0005,0003,9796,0005,0005,0005,5005,5006,0006,0006,0006,0006,5006,5006,500 10-41-295Meals and Entertainment6,0006,0005,6616,0006,0009,3168,0008,0003,5978,0008,0008,5008,5009,0009,0009,0009,5009,5009,50010,00010,000 10-41-690Miscellaneous Expense2,5002,5002,8183,0003,0001,4253,0003,0008253,0003,0003,0003,5003,5003,5003,5003,5003,5003,5003,5003,500 10-41-860Grants and Aid to Agencies2,5002,5000001,050001,0001,00000000000000 10-41-861Intergovernmental Agreements25,00025,00015,00014,50014,5009,00019,00019,0009,00019,00010,00010,50010,50011,02511,57612,15512,76313,40114,07114,77515,513 10-41-862Fraser/Winter Park Police Dept395,000395,000372,060404,000404,000402,284412,080412,080338,490410,000432,684454,318477,034500,886525,930552,227579,838608,830639,271671,235704,797 10-41-863Street Lighting and Signals18,00018,00013,84315,00015,00014,98214,50014,50011,04715,00014,75015,00015,25015,50015,75016,00016,25016,50016,75017,00017,250 10-41-864Special Events10,00010,00010,00030,00030,00030,00020,00020,00010,00010,00010,00010,00020,00020,00020,00020,00020,00020,00020,00020,00020,000 10-41-865Grand County Dispatch000000000000000000000 10-41-866Wood Stove Rebates1,0001,0000000000000000000000 10-41-867Chamber of Commerce - IGA111,615111,61595,75553,28053,28055,10354,94554,94526,90656,20555,27855,77855,94456,11156,27756,44456,61056,77756,94357,11057,276 10-41-868Winter Shuttle - IGA52,00052,00050,00050,00050,00050,00052,00052,00052,00052,00055,00055,00055,00055,00055,00055,00055,00055,00055,00055,00055,000 10-41-869Summer Shuttle - IGA000000000000000000000 10-41-870Business Dist StreetScape001,226007,1635,0005,0003,2175,00000000000000 10-41-871Business Enhancement Programs15,00015,00010,09210,00010,000090,00090,0003,20025,00015,00015,00015,00015,00015,00015,00015,00015,00015,00015,00015,000 10-41-872Improvement Awards-Business0050000000000000000000 Sub-Total671,604671,604595,345618,769618,769604,543713,514713,514483,691642,812642,701667,238702,447727,740755,328782,620811,756841,802873,830907,414942,131 10/15/2014201220122012201320132013201420142014201420152016201720182019202020212022202320242025 BudgetRevised BudgetActualsBudgetRevised BudgetActualsBudgetRevised BudgetYear to DateYEEBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudget ADMINISTRATION 10-45-110Salaries215,250215,250204,605202,250202,250203,822209,116209,116160,974209,000250,000255,000260,100267,903273,261278,726287,088292,830298,686307,647313,800 10-45-210Health Insurance45,34045,34033,85340,00040,00032,71836,37836,37828,21134,00035,00039,20043,90449,17255,07361,68269,08477,37486,65997,058108,705 10-45-220FICA Tax16,46716,46714,63015,47215,47214,59715,99715,99711,56315,98919,12519,50819,89820,49520,90421,32321,96222,40122,85023,53524,006 10-45-230Retirement8,6108,6108,0378,0908,0908,0138,3658,3656,1138,36010,00010,20010,40410,71610,93011,14911,48411,71311,94712,30612,552 10-45-250Unemployment Tax646646614607607611627627483627750765780804820836861878896923941 10-45-260Workers Comp Claims000000000000000000000 10-45-280Training Programs4,0004,0001,2602,0002,0003,3632,5002,5001,7964,0004,0004,0004,0004,0004,5004,5004,5005,0005,0005,0005,000 10-45-290Travel, Meals and Lodging4,0004,0004,0102,0002,0004,9063,0003,0007,61310,0005,0006,0006,0006,5006,5006,5007,0007,0007,0007,0007,500 10-45-295Meals and Entertainment3,0003,0002,9913,0003,0002,1393,5003,5007423,5003,5003,5004,0004,0004,0004,0004,5004,5004,5004,5004,500 10-45-305Municipal Court Judge000000000000000000000 10-45-310Legal Fees50,00050,00078,18935,00035,00052,55650,00050,00035,49650,00065,00070,00070,00070,00070,00070,00070,00070,00070,00070,00070,000 10-45-320Audit Fees18,72018,72014,90015,49615,49611,23212,18412,18415,66915,70012,67213,17913,70614,25414,82415,41716,03416,67517,34218,03618,757 10-45-330Engineering Fees5,0005,0006,4495,0005,0001,9975,0005,0001,0382,00010,00010,00010,50010,50010,50011,00011,00011,00011,50011,50011,500 10-45-360Computers-Networks and Support35,00035,00023,89125,00025,00023,67245,00045,00021,19130,50065,00065,00065,00065,00070,00070,00070,00070,00075,00075,00075,000 10-45-370Other Professional Services40,00040,00025,77740,00040,00017,620105,000105,00050,32970,00050,00050,00050,00050,00050,00050,00055,00055,00055,00055,00060,000 10-45-375Reimbursable Prof Services55,00055,000160,60525,000240,000233,10950,00050,000156,607175,000100,00050,000100,000100,000100,000100,000100,000100,000100,000100,000100,000 10-45-380Janitorial Services15,00015,0008,54815,00015,0008,65415,00015,0006,53410,00015,30016,06516,86817,71218,59719,52720,50321,52922,60523,73524,922 10-45-385Treasurer's Fees6,4956,4954,3476,5556,5554,3715,8505,8503,7966,5555,9186,0006,1506,2106,3006,4506,6006,7506,9007,0507,050 10-45-390Abatement Fees000000000000000000000 10-45-395Recording Fees1,0001,00001,0001,0005001,0001,00005001,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,000 10-45-410Bank Charges8008005868008005668008005427501,0001,0001,2001,2001,2001,2001,5001,5001,5001,5001,500 10-45-420Elections2,5002,5001,0942,5002,5001,7155,0005,0009195695,0005,0005,0003,0003,0003,0003,0003,0003,0003,0003,000 10-45-430Insurance - All Departments56,00056,00038,31940,00040,00048,49950,00050,00016,89738,00053,00055,00058,00062,00062,00062,00062,00062,00062,00062,00062,000 10-45-440Advertising1,5001,5002,0771,5001,5001,9452,5002,5003347502,5002,5002,5002,5002,5002,5002,5002,5002,5002,5002,500 10-45-490Professional Memberships7,0007,0006,0007,0007,0006,3577,0007,0006,1947,0007,0007,5007,5007,5008,0008,0008,0008,0008,5008,5008,500 10-45-500Operating Supplies16,00016,0008,25012,00012,00010,01712,00012,0007,98012,00012,00012,60013,23013,89214,58615,31516,08116,88517,72918,61619,547 10-45-510Equipment Purchase and Repair20,00020,0008,06110,00010,00039615,00015,0006,97515,00015,75016,53817,36418,23319,14420,10121,10722,16223,27024,43325,655 10-45-550Postage3,0003,0001,8471,5001,5001,1831,5001,5007201,1002,0002,0002,0002,0002,0002,0002,0002,0002,0002,0002,000 10-45-560Utilities -Telephone8,0008,0005,8076,0006,0005,3756,0606,0604,7286,0006,5006,5656,6316,6976,7646,8326,9006,9697,0397,1097,180 10-45-561Utilities - Natural Gas6,0006,0003,1625,5005,5003,7645,7005,7003,0444,0006,0006,2006,4006,6006,8007,0007,2007,4007,6007,8008,000 10-45-562Utilities - Electricity7,0007,0005,6416,5006,5005,4716,7006,7003,3526,0007,0007,2007,4007,6007,6007,6007,6007,6007,6007,6007,600 10-45-569Utilities - Trash Removal2,0002,0001,3862,0002,0001,5791,5001,5009141,8002,5003,0003,0003,0003,0003,0003,0003,0003,0003,0003,000 10-45-670Prop Mgmt - 117 Eisenhower Dr20,00020,00010,34910,00010,00010,18912,00012,0007,90112,00029,00015,00015,00017,00017,00017,00018,00018,00018,00018,00018,000 10-45-671Prop Mgmt - 105 Fraser Ave1,0001,0004250050052500500147500500500500500500500500500500500500 10-45-672Prop Mgmt - 000000000000000000000 10-45-673Prop Mgmt - 153 Fraser Ave12,00012,0007,8136,0006,0005,77323,00023,00022,71435,00020,00022,00022,00024,00024,00024,00024,00024,00024,00024,00024,000 10-45-674Prop Mgmt - 200 Eisenhower Dr2,0002,000285005000500500525001,0005005001,0001,0001,0001,0001,0001,0001,0001,000 10-45-675Prop Mgmt - 216 Eisenhower Dr000000000000000000000 10-45-676Prop Mgmt - 400 Doc Susie Ave1,0001,0001,4015005001,1062,5002,5008821,500500500500500500500500500500500500 10-45-690Miscellaneous Expense8,0008,0007,6217,5007,50011,2017,5007,5001,0007,5008,0008,0008,0008,0008,0008,0008,0008,0008,0008,0008,000 10-45-695Bad Debt Write-Off000000000000000000000 10-45-730Capital Projects000000000000000000000 10-45-740Capital Purchases000000000000000000000 10-45-810Lease/Purchase - Principal17,47617,47617,47518,34318,34318,34219,25219,25219,25219,25220,20721,21022,62623,36623,36623,36623,36623,36623,36623,36623,366 10-45-820Lease/Purchase - Interest20,89920,89920,89820,03220,03220,03219,12219,12219,12219,12218,16717,16516,11315,00915,00915,00915,00915,00915,00915,00915,009 Sub-Total735,702735,702740,563600,145815,145777,442766,652766,652631,823834,074869,889829,394897,774921,862943,180960,034987,8791,007,0421,032,9981,057,7231,086,090 PUBLIC WORKS 10-60-110Salaries410,000410,000348,141360,000360,000345,318372,252372,252291,598370,000390,865398,682406,656414,789427,232435,777444,492457,827466,984476,323490,613 10-60-210Health Insurance63,00063,00063,33669,50069,50038,02980,05480,05458,04968,54075,00084,00094,080105,370118,014132,176148,037165,801185,697207,981232,939 10-60-220FICA Tax31,36531,36525,12427,54027,54024,37828,47728,47720,72428,30529,90130,49931,10931,73132,68333,33734,00435,02435,72436,43937,532 10-60-230Retirement16,40016,40010,50114,40014,40011,47814,89014,89010,22314,80015,63515,94716,26616,59217,08917,43117,78018,31318,67919,05319,625 10-60-250Unemployment Tax1,2301,2301,0441,0801,0801,0361,1171,1178751,1101,1731,1961,2201,2441,2821,3071,3331,3731,4011,4291,472 10-60-260Workers Comp Claims001,0450042500050000000000000 10-60-280Training Programs2,0002,0001,1921,0001,0002031,0001,0009902,5002,0002,0002,0002,0002,2502,2502,5002,5002,5002,5002,500 10-60-290Travel, Meals and Lodging2,0002,0002281,0001,0001311,0001,0001591,0002,0002,0002,0002,0002,2502,2502,5002,5002,5002,5002,500 10-60-295Meals and Entertainment5005004935005004045005005521,0007507501,0001,0001,0001,0001,1001,1001,1001,1001,100 10-60-330Engineering Fees20,00020,00033,07310,00010,00014,71960,00060,00013,48620,00045,00025,00020,00020,00020,00020,00020,00020,00020,00020,00020,000 10-60-360Computer Network Support006341,5001,5001351,5001,50001,5002,0002,0002,5002,5003,0003,0003,0003,0003,0003,0003,000 10-60-370Other Professional Services2,5002,50021,1492,5002,5002,4422,5002,5001,9622,5002,5002,5002,5002,5002,5002,5002,5002,5002,5002,5002,500 10-60-380Janitorial Services00000450000000000000000 10-60-470Contract Grounds Maintenance000000000000000000000 10-60-475Contract Snow Removal0000000044044000000000000 10-60-480Equipment Rental5,0005,0001,0722,5002,500852,5002,5003701,0002,5002,5002,5002,5002,5002,5002,5002,5002,5002,5002,500 10-60-490Professional Memberships500500100250250100250250500500750750750750750750750750750750750 10-60-500Operating Supplies65,00065,00063,46060,00060,00075,24570,00070,00052,23570,00075,00080,00083,00085,00087,00087,00090,00090,00095,00095,000100,000 10-60-506Plants/Planter Supplies10,00010,00013,78910,00010,0009,17610,00010,0008,45510,00012,00012,00012,00015,00015,00015,00015,00018,00018,00018,00018,000 10-60-510Equipment Purchase and Repair40,00040,00029,28930,00030,00029,17830,00030,00022,69930,00035,00035,00040,00040,00040,00045,00045,00050,00050,00050,00055,000 10-60-560Utilities - Telephone3,0003,0002,3602,5002,5001,9602,7002,7009982,5002,7002,7002,8002,8003,0003,0003,0003,2003,2003,2003,200 10-60-561Utilities - Natural Gas7,0007,0003,6075,5005,5004,5386,0006,0003,5855,0006,0006,5006,5007,0007,0007,5007,5007,5007,5007,5007,500 10-60-562Utilities - Electricity3,5003,5001,7342,5002,5001,9472,5002,5001,2622,2003,0003,0003,2503,5003,7504,0004,2504,5004,7505,0005,250 10-60-569Utilities - Trash Removal2,5002,5009202,0002,0001,2062,1002,1001,0121,8002,1002,1422,1852,2292,2732,3192,3652,4122,4602,5102,560 10-60-670Prop Mgmt - 125 Fraser Ave5,0005,0002,5462,5002,5004152,5002,5002,0943,0005,0005,0005,5005,5005,5005,5005,5005,5005,5005,5005,500 10-60-671Prop Mgmt - Clayton Ct Parcel000000000000000000000 10-60-672Prop Mgmt - Elk Crk Wetlands000000000000000000000 10/15/2014201220122012201320132013201420142014201420152016201720182019202020212022202320242025 BudgetRevised BudgetActualsBudgetRevised BudgetActualsBudgetRevised BudgetYear to DateYEEBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudget 10-60-673Prop Mgmt - Fraser River Trail35,00035,00025,6295,0005,0005,8285,0005,0001,6075,0005,0008,0008,0008,0008,0008,0008,0008,0008,0008,0008,000 10-60-674Prop Mgmt - Hwy 40 Pedestrian5,0005,00015,3370005,0005,0001311,00018,0005,0005,0005,00020,0007,0007,0007,0007,0007,0007,000 10-60-675Prop Mgmt - Koppers Park000000000000000000000 10-60-676Prop Mgmt - Old SchlHouse Pk5005004815005006885005003,2603,5005,000800800800800800800800800800800 10-60-677Prop Mgmt - Planning Area 28000000000000000000000 10-60-678Prop Mgmt - OutdoorActivityCtr000000000000000000000 10-60-679Prop Mgmt - School Bus Garage8,0008,0002,9346,0006,0003,9876,5006,5002,9614,5007,0007,0007,5007,5007,5008,0008,0008,0008,5008,5008,500 10-60-680Prop Mgmt - Gardner Shed000000000000000000000 10-60-681Prop Mgmt - Cozens Ranch Park10,00010,0003,5175,0005,0009,449105,000105,00018,51025,000105,00015,00015,30015,60615,91816,23616,56116,89217,23017,57517,926 10-60-682Prop Mgmt - Amtrak Station1,5001,500270010300915000000000000 10-60-683Prop Mgmt - Ptarmigan OS1,5001,500000163000000000000000 10-60-684Prop Mgmt - FRODO3,5003,500021,50021,5002,43910,00010,00002,5005,0005,0005,0005,0005,0005,0005,0005,0005,0005,0005,000 10-60-685Mountain Man Park1,0001,0000001195005000200500500500500500500500500500500500 10-60-686Goranson Station0000027,89015,00015,00026,67360,0001,5002,0005005005007507507501,0001,0001,000 10-60-690Miscellaneous Expense5,0005,0001,3211,0001,0002,0531,2001,2001,1391,0001,5001,5001,7001,9002,1002,3002,5002,7002,9003,1003,300 10-60-695Fraser Mustang000000000000000000000 10-60-725Street Improvements150,000150,00065,72625,00025,00022,64975,00075,00033,20975,00085,00086,70088,43490,20392,00793,84795,72497,63899,591101,583103,615 10-60-730Capital Projects0000070000000000000000 10-60-740Capital Purchases000000000000000000000 Sub-Total911,495911,495739,809670,770670,770668,434915,540915,540579,764816,045944,373845,666870,550899,013946,398966,030997,9461,041,5821,080,2671,115,8421,169,681 Outdoor Activity Center 10-65-110Salaries000000000000000000000 10-65-210Health Insurance000000000000000000000 10-65-220FICA Tax000000000000000000000 10-65-230Retirement000000000000000000000 10-65-250Unemployment Tax000000000000000000000 10-65-260Workers Comp Claims000000000000000000000 10-65-280Training Programs000000000000000000000 10-65-290Travel, Meals and Lodging000000000000000000000 10-65-295Meals and Entertainment000000000000000000000 10-65-370Other Professional Services1,5001,50061510,00010,000010,00010,00001,00000000000000 10-65-380Janitorial Services5,0005,0005,3735,5005,5004,8295,5005,5003,9715,5005,6105,7225,8375,9536,0726,1946,3186,4446,5736,7046,839 10-65-490Professional Memberships000000000000000000000 10-65-500Operating Supplies1,0001,0000000000000000000000 10-65-510Equipment Purchase and Repair5,0005,0000000000000000000000 10-65-560Utilities - Telephone1,0001,00053450050049650050045861500000000000 10-65-561Utilities - Natural Gas1,2001,2001,1131,5001,5001,0891,5001,5008561,5001,5151,5301,5451,5611,5771,5921,6081,6241,6411,6571,674 10-65-562Utilities - Electricity1,0001,0001,0641,0001,0009101,0001,0006081,0001,0101,0201,0301,0411,0511,0621,0721,0831,0941,1051,116 10-65-665WTHP Expenses1,0001,000000506000000000000000 10-65-670Prop Mgmt - 120 Zerex2,0002,000755001,6438,0008,0008,63410,0005,0005,0005,00010,0004,0004,0004,00010,0004,5004,5004,500 10-65-690Miscellaneous Expense5,0005,00025000000000000000000 10-65-730Capital Projects000000000000000000000 10-65-740Capital Purchases000000000000000000000 Sub-Total23,70023,7009,47918,50018,5009,47426,50026,50014,52819,61513,13513,27213,41218,55512,70012,84812,99819,15113,80713,96614,128 TRANSFERS 10-90-920Transfer to CERF - Police Dept45,00045,00036,190000000045,00046,00047,00048,00048,00048,00048,00048,00048,00048,00048,000 10-90-930Transfer to CERF - PublicWorks50,00050,00050,000000000050,00050,00050,00050,00050,00050,00050,00050,00050,00050,00050,000 10-90-935Transfer to CAF75,00075,00075,00075,00075,00075,0000000200,0000000000000 10-90-940Transfer to Debt Service Fund247,250247,250247,250247,610247,610247,610247,373247,373247,373247,373246,550255,000000000000 10-90-950Transfer to Water Fund000000000000000000000 10-90-960Transfer to FREP000000000000000000000 10-90-970Transfer to Long Term Savings000000000000000000000 10-90-980Transfer to Petersen Trust000000000000000000000 10-90-995Salaries Clearing000000000000000000000 10-90-996FICA Tax Clearing000000000000000000000 10-90-997Unemployment Tax Clearing000000000000000000000 Sub-Total417,250417,250408,440322,610322,610322,610247,373247,373247,373247,373541,550351,00097,00098,00098,00098,00098,00098,00098,00098,00098,000 FISCAL AGENT 10-95-110Salaries000000006,490000000000000 10-95-210Health Insurance000000000000000000000 10-95-220FICA Tax00000000437000000000000 10-95-230Retirement00000000260000000000000 10-95-250Unemployment Tax0000000039000000000000 10-95-260Workers Comp Claims000000000000000000000 Sub-Total000000007,226000000000000 GENERAL FUND EXPENDITURE TOTALS2,759,7512,759,7512,493,6322,230,7942,445,7942,382,5032,669,5792,669,5791,964,4042,559,9183,011,6482,706,5702,581,1832,665,1692,755,6062,819,5312,908,5793,007,5773,098, 9033,192,9463,310,030 GENERAL FUND REVENUE TOTALS4,052,3834,052,3834,353,1843,781,9624,020,9624,391,6144,389,6154,085,0333,752,5754,456,7224,142,0693,400,1712,964,8512,673,1682,307,2491,868,3931,386,611826,783183,956539,6 98267,498 GENERAL FUND NEW REVENUE TOTALS1,997,0001,997,0002,198,5482,042,0002,281,0002,530,0632,147,7002,147,7001,743,4662,447,6122,245,2652,269,7502,271,2502,289,5002,299,2502,316,7502,337,7502,348,7502,364, 7502,375,2502,385,750 GENERAL FUND EXPENDITURE TOTALS2,759,7512,759,7512,493,6322,230,7942,445,7942,382,5032,669,5792,669,5791,964,4042,559,9183,011,6482,706,5702,581,1832,665,1692,755,6062,819,5312,908,5793,007,5773,098, 9033,192,9463,310,030 GENERAL FUND REVENUE OVER EXPENDITURES1,292,6321,292,6321,859,5521,551,1681,575,1682,009,1111,415,4551,415,4551,788,1711,896,8041,130,421693,601383,6687,999(448,357)(951,139)(1,521,967)(2,180,794)(2, 914,948)(2,653,248)(3,042,532) 10/15/2014201220122012201320132013201420142014201420152016201720182019202020212022202320242025 BudgetRevised BudgetActualsBudgetRevised BudgetActualsBudgetRevised BudgetYear to DateYEEBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudget GENERAL FUND EXPENDITURE OVER NEW REVENUES(762,751)(762,751)(295,084)(188,794)(164,794)126,060(521,879)(521,879)(220,939)(112,306)(766,383)(436,820)(309,933)(375,669)(456,356)(502,781)(570,829)(658,8 27)(734,153)(817,696)(924,280) CONSERVATION TRUST FUND REVENUE 20-30-100Cons Trust (Lottery) Proceeds5,9005,9006,1116,0006,0006,4946,1006,1002,9116,0006,5006,6006,7006,8006,8006,8006,8006,8006,8006,8006,800 20-30-800Interest Earnings6060586060221010461520253030303030303030 20-30-999Carryover Balance26,72326,72325,04615,66915,66915,8774024028938936,89913,41420,03426,75933,58940,41947,24954,07960,90967,73974,569 Sub-Total32,68332,68331,21521,72921,72922,3936,5126,5123,8086,89913,41420,03426,75933,58940,41947,24954,07960,90967,73974,56981,399 EXPENDITURES 20-40-410Bank Charges000000000000000000000 20-40-650Cons Trust Program Expenses000000000000000000000 20-40-910Transfer to General Fund0015,33721,50021,50021,500000000000000000 20-40-920Transfer to Other Funds015,3370000000000000000000 Sub-Total015,33715,33721,50021,50021,500000000000000000 CTF REVENUES OVER EXPENDITURES32,68317,34615,8772292298936,5126,5123,8086,89913,41420,03426,75933,58940,41947,24954,07960,90967,73974,56981,399 CAPITAL EQUIP REPLACEMENT FUND REVENUES 30-30-100Hwy Use Tax Proceeds42,84442,84445,10844,15244,15244,58844,59444,59425,89444,15245,03945,49045,94546,40446,86847,33747,81048,28848,77149,25949,752 30-30-500Sale of CERF Assets000000000000000000000 30-30-800Interest Earnings3003001,0693003006633003003775353003505006002,6662,7642,8643,1183,3753,6353,900 30-30-900Transfer from G/F - PoliceDept45,00045,00036,190000000045,00046,00047,00048,00048,00048,00048,00048,00048,00048,00048,000 30-30-910Transfer from G/F - PublicWork50,00050,00050,000000000050,00050,00050,00050,00050,00050,00050,00050,00050,00050,00050,000 30-30-920Transfer from Utility Funds20,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,000 30-30-999Carryover Balance408,619408,619411,752525,548525,548527,931470,019470,019470,586470,586464,820434,742455,164516,190533,195552,729572,829623,504674,910727,056779,950 Sub-Total566,763566,763564,119590,000590,000593,183534,913534,913516,858535,273625,159596,581618,608681,195700,729720,829741,504792,910845,056897,950951,601 EXPENDITURES 30-40-745Public Safety Fleet Purchase45,00045,00036,18840,00040,00040,041000045,00046,00047,00048,00048,00048,00048,00048,00048,00048,00048,000 30-40-750Regular Fleet Purchase00040,00040,00000025,03525,03500000000000 30-40-755Heavy Equipment Purchase200,000200,0000150,000150,00037,13850,00050,00000100,00050,00010,000100,000100,000100,00070,00070,00070,00070,00070,000 30-40-810Lease/Purchase - Principal0000045,41840,93840,93840,93840,93842,01543,12044,25400000000 30-40-820Lease/Purchase - Interest0000004,4804,4804,4804,4803,4032,2981,16400000000 30-40-910Transfer to General Fund000000000000000000000 Sub-Total245,000245,00036,188230,000230,000122,59795,41895,41870,45370,453190,418141,418102,418148,000148,000148,000118,000118,000118,000118,000118,000 CERF REVENUES OVER EXPENDITURES321,763321,763527,931360,000360,000470,586439,495439,495446,405464,820434,742455,164516,190533,195552,729572,829623,504674,910727,056779,950833,601 CAPITAL ASSET FUND REVENUE 32-30-100Reserved for Future Use0000002,250,0002,250,000728,120728,1202,250,0000000000000 32-30-500Sale of Capital Assets000000000000000000000 32-30-800Interest Earnings505029042542519555227341050100150150150150150150150150 32-30-910Transfer in from General Fund75,00075,00075,00075,00075,00075,0000000460,0000000000000 32-30-940Transfer in from DSF175,000175,000175,000175,000175,000175,000000000000000000 32-30-950Transfer in from Water Fund000000000000000000000 32-30-999Carryover Fund Balance61,76161,76159,30040,90040,90040,066006,2186,218608,461968,461918,511868,611818,761768,911719,061669,211619,361569,511519,661 Sub-Total311,811311,811309,590291,325291,325290,2612,250,0052,250,005734,565734,6793,318,461968,511918,611868,761818,911769,061719,211669,361619,511569,661519,811 EXPENDITURES 32-40-810Capital Proj- Streets Existing250,000275,000269,524250,000250,000186,377006,2186,218200,00050,00050,00050,00050,00050,00050,00050,00050,00050,00050,000 32-40-815Capital Proj - Streets New0000002,250,0002,250,00094,067120,0002,150,0000000000000 32-40-820Capital Proj - Buildings Exist000000000000000000000 32-40-825Capital Proj - Buildings New000000000000000000000 32-40-830Capital Proj - Parks/OS Exist000000000000000000000 32-40-835Capital Proj - Parks/OS New000000000000000000000 32-40-900Transfer to General Fund000000000000000000000 32-40-910Transfer to CAF Res - Streets000041,3250000000000000000 32-40-920Transfer to CAF Res - Bldgs000000000000000000000 32-40-930Transfer to CAF Res - Parks/OS000000000000000000000 Sub-Total250,000275,000269,524250,000291,325186,3772,250,0002,250,000100,285126,2182,350,00050,00050,00050,00050,00050,00050,00050,00050,00050,00050,000 CAF REVENUES OVER EXPENDITURES61,81136,81140,06641,3250103,88455634,280608,461968,461918,511868,611818,761768,911719,061669,211619,361569,511519,661469,811 10/15/2014201220122012201320132013201420142014201420152016201720182019202020212022202320242025 BudgetRevised BudgetActualsBudgetRevised BudgetActualsBudgetRevised BudgetYear to DateYEEBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudget FREP FUND REVENUE 35-30-100Grants and Awards000000000000000000000 35-30-110In-Kind Services000000000000000000000 35-30-120Miscellaneous Revenue000000000000000000000 35-30-130Interest Income000000000000000000000 35-30-910Transfer in from General Fund000000000000000000000 35-30-999Carryover Balance000000000000000000000 Sub-Total000000000000000000000 EXPENDITURES PROJECT WIDE EXPENSES 35-40-310Threat/Endagered Species Study000000000000000000000 35-40-315Fisheries Special Analysis000000000000000000000 35-40-320Aquatic Habitat Permitting000000000000000000000 35-40-900Transfer to TOF G/F000000000000000000000 Sub-Total000000000000000000000 TOWN OF FRASER EXPENSES 35-50-410Aquatic Habitat Enhancements000000000000000000000 35-50-420BorealToad Habitat Restoration000000000000000000000 35-50-430Waterfowl Nesting Improvements000000000000000000000 35-50-440F/WP Trail Link Construction000000000000000000000 35-50-450Lions Fish Ponds Improvements000000000000000000000 35-50-460Educational Signage 000000000000000000000 35-50-470Picnic Areas-Fraser RiverTrail000000000000000000000 Sub-Total000000000000000000000 TOWN OF WINTER PARK EXPENSES 35-60-410Aquatic Habitat Enhancements000000000000000000000 35-60-420BorealToad Habitat Restoration000000000000000000000 35-60-430Waterfowl Nesting Improvements000000000000000000000 35-60-440F/WP Trail Link Construction000000000000000000000 35-60-450Vasquez Trail Construction000000000000000000000 35-60-460Educational Signage000000000000000000000 35-60-470Picnic Areas-Fraser RiverTrail000000000000000000000 Sub-Total000000000000000000000 FREP FUND REVENUES000000000000000000000 FREP FUND EXPENDITURES000000000000000000000 FREP FUND REVENUES OVER EXPENDITURS000000000000000000000 DEBT SERVICE FUND REVENUE ?? 40-30-100Property Tax80,00080,00080,18780,00080,00080,12280,00080,00077,51080,00080,00080,00080,00080,0000000000 40-30-200Specific Ownership Tax3,0003,0003,3893,0004,0003,4693,0003,0002,9923,1003,0003,0003,5003,5000000000 40-30-500Bond Proceeds000000000000000000000 40-30-800Interest Earnings4004001,4532501,000661250250396595250250250500000000 40-30-910Transfer in from General Fund247,250247,250247,250247,610247,610247,610247,373247,373247,373247,373246,550255,000000000000 40-30-990Transfer in from DSF Reserves0175,000175,000175,000175,000175,000000000477,73000000000 40-30-999Carryover Balance000000000000000000000 Sub-Total330,650505,650507,279505,860507,610506,862330,623330,623328,271331,068329,800338,250561,48083,5500000000 EXPENDITURES 40-40-385Treasurer's Fees GO Bond2,0002,0001,6042,0002,0001,6022,0002,0001,5502,0002,0002,0002,0002,0000000000 40-40-390Abatements - GO Bond000000000000000000000 40-40-500Cost of Issuance000000000000000000000 40-40-550Underwriters Discount000000000000000000000 40-40-810Bond Principal - 02 S&U Issue20,00020,00020,00025,00025,00025,00025,00025,00025,00025,00025,00030,00060,00000000000 40-40-811Bond Principal - 98 GO Issue40,00040,00040,00040,00040,00040,00040,00040,000040,00045,00045,00050,00000000000 40-40-812Bond Principal - 98 S&U Issue155,000155,000155,000160,000160,000160,000170,000170,000170,000170,000180,000195,000380,00000000000 40-40-820Bond Interest - 02 S&U Issue9,4769,4769,4768,3388,3388,3387,0137,0133,8507,0135,6384,1251,65000000000 40-40-821Bond Interest - 98 GO Issue13,97613,97613,97511,82611,82611,8259,6769,6764,8389,6767,5265,1062,68800000000 40-40-822Bond Interest - 98 S&U Issue62,77562,77562,77554,27054,27054,27045,36045,36024,97545,36035,91025,78510,26000000000 40-40-850Bond Agent Fees2,5002,5001,3422,5002,5001,3422,5002,5007502,5003,0003,0003,00000000000 40-40-910Transfer to DSF Reserves24,92324,923026,92628,676029,07429,074029,51925,72628,234000000000 40-40-920Transfer to Other Funds0175,000175,000175,000175,000175,00000000051,88281,5500000000 Sub-Total330,650505,650479,172505,860507,610477,389330,623330,623230,963331,068329,800338,250561,48083,5500000000 DEBT SERVICE REVENUES330,650505,650507,280505,860507,610506,862330,623330,623328,271331,068329,800338,250561,48083,5500000000 DEBT SERVICE EXPENDITURES330,650505,650479,171505,860507,610477,389330,623330,623230,963331,068329,800338,250561,48083,5500000000 10/15/2014201220122012201320132013201420142014201420152016201720182019202020212022202320242025 BudgetRevised BudgetActualsBudgetRevised BudgetActualsBudgetRevised BudgetYear to DateYEEBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudget DEBT SERVICE REVENUES OVER EXPENDITURES0028,1080029,4730097,309000000000000 WATER FUND REVENUES TAXES 50-31-100Property Tax000000000000000000000 50-31-200Fraser Firming Revenue00000050,00050,00037,80450,00050,0000000000000 Sub-Total00000050,00050,00037,80450,00050,0000000000000 LICENSES & PERMITS 50-32-100Excavation Permit Fees200200550200200550200200275275200200200200200200200200200200200 Sub-Total200200550200200550200200275275200200200200200200200200200200200 CHARGES FOR SERVICES 50-34-100Customer Service Charges605,000605,000612,704643,364643,364662,002722,080722,080543,324722,080744,242767,070790,582814,799839,743865,435891,899919,156947,230976,1471,005,931 50-34-150Penalties & Interest1,0001,0009,3201,0001,0006,0801,0001,0006781,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,000 50-34-200Plant Investment Fees8,0008,00008,0008,0006,0008,0008,0000024,00024,00032,00040,00040,00040,00040,00040,00040,00040,00040,000 50-34-300Water Meter Sales1,0001,0002,98050050016,83450050014,87615,000500500500500500500500500500500500 Sub-Total615,000615,000625,004652,864652,864690,917731,580731,580558,878738,080769,742792,570824,082856,299881,243906,935933,399960,656988,7301,017,6471,047,431 MISCELLANEOUS REVENUE 50-36-100Interest Earnings3003001,3781,0001,0009291,0001,0007251,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,000 50-36-900Miscellaneous Revenue5,0005,0003,1682,5002,50011,8172,5002,5004,0814,1002,5002,5002,5002,5002,5002,5002,5002,5002,5002,5002,500 Sub-Total5,3005,3004,5463,5003,50012,7463,5003,5004,8065,1003,5003,5003,5003,5003,5003,5003,5003,5003,5003,5003,500 OTHER SOURCES & TRANSFERS 50-39-100Debt Service Proceeds000000000000000000000 50-39-200Grants and Aid from Agencies00000000050,00000000000000 50-39-910Transfer in from General Fund000000000000000000000 50-39-999Carryover Balance393,020393,020415,243337,393337,393422,680438,348438,348573,820573,820644,558177,387(3,756,051)(4,183,123)(4,596,540)(5,060,568)(5,149,530)(5,185,819)(5,236,899)(5,284,320)( 5,325,224) Sub-Total393,020393,020415,243337,393337,393422,680438,348438,348573,820623,820644,558177,387(3,756,051)(4,183,123)(4,596,540)(5,060,568)(5,149,530)(5,185,819)(5,236,899)(5,284,320)(5,325,224) New Revenues620,500620,500630,100656,564656,564704,213785,280785,280601,764793,455823,442796,270827,782859,999884,943910,635937,099964,356992,4301,021,3471,051,131 Total Revenue with Carryover1,013,5201,013,5201,045,343993,957993,9571,126,8931,223,6281,223,6281,175,5841,417,2751,468,000973,657(2,928,269)(3,323,124)(3,711,597)(4,149,932)(4,212,432)(4,221,463)(4, 244,469)(4,262,973)(4,274,093) EXPENTITURES 50-40-110Salaries170,000170,000166,060165,000165,000164,895173,250173,250113,979165,000175,000183,750192,938202,584212,714223,349234,517246,243258,555271,482285,057 50-40-210Health Insurance32,00032,00028,76230,00030,00028,46833,60033,60017,86129,50025,00028,00031,36035,12339,33844,05949,34655,26761,89969,32777,646 50-40-220FICA Tax13,00513,00511,73111,00011,00011,65113,25413,2548,31212,62313,38814,05714,76015,49816,27317,08617,94118,83819,77920,76821,807 50-40-230Retirement6,8006,8005,9466,6006,6005,7936,9306,9303,3336,6006,2007,3507,7188,1038,5098,9349,3819,85010,34210,85911,402 50-40-250Unemployment Tax510510494495495492520520338495525551579608638670704739776814855 50-40-260Workers Comp Claims000000000000000000000 50-40-280Training Programs3,5003,5006113,0003,0001,1813,0003,0001101,0003,0003,0003,0003,5003,5003,5003,5003,5003,5003,5003,500 50-40-290Travel, Meals and Lodging3,5003,500743,0003,0002323,0003,000201,0003,0003,0003,0003,5003,5003,5003,5003,5003,5003,5003,500 50-40-295Meals and Entertainment2,0002,0001,8672,0002,0001,6032,0002,000872,0002,0002,0002,0002,0002,0002,0002,0002,0002,0002,0002,000 50-40-300Administrative Reimbursement000000000000000000000 50-40-310Legal Fees35,00035,00074,40135,00035,00041,13585,00085,00031,61455,000100,00050,00050,00050,00050,00050,00050,00050,00050,00050,00050,000 50-40-330Engineering Fees40,00040,0002,24520,00020,0004,76960,00060,00011,41035,00070,00020,00020,00020,00020,00020,00020,00020,00020,00020,00020,000 50-40-360Computers-Networks and Support10,00010,0003,67010,00010,0004,19010,00010,0003,56310,0006,0006,5007,0007,0007,0007,0007,0007,0007,0007,0007,000 50-40-370Other Professional Services15,00015,0009105,0005,0004725,0005,00022,11730,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,000 50-40-385Treasurer's Fees000000000000000000000 50-40-390Abatements000000000000000000000 50-40-410Bank Charges000000000000000000000 50-40-430Insurance 20,00020,00016,11620,00020,00020,25925,00025,00014,58415,00020,00025,00025,00030,00030,00030,00030,00030,00030,00030,00030,000 50-40-440Advertising50050015450050066550050046500500500500500500500500500500500500 50-40-460System Repair and Maint - Prod30,00030,00011,39535,00035,00032,00470,00070,0007,19115,00083,00052,00055,00065,00060,00065,00070,00075,00075,00075,00075,000 50-40-465System Repair and Maint - Dist30,00030,00039,34330,00030,0008,21245,00045,0007,33115,00060,00042,00045,00045,00050,00050,00055,00060,00060,00060,00060,000 50-40-490Professional Memberships8,0008,0005,0708,0008,0006,3488,0008,0002,2157,0008,0008,0008,0009,0009,0009,0009,00010,00010,00010,00010,000 50-40-500Operating Supplies-Production30,00030,00011,96325,00025,00018,18325,00025,00011,70920,00035,00035,00040,00040,00045,00045,00045,00050,00050,00050,00050,000 50-40-505Operating Supplies-Distrib25,00025,0003,07720,00020,00025,55925,00025,00014,94525,00025,00025,00030,00035,00035,00035,00040,00040,00040,00040,00040,000 50-40-510Equipment Purchase and Repair5,0005,0009385,0005,00035012,00012,0001,50810,00055,000115,00025,00025,00030,00030,00030,00035,00035,00035,00035,000 50-40-520Testing5,0005,0001,3183,0003,0004,1415,0005,0002,5054,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,000 50-40-550Postage & Billing Supplies3,5003,5001,5303,5003,5001,4513,5003,5008872,5002,5002,5002,5003,0003,0003,0003,5003,5003,5004,0004,000 50-40-560Utilities - Telephone5,5005,5003,0393,5003,5002,6663,5003,5002,3983,5003,5003,5004,0004,0004,0004,0004,5004,5004,5004,5005,000 50-40-562Utilities - Electricity45,00045,00034,32950,00050,00035,62950,00050,00022,00140,00055,00055,00055,00060,00060,00060,00060,00060,00060,00060,00060,000 50-40-670Prop Mgmt - Fraser WTP6,0006,00002,0002,0002,0765,0005,000435,0003,0003,0004,0008,0005,0005,0005,0006,0008,0008,0008,000 50-40-680Prop Mgmt - Maryvale WTP6,0006,00054910,00010,0002,1975,0005,000435,0003,0003,0004,0008,0005,0005,0005,0006,0008,0008,0008,000 50-40-685Prop Mgmt - St. Louis Headgate7,135000000000000000000 50-40-690Miscellaneous Expense2,0002,0001252,0002,0001152,0002,000652,0002,0002,0002,0003,0003,0003,0003,0003,0003,0003,0003,000 50-40-695Bad Debt Write Off000000000000000000000 50-40-715Water Rights - Diversion & Dev235,000235,0007,628260,000260,0007,82135,00035,0006,79130,000175,00035,0005,00005,00035,00035,00035,00035,00035,00035,000 50-40-730Capital Projects150,000150,000114,07191,00091,00013,054160,000160,00017,26240,000176,0003,825,000487,500460,000511,000110,00050,00050,00050,00050,00050,000 50-40-740Capital Purchases000000000000000000000 50-40-760Fraser Firming - CapProj00000050,00050,000075,00050,00050,000000000000 50-40-770PIF - Capital Purchases000000000000000000000 10/15/2014201220122012201320132013201420142014201420152016201720182019202020212022202320242025 BudgetRevised BudgetActualsBudgetRevised BudgetActualsBudgetRevised BudgetYear to DateYEEBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudget 50-40-780Capitalized Assets - Audit000000000000000000000 50-40-790Depreciation000000000000000000000 50-40-810Debt Service - Principal000000000000000000000 50-40-820Debt Service - Interest000000000000000000000 50-40-850Debt Service - Agent Fees000000000000000000000 50-40-910Transfer to General Fund000000000000000000000 50-40-930Transfer to CERF10,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,000 50-40-970Transfer to O&M Reserves60,00060,00060,000100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000100,000 50-40-980Transfer to Metro Districts000000000000000000000 50-40-990Transfer to Wastewater Fund000000000000000000000 Sub-Total1,007,8151,007,815624,551969,595969,595555,6081,035,0531,035,053434,270772,7181,290,6134,729,7081,254,8541,273,4161,348,971999,598973,3871,015,4361,039,8511,062,2521,086,267 WATER FUND REVENUES1,013,5201,013,5201,045,343993,957993,9571,126,8931,223,6281,223,6281,175,5841,417,2751,468,000973,657(2,928,269)(3,323,124)(3,711,597)(4,149,932)(4,212,432)(4,221,463)(4,244,469)( 4,262,973)(4,274,093) WATER FUND EXPENDITURES1,007,8151,007,815624,551969,595969,595555,6081,035,0531,035,053434,270772,7181,290,6134,729,7081,254,8541,273,4161,348,971999,598973,3871,015,4361,039,8511,062,2521,086,267 WATER FUND REVENUES OVER EXPENDITURES5,7055,705420,79224,36224,362571,285188,574188,574741,314644,558177,387(3,756,051)(4,183,123)(4,596,540)(5,060,568)(5,149,530)(5,185,819)(5,236,899)(5,284,320)(5, 325,224)(5,360,360) WASTEWATER FUND REVENUES TAXES000000000000000000000 Property Tax Specific Ownership Tax Sub-Total000000000000000000000 LICENSES & PERMITS 55-32-100Excavation Permit Fees00000000325000000000000 Sub-Total00000000325000000000000 CHARGES FOR SERVICES 55-34-100Customer Service Charges604,000604,000606,258616,580616,580618,173679,056679,056508,061676,828679,056680,056681,056682,056682,056682,056682,056682,056682,056682,056682,056 55-34-150Penalties & Interest1,0001,0003,1101,0001,0002,3301,0001,0001,4922,6501,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,000 55-34-200Plant Investment Fees7,5007,50015,7007,5007,500179,0007,5007,500120,000120,00013,00013,00020,00020,00020,00020,00020,00020,00020,00020,00020,000 55-34-999Contributed Assets000000000000000000000 Sub-Total612,500612,500625,068625,080625,080799,503687,556687,556629,553799,478693,056694,056702,056703,056703,056703,056703,056703,056703,056703,056703,056 MISCELLANEOUS REVENUE 55-36-100Interest Earnings2,0002,0004,8252,0002,0009,2142,5002,5002,0403,0003,0003,5003,5003,5003,5003,5003,5003,5003,5003,5003,500 55-36-500JFF Management Fee28,42028,42028,42228,42028,42028,42229,00029,00021,75029,00029,00029,00029,00029,00029,00029,00029,00029,00029,00029,00029,000 55-36-900Miscellaneous Revenue0001,5001,50038000000000000000 Sub-Total30,42030,42033,24731,92031,92037,67431,50031,50023,79032,00032,00032,50032,50032,50032,50032,50032,50032,50032,50032,50032,500 OTHER SOURCES & TRANSFERS 55-39-100Debt Service Proceeds000000000000000000000 55-39-200Grants and Aid from Agencies000000000000000000000 55-39-910Transfer in from General Fund000000000000000000000 55-39-999Carryover Balance2,077,2332,077,2332,156,0332,092,7332,092,7332,373,7912,624,9862,624,9862,699,8022,699,8022,920,7012,624,2692,617,1892,512,6072,288,0442,071,9421,828,1541,560,4401,272,45496 2,734629,692 Sub-Total2,077,2332,077,2332,156,0332,092,7332,092,7332,373,7912,624,9862,624,9862,699,8022,699,8022,920,7012,624,2692,617,1892,512,6072,288,0442,071,9421,828,1541,560,4401,272,454962,734629,692 new revenues642,920642,920658,315657,000657,000837,177719,056719,056653,668831,478725,056726,556734,556735,556735,556735,556735,556735,556735,556735,556735,556 total revenues with carryover 2,720,1532,720,1532,814,3482,749,7332,749,7333,210,9683,344,0423,344,0423,353,4703,531,2803,645,7573,350,8253,351,7453,248,1633,023,6002,807,4982,563,7102,295,9962,008,0 101,698,2901,365,248 EXPENDITURES 55-40-110Salaries180,000180,000161,236170,000170,000174,615178,500178,500146,040182,000185,000194,250203,963214,161224,869236,112247,918260,314273,329286,996301,346 55-40-210Health Insurance30,00030,00023,99525,50025,50025,69328,56028,56021,95427,00027,00030,24033,86937,93342,48547,58353,29359,68866,85174,87383,858 55-40-220FICA Tax13,77013,77011,87112,50012,50012,69913,65513,65510,75313,92314,00014,86015,60316,38317,20218,06318,96619,91420,91021,95523,053 55-40-230Retirement7,2007,2005,7686,5006,5006,1627,1407,1404,6276,5007,0007,7708,1598,5668,9959,4449,91710,41310,93311,48012,054 55-40-250Unemployment Tax540540483510510520536536433546555583612642675708744781820861904 55-40-260Workers Comp Claims000000000000000000000 55-40-280Training Programs2,0002,000602,0002,000552,0002,00001,0002,5002,5002,5003,0003,0003,0003,0003,0003,0003,0003,000 55-40-290Travel, Meals and Lodging2,0002,000222,0002,000902,0002,00001,0002,5002,5002,5003,0003,0003,0003,0003,0003,0003,0003,000 55-40-295Meals and Entertainment5005004985005005181,0001,000821,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,000 55-40-310Legal Fees5,0005,00005,0005,00005,0005,00022,81430,00015,00015,00015,00015,00015,00015,00015,00015,00015,00015,00015,000 55-40-330Engineering Fees20,00020,0004,09310,00010,0001,75610,00010,0002,7035,00010,00015,00015,00015,00015,00015,00020,00020,00020,00020,00020,000 55-40-360Computers-Networks and Support6,0006,0002,1456,0006,0002,6656,0006,0001,9925,0006,0006,5007,0007,0007,0007,0007,0007,0007,0007,0007,000 55-40-370Other Professional Services10,00010,0004,01810,00010,00073710,00010,00021,00730,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,000 55-40-410Bank Charges1001000100100010010000100100100100100100100100100100100 55-40-430Insurance5,5005,5003,8925,5005,5005,4106,0006,0005,8605,8606,5006,5007,0007,0007,0007,0007,0007,0007,0007,0007,000 55-40-440Advertising000500500550050000500500500500500500500500500500500 55-40-460System Repair and Maint-Collec50,00050,00031,89960,00060,00028,127160,000160,00049,17580,000130,00080,00042,00090,00055,00065,00065,00065,00065,00065,00065,000 55-40-490Professional Memberships6,0006,0005,4106,0006,0004,4386,0006,0001,1856,0006,0006,0006,5006,5006,5006,5006,5006,5006,5006,5006,500 55-40-500Operating Supplies-Collections5,0005,0002395,0005,000185,0005,0004832,5005,0005,0005,0005,5005,5005,5005,5005,5005,5005,5005,500 55-40-510Equipment Purchase and Repair5,5005,50002,5002,50002,5002,5005022,5005,0005,0005,5005,5005,5005,5005,5005,5005,5005,5005,500 10/15/2014201220122012201320132013201420142014201420152016201720182019202020212022202320242025 BudgetRevised BudgetActualsBudgetRevised BudgetActualsBudgetRevised BudgetYear to DateYEEBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudgetBudget 55-40-520Testing1,0001,0002301,0001,0001801,0001,00002501,0001,0001,0001,0001,0001,0001,0001,0001,0001,0001,000 55-40-550Postage & Billing Supplies2,5002,5001,3242,5002,5001,4112,5002,5008572,0003,0003,0003,0003,0003,0003,0003,0003,0003,0003,0003,000 55-40-560Utilities - Telephone1,5001,500268500500257500500191500500500500500500500500500500500500 55-40-650WW Treatment Charges/JFOC185,310185,310122,199188,000188,000153,230204,002204,002102,918175,000209,833219,833224,833224,833224,833224,833224,833224,833224,833224,833224,833 55-40-660JFF CapRepl Reserve0050,783000000000200,000200,000200,000200,000200,000200,000200,000200,000200,000 55-40-670JFF O&M Reserve000000000000000000000 55-40-690Miscellaneous Expense3,0003,0001243,0003,0001153,0003,000653,0003,0003,0003,0004,0004,0004,0004,0004,0004,0004,0004,000 55-40-695Bad Debt Write Off000000000000000000000 55-40-730Capital Projects75,00075,0000135,000135,00076,38960,00060,00000360,50093,00015,00070,00080,00080,00080,00080,00080,00080,00080,000 55-40-740Capital Purchases0000000017,18720,00000000000000 55-40-760PIF - Capital Projects000000000000000000000 55-40-770PIF - Capital Purchases000000000000000000000 55-40-780Capitalized Assets - Audit000000000000000000000 55-40-790Depreciation000000000000000000000 55-40-810Debt Service - Principal000000000000000000000 55-40-820Debt Service - Interest000000000000000000000 55-40-850Debt Service - Agent Fees000000000000000000000 55-40-910Transfer to General Fund000000000000000000000 55-40-930Transfer to CERF10,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,00010,000 55-40-970Transfer to O&M Reserves000000000000000000000 55-40-990Transfer to Water Fund000000000000000000000 Sub-Total627,420627,420440,557670,110670,110505,089725,493725,493420,828610,5791,021,488733,636839,138960,119951,658979,3441,003,2701,023,5421,045,2761,068,5981,093,647 WASTEWATER FUND REVENUES2,720,1532,720,1532,814,3482,749,7332,749,7333,210,9683,344,0423,344,0423,353,4703,531,2803,645,7573,350,8253,351,7453,248,1633,023,6002,807,4982,563,7102,295,9962,008,0101,69 8,2901,365,248 WASTEWATER FUND EXPENDITURES627,420627,420440,557670,110670,110505,089725,493725,493420,828610,5791,021,488733,636839,138960,119951,658979,3441,003,2701,023,5421,045,2761,068,5981,093,647 WASTEWATER FUND REVENUES OVER EXPENDITURES2,092,7332,092,7332,373,7912,079,6232,079,6232,705,8792,618,5492,618,5492,932,6432,920,7012,624,2692,617,1892,512,6072,288,0442,071,9421,828,1541,560,4401,27 2,454962,734629,692271,601 PETERSEN TRUST REVENUE 70-30-100Petersen Trust + Leverage04,4094,409000000000000000000 70-30-800Interest Earnings102020000000000000000000 70-30-910Transfer in from General Fund000000000000000000000 70-30-920Transfer in from Other Funds015,33715,337000000000000000000 70-30-999Carryover Balance12,27211,58211,582000000000000000000 Sub-Total12,28231,34831,348000000000000000000 EXPENDITURES 70-40-410Bank Charges000000000000000000000 70-40-650Petersen Trust Exp - Flag Pole000000000000000000000 70-40-660Petersen Trust Exp - Dugouts000000000000000000000 70-40-670Petersen Trust Exp - Trail 12,28231,34831,348000000000000000000 70-40-680Petersen Trust Exp - OldChurch000000000000000000000 70-40-910Transfer to General Fund000000000000000000000 Sub-Total12,28231,34831,348000000000000000000 PETERSEN TRUST REVENUES12,28231,34831,348000000000000000000 PETERSEN TRUST EXPENDITURES12,28231,34831,348000000000000000000 PETERSEN TRUST REVENUES OVER EXPENDITURES0(0)0000000000000000000 Sewer CIP Project 2014201520162017201820192020 Description TOF LineComments Downtown Fraser west of ZerexDowntown Fraser west of Zerex Cleaning/Video W012-W019; W025; W036 55-40-460 55-40-460 CIPP: W036-W034; W025-W02955-40-730 CIPP: W019-W016; W012-W-015; W012- W011; W011-W004Completes Service areas west of tracks 55-40-730 Downtown Fraser west of Zerex CIPP: W036-W025-W019-W011 (4,368 LF) (W001-W053)55-40-730 CIPP - 46 taps @ $120 each55-40-730 $ 7,500 MH Rehab @ $2,500 each55-40-730 W011-W010 $ 25,000 CIPP- 106LF clay () UPRR 55-40-730completed 2013 what if?: 30 taps @$3,500 ea= $122,500 SL $ 30,000 main line R&R-300' + 7 taps55-40-730 replcmt @ $18/LF $ 25,000 $ 37,500 $ - $ - $ - $ - $ - Subtotal Downtown Fraser east of ZerexTOF LineDowntown Fraser east of Zerex Cleaning/Video 55-40-460W007-B007= $724; E004,003-B010= $165 55-40-460 CIPP: W010-W009-E004; W020-W021; Completes service area west of and including Downtown Fraser east of Zerex, W023-W024; W038-W037 (2,755 LF)Zerex (US40) 55-40-730 including Zerex CIPP - 54 taps @ $120 each55-40-730 (W007, W006, E004-B007) $ 2,500 $ 2,500 MH Rehab @ $2,500 each55-40-730 (E004, E003-B010) $ 25,000 main line R&R-90' + 5 taps55-40-730open trench R&R $ 55,000 main line R&R-500' + 12 taps55-40-730open trench R&R $ 2,500 $ 82,500 $ - $ - $ - $ - $ - Subtotal Quail Drive & Line behind LotsTOF LineQuail Drive & Line behind Lots Cleaning/Video55-40-460 55-40-460 1,383 LF Rehab/Upsize to 12"55-40-730Redline: Opt. 5 w/WPR: const 2013 CIPP D003, D006 & D009 (790 LF)55-40-730Completes Service areas below Ptarmigan Quail Drive (between Quail Dr lots & CIPP - 46 taps @ $120 each55-40-730 lower Wapiti Dr lots) $ 5,000 MH Rehab @ $2,500 each55-40-730 (D001-D010) Service Tap Rehab @ $3,500 ea55-40-730 Old Town $ 15,000 Main line R&R-100' + 5 taps55-40-730 System 55-40-730 $ - $ 20,000 $ - $ - $ - $ - $ - Subtotal Wapiti MeadowsTOF LineWapiti Meadows Cleaning/Video D009-10; WM001-00455-40-460 55-40-460 Service Tap Rehab @ $2,000 ea55-40-730 Wapiti Meadows $ 2,500 $ 2,500 MH Rehab @ $2,500 each55-40-730 (WM001-WM004 ) WM001-D009 CIPP- 311 LF clay () 55-40-730 Service Tap Rehab @ $3,500 ea55-40-730 $ 2,500 $ 2,500 $ - $ - $ - $ - $ - Subtotal PtarmiganTOF LinePtarmigan Cleaning/Video P008-03455-40-460 2 spot repairs (Ermine & Ferret)55-40-460Failed waterline x-ing's CIPP: D008-P001; P002-P008 (1,813 LF)55-40-730Completes Service areas in lower Ptarmigan Ptarmigan CIPP - 46 taps @ $120 each55-40-730 (P001-P034) $ 2,500 $ 2,500 MH Rehab @ $2,500 each55-40-730 Service Tap Rehab @ $3,500 ea55-40-730 $ 2,500 $ 2,500 $ - $ - $ - $ - $ - Subtotal Fox RunTOF LineFox Run Cleaning/Video FR001-011 & P01555-40-460 55-40-460 Fox Run 55-40-730 (FR001-FR011) $ 1,500 $ 3,000 MH Rehab @ $2,500 each55-40-730 $ 10,000 main line R&R-40' + no taps55-40-730 $ 1,500 $ 13,000 $ - $ - $ - $ - $ - Subtotal Service AreasTOF LineService Areas South - $ 22,500 $ 25,000 Cleaning/Video 55-40-460 North - $ 22,500 $ 25,000 Cleaning/Video 55-40-460System video/clean ID leaky taps: CIRSA 3 yr cycle South - $ 1,500 MH Rehab 55-40-730$8,000 2 spot repairs @ $3,500 each Service Areas North - $ 1,500 MH Rehab 55-40-730 $ 100,000 Old Town Tap repairs - 28 taps55-40-730$3,500/tap $ 48,000 $ 100,000 $ - $ - $ 50,000 $ - $ - Subtotal Sewer CIP Project 2014201520162017201820192020 Description TOF LineComments TOF Line Cleaning/Video 55-40-460$ 45,000$ - $ - $ - $ 50,000$ - $ - Old Town 55-40-460$ - $ - $ - $ - $ - $ - $ - System MH Rehab 55-40-730$ 12,000$ 23,000$ - $ - $ - $ - $ - $8,000 2 spot repairs @ $3,500 ea. Service Tap Rehab 55-40-730$ - $ 100,000$ - $ - $ - $ - $ - Subtotals 55-40-730$ 25,000$ 135,000$ - $ - $ - $ - $ - Subtotal $ 82,000$ 258,000$ - $ - $ 50,000$ - $ - Cozens MeadowTOF LineCozens Meadow Cleaning/Video55-40-460$ 3,000$ 3,000$ 3,500 55-40-460 Cozens Meadow 55-40-730 MH Rehab (CM001-CM005) 55-40-730$ 2,500 55-40-730 Subtotal $ 5,500$ 3,000$ - $ - $ 3,500$ - $ - Old Victory Road Phase I TOF LineOld Victory Road Phase I Cleaning/Video55-40-460$ 1,500$ 1,500 55-40-460 Old Victory Road Phase I 55-40-730 MH Rehab (GP001- GP018) 55-40-730$ 2,500 55-40-730 Subtotal $ 2,500$ 1,500$ - $ - $ 1,500$ - $ - Old Victory Road Phase II TOF LineOld Victory Road Phase II Cleaning/Video55-40-460$ 1,500 55-40-460 Old Victory Road Phase II 55-40-730 MH Rehab (GP019-GPW001) 55-40-730$ 2,500$ 2,500 55-40-730 Subtotal $ - $ 4,000$ 2,500$ - $ - $ - $ - US Hwy 40/Stagecoach Road Utility CrossingUS Hwy 40/Stagecoach Road Utility Crossing TOF Line Cleaning/Video55-40-460$ 2,500 55-40-460 US Hwy 40/Stagecoach Road Utility Old Town 55-40-730 Crossing MH Rehab 55-40-730$ 2,500 System (EM005-EM006) 55-40-730 Subtotal $ 2,500$ 2,500$ - $ - $ - $ - $ - Grand The Village at Grand Park TOF LineThe Village at Grand Park Park Cleaning/Video55-40-460 System Detention pond annual maintenance 55-40-460$ 1,000 StormCeptor annual maintenance 55-40-460$ 6,000$ 6,000$ 6,000contract The Village at Grand Park 55-40-730 (GPV001-GPV019) MH Rehab 55-40-730$ 2,500 55-40-730 Subtotal $ - $ 9,500$ - $ 6,000$ - $ 6,000$ - The Willows TOF LineThe Willows Cleaning/Video55-40-460$ 2,500 55-40-460 The Willows 55-40-730 (GPW001-GPW016) MH Rehab 55-40-730$ 5,000$ 5,000 55-40-730 Subtotal $ 5,000$ 2,500$ 5,000$ - $ - $ - $ - Cozens Pointe TOF LineCozens Pointe Cleaning/Video55-40-460$ 1,500 55-40-460 Cozens Pointe 55-40-730 (CP001-CP011) MH Rehab 55-40-730$ 2,500 55-40-730 Subtotal $ - $ 1,500$ - $ 2,500$ - $ - $ - Grand Park System Sewer CIP Project 2014201520162017201820192020 Description TOF LineComments Service Areas TOF LineCozens Pointe North - Cleaning/Video 55-40-460$ 12,000 South - Cleaning/Video (GP S & RV Centrl) 55-40-460 Willows/OVR - Cleaning/Video 55-40-460 Service Areas 55-40-730 MH Rehab 55-40-730 55-40-730$ 70,000CIRSA suggests every 3 yrs Subtotal $ - $ - $ - $ - $ 70,000$ 12,000$ - TOF Line Grand Cleaning/Video55-40-460$ 3,000$ 12,500$ - $ - $ 5,000$ 12,000$ - Park 55-40-460$ - $ 7,000$ - $ 6,000$ - $ 6,000$ - System MH Rehab 55-40-730$ 12,500$ 5,000$ 7,500$ 2,500$ - $ - $ - 55-40-730$ - $ - $ - $ - $ 70,000$ - $ - subtotals Subtotal $ 15,500$ 24,500$ 7,500$ 8,500$ 75,000$ 18,000$ - Entrance/On-Site TOF LineEntrance/On-Site Cleaning/Video55-40-460 55-40-460 Entrance/On-Site Line 55-40-730 (EM002-E004 , EM007-EM024, EM027, MH Rehab 55-40-730$ 2,500 EM031-EM034) 55-40-730 Subtotal $ - $ 2,500$ - $ - $ - $ - $ - Filing 1A TOF LineFiling 1A Cleaning/Video55-40-460 Detention pond annual maintenance 55-40-460$ 5,000repair sloughed pond @ RV & PT Filing 1A 55-40-730 MH Rehab (EM035-EM111) 55-40-730$ 3,000$ 3,000$ 3,000 55-40-730 Subtotal $ 3,000$ 8,000$ - $ 3,000$ - $ - $ - Filing 1B TOF LineFiling 1B Cleaning/Video55-40-460 Detention pond annual maintenance 55-40-460 Filing 1B 55-40-730 Old Town MH Rehab (EMN001-EMN039, EMN052-EMN081) 55-40-730$ 2,500 System 55-70-730 Subtotal $ 2,500$ - $ - $ - $ - $ - $ - Filing 2 TOF LineFiling 2 Filing 2 Cleaning/Video55-40-460 (EMS001, EMS003, EMS006, EMS007, Detention pond annual maintenance 55-40-460 EMS025-EMS026, EMS035, EMS041- 55-40-730 MH Rehab EMS042, EMS052-EMS060, EMS067, 55-40-730$ 2,500$ 2,500 EMS069, EMS96-EMS133, EMS141-55-40-730 Subtotal $ 2,500$ - $ 2,500$ - $ - $ - $ - EMS174) Filing 3 TOF LineFiling 3 Cleaning/Video55-40-460 Detention pond annual maintenance 55-40-460 Filing 3 55-40-730 MH Rehab (EMS068-EMS084, EMS097) 55-40-730 55-40-730 Subtotal $ - $ - $ - $ - $ - $ - $ - Filing 4 TOF LineFiling 4 Cleaning/Video55-40-460 55-40-460 Filing 4 55-40-730 MH Rehab (EMS043-EMS051, EMS061-EMS066) 55-40-730 55-40-730 Subtotal $ - $ - $ - $ - $ - $ - $ - Filing 5 TOF LineFiling 5 Cleaning/Video55-40-460 Detention pond annual maintenance 55-40-460 Filing 5 55-40-730 MH Rehab (EMN040-EMN051) 55-40-730 55-40-730 Subtotal $ - $ - $ - $ - $ - $ - $ - Rendezvous System Sewer CIP Project 2014201520162017201820192020 Description TOF LineComments Rendezvous System Filing 6 TOF LineFiling 6 Cleaning/Video55-40-460 Detention pond annual maintenance 55-40-460 Filing 6 55-40-730 MH Rehab (EMS085-EMS095, EMS134-EMS140) 55-40-730 55-40-730 Subtotal $ - $ - $ - $ - $ - $ - $ - Filing 7 TOF LineFiling 7 Cleaning/Video55-40-460 Detention pond annual maintenance 55-40-460 Filing 7 55-40-730 (EMS002-EMS005, EMS008-EMS034, MH Rehab 55-40-730$ 3,000$ 3,000 EMS036-EMS041) 55-40-730 Subtotal $ - $ 3,000$ - $ 3,000$ - $ - $ - Filing 8 TOF LineFiling 8 Cleaning/Video55-40-460 Filing 8 55-40-460 MH Rehab (no TOF sewer lines) 55-40-730 Subtotal $ - $ - $ - $ - $ - $ - $ - Outfall Line TOF LineOutfall Line Cleaning/Video55-40-460 55-40-460 Outfall Line 55-40-730 MH Rehab (E014-E031) 55-40-730$ 3,000$ 3,000$ 3,000$ 3,000 55-40-730 Subtotal $ 3,000$ 3,000$ 3,000$ 3,000$ - $ - $ - On-Site Outfall Line TOF LineOn-Site Outfall Line Cleaning/Video55-40-460 55-40-460 On-site Outfall Line 55-40-730 MH Rehab (EM001-EM002, E006-E012) 55-40-730$ 3,000 55-40-730 Old Town Subtotal $ - $ 3,000$ - $ - $ - $ - $ - Service Areas TOF LineOn-Site Outfall Line System South - Cleaning/Video 55-40-460$ 45,000$ 27,000 Central - Cleaning/Video 55-40-460$ 25,000 North - Cleaning/Video 55-40-460 Trunk Line - Service Areas A/B/C segments 55-40-730 MH Rehab 55-40-730 55-40-730$ 80,000CIRSA suggests every 3 yrs Subtotal $ - $ 25,000$ 45,000$ - $ - $ 80,000$ 27,000 TOF Line Cleaning/Video55-40-460$ - $ 25,000$ 45,000$ - $ - $ - $ 27,000 Dent pond rehab/maint 55-40-460$ - $ 5,000$ - $ - $ - $ - $ - MH Rehab 55-40-730$ 11,000$ 14,500$ 5,500$ 9,000$ - $ - $ - 55-40-730$ - $ - $ - $ - $ - $ 80,000$ - System subtotals Subtotal $ 11,000$ 44,500$ 50,500$ 9,000$ - $ 80,000$ 27,000 Rendezvous A Line TOF LineA Line Cleaning/Video55-40-460$ 15,000approx. 4,800 LF 55-40-460 A Line 55-40-730 MH Rehab (A001-A022) 55-40-730 55-40-730 Subtotal $ - $ 15,000$ - $ - $ - $ - $ - B Line TOF LineB Line Cleaning/Video55-40-460$ 22,000approx. 6,400 LF 55-40-460 Main Engineering - Request for variance 55-40-730JRSEC/CDPHE/testing/etc. (Well 8) Collector B Line Encasement / CIPP B004 - B005 55-40-730$ 80,000encase /CIPP? if necessary - (Well 8) (B002-B014) Lines MH Rehab 55-40-730$ 3,000$ 3,000$ 75,000$ 3,000 55-40-730 Subtotal $ 3,000$ 105,000$ 75,000$ 3,000$ - $ - $ - Main Collector Lines Sewer CIP Project 2014201520162017201820192020 Description TOF LineComments C Line TOF LineC Line Cleaning/Video55-40-460$ 7,000approx. 2,200 LF C Line 55-40-460 (Cty Rd 8 to Treatment Plant) 55-40-730 Grand County W&S District #1 is MH Rehab 55-40-730$ 5,000 responsible for replacement and shared 55-40-730 maintenance of this line Subtotal $ - $ 7,000$ 5,000$ - $ - $ - $ - Engineering and Legal-Non CapitalTOF LineEngineering and Legal-Non Capital General 55-40-310 Legal CIP Engineering Support Engineering Support 55-40-330$ 5,000$ 5,000 General Engineering 55-40-330I & I Flow Study Emergency Preparedness 55-40-370 Rate Study Wastewater Fund System R & M - Collections Emergency Reserves / Unexpected Issues 55-40-460 Subtotal $ 5,000$ 5,000$ - $ - $ - $ - $ - Project Totals TOF AccountComments Capital Purchases (General Fund) Subtotal 10-60-740$ - Legal Legal 55-40-310$ - $ - $ - $ - $ - $ - $ - Budget Engineering Engineering 55-40-330$ 5,000$ 5,000$ - $ - $ - $ - $ - Summary Other Professional Other Professional 55-40-370$ - $ - $ - $ - $ - $ - $ - System R & M - CollectionsSystem R & M - Collections 55-40-460$ 48,000$ 93,500$ 45,000$ 6,000$ 55,000$ 18,000$ 27,000 Capital Improvements ProjectsCapital Improvements Projects 55-40-730$ 63,500$ 360,500$ 93,000$ 14,500$ 70,000$ 80,000$ - Capital Purchases Capital Purchases 55-40-740 Wastewater Fund Totals$ 116,500$ 459,000$ 138,000$ 20,500$ 125,000$ 98,000$ 27,000 Last Updated: October 15, 2014 $ 116,500 $ 459,000 $ 138,000 $ 20,500 $ 125,000 $ 98,000 $ 27,000 Old Town System Streets CIP 2014 2015 2016 2017 2018 2019 2020 Project Description TOF LineComments Badger LaneBadger Lane Overlay 10-60-730 Chip Seal $ 250,000 10-60-730 $2.61/SY 2011 funds in 2012 Badger Lane Slurry Seal 10-60-730 305 LF/1195 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 250,214 $ - $ - $ - Subtotal Bridger TraceBridger Trace Overlay 10-60-730 Chip Seal 10-60-730 $3.05/SY Bridger Trace Slurry Seal 10-60-730 1638 LF/ 4694 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Byers AvenueByers Avenue Overlay 10-60-730 Chip Seal: RR-Doc Susie; Doc Susie-Zerex 10-60-730 $2.61/SY Byers Avenue Slurry Seal 10-60-730 1298 LF/2759 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Byers ViewByers View Overlay 10-60-730 Chip Seal 10-60-730 $3.05/SY Byers View Slurry Seal 10-60-730 431 LF/ 1238 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Campfire LaneCampfire Lane Overlay 10-60-730 Chip Seal 10-60-730 $3.05/SY Campfire Lane Slurry Seal 10-60-730 1173 LF/3305 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Carriage RoadCarriage Road Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY Carriage Road Slurry Seal 10-60-730 737 LF/1878 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Clayton AvenueClayton Avenue Overlay $ 24,000 $ 25,000 10-60-730 Remove & Replace @ $50.00/SY Overlay - Visitor Center parking lot - 1,060 SY $ 53,000 $ 55,000 10-60-730 Remove & Replace @ $50.00/SY Chip Seal 10-60-730 Clayton Avenue Slurry Seal 10-60-730 180 LF/480 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 Pedestrian Improvement $ 325,000 10-60-725 Sidewalk imprvt per Eng's estimate 10/2010 $ 77,206 $ 405,209 $ 211 $ 214 $ - $ - $ - Subtotal 1 Streets CIP 2014 2015 2016 2017 2018 2019 2020 Project Description TOF LineComments Clayton CourtClayton Court Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY 2011 funds in 2012 Clayton Court Slurry Seal 10-60-730 694 LF/650 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Cozens RidgeCozens Ridge Overlay 10-60-730 Chip Seal 10-60-730 $2.76/SY Cozens Ridge Slurry Seal 10-60-730 5652 LF/12,658 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Cozens WayCozens Way Overlay 10-60-730 Chip Seal 10-60-730 $3.05/SY Cozens Way Slurry Seal 10-60-730 619 LF/1951 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal CR 72 RoadCR 72 Road Overlay $ 285,000 10-60-730 County cost share? Reconstruct @ $60/SY () Chip Seal 10-60-730 GCR 72 Road Slurry Seal 10-60-730 812 LF/4692 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 285,206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal CR 721 ParkwayCR 721 Parkway Require pavement as a part of annexation agreement? GCR 721 Parkway Town owned: GC maintenance $ - $ - $ - $ - $ - $ - $ - Subtotal CR 8 RoadCR 8 Road Overlay $ 300,000 10-60-730 County cost share? Reconstruct @ $60/SY () Chip Seal 10-60-730 GCR 8 Slurry Seal 10-60-730 US 40 - Wapiti Drive Patch Repair 10-60-725 1595 LF/4647 SY Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 Bridge $ 50,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 50,000 $ 50,000 10-60-725 per 2011 Off-System Inspection by SEH $ 50,206 $ 75,209 $ 375,211 $ 75,214 $ 75,000 $ 50,000 $ 50,000 Subtotal CR 804 RoadCR 804 Road Overlay $ 200,000 10-60-730 County to OL in 2014 Rotomill / 3" OL @ $40.00 /SY - Chip Seal 10-60-730 $3.05/SY GCR 804 Road Slurry Seal 10-60-730 US 40 - W. of Bridge Patch Repair 10-60-725 1004LF/ 2678 SY Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 Bridge repairs $ 26,000 $ 35,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 10-60-725 save for full R&R; GC participate? $ 26,206 $ 235,209 $ 20,211 $ 20,214 $ 20,000 $ 20,000 $ 20,000 Subtotal 2 Streets CIP 2014 2015 2016 2017 2018 2019 2020 Project Description TOF LineComments Discovery LaneDiscovery Lane Overlay 10-60-730 Chip Seal 10-60-730 $3.05/SY Discovery Lane Slurry Seal 10-60-730 978 LF/2824 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Doc Susie AvenueDoc Susie Avenue Overlay 10-60-730 Chip Seal: Elk Cr - Mill; Mill - Byers; Byers - US40 10-60-730 $2.61/SY Doc Susie Avenue Slurry Seal: 10-60-730 1636 LF/4875 SY Patch Repair: 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Eastom AvenueEastom Avenue Overlay 10-60-730 Chip Seal: Norgren - Leonard; US40 - Doc Susie 10-60-730 1,148 SY @ $2.61 in 2011; 848 SY @ $2.61 in 2012 Eastom Avenue Slurry Seal 10-60-730 845 LF/1976 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Eisenhower DriveEisenhower Drive Overlay 10-60-730 Chip Seal: US40-Railroad; Railroad-Leonard; Eisenhower Drive Leonard-Norgren; Norgren-Carriage 10-60-730 $2.61/SY 1622 LF/4544 SY Slurry Seal 10-60-730 Patch Repair $ 8,000 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 8,209 $ 211 $ 214 $ - $ - $ - Subtotal Elk Creek DriveElk Creek Drive Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY Elk Creek Drive Slurry Seal: 10-60-730 771 LF/ 1712 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Engleman StandEngleman Stand Overlay 10-60-730 Chip Seal 10-60-730 $2.76/SY Engleman Stand Slurry Seal 10-60-730 750 LF/2090 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Ermine LaneErmine Lane Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY 2011 funds in 2012 Ermine Lane Slurry Seal 10-60-730 594 LF/1975 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal 3 Streets CIP 2014 2015 2016 2017 2018 2019 2020 Project Description TOF LineComments Ferret LaneFerret Lane Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY Ferret Lane Slurry Seal 10-60-730 488 LF/1655 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal First StreetFirst Street Overlay 10-60-730 Chip Seal First Street $ 2,300 10-60-730 $3.50/SY US40 - Market St. 653 SY Slurry Seal 10-60-730 $2.50/SY Parking 213 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 2,509 $ 211 $ 214 $ - $ - $ - Subtotal Fox LaneFox Lane Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY 2011 funds in 2012 Fox Lane Slurry Seal 10-60-730 233 LF/941 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Fraser AvenueFraser Avenue Overlay 10-60-730 Chip Seal: Norgren-Leonard; RR-N. Zerex 10-60-730 $2.61/SY 2011 funds in 2012; a portion of Fraser Avenue Slurry Seal 10-60-730 1062 LF/2947 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Fremont PointFremont Point Overlay 10-60-730 Chip Seal 10-60-730 $3.05/SY Fremont Point Slurry Seal 10-60-730 145 LF/475 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Friendship DriveFriendship Drive Overlay 10-60-730 Chip Seal 10-60-730 $2.76/SY Friendship Drive Slurry Seal 10-60-730 2105 LF/4271 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Johns DriveJohns Drive Priority- Business Access per Engineer's estimate 9/2010 Overlay 10-60-730 Chip Seal: CR72 - Johns Lane 10-60-730 1,656 SY @ $2.61 2011 funds in 2012 Johns Drive Slurry Seal 10-60-730 940 LF/3232 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 Rework John's Dr frm John's Lane to US40 $ 40,000 10-60-725 $ 206 $ 40,209 $ 211 $ 214 $ - $ - $ - Subtotal 4 Streets CIP 2014 2015 2016 2017 2018 2019 2020 Project Description TOF LineComments Johns DriveJohns Lane Overlay $ 32,000 10-60-730 Reconstruct @ failure Johns Lane Chip Seal 10-60-730 232 LF/670 SY Slurry Seal 10-60-730 Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 32,214 $ - $ - $ - Subtotal Leonard LaneLeonard Lane Overlay 10-60-730 Chip Seal: Mill - Eisen; Eisen - Fraser; Fraser - Eastom 10-60-730 $2.61/SY Leonard Lane Slurry Seal 10-60-730 1466 LF/3280 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Main StreetMain Street Overlay 10-60-730 Main Street Chip Seal 10-60-730 $3.05/SY Market Street - FVMRD Parking Lot Slurry Seal 10-60-730 $1.75/SY Drive lanes 140 SY Patch Repair 10-60-725 Parking 340 SY Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Meadow TrailMeadow Trail Overlay 10-60-730 Chip Seal 10-60-730 $3.05/SY Meadow Trail Slurry Seal 10-60-730 1165 LF/ 2657 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Mill AvenueMill Avenue Overlay 10-60-730 Chip Seal: CR73(TL) - Carr; Carr - Norg; Norg - Leon; RR - Doc (E. RR) 10-60-730 $2.61/SY Chip Seal: 10-60-730 Mill Avenue Patch Repair 10-60-725 1614 LF/3637 SY Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 Drainage Improvements: PH 1- Flow Control Structures (Mill & Leonard) 10-60-730 Control for meadow meltout & St. L breach waters. COMPLETE PH 2- Swale along Mill @ Divide Condos $ 100,000 10-60-730 completes flooding control in this area & Clayton trailer court PH 3- West Meadow Drainage prjt $ 75,000 10-60-730 Directs all other meadow and St. L flows around west side of town. $ 206 $ 75,209 $ 100,211 $ 214 $ - $ - $ - Subtotal Mills MeadowMills Meadow Overlay 10-60-730 Chip Seal 10-60-730 $2.76/SY Mills Meadow Slurry Seal 10-60-730 937 LF/ 2588 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal 5 Streets CIP 2014 2015 2016 2017 2018 2019 2020 Project Description TOF LineComments Mink LaneMink Lane Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY 2011 funds in 2012 Mink Lane Slurry Seal 10-60-730 419 LF/1569 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Moffat WayMoffat Way Overlay 10-60-730 Chip Seal 10-60-730 $2.76/SY Moffat Way Slurry Seal 10-60-730 306 LF/905 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Morning Glory LaneMorning Glory Lane Overlay 10-60-730 Chip Seal 10-60-730 $2.76/SY Morning Glory Lane Slurry Seal 10-60-730 215 LF/665 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Muse DriveMuse Drive Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY Muse Drive Slurry Seal 10-60-730 826 LF/1751 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Norgren RoadNorgren Road Overlay 10-60-730 Chip Seal: Eisenhower - Fraser; Fraser - Muse; Norgren Road Muse - Eastom; Muse - End (Library) 10-60-730 $2.61/SY 2021 LF/4884 SY Slurry Seal 10-60-730 Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Old Victory RoadOld Victory Road Overlay 10-60-730 Chip Seal 10-60-730 $2.76/SY Old Victory Road Slurry Seal 10-60-730 2217 LF/5977 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Park AvenuePark Avenue Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY 2011 funds in 2012 Park Avenue Slurry Seal 10-60-730 678 LF/1431 SY Patch Repair $ 20,000 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 20,209 $ 211 $ 214 $ - $ - $ - Subtotal 6 Streets CIP 2014 2015 2016 2017 2018 2019 2020 Project Description TOF LineComments Pioneer TrailPioneer Trail Overlay 10-60-730 Chip Seal: RV rd - Cz. Rdg 15707; Cz - P tr 6980; PT Pioneer Trail Loop 12093; 10-60-730 15,707SY @ $2.61 in 2011; 19,073SY @ $3.05 in 2013 11,050 LF/29,465 SY Slurry Seal 10-60-730 Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Quail DriveQuail Drive Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY - 2011 funds in 2012 Quail Drive Slurry Seal 10-60-730 2690 LF/1893 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Railroad AvenueRailroad Avenue Overlay 10-60-730 Chip Seal: Mill - Eisen; Eisen - Park; 10-60-730 $2.61/SY Railroad Avenue Slurry Seal 10-60-730 1808 LF/4175 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Rendezvous RoadRendezvous Road Overlay 10-60-730 Chip Seal 10-60-730 $2.76/SY Rendezvous Road Slurry Seal 10-60-730 8080 LF/21,806 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 Bridge $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 10-60-725 per 2011 Off-System Inspection by SHE - COMPLETE $ 5,206 $ 5,209 $ 5,211 $ 5,214 $ 5,000 $ 5,000 $ 5,000 Subtotal Reunion LaneReunion Lane Overlay 10-60-730 Chip Seal 10-60-730 $2.76/SY Reunion Lane Slurry Seal 10-60-730 240 LF/726 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Rifle Shot TrailRifle Shot Trail Overlay 10-60-730 Chip Seal 10-60-730 $3.05/SY Rifle Shot Trail Slurry Seal 10-60-730 589 LF/1258 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Safeway FrontageSafeway Frontage Overlay 10-60-730 Chip Seal 10-60-730 $2.76/SY Safeway Frontage Slurry Seal 10-60-730 1473 LF/3195 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal 7 Streets CIP 2014 2015 2016 2017 2018 2019 2020 Project Description TOF LineComments South Wapiti DriveSouth Wapiti Drive Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY 2011 funds in 2012 South Wapiti Drive Slurry Seal 10-60-730 1153 LF/3,300 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 Bridge (3 culverts) $ 30,000 10-60-725 per 2011 Off-System Inspection by SEH $ 206 $ 30,209 $ 211 $ 214 $ - $ - $ - Subtotal Trails End WayTrails End Way Overlay 10-60-730 Chip Seal 10-60-730 $2.76/SY Trails End Way Slurry Seal 10-60-730 1173 LF/3225 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Wapiti DriveWapiti Drive Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY Slurry Seal 10-60-730 Patch Repair 10-60-725 Wapiti Drive Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 3734 LF/8919 SY Drainage Improements: Phase I - Mid-Wolverine - Mink (conc pan) 32-48-815 Phase II - Upper Wapiti - 350 S of Ferrett; 2 Diversion Structures 32-48-815 $50,000 Wapiti Swale; $30,000 Flow control structures Phase III - Wapiti Ln to Fox Run access (conc catch curb) 32-48-815 Completes Ptarmigan Drainage phases $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Wapiti LaneWapiti Lane Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY 2011 funds in 2012 Wapiti Lane Slurry Seal 10-60-730 494 LF/1383 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Wolverine LaneWolverine Lane Overlay 10-60-730 Chip Seal 10-60-730 $2.61/SY 2011 funds in 2012 Wolverine Lane Slurry Seal 10-60-730 379 LF/ 1413 SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $ 206 $ 209 $ 211 $ 214 $ - $ - $ - Subtotal Fraser/WP TrailFraser/WP Trail Overlay 10-60-730 Chip Seal 10-60-730 Fraser/WP Trail Slurry Seal 10-60-730 9382 LF/10,178 SY Seal Coat $ 18,000 10-60-725 $1.75/SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $1.00/LF $ 206 $ 18,209 $ 211 $ 214 $ - $ - $ - Subtotal 8 Streets CIP 2014 2015 2016 2017 2018 2019 2020 Project Description TOF LineComments OVR TrailOVR Trail Overlay 10-60-730 Chip Seal 10-60-730 OVR Trail Slurry Seal 10-60-730 2000 LF/1724 SY Seal Coat $ 3,200 10-60-725 $1.75/SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $1.00/LF $ 206 $ 3,409 $ 211 $ 214 $ - $ - $ - Subtotal Rendezvous Road TrailRendezvous Road Trail Overlay 10-60-730 Chip Seal 10-60-730 Rendezvous Road Trail Slurry Seal 10-60-730 765 LF/920 SY Seal Coat $ 1,700 10-60-725 $1.75/SY Patch Repair 10-60-725 Crack Sealing $ 206 $ 209 $ 211 $ 214 10-60-725 $1.00/LF Subtotal $ 206 $ 1,909 $ 211 $ 214 $ - $ - $ - Project Totals TOF AccountComments Capital Projects (Capital Assets Fund) 32-48-815$ -$ -$ -$ -$ -$ -$ - Subtotal Budget Street Improvements 10-60-725$ 92,330$ 572,395$ 111,605$ 111,770$ 100,000$ 75,000$ 75,000 drain pan, curbing, valley pans, potholes, etc. Summary Capital Projects 10-60-730$ 362,000$ 357,300$ 400,000$ 282,000$ -$ -$ - Capital Purchases 10-60-740 Capital Asset Fund Totals$ 454,330 $ 929,695$ 511,605$ 393,770$ 100,000$ 75,000$ 75,000 add line item for FVI-GP Settlement Last Updated: October 15, 2014 $ 454,330$ 929,695$ 511,605$ 393,770$ 100,000$ 75,000$ 75,000 9 Water CIP 2014201520162017201820192020Contractor/ SupplierComments Project Description TOF Line Yellow Zone Pump Station $ 25,000 Treatment Facility Expansion prelim. Eng/Design50-40-330 $ 510 Clean/Inspt every 5-yrs; 9/2014 contract Inspect & Clean Clearwell / Inspect50-40-460 50-40-460 $ 6,000 $ 7,000 Replacement Turbine Motor 50-40-465 50-40-465 $ 30,000 Upgrades: PLC & Touchscreen SCADA - see BHE SCADA master plan50-40-510 Yellow Zone Pump Station (WTP) $ 5,000 $ 6,000 Building Maintenance 50-40-680 50-40-730 Stationary Power Generator complete Emergency Preparedness: Backup Generator50-40-730 $ 1,500,000 based on GWUDI results Package Plant Expansion50-40-730 $ 510 $ 36,000 $ 1,530,000 $ - $ - $ 6,000 $ 7,000 Subtotal Green Zone Booster Station Green Zone Booster StationTOF LineContractor/Supplier 50-40-330 50-40-460 50-40-460 $ 5,000 $ 3,500 $ 4,000 Replacement Turbine Pump/Motor50-40-465 50-40-465 Green Zone Booster Station $ 30,000 Upgrades: PLC & Touchscreen SCADA - see BHE SCADA master plan50-40-510 $ 2,500 $ 2,500 Building Maintenance 50-40-680 50-40-730 $ 2,000 Genset Fence enclosure50-40-730 $ 4,500 $ 5,000 $ 30,000 $ 3,500 $ - $ 2,500 $ 4,000 Subtotal Red Zone Pump Station Red Zone Pump StationTOF LineContractor/Supplier 50-40-330 50-40-460 50-40-460 $ 1,500 $ 1,700 Replacement Pressure pump/motor50-40-465 $ 8,000 $ 9,000 Pressure Tank Bladder replacement (x2)50-40-465 $ 30,000 Upgrades: PLC & Touchscreen SCADA - see BHE SCADA master plan50-40-510 Red Zone Pump Station $ 1,500 stain exterior Building Maintenance 50-40-680 50-40-730 50-40-730 $ 8,000 $ - $ 31,500 $ 1,500 $ - $ 1,700 $ 9,000 Subtotal Yellow Zone Tank Yellow Zone TankTOF LineContractor/Supplier 50-40-330 50-40-460 $ 700 Clean every 10 yrs - Inspect every 5th year Inspect & Clean Tank50-40-460Inland Potable Services 50-40-465 50-40-465 Yellow Zone Tank $ 18,000 Upgrades- Remote Radio replacement SCADA50-40-510 50-40-730 50-40-730 $ 700 $ - $ 18,000 $ - $ - $ - $ - Subtotal Green Zone Tank Green Zone TankTOF LineContractor/Supplier 50-40-330 50-40-460 $ 1,000 Clean/Inspt every 5-yrs; 9/2014 contract Inspect & Clean Tank50-40-460 50-40-465 50-40-465 Green Zone Tank PLC & Touchscreen SCADA- see DHE SCADA master plan (w/RZPS amount)50-40-510 Install 24" knee wall @ 2 ea. access hatches50-40-730 Maryvale 50-40-730 System $ 1,000 $ - $ - $ - $ - $ - $ - Subtotal Well No. 1 Well No. 1TOF LineContractor/Supplier 50-40-330 $ 6,500 Hydro Resources Well Maintenance: Video/Cleaning50-40-460 7,000 $ 5,500 R&R downhole ck valve: 6-2013 Pump / Motor replacement50-40-460 50-40-465 50-40-465 Well No. 1 (S of WTP w/#4) $ 1,600 Upgrades / replcmt batteries SCADA / PV units50-40-510 50-40-730 50-40-730 $ - $ 12,000 $ 1,600 $ - $ - $ 7,000 $ - Subtotal Maryvale System Water CIP 2014201520162017201820192020Contractor/ SupplierComments Project Description TOF Line Well No. 4 Well No. 4TOF LineContractor/Supplier 50-40-330 $ 6,500 $ 7,000 Hydro Resources Well Maintenance: Video/Cleaning50-40-460 $ 5,500 $ 5,600 R&R downhole ck valve: 6-2013 Pump / Motor replacement50-40-460 50-40-465 50-40-465 Well No. 4 (S of WTP w/#1) $ 1,600 Upgrades / replcmt batteries SCADA / PV units50-40-510 50-40-730 50-40-730 $ - $ 1,600 $ 12,000 $ - $ 5,600 $ 7,000 $ - Subtotal Well No. 5 Well No. 5TOF LineContractor/Supplier 50-40-330 $ 6,700 $ 6,900 Hydro Resources replaced pump & motor: 8-2012 Well Maintenance: Video/Cleaning50-40-460 $ 5,500 Pump / motor replacement50-40-460 50-40-465 50-40-465 Well No. 5 (Sales Office) $ 1,600 Upgrades / replcmt batteries SCADA / PV units50-40-510 50-40-730 50-40-730 $ - $ 6,700 $ 1,600 $ 5,500 $ - $ - $ 6,900 Subtotal Well No. 7 Well No. 7TOF LineContractor/Supplier 50-40-330 $ 6,700 $ 6,900 Hydro Resources Well Maintenance: Video/Cleaning50-40-460 $ 6,500 $ 5,700 Pump / motor replacement50-40-460 50-40-465 50-40-465 Well No. 7 (Trail) Upgrades SCADA50-40-510 50-40-730 50-40-730 $ - $ - $ - $ 13,200 $ - $ 5,700 $ 6,900 Subtotal Distribution Lines & Hydrants Distribution Lines & HydrantsTOF LineContractor/Supplier 50-40-330 50-40-460 50-40-460 $ 3,000 $ 10,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 3,000 Fire Hydrant/Repairs50-40-465contractor $3,000 ea $ 8,500 $ 4,500 $ 4,500 $ 3,000 $ 3,000 $ 3,000 Valve Box cleaning/Repairs50-40-465contractor vac trailer rental Distribution Lines & Hydrants $ 6,000 $ 5,000 $ 2,500 PRV/Well Vault repairs50-40-730 50-40-730 $ 3,000 $ 24,500 $ 12,500 $ 10,000 $ 6,000 $ 6,000 $ 6,000 Subtotal TOF Line Emergency Preparedness 10-60-740 Engineering Support 50-40-330$ - $ 25,000 $ - $ - $ - $ - $ - Production System R & M 50-40-460$ 2,210 $ 18,700 $ 12,000 $ 18,700 $ 5,600 $ 19,700 $ 13,800 Distribution System R & M 50-40-465$ 11,000 $ 29,500 $ 9,000 $ 11,000 $ 6,000 $ 7,700 $ 26,000 Maryvale HMI master computer / Panelviews / PLC's 50% BZ-TH; '14 computer; '16 Panelviews; '19 PLCs SCADA System Upgrades 50-40-510$ - $ 1,600 $ 111,200 $ - $ - $ - $ - System Building Maintenance 50-40-680$ 2,500 $ 5,000 $ - $ 1,500 $ - $ 8,500 $ - Totals Capital Projects 50-40-730$ 2,000 $ 6,000 $ 1,505,000 $ 2,500 $ - $ - $ - Emerg. Preparedness 50-40-730$ - $ - $ - $ - $ - $ - $ - 50-40-730$ - $ - $ - $ - $ - $ - $ - Subtotal $ 17,710 $ 85,800 $ 1,637,200 $ 33,700 $ 11,600 $ 35,900 $ 39,800 Blue Zone Pump StationBlue Zone Pump Station TOF LineContractor/Supplier Maryvale GWUDI determination Treatment Facility Expansion prelim. Eng/Design50-40-330$ 25,000 System Clean/Inspt every 5-yrs; 9/2014 contract Inspect & Clean Clearwell50-40-460$ 510 $ 880 50-40-460 50-40-465 50-40-465 PLC & Touchscreen rplcmnt HMI Master Computer/Panelviews/PLCs- BHE master plan50-40-510$ 18,000 $ 30,000 Blue Zone Pump Station Building Maintenance 50-40-670$ 1,000 $ 1,000 $ 1,000 complete Emergency Preparedness: Back-up Generator 50-40-730 based on GWUDI results Package Plant Expansion50-40-730$ 1,500,000 Subtotal $ 18,510 $ 56,000 $ 1,500,880 $ 1,000 $ - $ 1,000 $ - Fraser System Water CIP 2014201520162017201820192020Contractor/ SupplierComments Project Description TOF Line Blue Zone TankBlue Zone Tank Contractor/Supplier 50-40-330 Clean/Inspt every 5-yrs; 9/2014 contract Inspect & Clean Tank50-40-460$ 2,000 50-40-460 24 inch knee-wall for safety/security- complete 50-40-465contractor 50-40-465 SCADA - see BHE SCADA master planPLC & Touchscreen 50-40-510$ 12,000 Blue Zone Tank Building Maintenance 50-40-670$ 250 $ 250 $ 250 Install Security Access Hatchcomplete 50-40-730 50-40-730 Subtotal $ 2,000 $ 12,250 $ - $ 250 $ - $ 250 $ - Well No. 1 Well No. 1TOF LineContractor/Supplier 50-40-330 Well Maintenance 50-40-460 Motor replaced 6/2010 50-40-460$ 10,000 Hydro Resources Replace down piping, ck valve & pump/motor 50-40-465 50-40-465 Well No. 1 Building Maintenance 50-40-670$ 500 $ 500 $ 500 50-40-730 50-40-730 Subtotal $ - $ 500 $ - $ 10,500 $ - $ 500 $ - Well No. 2 Well No. 2TOF LineContractor/Supplier 50-40-330 study/repair pumping issues 50-40-460$ 6,000 Well Maintenance 50-40-460 50-40-465 50-40-465 MTS Pigtail 50-40-510$ 2,000 PTTP Emerg. Preparedness Well No. 2 Building Maintenance 50-40-670$ 500 $ 500 $ 500 50-40-730 50-40-730 Subtotal $ - $ 2,500 $ - $ 500 $ - $ 500 $ 6,000 Well No. 3(a)Well No. 3a TOF LineContractor/Supplier 50-40-330 Well Maintenance50-40-460 Replace down piping, ck valve & pump/motor50-40-460 50-40-465 50-40-465 Well No. 3(a) 50-40-730$ 500 CIPP sewerline? Request variance from SEO? Sewer line encasement????50-40-730 Subtotal $ - $ - $ - $ - $ - $ 500 $ - Well No. 3(b)Well No. 3b TOF LineContractor/Supplier 50-40-330 New pump and motor installed, cleaned and video logged: Well MaintenanceJuly 2008 50-40-460$ 8,500 Replace down piping, ck valve & pump/motor50-40-460 50-40-465 50-40-465 Fraser Well No. 3(b) Building Maintenance 50-40-670$ 500 $ 500 System 50-40-730 Maryvale 50-40-730 System Subtotal $ 500 $ 8,500 $ - $ - $ - $ 500 $ - Well No. 4 (Monitoring Well)Well No. 4 TOF LineContractor/Supplier 50-40-330 Well Maintenance 50-40-460$ 500 $ 500 50-40-460 50-40-465 Well No. 4 50-40-465 (Monitoring Well) 50-40-730 50-40-730 Subtotal $ - $ 500 $ - $ - $ - $ - $ 500 Fraser System Water CIP 2014201520162017201820192020Contractor/ SupplierComments Project Description TOF Line Well No. 5Well No. 5 (replacement) TOF LineContractor/Supplier 50-40-330 Well Maintenance 50-40-460$ 5,000 $ 5,000 Replace down piping, ck valve & pump/motor50-40-460 50-40-465 50-40-465 MTS Pigtail 50-40-510 2,000PTTP Emerg. Preparedness Well No. 5 Building Maintenance 50-40-670$ 500 $ 500 $ 500 50-40-730 50-40-730 Subtotal $ 5,000 $ 2,500 $ - $ 500 $ - $ 5,500 $ - Well No. 7Well No. 7 TOF LineContractor/Supplier New motor - June 2010 50-40-330 Well MaintenanceNew motor - June 2010 50-40-460$ 5,000 $ 5,000 AmWest 50-40-460Browns-Hill Replace down piping, ck valve & pump/motor 50-40-465 50-40-465 MTS Pigtail 50-40-510$ 2,000 PTTP Emerg. Preparedness Well No. 7 Building Maintenance 50-40-670$ 500 $ 500 $ 500 50-40-730 Install RTU - Failed Comm cable from well's 7-8-9 50-40-730 Telemetry Upgrades: Completes SCADA Remote Subtotal $ - $ 7,500 $ - $ 500 $ - $ 500 $ 5,000 Well No. 8Well No. 8 TOF LineContractor/Supplier 50-40-330 Well Maintenance Hydro Resources Acid cleaning 50-40-460 Replace down piping, ck valve & pump/motor 50-40-460 50-40-465 50-40-465 MTS Pigtail 50-40-510$ 2,000 PTTP Emerg. Preparedness Well No. 8 Building Maintenance 50-40-670$ 500 $ 500 $ 500 $ 500 50-40-730 Well Equipping - SCADA / piping / meter /pitless Re-equip meter house & well w/ pump, SCADA, pitless & upgradeTOF-BH/Hydro Resmetering appurtences 50-40-730$ 5,000 $ 45,000 MTS Pigtail 50-40-730 Subtotal $ 5,500 $ 47,500 $ - $ 500 $ - $ 500 $ - Well No. 9Well No. 9 TOF LineContractor/Supplier 50-40-330 Well Maintenance Hydro Resources acid clean & sand pump 50-40-460$ 6,500 $ 9,000 Replace down piping, ck valve & pump/motor 50-40-460$ 5,500 50-40-465 50-40-465 Well No. 9 Building Maintenance 50-40-670$ 500 $ 500 $ 500 50-40-730 50-40-730 Subtotal $ - $ 12,500 $ - $ 500 $ - $ 500 $ 9,000 TOF Line Engineering Support 50-40-330$ - $ 25,000 $ - $ - $ - $ - $ - Well Maintenance 50-40-460$ 5,000 $ 20,500 $ - $ - $ - $ 5,000 $ 20,500 System Production R & M 50-40-460$ 2,510 $ 5,500 $ 880 $ 10,000 $ - $ - $ - Fraser 50-40-465$ - $ - $ - $ - $ - $ - $ - System 50% split YZ; '14 computer; '16 Panelviews; '19 PLCs SCADA & System Upgrades 50-40-510$ 18,000 $ 50,000 $ - $ - $ - $ - $ - Totals Maryvale Building Maintenance 50-40-670$ 1,000 $ 4,250 $ - $ 4,250 $ - $ 4,750 $ - System Capital Projects 50-40-730$ 5,000 $ 45,000 $ 1,500,000 $ - $ - $ 500 $ - Subtotal $ 31,510 $ 150,250 $ 1,500,880 $ 14,250 $ - $ 10,250 $ 20,500 Water CIP 2014201520162017201820192020Contractor/ SupplierComments Project Description TOF Line Distribution Lines & HydrantsDistribution Lines & Hydrants TOF LineContractor/Supplier 50-40-330 50-40-460 Leak Detection Survey - FR system: E-O-YFull system survey 2012; begin EOY survey in 2014 50-40-465$ 2,700 $ 2,900 $ 3,100 $ 3,300 Utiltiy Tech Services Leak Detection Survey - MV system: E-O-YFull system survey 2012; begin EOY survey in 2015 50-40-465$ 2,800 $ 3,000 $ 3,200 Utiltiy Tech Services 50-40-730 50-40-730 Raw Water Line Rehab. - Well 3(b) to Well 1800 LF @$82 per LF - C900 50-40-730$ 85,000 Bid Raw Transmission Line: Well 7 to Well 5 RWL tie-in 400 LF@$82/LF C900 + $25K river crossing = $57,800 50-40-730$ 100,000 Bid point Main line enlargement- Byers Ave. west to Norgren 50-40-730$ 325,000 Relocate main into ROW- Norgren Ave.Jointly w/below 50-40-730$ 350,000 Distribution Lines & Hydrants Relocate main into ROW- Carriage Ave.Jointly w/above 50-40-730$ 425,000 Relocate mains into ROW- Quail Dr./Wapiti Dr. 50-40-730$ 500,000 Replacement: loop between Eisen/US40/Fraser Ave. 50-40-730$ 100,000 Upgrade Transite line - (4,000 LF) (Drill well(s)) small Line Replacement - BPR Transitesystem? Emergency repair 6/8/12- $4,000; Emerg repairs; 50-40-730$ 10,000 $ 10,000 $ 375,000 280'@$85/ft plus pan & asphalt repairs (completed as Transmission line; Well No.2 - BZ WTP emergency repair 7/2010) 50-40-730 REPAIRS - leaks (SLs, FHs, shut-offs, vaults, etc)3 @ $3,333 annually 50-40-730$ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 Subtotal $ 22,700 $ 22,800 $ 797,900 $ 463,000 $ 438,100 $ 513,200 $ 113,300 St. Louis Surface DiversionSt. Louis Surface Treatment TOF LineContractor/Supplier PER - Surface Treatment Plan Improvements design Engineering - Civil50-40-330$ 20,000 $ 10,000 $ 10,000 $ 10,000 Infrastructure Improvementsbasin/headgates/access: 50-40-715$ 30,000 St. Louis Creek Surface Treatment 50-40-715 Subtotal $ 20,000 $ 40,000 $ 10,000 $ 10,000 $ - $ - $ - Forest MeadowsForest Meadows (Augmentation) TOF LineContractor/Supplier Engineering Support - waterDesign alignment of new feeder ditch ECD#2 50-40-715$ 75,000 $ 24,000 50-40-730 Headgate/Flume Elk Creek Ditch No. 2 50-40-730$ 30,000 Subtotal $ 75,000 $ 54,000 $ - $ - $ - $ - $ - Forest MeadowsForest Meadows (Augmentation) TOF LineContractor/Supplier Engineering Support - water 50-40-715$ 100,000 $ 50,000 50-40-730 Forest Meadows 50-40-730 Subtotal $ 100,000 $ 50,000 $ - $ - $ - $ - $ - Mary's PondMary's Pond TOF LineContractor/Supplier Engineering - Civil50-40-330$ 3,000 Infrastructure Improvements 50-40-715 Mary's Pond Headgate & Diversion Structure 50-40-715 Subtotal $ - $ 3,000 $ - $ - $ - $ - $ - Engineering and Legal-Non Capital Engineering and Legal-Non CapitalTOF LineContractor/Supplier Engineering - Water Rate Study 50-40-370BC Engineering - Interconnect facilities between systems Emergency Water Supply Interconnect 50-40-330BC Interconnect Capital Costs Reimbursement50-40-730 CIP/DWRF/Well 3a & 8 Encasement?/Well 4 redrill- Engineering - Waterlocate/SWPP Grant $5,000 matching CIP Engineering Support 50-40-330BC 2012-13 Master Plan/Water Model Updates/BPR Access Water Fund Water Master Plan - Update/Water Model Updatesroad maint ($10,000) General Engineering 50-40-715$ 5,000 $ 5,000 $ 5,000 BC General 50-40-310H&H Legal Diligence and water rights 50-40-715$ 30,000 $ 50,000 BC 50-40-730 Genset Annual PM Contract - 7 gensets & Tx switches (in 2013)annual PM's 2x/yr- 7 units System R & M - Prod 50-40-460$ 3,450 $ 3,500 $ 3,550 $ 3,600 $ 3,650 $ 3,700 $ 3,750 RMPG Maryvale System R & M - Dist 50-40-465 System Subtotal $ 33,450 $ 58,500 $ 3,550 $ 8,600 $ 3,650 $ 8,700 $ 3,750 Comments Project TotalsTOF Account2015 Budgeted Capital Purchases (General Fund)Subtotal 10-60-740$0 Legal Legal 50-40-310$ - $ - $ - $ - $ - $ - $ - Engineering Engineering 50-40-330$ 20,000 $ 60,000 $ 10,000 $ 10,000 $ - $ - $ - Other Professional Other Professional 50-40-370$ - $ - $ - $ - $ - $ - $ - Budget System Maint Prod System R & M - Prod 50-40-460$ 13,170 $ 48,200 $ 16,430 $ 32,300 $ 9,250 $ 28,400 $ 38,050 Summary System Maint Dist System R & M - Dist 50-40-465$ 13,700 $ 32,300 $ 11,900 $ 14,000 $ 9,100 $ 10,900 $ 29,300 Equipment Purchase & Repair Equip. Purchase & Repair SCADA - see BHE SCADA master plan50-40-510$ 18,000 $ 51,600 $ 111,200 $ - $ - $ - $ - Property Mgmt - Fraser Treatment Plant Property Mgmt - Fraser WTP 50-40-670$ 1,000 $ 4,250 $ - $ 4,250 $ - $ 4,750 $ - Property Mgmt - Maryvale Treatment Plant Property Mgmt - MV WTP 50-40-680$ 2,500 $ 5,000 $ - $ 1,500 $ - $ 8,500 $ - Rights & Development Rights & DevelopmentAug pond const 50-40-715$ 205,000 $ 159,000 $ - $ 5,000 $ - $ 5,000 $ - Capital Improvements ProjectsCapital Improvements Projects 50-40-730$ 27,000 $ 101,000 $ 3,800,000 $ 462,500 $ 435,000 $ 510,500 $ 110,000 Water Fund Totals$ 300,370 $ 461,350 $ 3,949,530 $ 529,550 $ 453,350 $ 568,050 $ 177,350 $0 add line item for St. Louis Creek bank stabilization (Lipscomb property) $20,000 Last Updated: October 15, 2014 $ 300,370 $ 461,350 $ 3,949,530 $ 529,550 $ 453,350 $ 568,050 $ 177,350 TREATMENT 2014 PLANT Actual Actual Year-end 20122013Budget 2014Estimates2015201620172018201920202021Contractor/ SupplierComments Project CRRS/CIP Description JFF Line Pretreatment Pretreatment HVAC System47-60-730 $ 10,000 $ 10,000 Hibbon Blowers47-60-730$ 48,000 Grit Equipment47-60-730 $ 25,000 Grit Pump47-60-730 $ 16,000 Bar Screen 47-60-730 $ 70,000 $ 128,000 Pretreatment Pave Loading Area47-60-730 $ 22,000 Sampler47-60-730 $ 3,000 Install Floor Drains47-60-730 $ 5,000 $ 5,000 Engineering47-30-370 Subtotal $ - $ - $ 37,000 $ 15,000 $ 70,000 $ 28,000 $ - $ - $ 16,000 $ - $ 176,000 Secondary TreatmentJFF LineContractor/SupplierSecondary Treatment HVAC System47-60-730 $ 5,000 Sludge Zone Mixers47-60-730 $ 20,000 Recycle Pumps47-60-730 $ 5,000 RAS & Scum Pumps47-60-730 $ 20,000 WAS Pumps47-60-730 $ 7,000 Clarflocculator47-60-730 $ 250,000 Floating Covers47-60-730 $ 35,000 $ 35,000 $ 75,000 Spencer Blowers47-60-730 $ 250,000 DO Sensors for A-Basin47-60-730 $ 10,777 $ 15,000 PH/ORP Sensors for A-Basin47-60-730 $ 7,906 $ 20,000 Secondary Treatment VFDs for Mixed Liquor Recycle Pumps47-60-730 $ 15,000 $ 15,000 Mixers for Sludge Re-Aeration Zone47-60-730 $ 25,000 $ 25,000 SBR/Aeration Basin: 47-65-730 $ 7,453 $ 39,583 $ 120,000 $ 120,000 $ 146,000 $ 103,000 $ 110,000 decant structure Mixers & Aerators 47-65-730 Clarifier47-65-730 $ 250,000 Air Piping47-65-730 Engineering47-65-370 Valves & Control Boxes for A-Basin47-60-730 Engineering47-60-370 Subtotal $ 18,230 $ 47,489 $ 195,000 $ 25,000 $ 212,000 $ 151,000 $ 108,000 $ 205,000 $ 20,000 $ - $ 750,000 Solids (Sludge) Solids (Sludge)JFF LineContractor/Supplier HVAC System47-60-730 $ 5,000 Hibbon Blowers47-60-730 $ 30,000 Submerged Turbine 47-60-730 Centrifuge47-60-730 $ 10,000 Grinder Pumps47-60-730 $ 10,000 $ 20,000 Polymer System47-60-730 $ 25,000 Solids (Sludge) Mixer - Impellors 47-60-730 Air Flow Meters for Digesters47-60-730 Liquid Flow Meters for Waste Pumps47-60-730 VFDs for Digester Mixers47-60-730 $ 20,000 Replace Floor in Truckload Out47-60-730 $ 75,000 Engineering47-60-370 Subtotal $ - $ - $ 10,000 $ - $ 25,000 $ 30,000 $ 75,000 $ - $ - $ - $ 55,000 Disinfection DisinfectionJFF LineContractor/Supplier HVAC System47-60-730 $ 1,000 $ 1,000 Air Compressor47-60-730 $ 5,000 Disinfection Sampler47-60-730 $ 3,000 Subtotal $ - $ - $ 1,000 $ 1,000 $ - $ 5,000 $ 3,000 $ - $ - $ - $ - Site ImprovementsJFF LineContractor/SupplierSite Improvements Landscaping 47-60-730 $ 10,000 Irrigation47-60-730 $ 15,000 Paving47-60-730 $ 25,000 Site Improvements Engineering47-65-370 Tie in all Electric Power to one Meter47-65-730 Subtotal $ - $ - $ - $ - $ 35,000 $ - $ - $ - $ - $ - $ 15,000 SCADA & Motor Control Center (MCC)JFF LineContractor/SupplierSCADA & Motor Control Center (MCC) Remote Meter Reader for Trunk Lines47-65-730 $ 10,000 SCADA Update & Replacement47-65-730 $ 14,000 $ 14,000 $ 15,000 $ 14,000 SCADA & Motor Control Center (MCC) Subtotal $ - $ - $ 14,000 $ 14,000 $ 25,000 $ - $ 14,000 $ - $ - $ - $ - Water SystemJFF LineContractor/SupplierWater System Piping for Effluent47-60-730 Water System Subtotal $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - EquipmentJFF LineContractor/SupplierEquipment Air Compressor for Shop/Garage Work47-69-740 Dump Truck/Solids Handling47-69-740 Loader47-69-740 $ 150,000 $ 150,000 Equipment Off- Road Fork Lift47-69-740 Vehicles47-69-740 Miscellaneous47-69-740 $ 5,565 2013 snow plow (pickup attachment) Subtotal $ 5,565 $ - $ 150,000 $ 150,000 $ - $ - $ - $ - $ - $ - $ - TREATMENT 2014 PLANT Actual Actual Year-end 20122013Budget 2014Estimates2015201620172018201920202021Contractor/ SupplierComments Project CRRS/CIP Description JFF Line Building MaintenanceJFF LineContractor/SupplierBuilding Maintenance Roof47-60-730 $ 192,000 Paint Exterior47-60-730 $ 200,000 Building Maintenance Exterior Concrete47-60-730 $ 125,000 $ 125,000 Subtotal $ - $ - $ 125,000 $ 125,000 $ - $ - $ - $ - $ - $ - $ 392,000 PermitJFF LineContractor/SupplierNutrient Removal Studies47-60-370 $ 60,000 $ 10,000 Testing47-60-370 $ 25,000 Permit Professional Services47-60-370 Subtotal $ - $ - $ - $ 60,000 $ 35,000 $ - $ - $ - $ - $ - $ - Nutrient RemovalJFF LineContractor/SupplierNutrient Removal 47-65-730 $ 5,400,000 @ $2 per gallon - @$0.75 per gallon+$2,030,000 Dry Feeder Building47-65-730 $ 15,608 $ 172,949 Nutrient Removal Engineering47-65-730 Subtotal $ 15,608 $ 172,949 $ - $ - $ - $ - $ 5,400,000 $ - $ - $ - $ - JFOC Account Project Totals2012 BudgetedComments Eng, Legal & Other Prof Srvcs47-60-370$ - $ - $ - $ 60,000 $ 35,000 $ - $ - $ - $ - $ - $ - Capital Reserve Projects47-60-730$ 10,777 $ 7,906 $ 248,000 $ 166,000 $ 222,000 $ 68,000 $ 83,000 $ 95,000 $ 36,000 $ - $ 1,138,000 $173,500 Eng, Legal & Other Prof Srvcs47-65-370$ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Budget Capital Improvement Projects47-65-730$ 23,061 $ 212,532 $ 134,000 $ 14,000 $ 145,000 $ 146,000 $ 117,000 $ 110,000 $ - $ - $ 250,000 $ - Summary Capital Purchases47-69-740$ 5,565 $ - $ 150,000 $ 150,000 $ - $ - $ - $ - $ - $ - $ - $20,000 Treatment Plant (JFF) Fund Totals$ 39,403 $ 220,438 $ 532,000 $ 390,000 $ 402,000 $ 214,000 $ 200,000 $ 205,000 $ 36,000 $ - $ 1,388,000 $ 193,500 Last Updated:October 15, 2014 $ 39,403 $ 220,438 $ 532,000 $ 390,000 $ 402,000 $ 214,000 $ 5,600,000 $ 205,000 $ 36,000 $ - $ 1,388,000 $ - 12/2010 Capital Replacement Reserve Balance$ 2,279,225 Total Annual Expenditures$ 39,403$ 220,438$ 532,000$ 390,000$ 402,000$ 214,000$ 5,600,000$ 205,000$ 36,000$ - $ 1,388,000 Cumulative Expenditure Total$ 90,291$ 310,729$ 842,729$ 700,729$ 1,244,729$ 1,458,729$ 7,058,729$ 7,263,729$ 7,299,729$ 7,299,729$ 8,687,729 Contributions Interest$ 25,343$ 16,096$ 15,000$ 15,000$ 15,000$ 17,000$ 20,000$ 22,000$ 24,000$ 25,000$ 25,000 Net Cash Flow$ 2,598,184$ 2,393,842$ 1,876,842$ 2,018,842$ 1,631,842$ 1,434,842$ (4,145,158) $ (4,328,158) $ (4,340,158) $ (4,315,158) $ (5,678,158) Below $1.5 threshold$ -$ -$ -$ -$ -$ (65,158)$ (5,645,158) $ (5,828,158) $ (5,840,158) $ (5,815,158) $ (7,178,158) 2017 Revenue Shortfall$ (5,645,158) Shortfall w/o Nutrient Removal$ (245,158) 2012201320142015201620172018201920202021 with Nutrient Removal$ 2,598,184$ 2,393,842$ 2,018,842$ 1,631,842$ 1,434,842$ (4,145,158)$ (4,328,158) $ (4,340,158) $ (4,315,158) $ (5,678,158) Net Cash Flow$ 2,598,184$ 2,393,842$ 2,018,842$ 1,631,842$ 1,434,842$ 1,254,842$ 1,071,842$ 1,059,842$ 1,084,842$ (278,158) Capital Replacement Reserve (CRR) & Capital Projects $5,000,000 $4,000,000 $3,000,000 $1.5million $2,000,000 Reserve Threshold $1,000,000 $- Net Cash Flow $(1,000,000) with $(2,000,000) Nutrient Removal $(3,000,000) $(4,000,000) $(5,000,000) Mon, Sep 29, 2014 10594094 Acct: 1095750 Phone: (970)726-5491 E -Mail: SSTONE@TOWN.FRASE Client: Caller: Catherine E. Trotter -Receipt Ad Ticket #5 Name: TOWN OF FRASER Address: PO BOX 370 153 Fraser Avenue City: FRASER State: CO Zip: 80442 Ad Name: 10594094A Original Id: 0 Editions: 8MPT/ Class: 0990 Start: 10/02/14 Stop: 10/02/14 Color: Issue 1 Copyline: mpt Vacation Easement agreernt Rep: Pam Schultz NOTICE OF PUBLIC HEARING FRASER, COLORADO Lines: 24 NOTICE IS HEREBY GIVEN that a public hearing will be held by the Bcxird of Trustees of the Town of Depth: 2.01 Fraser, at a regular meeting scheduled for Columns: 1 Wednesday, October 15,2014 ai 7:00 pm., in the Town Board Roomer of the Fraser Town Hall, locat- Discount: 0.00 ed at 153 Fraser Avenue, Fraser, Colorado, to consider a petition for the vacation of an Easement Commission: 0.00 Agreement recorded at Reception No, 2009002987 and an Easement Deed (Water Utilities) recorded Net: 0.00 at Reception No. 2009006045. The easements are 0.00 located in the Town of Fraser, County of Grand, Tax: State of C(Aoradc), Tow 11.06 EasGmonts legally described at Reception No. 2009002887 and 2009006045. Payment 0.00 Proposed plans for the subject pr(,")perty are on file with the Town Planning Department. Published Ire the Middle Park Times on October 2, 2014. (10594094) Ad shown is not actual print size September 18, 2014 Grand County Board of County Commissioners Board of County Commissioners P.O. Box 264/ 308 Byers Avenue Hot Sulphur Springs, CO 80451 SUBJECT: TRANSPORTATION PLANNING AND IMPLEMENTATION Dear Commissioners: I am writing on behalf of the Town of Fraser to confirm our support (as evidenced by a unanimous vote of the Town Board of Trustees) of the recommendation by the Transportation Task Force that Grand County establish and fund a position dedicated to transportation planning and implementation. Transportation is matter of great importance throughout Grand County and merits additional investment. The Town of Fraser is further committed to participate and support these efforts. It is our understanding that the goals for this position are as follows: 1. Improve transportation alternatives through Grand County along the county's major roadways - US 40, US 34 and US 9. Begin by working with a consultant to quantify needs and assess community tolerance for local funding options. 2. Inventory existing transportation resources, including and beyond those available through Winter Park Resort. Identify how these resources can be coordinated to provide more complete public transportation access to county services, amenities and businesses, including implementing software for coordination and marketing system to potential users. 3. Identify key stakeholders and possibilities for developing rail service between Denver and Grand County, building on the ski train concept to service all parts of Grand County. Forum attendees noted that the lower need for trains to transport coal may provide opportunities for other uses of the rail line from Denver and through Grand County. 4. Identify ways to improve access to Grand County by building on current airport resources. 5. Identify funding sources, partnerships and mechanisms to leverage local funding as many other Colorado communities have successfully done to support their public transportation systems. We appreciate your support in addressing transportation deficiencies that affect our communities and look4enNardto continued collaboration. Sincerely, Jeffrey L. Durbin Town Manager Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com