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TBP 2014-11-19
Town Board Briefing November 19, 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:OOpm and 7:OOpm for a Law Enforcement Overview. Chief Trainor will provide an overview of how the department is structured and how things operate. This presentation was also recently provided to the Winter Park Town Council. Previously, we had discussed bringing this to a January or February meeting, but we have an open workshop so are bringing it early. As I noted during the last meeting, the Wastewater Treatment Plant Superintendent will not be attending the meeting so we have placed Resolution 2014-11-02 on the consent agenda. If you have any questions, or believe it beneficial to have him attend to discuss the proposal, please let me know at your earliest convenience. Depending on what kind of public attendance we have at the meeting, and what topics they are interested in, the Board may want to consider changing the agenda order in consideration of people's valuable time. Please note, that a revised 2015 Preliminary Budget is included in this packet. It has been revised to better reflect current year end estimates, and our understanding of Board direction to date. The Water and Wastewater Funds have also been revised to reflect rate recommendations from the Water and Wastewater Committee. Additional briefings and materials related to the other agenda items are included in the packet. As always, feel free to contact me if you have any questions or need any additional information. Jeff Durbin PO Box 370.1 Fraser, CO 80442 oFfice 970 726 5491 Iaix 970..7'26 5518 FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, October 15, 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, 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; Police Chief Trainor Others: See attached list Workshop: Presentation of proposed 2015 budget Mayor Smith called the meeting to order at 6:30 p.m. 2. Regular Meeting: Roll Call 3. Approval of Agenda: Trustee Mather moved, and Trustee Waldow seconded the motion to approve the Agenda. Motion carried: 6-0. 4. 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) for a retail marijuana licensing request and to include TM Durbin, TA McGowan, TC Berger, and TP Trotter. Trustee Naill moved, and Trustee Miller seconded the motion to enter executive session. Motion carried: 6-0. Enter: 6:32 p.m. Exit: 7:00 p.m. Trustee Miller moved, and Trustee Taylor seconded the motion to exit executive session. Motion carried: 6-0. At 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 Page 2 of 5 Rod McGowan, Town Attorney 5. Consent Agenda: a) Minutes — October 1, 2014 b) Minutes — September 17, 2014 Trustee Naill moved, and Trustee Waldow seconded the motion to approve the consent agenda. Motion carried: 6-0. 6. Open Forum: 7. Updates: a) Grand County Commissioners — James Newberry briefed the Board on current projects the County and Commissioners are working on. b) Jody Mimmack, East Grand School District — gave a brief update on the new school year, the current happenings in the district and requested the Town of Fraser contribute $25,000. To East Grand School District Tech Program.. C) Grand Beginnings - updated the Board on the progress of GB's 2014 projects/ initiatives, and thanked the Board for the funding they receive from Fraser. 8. Public Hearings: a) Serene Wellness Retail Marijuana License — Trustee Taylor moved, and Trustee Waldow seconded the motion to open the public hearing on Serene Wellness Retail Marijuana License. Motion carried: 6-0. TA McGowan outlined the hearing procedure for the Board and public and swore in the witness'. Trustee Mather had questions regarding the regulations for the licensing of retail marijuana. The retail application, Proof of Publication, Findings of Fact and Police report/background check were entered into evidence as exhibits. Trustee Naill moved, and Trustee Waldow seconded the motion to enter the exhibits into evidence. Motion carried: 6-0. Also, entered as exhibits into evidence were; 2 emails received in opposition, the Board briefing from TC Berger and the Police findings. Trustee Waldow moved, and Trustee Mather seconded the motion to enter the exhibits into evidence. Motion carried: 6-0. Testimony was taken from: Dan Volpe — applicant. Craig Clarke — buyer of the Alco Center and owner of Growhouse Fraser LLC, a current retail marijuana applicant in the Town of Fraser. Marcie Tucker — employee of Dan Volpe in Empire spoke in favor of granting the license. Page 3of5 Katie McCoy — neighbor of Serene Wellness, would like to see a fence blocking off the alley. Chief Trainor expressed concerns with the suggestion to require fencing to control pedestrian traffic from the alley. He outlined how fences impede neighborhood patrols, law enforcement activities and pose significant concerns for officer safety during pursuit Kyle Pfeffer, Attorney for Serene Wellness LLC, - addressed the Board regarding the testimony given during the hearing. Trustee Taylor moved, and Trustee Naill seconded the motion to close the public hearing on Serene Wellness Retail Marijuana License. Motion carried: 6-0. • Resolution 2014-10-02 Approving The Application of Serene Wellness Fraser LLC, for a Retail Marijuana Center License for the Premises at 228 Byers Avenue, Fraser, Colorado. Trustee Taylor moved, and Trustee Waldow seconded the motion to approve Resolution 2014-10-02 Approving the Application of Serene Wellness Fraser LLC, for a Retail Marijuana Center License for the Premises at 228 Byers Avenue, Fraser, Colorado. Motion carried: 6-0. b) RV Easement Vacation (and relocation) Lot 56, East Mountain Filing 1, (Rendezvous) Reception # 2001-002997 TP Trotter outlined the desire of the applicant to relocate the emergency turnaround and vacate the easement. The existing easement will be abandoned and the replacement easement will be paved in the spring. Surety is being held until the easement is paved. Trustee Taylor moved, and Trustee Miller seconded the motion to close the public hearing on RV Easement Vacation (and relocation) Lot 56, East Mountain Filing 1, (Rendezvous) Reception # 2001-002997. • Ordinance 422, Authorizing the Vacation of Portions of Certain Public Easements on Lot 56, East Mountain Filing 1 Trustee Miller moved, and Trustee Taylor seconded the motion to approve Ordinance 422, Authorizing the Vacation of Portions of Certain Public Easements on Lot 56, East Mountain Filing 1. Motion carried: 6-0. C) Willows Easement Vacations Trustee Mather moved, and Trustee Waldow seconded the motion to open the public hearing on Willows Easement Vacations. Motion carried: 6-0. Proof of publication was given. TP Trotter briefed the Board on the history of the easements in the Willows and the current need, due to a change in the Willows plat to vacate these easements and replace the easements with the new alignment of the public right-of-ways. Page 4 of 5 Trustee Miller moved, and Trustee Taylor seconded the motion to close the public hearing on Willows Easement Vacations. Motion carried: 6-0. • Ordinance 423, Vacating Certain Public Water and Sewer Easements on Property owned by Grand Park Development LLC, in the Town of Fraser Trustee Miller moved, and Trustee Mather seconded the motion to approve Ordinance 423, Vacating Certain Public Water and Sewer Easements on Property owned by Grand Park Development LLC, in the Town of Fraser with the following conditions: • Receipt of correct legal. • Removal of the existing water and sewer facilities from the temporary easements. Motion carried: 6-0 9. Discussion and Possible Action Regarding: a) Resolution 2014-10-02 Approving The Application of Serene Wellness Fraser LLC, for a Retail Marijuana Center License for the Premises at 228 Byers Avenue, Fraser, Colorado. Acted on after close of hearing, see above b) Ordinance 422, Authorizing the Vacation of Portions of Certain Public Easements on Lot 56, East Mountain Filing 1 Acted on after close of hearing, see above. C) Ordinance 423, Vacating Certain Public Water and Sewer Easements on Property owned by Grand Park Development LLC, in the Town of Fraser Acted on after close of hearing, see above. d) Resolution 2014-10-01 Authorizing the Mayor to enter into a Construction and Maintenance Agreement with Union Pacific Railroad TA McGowan briefed the Board on the agreement with Union Pacific Railroad. The Board would accept the underpass as a public improvement after the 1 year seasoning period guaranteed by the contractor. Trustee Waldow moved, and Trustee Taylor seconded the motion to approve Resolution 2014-10-01 Authorizing the Mayor to enter into a Construction and Maintenance Agreement with Union Pacific Railroad. Motion carried: 6-0 e) Resolution 2014-10-03 Authorizing Award of Bid and Execution of Contract for Fraser US 40 Highway Improvement Project TM Durbin updated the Board on the bidding process for the Fraser US 40 Highway Improvement Project. A pre-bid meeting was held Friday October 10th with the final bid opening on Friday October 17th Trustee Waldow inquired as to whether the Town would need to accept the lowest bid. TM Durbin and TA McGowan outlined how this is a CDOT Highway Project, and unlike Page 5of5 Kings Crossing which was an access permit project, the state rules require that the project be awarded to the "lowest responsible bid." Additionally, proposals can only be submitted by CDOT pre -qualified contractors and the bids are subject to CDOT review and approval. Trustee Miller moved, and Trustee Taylor seconded the motion to approve Resolution 2014-10-03 Authorizing Award of Bid and Execution of Contract for Fraser US 40 Highway Improvement Project. Motion carried: 6-0 f) Headwaters Trail Alliance Trail 2014/2015 Winter Grooming Program TM Durbin outlined the desire of HTA to hire a contractor to do the winter grooming program instead of using volunteers as in the past. The Board directed TM Durbin to proceed with the agreement. g) Town Minutes Format Discussion — deferred to future agenda. 9. Other Business: The Board was provided with the preliminary 2015 budget at the meeting. Trustee Waldow moved, and Trustee Naill seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 9:55 p.m. Lu Berger, Town Clerk T N d .0 +0+ V Lo, O- c= m ' �7E 4- o 4)°'~moo 0 n. ,v_0iomo�' U O ui C X L �� di.0 •� d 'L M L y0 C C 0a N C R 0 o C9 E �, o ° ca 3Emw'� �m E O 'k '- o UcN U) — �'> c ._ V 'r- CL LQ, 0 W O A ca o a) o 0 t o .� Y _� W J 0 d N L 0~C-4 U) _) +� m C •E d r� E C 'a C O E O r �+ 'a d O -0 tl1 C i A d M m 3 m v o E o ami •a �+ O O O L O v rL a+ y' 3 'a W Cal Q. to c0 0 O CL O d +O+ N C 0 V •4% y_ L V L �% L W w 3 - o mean vii � �,•aoU) C L Lc0 cm O L 0 LL 0 tOA O 00 .F+ O �m d 0 L oO R V �— p, O C13R O' L .y > co O 0' L L +� O Q N Od d 0' 4- E o d U1 O ++ L r L L tC ia. �G O _ '0im '�.0� ao)H C r E L E c 0 O =C L d E 'Em L d ++ 0 o'3=)_� N> .V m= A •� *+ .- mG N O �vLi0 c� L R 0 a '4WC 0 0 o- -a LL O CO c�m'am�im d O d L0ea E _ 0 0) c m% E- ca m.2 at°- °�.c 3o c d r 0 0 .O Gs 0 0 C N Mm Cy- • • Q� a� U N 0 N J m -C O Q'n V _� W J o�3z c 0- Z OQN 'a W cn ca J Amo. co W C/) W s r� m U p N J m 0— a t9 p W p J � � >; p a. Q Q co) Q N� W CO Co �maJ 0 ca ca E �n 8 CO ry UL -i Nd- v W Q FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, October 29, 2014 MEETING: Board of Trustees Special 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 Others: See attached list Mayor Smith called the meeting to order at 6:05 p.m. 1. Regular Meeting: Roll Call 2. Approval of Agenda: Other business was moved before the Executive Session. Trustee Soles moved, and Trustee Naill seconded the motion to approve the Agenda. Motion carried: 7-0. 3. Other Business: TM Durbin briefed the Board on the budget schedule and other matters. 4. Executive Session; Town Manager Evaluation: For discussion of a personnel matter under C.R.S. Section 24-6-402(4)(f)(1) and not involving any specific employees who have requested discussion of the matter in open session. Trustee Taylor moved, and Trustee Naill seconded the motion to enter executive session. Motion carried: 7-0. Enter: 6:45 p.m. Exit: 9:25 p.m. Trustee Soles moved, and Trustee Naill seconded the motion to exit executive session. Motion carried: 7-0. Trustee Soles moved, and Trustee Naill seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 9:26 p.m. Lu Berger, Town Clerk FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, November 5, 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; Finance Manager Nat Havens; Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Plant Supervisor Joe Fuqua Others: See attached list Mayor Smith called the regular meeting to order at 7:15 p.m. 1. Workshop: Snow Management Operations Plan 2. Regular Meeting: Roll Call 3. Approval of Agenda: Trustee Waldow moved, and Trustee Taylor seconded the motion to approve the Agenda. Motion carried: 7-0. 4. Consent Agenda: a) Minutes — October 15, 2014 Trustee Waldow asked the minutes be removed from the consent agenda and moved to 7C. 5. Open Forum: 6. Public Hearings: a) 2015 Budget Trustee Naill moved, and Trustee Miller seconded the motion to open the public hearing for the 2015 budget. Motion carried: 7-0. In general, the preliminary 2015 Budget is based upon the staffing levels, programs, services and levels of service as provided by the Town in 2014. Page 2 of 3 In addition to consideration of the preliminary budget, the Board has been provided with a "wish list" of additional items that have been proposed for appropriation. While there is no alternative to approving a 2015 Budget (this is required of all statutory Municipalities), the Board has discretion to consider innumerable alternatives within the budget. Catherine Ross representing the Winter Park Fraser Chamber of Commerce, briefed the Board on the mission of the Chamber and the funding received from Fraser and how the Chamber uses those funds. The Trustees would like to take the $15,000 the Town retains from vendor fees and return it to the Chamber funding in 2015 with the caveat they help with the rebuilding of the relationship with the Town of Winter Park and economic development. Sustainability was discussed and the Board asked staff to include $20,000 in 2015 for this effort. Herb Meyring asked why the 2016 Water Capital Improvements Projects line was 3 million dollar in 2016. PW Nordin explained the amount would be used for a package filtration plant if we are found to be under the direct influence of surface water. Mather's gave the Board a proposal for local transportation enhancement for the Town of Fraser. TM Durbin will pursue this proposal. Shapiro asked about augmentation water and the effect on water rates. Staff Recommendation: The Board will continue the Budget Hearing and after discussion and hearing public comment, staff would recommend continuation of the hearing to November 19th. Trustee Soles moved, and Trustee Waldow seconded the motion to continue the public hearing until November 19th for the 2015 budget. Motion carried: 7-0. 7. Discussion and Possible Action Regarding: a) Resolution 2014-11-01 Approving Expenditures for the Wastewater Treatment Plant The meter/chart recorders at both stations are not properly functioning and can no longer be repaired because of parts availability. This was not an anticipated cost or budgeted item, but there are funds available in the capital replacement account for these unforeseen issues. Staff Recommendation: Staff recommends the approval of the expenditure not to exceed $18,000 for the replacement of the flow meters and chart recorders located at CR 8 and US 40. Trustee Soles moved, and Trustee Mather seconded the motion to approve Resolution 2014-11-01 Approving Expenditures for the Wastewater Treatment Plant. Motion carried: 7-0. Page 3of3 b) Town Board meeting minutes Recently the Trustees expressed a desire to discuss meeting minute's format. The Town of Fraser has used the "action minutes" format for recording the decisions taken by the Board of Trustees at their board meetings. Action minutes record the motion or "action" taken by the Board with regards to the agenda items. Staff Recommendation; a format that includes the executive summary and recommendations from a staff briefing regarding the agenda topic. This allows for the details of the topic to be included in the minutes, and the action taken by the Board. Should a different course of action be decided, this will be noted in the minutes. This alternative will allow a greater understanding of the topic, without the need to try and interpret the Trustee's or public's comments. Trustees approved staff's recommendation. C) Minutes — October 15, 2014 Trustee Waldow asked for some revisions to the minutes. The minutes will be brought back on the November 19th agenda. 8. Other Business: Trustee Soles moved, and Trustee Naill seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned a 9:40 p.m. Lu Berger, Town Clerk Is a� °= 3= o =o a ac o-� c .a CL 0 U) m R cx`L°a . °L 004°3 �V vNi p C/) J 00m 0 o�c G) O r E 75 o = O to w V m C C IM 3 E O= C d E O• - t p d_ tC N •-d •i C C L V y C. L c a� mm 0 0 AW p1 O C N •C. = C. �' M N M i V ~v r+ d C M •Q Gi•C Q •1•+ •° __ •E. d dC E a �• �f C d d% •�' 2 W E _ _ �.. v'��—�as cu �Eo w CD L 0 to ma N 0 RS L6 o2cL CL a 03 E o P N w = c ° Q 0 R L .0 d=•+ T •� - N••L V Q d Q i O ° o Z 0o 3� U) W,O L L 02 d LYS O4- ?+ d Q Q d U. d L Q O O L m G� C.C i >° 0.LQ Z0 Qo W p O R C a1o Hd � % SS d Qm Q d LO y N C. 0 _ N= C +C+ w C 3 0 M d di m L Q N C. E o O L L C. 0Y �pO °o N Q •aC-, t- i O t Q N L •a *0 ° d d cC t C. U)E- � ,� C E � m y.> O N m ° o•3�'a N D) 14-) aNi N :C a 1— N _) IM 0 0 Im $ � �, •a O O M 0 C O • C m E auoi °-E°- °-ate 3 �'o c •°s o aa Q a� U p C/) J om cn ° C9 3�w J 0+_Z c a z UJ0 2 W J ma 0 RS co W W 0 J _) V � W Q Z � Is a� °= 3= o =o a ac o-� c .a CL 0 U) m R cx`L°a . °L 004°3 �V vNi p C/) J 00m 0 o�c G) O r E 75 o = O to w V m C C IM 3 E O= C d E O• - t p d_ tC N •-d •i C C L V y C. L c a� mm 0 0 AW p1 O C N •C. = C. �' M N M i V ~v r+ d C M •Q Gi•C Q •1•+ •° __ •E. d dC E a �• �f C d d% •�' 2 W E _ _ �.. v'��—�as cu �Eo w CD L 0 to ma N 0 RS L6 o2cL CL a 03 E o P N w = c ° Q 0 R L .0 d=•+ T •� - N••L V Q d Q i O ° o Z 0o 3� U) W,O L L 02 d LYS O4- ?+ d Q Q d U. d L Q O O L m G� C.C i >° 0.LQ Z0 Qo W p O R C a1o Hd � % SS d Qm Q d LO y N C. 0 _ N= C +C+ w C 3 0 M d di m L Q N C. E o O L L C. 0Y �pO °o N Q •aC-, t- i O t Q N L •a *0 ° d d cC t C. U)E- � ,� C E � m y.> O N m ° o•3�'a N D) 14-) aNi N :C a 1— N _) IM 0 0 Im $ � �, •a O O M 0 C O • C m E auoi °-E°- °-ate 3 �'o c •°s o aa Q a� U p C/) J om cn ° C9 3�w J 0+_Z c a z UJ0 2 W J ma 0 RS co W W 0 J _) V � W Q Z � TOWN OF FRASER RESOLUTION NO. 2014-11-02 A RESOLUTION AUTHORIZING EXPENDITURES FOR THE REPLACEMENT OF THE COMMUNICATION AND CONTROLS AT THE JOINT FACILITIES TREATMENT PLANT WHEREAS, the Joint Facilities Capital Replacement Reserve Fund provides for the replacement of equipment; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Manager is hereby authorized to expend up to $25,000 out of the JFOC's Capital Replacement Reserve Fund for the purchase of a controls and communications system for the Joint Facility Treatment Plant as outlined in the Wastewater Superintendent's staff briefing dated November 7, 2014. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 19th DAY OF NOVEMBER, 2014. Votes in favor: Votes opposed: Absent: Abstained: (SEAL) BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk MEMO TO: Mayor Smith and the Board of Trustees FROM: Joe Fuqua, Plant Superintendent DATE: 7 Nov 2014 ( meeting 19 Nov 2014 ) SUBJECT: Communication and Controls Update/Replacement MATTER BEFORE BOARD: The Supervisory Control and Data Acquisition (SCADA) communication and control systems at the Joint Facility are in need of replacement and updating from the old analog system to today's digital systems. Board authorization and approval is required for this expenditure. ACTION REQUESTED: Approval of resolution 2014 -11- 02 which provides for the expenditure from the Capital Replacement Reserve/ Capital Improvement Projects Fund (CRR/CIP Fund, a sub -fund of the Joint Facilities Fund) in the amount of $ 24,924.00 dollars. BACKGROUND: The SCADA controls and communications systems for the treatment plant are currently an analog system and over ten years old. We have been repairing and changing system parts for the past few years. Parts required to keep the system up and running are becoming harder to locate and prices keep rising with the scarcity. The analog SCADA systems are also at the end of their life cycles as users are migrated to digital technologies. These updates will change the system from analog to digital communications. Original estimates and budget amounts were lower than actual costs ( - $14k to $25k). The "Panel View" or Operator Interface Hardware costs have risen dramatically since the original estimates were solicited. ALTERNATIVES: At this point we will need to migrate from the analog based system to the digital format with our only alternative to try to salvage old analog systems from elsewhere - however technical support of these systems will no longer be available soon. RECOMMENDATION: Staff recommends moving forward with these needed updates. �own of Fraser I1�10 Box 370, Fraser, 80442 office 970 726-5491 fax 97e-726-551 rnrrn w f asercdorado.com MEMO TO: Mayor Smith and the Board of Trustees FROM: Jeffrey L. Durbin, AICP, ICMA-CM, Town Manager DATE: November 13, 2014 SUBJECT: 2015 Budget MATTER BEFORE BOARD: Consideration of the annual budget. This memo accompanies the agenda for the second Budget Hearing. Changes are noted in red. ACTION REQUESTED: On December 3, 2014, the Town Board will consider adoption of the 2015 Budget and associated matters. On November 5th and November 19th the Board will discuss the preliminary budget, hear public comment, and work towards a final budget for approval. BACKGROUND: Colorado municipalities are required to adopt an annual budget. In addition to identifying revenue sources and amounts, the budget identifies proposed expenditures. Over the course of the year, the budget provides the framework for the annual workplan, all programs, projects, and services (and levels of service) to be provided to the community. The expenditures appropriated in the annual budget cannot be exceeded unless an amended budget is adopted after proper hearings. The annual budget cannot provide for deficit spending, unless appropriate additional funds are provided (such as those from reserve accounts). Budget adoption is a public policy exercise that must comply with certain statutory requirements. The Fraser process meets and exceeds all such requirements. While only one public hearing is required, the Fraser Town Board traditionally hosts at least three hearings. In accordance with statutory requirements, the Town Board received a preliminary budget on October 15, 2014. Additionally, the Board received Capital Improvement Plans (Streets, Water, Wastewater, and the Treatment Plant) and the "Wishlist" which includes over two million dollars in additional projects and programs that have been proposed for consideration. These documents are all included with this packet. The preliminary budget is provided in the form of what we call the Ten Year Budget Tool. This is spreadsheet budget that allows for projections of revenues and expenditures into the future. This is provided to facilitate better fiscal decisions. I would also note that the member entities of the Joint Facilities have met for the annual Joint Facilities Oversight Committee (JFOC) meeting to review the budget (Joint Facilities Operations and Maintenance and Capital Replacement Reserve Funds) and approved the budget. PO Box 370.1 Fraser, CO 80442 oFfice 970 726 5491 fatx 970..7'26 5518 Budget Process The budgeting process is continuous throughout the year, as we continually monitor revenues and expenses against the current adopted budget. Budget development for the following year begins mid -year in the offices of the Town Manager and Finance Manager as trends are identified and work plans for the current year are evaluated. Around this time budget requests and proposals for the following year start to be identified and are submitted by department heads, the Town Board, and other outside entities. Formal discussions with the Town Board are typically initiated in August. While only one public hearing is required, the Town of Fraser hosts three public hearings to ensure that the community has ample opportunity to engage in this process. In 2014, the Town Board will conduct three hearings (November 5th, November 19th, and December 3 d) The Town Budget is one of the most important matters considered by the Town Board that directly affects every resident, guest, business, and property owner within the community. Budget Basis The 2015 budget is prepared in accordance with the laws of the State of Colorado and has been prepared using the Modified Accrual basis of accounting. Under this method, the focus is on current financial resource measurement whereby revenues are recognized when they become both measurable and available (except for unmarred interest on long-term debt which is recognized when due). Measurable means the amount of the transaction that can be determined and available means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. The budgets for the enterprise funds are prepared using the accrual basis of accounting, meaning that revenues and expenses are recognized when they are earned or incurred. Funds The Town's Budget includes the following funds: • General Fund, which provides for the general functions and services such as administration, planning, law enforcement, streets and properties. • Conservation Trust Fund. Which is funded by lottery proceeds and provides for open space and recreational capital projects. • Debt Service Fund, which provides for debt service payments. • Capital Asset Fund, which is intended to fund long term maintenance of capital assets. • Capital Equipment Replacement Fund, which provides for vehicle and heavy equipment purchases. PO Box 370.1 Fraser, CO 80442 oFfice 970 726 5491 Iatx 970..7'26 5518 • FREP Fund, which was utilized for the Fraser River Enhancement Project to provide transparency and accountability for the project. • Water Fund, an enterprise fund for the Town's water utility. • Wastewater Fund, an enterprise fund for the Town's wastewater utility. • Joint Facilities Fund O&M, and the Joint Facilities Fund CRR, both of which provide for operations and capital projects at the Wastewater Treatment Plant. The baseline services provided for in the 2015 budget include: • Public Works, including maintenance of streets, trails, and parks; Water production and distribution to Fraser residents and guests; Wastewater collections and treatment; • Operation of the Upper Fraser Valley Wastewater Treatment Facility on behalf of the Town of Fraser, Winter Park Ranch Water and Sanitation District, and Grand County Water and Sanitation District #1; • Administrative services including financial and records management, and general municipal administration; • Community Development, including planning review of new development, long range strategic planning, and other planning and building services; and • Provision of Law Enforcement (including municipal court and animal control) and Building Inspection Services via intergovernmental agreements with the Town of Winter Park. In general, the preliminary 2015 Budget is based upon the staffing levels, programs, services and levels of service as provided by the Town in 2014. However, the preliminary 2015 Budget generally includes notable adjustments as follows: • Employee compensation lines include a 3% increase for merit based pay adjustments. Employee wages were frozen between 2008 and 2013, a 3% pool was provided for in the 2014 Budget. The budget for the town's share of health insurance premiums will be reduced in 2015. Additionally, in the administrative department, there are increases that reflect the new intern position ($37,500 which is reduced by a $20,000 grant). • The budget for Staff and Town Board training and travel has been increased to provide for levels consistent with 2014. • Revenues and expenditures related to reimbursable professional services have been increased to avoid the need to amend the budget. This item related to consultant review fees for development applications, and revenues will be equal to the expenses as a result of developer/applicant payment. • Legal and engineering fees in the General Fund, Water Fund, and Wastewater Fund have been increased in anticipation of ongoing matters that require this support (such as the Byers Peak Ranch development). • 117 Eisenhower (the Historic Church and Community Center) needs to be painted in 2015 at an estimated expense of $18,000. • The Highway 40 paved pedestrian trail needs a slurry seal in 2015 at an estimated expense of $15,000. PO Box 370.1 Fraser, CO 80442 oFfice 970 726 5491 falx 970..7'26 5518 • Funding is included for the Cozens Ranch Fraser River Pedestrian Bridge project in the amount of $100,000. This project would require additional funding from a pending grant application. • The budget for the Outdoor Activity Center (120 Zerex) has been reduced to reflect only ongoing carrying costs. This reduction results from the lease/partnership with Headwater Trails Alliance. • The Capital Asset Fund includes revenues and expenditures for the Fraser US 40 Highway Improvement Project (two traffic signals and highway widening at the south side of the community) • The Water and Wastewater Funds include budget appropriations for capital projects as identified on the Capital Improvement Plans. As recommended by the Water and Wastewater Committee, the Fraser Firming Fee would not be collected in 2015. Wastewater Rates would be reduced by $10 per SFE per Quarter, and Water Rates would be increased by $10 per SFE per quarter. The Committee felt that the Wastewater Fund is better positioned than the Water Fund, hoped to provide some rate relief to customers. • As noted above, many other lines include minor increases or decreases pursuant to recent and anticipated expenditure trends. Funding for the Chamber of Commerce is increased by $15,000. The total funding is based upon 3.3% of sales tax revenues plus $15,000 for general events and $10,000 for Picnic in the Park. $20,000 is provided for Sustainability Planning Efforts. $25,000 is provided for Public Transit enhancements (see attached Transit Memo). Funding is included in the Water Fund for augmentation facilities and other maintenance/capital projects. A transfer back into the fund from reserves has not yet been included pending discussion November 19l". ALTERNATIVES: In addition to consideration of the preliminary budget, the Board has been provided with a "wish list" of additional items that have been proposed for appropriation. While there is no alternative to approving a 2015 Budget (this is required of all statutory municipalities), the Board has discretion to consider innumerable alternatives within the Budget. RECOMMENDATION: On November 19th, the Board will open the Budget Hearing and after discussion and hearing public comment, staff would recommend continuation of the hearing to December 3rde PO Box 370.1 Fraser, CO 80442 oFfice 970 726 5491 falx 970 726 5518 MEMO TO: Mayor Smith and the Board of Trustees FROM: Jeffrey L. Durbin, AICP, ICMA-CM, Town Manager DATE: November 13, 2014 SUBJECT: 2015 Budget - Public Transit Enhancement Proposals Pursuant to Board direction on November 5th, I have initiated conversations with local public transit providers and am providing a status summary. I've indicated the following as the goal for this informal request for proposal: The Town Board is seeking to improve local public transit via a new (or expanded) collaborative effort with an existing provider. Funding would target the goal of picking up patrons from Fraser businesses and dropping them off at home (within a reasonable service area) and/or picking them up at home and dropping them off at a Fraser business. This would be during the winter season only, and focus on evening/night hours. Below is a summary of response to date. VALLEY TAXI Following general phone conversations, email confirmation between me and Curt Spenser (Valley Taxi): (Jeff email to Curt) I'd like to confirm that I understand our conversation correctly, especially before I replay the discussion with Winter Park or the Board. Essentially, what you'd request is the staffing costs be underwritten at a daily cost of $130. Over the course of a 180 day season, that'd be a total cost of $23,400. This would be for a 7 day service, with reliable service throughout the evening hours. I think til at least 2am? Under that scenario, you'd offer reduced rates (amount to be determined). However, it would be problematic to offer differential rates at Fraser businesses (if only Winter Park was not party to this proposal) given customer reactions and conflict with your PUC license. We didn't discuss how many taxis you'd have on the street, but I believe you run one on weekdays and two on weekends. Does that all sound accurate? PO Box 370.1 Fraser, CO 80442 oFfice 970 726 5491 fatx 970..7'26 5518 (Curt email reply to Jeff) Yes thats right but let me clarify. My request is 130.00 per day. You can call it a rental a call and demand charter but the 130.00 per day covers the drivers time only. I will assume all other costs and the customer would get a discounted fare, win-win! The service would be provided by 1, 12 passenger van for a total of 8 hours pre day for 7 days a week running a reservation and call and demand taxi. The dates would be from mid April to mid November, at or about 180 days. In my experience the day shift in the summer would benefit the valley the most. Please feel free to add as many days as you want but we always run Friday and Saturday nights from June to September and all ski season. Not much happens Monday through Thursday nights during the summer and off season. As for the fares and WP's involvement It would probably not effect my PUC permit to charge different fares, it would however create a lot of problems for all involved. I strongly believe that WP should be involved. Not only can cut the cost to Fraser and WP in half, it creates a better cohesive system. If you can bring Tabernash into this it lowers the cost even more per party. The Y and DTR could pitch in. Plus it would be difficult to contain VT (Valley Taxi) just to Fraser when we get calls from all over the valley and county. As you can see its best if WP and Tabernash participates. Rarely would the valley need 2 taxis running during summer week day hours, weekends yes. We could always add a taxi here or there when its needed. Plus, if this, in time pays for its self we would discontinue the account and continue business like we have. I would also like to offer the towns of Granby, HSS and GL the same deal. That side of the county needs this almost as bad as the Fraser Valley. This would be a great start to getting a small, cost sharing and effective transportation system in Grand co. Im proud of you and the Town of Fraser for reaching out. I was at the budget hearing and thought that if all the towns in this county had Frasers attitude toward transportation we be much father ahead than we are now. Let me know how I can help or if you have any questions, I would love to answer them. FIRST TRANSIT First Transit outlined two scenarios where they might help. First, for approximately $24,000, a late night shuttle could be provided that might operate between 11:00pm and 2:00am to get people home safely, this proposal is not Fraser business specific, but would operate throughout both business communities, and would not provide door to door service. Second, Fraser could add a "Link" route. Winter Park has provided this in recent years as a way to increase service levels, while (at least in Winter Park) reduce service costs. Essentially, this is an on-call bus route. First Transit believes that adding a second "Link" here in Fraser, would allow for much greater service levels in both business communities, and while it could not provide door to door service, it would expand use of the bus system. This has been a very successful and popular program in Winter Park. Assuming both funding communities supported coordination of these two "routes," First PO Box 370.1 Fraser, CO 80442 oFfice 970 726 5491 falx 970..7'26 5518 Transit would operate both buses interchangeably. I have not yet received cost estimates for this proposal, but expect to have that by November 19th. I further expect that this would exceed $30,000. HOME JAMES Home James sold their PUC Taxi License along with the Sale of Valley Taxi to the current owner, so absent acquiring a new license, they could not provide taxi service. NEXT STEPS I should note that since both Valley Taxi and First Transit mentioned collaboration with Winter Park in their conversation, I had a preliminary conversation with the Winter Park Town Manager to provide an overview of the Board's goals and to open the door for potential collaboration. A few years ago Valley Taxi approached the Town of Winter Park with a proposal similar to that provided to me, which was not funded by the Town Council. The Town of Winter Park is pursuing ways to enhance bus service in Town, and may bring a ballot question to their voters next fall. I believe Winter Park would be supportive of any of the above scenarios that might Fraser elect to pursue, and that they would be open to conversations about how the communities might collaborate on future transit enhancements. Clearly there are options available for the Board to consider. Pending Board direction, I would look forward to working with the appropriate entity to draft a service agreement for Board consideration. PO Box 370.1 Fraser, CO 80442 oFfice 970 726 5491 fatx 970..7'26 5518 ME, �I 4Q os 8 o o e �4o S o g� o q C p a4 +� C,� u3 v°� �,� m C �5 `c�, 4 6 a6 u3 4� v°� C �, C ✓" u� Q 4 C 'A m14 6 4 n G R; 8 a �N o $ fl S E E E EEL 'o c�'�' _ - c c ° - E E E _ - E m w v - - _ _ m E E E w eo u o -, d o d o a o 0 8 8 8 Q 8 Q; 8 a Rcccco�ca'caoc,, il uuuum m iil!I!IIVVW VVVuuuuu" uuu uuu � i VV 'u cc o�ccc c$ uuu ce N: a S 8 a 8 8 888 E E E E E E E E E E E E d.c`?���20-,dow 7 S 2S v E Y _ - a 3 Z E oil - - - - - - - - - - - - l� - lMI I�. . . . IIIIIIIIIIII•I I�IIIIIIIIIIII•III IIII II IIIIIIII Final Report East Grand Fire Protection District The P;conolnics q10' w/ Use No.4 Fire Impact Fee Analysis Economic & Planning Systems, Inc. 730 17th Street, Suite 630 Denver, CO 802 02-351 1 303 623 3557 tel 303 623 9049 fax Oakland Sacramento Denver Los Angeles Prepared for: East Grand Fire Protection District No. 4 Prepared by: Economic & Planning Systems, Inc. June 30, 2014 EPS #143022 Table of Contents 1. EXECUTIVE SUMMARY............................................................................................ 1 Purpose................................................................................................................... 1 Recommended Fees.................................................................................................. 2 2. BACKGROUND..................................................................................................... 3 Motivation for Communities to Adopt Impact Fees.........................................................3 Legal Standards for Impact Fees.................................................................................4 3. PROJECTIONS AND METHODOLOGY.............................................................................. 7 GrowthProjections....................................................................................................7 Methodology.......................................................................................................... 15 4. FEE PROGRAM................................................................................................... 16 CapitalCosts.......................................................................................................... 16 Apportionment of Costs and Fee Estimate.................................................................. 18 List of Tables Table 1 Proposed Fire Impact Fees, 2014-2018...............................................................2 Table 2 Residential Growth, Historic Trends, Winter Park, Fraser, and Grand County ............ 8 Table 3 Residential Historic Growth Trends, EGFPD, 2000-2013 (# Units)...........................9 Table 4 Residential Projected Growth Trends, EGFPD, 2013-2030 (# Units) ...................... 11 Table 5 Non -Residential Historic Growth Trends, EGFPD, 2000-2013 (Sq. Ft.) ................... 13 Table 6 Non -Residential Projected Growth Trends, EGFPD, 2013-2030 (Sq. Ft.) ................ 14 Table 7 East Grand Fire Protection District Capital Needs Budget, 2013-2030 .................... 16 Table 8 Engines and Other Vehicles Acquisition - Share for New Development .................. 17 Table 9 Capital Costs Attributable to New Development, 2013-2030 ................................ 18 Table 10 Development Assumptions Summary................................................................ 18 Table 11 Fire Impact Fees............................................................................................ 19 List of Figures Figure 1 East Grand Fire Protection District and Grand County ........................................... 1 1. EXECUTIVE SUMMARY Purpose East Grand Fire Protection District No. 4 (EGFPD) is one of five fire districts within Grand County, Colorado. The District's service area is centered on the towns of Winter Park and Fraser and covers approximately 200 square miles. Within its boundary, it offers fire protection and prevention services to residential and commercial entities in Winter Park and Fraser as well as in unincorporated parts of the County. Winter Park and Fraser are located approximately 70 miles west of Denver, north of Berthoud Pass along U.S. Highway 40. They are also approximately 40 miles south of the Grand Lake entrance to Rocky Mountain National Park and in close proximity to several national forests and wilderness areas and the Winter Park Ski Resort (Figure 1). Thus the District is situated in an area focused on recreation and tourism and is popular with vacation homeowners in both summer and winter seasons. The area continues to grow, with new housing units and commercial services for local full-time residents, vacation homeowners, and visitors. This growth, particularly in second homes, was especially robust during the early and mid -2000s. However, like much of the rest of the country, the area's development momentum slowed dramatically during the Great Recession and has remained relatively stagnant over the past six years. Figure 1 East Grand Fire Protection District and Grand County Economic & Planning Systems, Inc. 1 143022 -Final Rpt 071014.docx East Grand Fire Protection District No. 4 Fire Impact Fee Analysis June 30, 2014 Notwithstanding the slowdown in residential and commercial development, the District must plan for the future, anticipate new cycles of growth, and strategically prepare to provide service to the area as development resumes. One important aspect of this planning is to anticipate the future capital needs necessary to serve new housing units and non-residential businesses. The Fire Impact Fee is one funding source used to offset the costs of the facilities and equipment necessary to serve new development over time. East Grand Fire Protection District No. 4 commissioned a fiscal impact study in 2000 and subsequently the towns of Winter Park and Fraser and the Grand County Board of County Commissioners approved its first fire impact fee program in 2001 ($254 per residential unit or its commercial equivalent). The study was updated in 2004, and approvals from the towns and the County' modified the impact fee to $454 per housing unit or equivalent. This study has been commissioned by East Grand Fire Protection District and its Board of Directors to address the District's long-term capital needs and to provide analysis of potential fire impact fees to help cover these future expenses. This report evaluates and projects residential and non-residential growth over a long-term (17 -year) planning horizon and utilizes these projections to assess likely development impacts within the District. In addition, the report estimates probable District costs associated with capital needs (facilities and equipment) and based on those costs, calculates a proposed fire impact fee schedule for the District over the next five years (2014 to 2018). Recommended Fees The recommended fee schedule is summarized in Table 1 to provide a concise overview of the proposed program. Table 1 Proposed Fire Impact Fees, 2014-2018 Description Amount Fee per Residential Dwelling Unit 1 $483 Fee per 1,000 Sq. Ft. of Non -Residential Development 1 $268 source: tconomic & manning systems H\143022- East Grand Fire Irrpact Fee Study\Models\[ 143022-Fees.xIs] Fire I rrp act Fee Summry The report provides more detail in subsequent chapters. Chapter 2 outlines the policy and legal basis for an impact fee program. Chapter 3 provides the methods and development projections used in the analysis. Chapter 4 details the proposed fee program, outlining the facility and equipment needs, capital costs, apportionment of costs, and the nexus that links the costs to development. It concludes with the analysis of the maximum fee calculation. 1 Town of Fraser Ordinance # 309 - 2005 Series; Town of Winter Park Ordinance No. 353 - Series 2005; Grand County Resolution No. 2005-4-31. Economic & Planning Systems, Inc. 2 Final Report 2. BACKGROUND An impact fee is a 'gone -time charge assessed against new development that attempts to recover the costs incurred by a local government in providing the public facilities required to serve new development."Z An impact fee program enables a local government to collect revenue from a developer to cover capital costs that are directly related to the impacts generated by a proposed development. The benefits of an impact fee program include the following: • Requires growth to pay its own way and prevents existing residents from subsidizing costs generated by new development. • Provides consistent, clear standards for developers and increases predictability in the approval process. • Enables communities to provide the facilities and infrastructure needed to keep pace with growth. The result is an improved quality of life for the entire community. Motivation for Communities to Adopt Impact Fees Impact fees are one method local governments can use to ensure that adequate public facilities are provided concurrent with new development. Most communities require developers to provide all on-site public infrastructure (or bonds to ensure future construction) as part of subdivision approvals. These can include roads, parks, school sites, drainage facilities, sidewalks, wet and dry utilities, and other types of infrastructure. Most development generates off-site impacts and mitigation requirements. Depending on their size and nature, the associated improvements can, in some cases, provide benefits to the new development as well as the existing community. Determining the portion that is attributable to a specific development has been historically challenging and sometimes contentious. Moreover, the scale of some community facilities (i.e., a library) is such that the threshold for mitigation is rarely reached by individual development proposals. Impact fee programs are an outgrowth of the development approval process that enables local governments to ensure that the cost of needed facilities is borne proportionately by each new development proposal. Thus an impact fee program can be viewed as a comprehensive system that reduces, but does not necessarily eliminate, the need to develop exactions for individual projects. Z Colorado Municipal League, Paying for Growth, Carolynne C. White, 2002. Economic & Planning Systems, Inc. 3 143022 -Final Rpt 071014.docx East Grand Fire Protection District No. 4 Fire Impact Fee Analysis June 30, 2014 Legal Standards for Impact Fees Impact fees have become increasingly popular as communities look for ways to expand infrastructure to accommodate growth. The U.S. Supreme Court has established a dual test for land use exactions, commonly referred to as Nollan/Dolan, which requires both a 'rational nexus" and 'rough proportionality" between the proposed use and the exaction. While the development community has historically looked for these requirements for impact fee programs, the State of Colorado clarified the issue and adopted a slightly different standard with the adoption of Senate Bill 15, following a Colorado Supreme Court decision addressing the issue. In 2001, the Colorado Supreme Court ruled in Krupp v. Breckenridge Sanitation District that the District could assess an impact fee based on a set of development characteristics that reflect the general performance of a proposed use, rather than the specific conditions of an individual proposal. While traditional exactions are determined on an individual basis and applied on a case-by-case basis, an 'impact fee is calculated based on the impact of all new development and the same fee is shared to all new development in a particular class."3 The finding of the court distinguishes impact fees, as a legislatively adopted program applicable to a broad class of property owners, from traditional exactions, which are discretionary actions applicable to a single project or property owner. In addition to this judicial clarity, in 2001 the State legislature provided specific authority in adopting Senate Bill 15 that "provides that a local government may impose an impact fee or other similar development charge to fund expenditures by such local government on capital facilities needed to serve new development." The bill amends Title 29, the section of the Colorado statutes that governs both municipalities and counties, and defines "local government" to include a county, home rule, or statutory city, town, territorial charter city, or city and county. "4 Senate Bill 15 states that local governments must "quantify the reasonable impacts of proposed development on existing capital facilities and establish the impact fee or development charge at a level no greater than necessary to defray such impacts directly related to proposed development." Rather than using the tests related to Nollan/Dolan, the standard that must be met within the State of Colorado requires mitigation to be 'directly related" to impacts. This test has been used consistently to establish impact fee programs and has not been legally challenged to date. The standards set forth in Senate Bill 15 further stipulate that the program be: • Legislatively adopted; • Applicable to a broad class of property; and • Intended to defray projected impacts on capital facilities caused by development. 3 Colorado Municipal League, Paying for Growth, Carolynne C. White, 2002. 4 Ibid. Economic & Planning Systems, Inc. 4 Final Report East Grand Fire Protection District No. 4 Fire Impact Fee Analysis June 30, 2014 Key Elements of an Impact Fee Program under SENATE BILL 15 • Capital Facilities - Fees may not be used for operations or maintenance. Fees must be spent on capital facilities, which have been further defined as directly related to a government service, with an estimated useful life of at least five years and which are required based on the charter or a general policy. • Existing Deficiencies - Fees are formally collected to mitigate impacts of growth and cannot be used to address existing deficiencies. In the analysis used to establish an impact fee program, the evaluation must account for existing uses and deduct this segment of the community from build -out estimates to identify the net new users. • Credits Must Be Provided - In the event a developer must construct off-site infrastructure in conjunction with his or her project, the local government must provide credits against impact fees for the same infrastructure, provided that the necessary infrastructure serves the larger community. • Timing - The District must hold revenues in accounts dedicated for the specific use. Funds must be expended within a reasonable time or returned to the developer. The State enabling legislation does not specify the maximum length of time; rather, it requires that revenues are held for a 'reasonable period." Because different types of improvements can vary in their size and cost, a 'reasonable period" represents different lengths of time that correspond to the complexity of the improvement. For example, a trail system can be built incrementally and the engineering required to construct the segments is relatively simple. Alternatively, a wastewater treatment facility involves a significant level of planning and engineering, and by definition, addresses a regional planning area. Thus, the reasonable time period to hold and expend funds differs according to the type of infrastructure. • Accounting Practices - The District must adopt stringent accounting practices as specified in the State enabling legislation. Funds generated by impact fees may not be comingled with any other funds. If any entity collects fees on behalf of another, Intergovernmental Agreements (IGAs) with necessary indemnification language must be adopted. Other Important Factors Districts - Senate Bill 15 does not specifically authorize metropolitan or special districts to establish impact fee programs. However, local governments may impose impact fees for "any service that a local government is authorized to provide." To the extent that such services are provided by other entities, such as a special district, it is appropriate for a city or county to collect the impact fee to offset the costs of capital improvements directly related to providing that service. In some communities, special districts provide services such as water, police or fire protection services. To the extent that the local government(s) wishes in the future to collect fees on behalf of another entity to share in the cost of service provision, the local government may collect these fees, but must also establish procedures to ensure accurate transfer of funds and compliance with applicable legal requirements. • Pending or Previously Approved Development - Colorado statutes exempt from impact fees developers that have submitted 'complete applications" to a local jurisdiction prior to adoption of a fee program. This could apply not only to applications in the development review process, but also to the numerous vacant platted lots within existing subdivisions, Economic & Planning Systems, Inc. 5 Final Report East Grand Fire Protection District No. 4 Fire Impact Fee Analysis June 30, 2014 depending on when the impact fee is collected. Senate Bill 15 states that impact fees may be assessed as a condition of issuance of a 'development permit." While a building permit is not expressly listed in the definition of a 'development permit," it seems clear that a building permit is an application for new construction within the meaning of the statute. Thus, if the program is established to trigger payment with a completed building permit application, 'pan impact fee... could probably be assessed against projects for which complete subdivision applications were filed before the fee was adopted, but which have not filed complete building permit applications."5 • Impact Fees versus Exactions - Once the Town and County establish an impact fee program, they remain able to include exactions (such as those defined in their Land Use Codes) in future development approvals as long as the impacts addressed through the exaction are distinct from the impacts addressed by the fees. Many municipalities employ both tools in their development approval process. The key is to ensure that the mitigation addressed by an exaction does not duplicate the improvements used as a basis for an impact fee. One of the benefits of an impact fee program is a potential reduction in the need to negotiate site-specific exactions, with particular benefit regarding regional needs and the process used to determine the appropriate share to be borne by individual development proposals. While the development community should benefit from a simplified development review process, an impact fee program itself does not preclude the Town or County from requiring exactions. Impact Fee Calculations Within the framework described above, EPS has worked carefully to establish the Fire Impact Fee for East Grand Fire Protection District No. 4. The overall approach to calculating the fee is described below: • Growth Forecast - Estimate the rate of growth and project the extent of residential and non-residential development to occur over the specified planning horizon. Determine total residential units and non-residential square footage and then distinguish between development related to growth from the existing development. • Facility and Equipment Needs - Identify new facility and equipment requirements relating to new development and District goals and requirements. • Capital Costs - Use existing information and supplemental research to estimate the capital costs associated the facility and equipment needs. • Apportionment of Costs - Apportion capital costs between existing and new development. • Single Family Equivalency (SFE) - Based on historical methodology, translate the residential fee to non-residential use. • Maximum Fee Calculation - Estimate the maximum fee supportable based on costs that are directly related to the new development improvements. 5 Colorado Municipal League, Paying for Growth, Carolynne C. White, 2002. Economic & Planning Systems, Inc. 6 Final Report 3. PROJECTIONS AND METHODOLOGY Growth Projections This section includes projections of the District's residential and non-residential inventory as a basis for apportioning the costs for the proposed Fire Impact Fee. A combination of historic and projected growth rates is used to project residential and non-residential development trends. In both the historic and the projected analyses, EPS included enough years in the analysis to account for both low and high periods within the development cycle. In the analysis, EPS incorporated the following points: • The historic trends cover the period from 2000 to 2013, capturing both the boom years of the early and mid -2000s as well as the recessions that began in 2002 and 2008. • The planning horizon for this study has been set for 2030, projecting a 17 -year period spanning from 2013 to 2030 and providing a reasonable length of time to account for cycles of development. EPS suggests a departure from the District's past methodology of utilizing 5 -year development projections in favor of a longer-term projection. This longer projection period more accurately accounts for cyclical changes in economic conditions. Notwithstanding this longer planning horizon, it is recommended that the District continue its pattern of commissioning an impact fee recalibration study every five years to account for changes in District capital needs as well as local development conditions. These five-year updates provide the District with opportunities to re-evaluate its long-term capital needs assessments in response to shifting development trends and firefighting needs. Residential Historic Growth Trends Historic growth rates recorded by the Colorado Department of Local Affairs State Demographer's Office (DOLA) for the towns of Winter Park and Fraser and for Grand County are shown in Table 2. Between 2000 and 2012, the County population grew at an average annual rate of 0.8 percent and the population in Winter Park grew at 1.2 percent annually. In Fraser, the annual increase was 2.2 percent. Housing units in Grand County grew at an annual rate of 2.5 percent over the twelve year period, 2.8 percent in Winter Park, and at 4.4 percent annually in Fraser. Housing construction outpaced population growth due to the market pressure from second homeowners. Using Grand County Assessor's Office parcel data, EPS isolated residential growth trend information for East Grand Fire Protection District, as shown in Table 3. Between 2000 and 2013, the number of residential units within the District increased by 2,182. This is an average of 168 new units per year or a 3.0 percent annual growth rate. 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The estimates show that housing units are expected to increase by 3,500 over the 17 -year planning period to a total of 10,400. An average of approximately 205 new housing units can be expected within the district on an annual basis during the planning period. This represents a 2.4 percent annual rate of growth, which is lower than the 3.0 percent rate seen between 2000 and 2013 and reflects in part the lower projected growth rate anticipated through 2015 as the area emerges from the recession. Economic & Planning Systems, Inc. 10 Final Report 3 � 2 � � q q A 0 � 0 LL 93 LU ] �§ }� \ / \ \ a y y y y y y y 0® \ � & & & & & & & & m C# \tNCD CO�to § ~ N / 2 C)(Dco E 3�7 R $ 3 2 / 2 / \ / QHS 0 \ w + w 6 LO $ 7 3 \ / 0 � 7 2 Q / 0 m air m + + a N $ / & CO / E \ CO 0 \ era o & & 1_: CO \ \�§ \ % \ N \ G / N 6 & & ( 00 \ \�\ § \ \ \ / co / =m & & f \ / /\+\ ° 2 0coo �a41= - k % \ \ D \ 7 / E LLT 2 E = x\ 2 2 n d = 2 0)£ \ g G E ± / R / > > > L 3 / \ / / \ \ \ \ \ \ \ � I - _ _ _ _ _ _ _ _ \ 0ffffffff- $ $ 0 2 $ $ $ $ $ $ $ $ 0 E E E E E E E E e J \ / \ \ East Grand Fire Protection District No. 4 Fire Impact Fee Analysis June 30, 2014 Non -Residential Historic Growth Trends Grand County Assessor's Office parcel data is used to show non-residential development trends in the East Grand Fire Protection District from 2000 to 2013, as shown in Table S. Slightly more than 530,000 new square feet of non-residential space was built within the District during the thirteen year period, an annual average of 41,000 square feet and 1.7 percent growth rate. Projected Growth Trends The employment forecast for Grand County is based on Colorado Department of Local Affairs (DOLA) projections. Similar to population forecasts, DOLA does not provide sub -county estimates. Thus the county -wide employment projections are used, and calibrated to District - wide baseline figures. Using the Grand County Assessor's parcel data from 2013 as a base and applying projected Grand County employment growth rates from DOLA, EPS projected non-residential growth for the East Grand Fire Protection District in five-year increments out to 2030, as shown in Table 6. The estimates show that non-residential space in the District is expected to increase by 1.2 million square feet over the 17 -year planning period to just over a total of 3.95 million square feet. Approximately 71,000 new square feet can be expected within the district on average on an annual basis. As with all commercial development, the annual figure reflects an average over the planning horizon. Actual development can be expected to occur in larger increments at various points in time. An average annual increase of 71,000 square feet represents a 2.2 percent annual rate of growth, which is slightly higher than the 1.7 percent rate seen between 2000 and 2013. It is worth noting that DOLA projects 2.0 percent employment growth for the County between 2010 and 2015 (in contrast to the 0.5 percent household growth), indicating that employment growth will lead housing growth in the area as surplus vacant homes are absorbed by the market. Two of the key assumptions in this non-residential growth projection are: 1) the rates of capture and leakage of retail sales expenditures will remain constant over the planning horizon; and 2) the growth in local employment will be proportional to the development of commercial/non- residential floor area. Economic & Planning Systems, Inc. 12 Final Report W n LL LL M rl 0 N 0 0 0 N 0 IL LL 93 W H V C s 3 0 V .i 0 2 M rl c oI- 0 o o 0 o o o 0 co r M LU CO I� co Ln O L Ln r r M 0 0 LD N — O p N Q o g N C >_ c�oc°'oLornI�I�N�oNIo LC) M CO N O) LC) V I� W 00 N N _o CO O O CO) R }g o O CO I— Ln Ln Ln O M N N O) CO co N N CO CO CO M N M t 0 M I— O O) V V O F co m W M M N co NO N N W N N N M N LD NN r W W W 0 1 ; R N O) N N O) W O M LU O It m V O) o O M CO Co 00 O M V o N O V r N N O O O O O CO O O O O I w I— O W N V V O V Cfl m oo h v r N M 0 0 0 0 o) V O O w V V O M N u) cc M c1l O N N N 0 0 0 0 0 0 0 0 0 OI O pO N foo � V f0 N O O O O O O co O 0 01 oo oo O O M a cc N Co co V cc N O Oo O't oo 't 0 0 01 oo o O O V o) V 00 cc fV c o) LD 00 N N 11 N r N o O OO co oo f� co °)o coi v v f0 N r m ch ( to N N O O O O O O M O O OSI MLD O Ire o) O 11 V a) N N O N O O oooo 00 O O O O I &1 G O CO O N O) oc M fV co co V V N V N N O O O 0 0 0 O I� o O LV N N O LD O) CO N fV 0 N N N It N co0 N oo oo O o) oo o I 4 O CO CO O) N LO a fV O N co 00 a) M N N 0 0 0 0 0 0 0 0 0COI 00 N O N M w O r fV v ch r' M N CO 0 0 0 0 0 0 O I�IN O P V O fV W V N a) N N $o o������b�vli t- L6 CO V O) N V 1) LU o) m c M O) I-- N V W O) I-- r I— � V O V N O) CO O) CO Co Co O N N N U E N r Q C C� O m N X m U W LL CD o r o Q' co) co _ o �!5wo �3 7 m o o 0 R (ap0 R N Z E — 45 'U N r -- -o o1�N ° C) d' U 0- �3 Z C M rl W N U 0 U) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0'CO-No 'CO-No0 0 N N N N N N N N N N N N N N N O N N N N N N N N N N N N N N N c Q M O N O N- MI -t 0 N O � � ti O� O h co N N 0 0 0 a0 N m I` O M O) O O O M M 00 O M ! rl�j M N M a0 I` N N Lf) m r N Q N ti N- N I, - f0N M 0 1` N O � M � 0N N M 0 r 0 O I,- Lf) Lf) 0 0) O M O le 00 Lf) O -e U ql M Uf) N M- Lf) O ti 00 �ll* ti H M a0 M 0 O N Lf) M Lf) M - M 00 M a0 0 1` N N N - T- O O 00 T- N N r N I'* N r O Lf) O O O- O I,- Lf) N M O M Lf) � Cl) o M N o0 N N f- Lf) N a0 N Lf) O D co Ln O co M O I- N- N (D v N O) 00 CO T" C4 O N Lf) O O N o0 O N N M I` O N O N Lf) I- O I- O Uf) O Ln O Uf) O) Ln Lf) N N I- O Lf) 00 Lf) O M M Lf) 0 M M O I'- M M M LD M 00 (D(D N o O MM (O M U) 0) 00 - (D Lf) O (D O O I,- Nqqt I,- M O O I- O M 00 � O) r%,:, 00 NI - M M� O Lf) M N N O h N M- I- LO Lf) O M M O O I` qqt q -t O I` 00 Lf) O N N M (CO) (D M I- (D O O fD O) M I` 00 N O O 00 N o M (O f0 Lf) (O qt O O ti O Lf) M ti O co O O 00 O O 1` a0 a0 r Lf) � 04 N O) qq N Lf) qq O) 00 O) C6 1` O) C 00 - O Uf) Uf) M N o0 ti - 1` M- N M M- Lf) N N I- co N M M Lf) 00 Oqqt N M Mqqt O) O O le N Lf) 00-e T o O 00 O O O M (O N S M 00 - (O O 00 O O U) U) 0 - I- M O O) (D 00 I- � (D C4 N I` O M I` N D N Lf) O V 00 I -- -O (C) 00 qqt qqt Lf) O) O Ln 00 - Ln M N Lf) 00 O O 00 N M O (O 00 M Lf) O Lf) (O O I� Lf) O N Lf) N a0 Lf) 00 a0 a0 O N LC O O N N O o0 O M Lf) O O M O) M N I` O Lf) O M 00 - O 00 N 00 O Uf) I- N Uf) a0 O 00 M O) O M M N ti O Lf) I%- 0 O U a) o a) d U O 0yy a) °c) N W a) .� C U) i ° o O c O a) a U c ayi E -tea a`) 0 a = cu d W h a) a) CUO a°) °��'� La a) .c �E+J c _ U i U a) cn i U) oO LD c p O N N 0 0 "O O O OJUQ'2OQ'()�SzH 0) O "O p a)C)-E 0 c� z Q N U 0 U) East Grand Fire Protection District No. 4 Fire Impact Fee Analysis June 30, 2014 Methodology Calculations of impact fees are typically estimated using a marginal cost or an average cost approach. Use of these approaches depends on the data available and the type of fee being calculated. Each approach establishes the cost of facilities or equipment and allocates the cost by demand units. A "demand unit" is a generic term for a source generating demand for additional capital facilities or equipment. Typically demand units are things such as population growth, spurring demand for new residential or non-residential development, and are calculated using Dwelling Units or Single Family Equivalents (SFE) accordingly. EPS utilized both a marginal cost approach and an average cost (Buy -in) approach for estimating the maximum Fire Impact Fee, as explained below. • Capital Improvement Plan Approach - Based on the anticipated capital needs adopted by the East Grand Fire Protection District Board of Directors, EPS has used these estimates as the adopted community plan that specifically provides capacity to accommodate new growth. This approach requires new development to contribute its share toward new or expanded facilities and equipment. The cost attributed to new growth is distributed over the identified demand units for the forecast time period to produce a cost per demand unit. If the project being evaluated benefits existing residents or development, a proportionate share factor must be accounted for so that the impact fee calculation includes only costs related to new growth. • Buy -in or Recoupment Approach - This is useful for recovering costs for facilities or improvements that exist today with extra capacity or longevity to serve future development. The approach is useful to defray costs for facilities or equipment that have already been built or purchased and will be used by both existing and future residents and businesses. In this case, future users are "buying in" to an existing system or piece of equipment and paying their fair share of the cost. The original cost of the facility or equipment is typically used as the base cost, which is then divided by the total demand units served (accounting for the proportional difference between existing and new) to produce a cost per demand unit and to calculate the proportionate share of the improvement related to new growth. Economic & Planning Systems, Inc. 15 Final Report 4. FEE PROGRAM This chapter provides details relevant to the calibration of the proposed impact fee, its purpose, the associated capital needs over the planning horizon, and an explanation of how the fee was developed. Capital Costs East Grand Fire Protection District's identified top -tier capital needs are summarized in Table 7. While the list reflects current anticipated costs, additional needs may be identified in the future and accounted for in future impact fee analyses. Potential revenue from sales of older engines is estimated at a conservative 10 percent of purchase cost. The sales revenue is used to offset the total cost of engine acquisition as shown in the 'Adjusted Cost" column of Table 7. Table 7 East Grand Fire Protection District Capital Needs Budget, 2013-2030 Description Sales Cost Revenue* 10% Adjusted Cost Engines to be Acquired Rescue Engine $600,000 $60,000 $540,000 Wildfire Engine $90,000 $9,000 $81,000 Quint/Engine $750,000 $75,000 $675,000 Support $600,000 $60,000 $540,000 Water Tender $350,000 $35,000 $315,000 Water Tender $350,000 $35,000 $315,000 Total Engine Capital Needs $2,740,000 $274,000 $2,466,000 Station Construction $1,200,000 Source: East Grand Fire Protection District No. 4; Economic & Panning Systems *Note: Sales revenue for older engines being replaced is estimated at 10 percent of current price, based on past sales of engines. H:\143022 -East Grand Fire Impact Fee Study\M odels\[143022-Fees.xls]Fire Capital Costs The proposed fee is calculated using both the Buy -in approach (Engine and Vehicle replacement Capital Needs) and the Capital Improvement Plan approach (Station Construction), as appropriate. Economic & Planning Systems, Inc. 16 143022 -Final Rpt 071014.docx East Grand Fire Protection District No. 4 Fire Impact Fee Analysis June 30, 2014 Engine Capital Replacement Costs The proportion of the required replacement engines and other vehicles (capital goods with lifespans greater than five years) attributable to new development over the next 17 years is estimated using the Buy -in approach in Table 8, and is based on the proportion of new demand units within the District upon full build out of the 17 -year planning horizon development projections. Approximately 4,200 of 12,600 projected residential and non-residential demand units in the District in 2030 will be from new development anticipated between 2013 and 2030, accounting for a 33 percent share. The District's 2013 to 2030 budget for capital goods replacement is $2,466,000 as seen previously in Table 7. Thus, the 33 percent share attributable to new development during this impact fee cycle is $816,000. Table 8 Engines and Other Vehicles Acquisition - Share for New Development Source: Economic & Planning Systems H:\143022 -East Grand Fire Irrpact Fee Study\ Models\[ 143022-Fees.x Is] Buy In Station Construction Capital Costs East Grand Fire Protection District No. 4 currently has three established stations, the main Headquarters Station at 77601 U.S. Highway 40 between Winter Park and Fraser, the Tabernash Station, and the 6,000 square foot Red Dirt Station in the northern part of the District, which is owned and jointly operated by East Grand Fire Protection District No. 4 and Grand Fire Protection District No. 1. The proposed fire impact fee is intended to help recover the costs from establishing a new fire station in the southern end of the District in order for the District to continue to provide adequate fire service as new growth occurs over the course of the planning horizon. It is important to note that the District operates in a unified manner and that the staff and engine capacity from the three current stations and the one planned station are available and used to address needs throughout the District. Costs of establishing the new South Station include construction and basic equipment necessary to operate the station. Costs for engines and land are not included, as engines and other vehicles will be re -allocated from existing stations and land may be available at little or no cost. Total expected costs of construction and equipment for the new station are $1.2 million and can be attributed to the effects of new development over the next 17 years. Economic & Planning Systems, Inc. 17 Final Report 2013 2030 New Development 2013-2030 Share % of Total Residential (Dwelling Units) Non -Residential (SFEs) Total Demand Units 6,908 1,521 8,429 10,406 2,196 12,601 3,498 674 4,172 33% 17 Year Capital Costs (2013-2030) $2,466,000 $816,000 33% Source: Economic & Planning Systems H:\143022 -East Grand Fire Irrpact Fee Study\ Models\[ 143022-Fees.x Is] Buy In Station Construction Capital Costs East Grand Fire Protection District No. 4 currently has three established stations, the main Headquarters Station at 77601 U.S. Highway 40 between Winter Park and Fraser, the Tabernash Station, and the 6,000 square foot Red Dirt Station in the northern part of the District, which is owned and jointly operated by East Grand Fire Protection District No. 4 and Grand Fire Protection District No. 1. The proposed fire impact fee is intended to help recover the costs from establishing a new fire station in the southern end of the District in order for the District to continue to provide adequate fire service as new growth occurs over the course of the planning horizon. It is important to note that the District operates in a unified manner and that the staff and engine capacity from the three current stations and the one planned station are available and used to address needs throughout the District. Costs of establishing the new South Station include construction and basic equipment necessary to operate the station. Costs for engines and land are not included, as engines and other vehicles will be re -allocated from existing stations and land may be available at little or no cost. Total expected costs of construction and equipment for the new station are $1.2 million and can be attributed to the effects of new development over the next 17 years. Economic & Planning Systems, Inc. 17 Final Report East Grand Fire Protection District No. 4 Fire Impact Fee Analysis June 30, 2014 Accounting for vehicle replacement costs and new station construction, the total capital costs estimated for the East Grand Fire Protection District to accommodate new growth from 2013 to 2030 are just over $2 million (Table 9). Table 9 Capital Costs Attributable to New Development, 2013-2030 Description Total Engine and Vehicle Capital Needs Station Construction Total Capital Needs Cost $816,000 $1,200,000 $2,016,000 Source: East Grand Fire Protection District No. 4; Economic & Planning Systems H:\143022 -East Grand Fire Impact Fee Study\M o dels\[ 143022-Fees.xls] Capital Costs -New Development Apportionment of Costs and Fee Estimate As previously detailed in Section 3 and summarized in Table 10, the development assumptions for the District over the 17 -year planning horizon are as follows: • The District is anticipated to add 3,500 new residential units over the 17 -year planning horizon, from 2013 to 2030, based on estimated average annual growth of 2.4 percent. • In addition, 1.2 million square feet of non-residential space is expected from 2013 to 2030, an annual average of 71,000 square feet, based on 2.2 percent average annual growth projections over the planning horizon. Table 10 Development Assumptions Summary Description Factor 2013 2030 Change 2013-2030 Total Ann. # Ann. % Residential Units 6,908 10,406 3,498 206 2.4% Non -Residential (Sq. Ft.) 2,738,411 3,952,151 1,213,741 71,397 2.2% Commercial 1,042,087 1,503,969 461,882 27,170 2.2% Industrial 594,395 857,848 263,453 15,497 2.2% Lodging 1,101,929 1,590,335 488,406 28,730 2.2% Non -Residential (SFE) [1] 1,800 1,521 2,196 674 40 2.2% Source: Economic & Planning Systems [1] Single Family Equivalents (SFE) for Non -Residential space are based on an average of 1,800 square feet per commercial unit. H:\143022 -East Grand Fire Impact Fee Study\M odels\[143022-Fees.x Is] Assumptions Economic & Planning Systems, Inc. 18 Final Report East Grand Fire Protection District No. 4 Fire Impact Fee Analysis June 30, 2014 Converting the non-residential development square footage into Single Family Equivalents (SFE) using the District's customary and historic conversion factor6 (1,800 square feet/SFE), EPS calculates 674 SFEs of net new non-residential development. Using this factor, there are 4,172 total demand units (Dwelling Units and Single Family Equivalents), as shown in Table 11. Dividing the 17 -year Capital Costs Budget for the District from Table 9 by the 4,172 combined demand units yields a fee of $483 for each new dwelling unit or SFE. Dividing this amount by the 1,800 square feet/SFE conversion factor equates to a non-residential fee of $0.268 per square foot, or $268 per 1,000 square feet of non-residential development. Table 11 Fire Impact Fees Description Factor Amount Proposed Capital Facilities Engines and Vehicles $816,000 Station Construction $1,200,000 Total Long-term Capital Costs $2,016,000 Total Forecasted Development Residential (DU) 3,498 Non -Residential (Sq. Ft.) 1,213,741 Non -Residential (Single Family Equivalents) (SFE) 1,800 Sq. Ft./SFE 674 4,172 Total DU/SFE Fee Calculations Capital Costs Budget $2,016,000 Total DU/SFE 4,172 Fee per DU/SFE $483 SFE Conversion to $/Sq. Ft. 1,800 Sq. Ft./SFE $0.268 2014-2018 Impact Fees Fee per Residential Dwelling Unit 3,498 $483 Fee per 1,000 Sq. Ft. of Non -Residential Development 1,000 $268 Source: East Grand Fire Protection District No. 4; Economic & [1] Single Family Equivalents (SFE) for Non -Residential space are based on an average of 1,800 square feet per commercial unit. H:\143022 -East Grand Fire Impact Fee Study\M odels\[143022-Fees.xls]Fire Impact Fee Detail 6 The average dwelling unit size of 1,800 square feet is based on historical calculations and was factored into the original methodology used to establish the impact fee by East Grand Fire Protection District No. 4. It reflects the quantified square footage of a typical dwelling unit provided previously. Economic & Planning Systems, Inc. 19 Final Report TOWN OF FRASER ORDINANCE NO. 276 AN ORDINANCE AMENDING THE FRASER TOWN CODE BY ADOPTING PROCEDURES FOR IMPOSITION OF EMERGENCY SERVICE IMPACT FEES FOR LAND DEVELOPMENT ACTIVITIES THAT GENERATE AN INCREASED NEED FOR ADDITIONAL EMERGENCY SERVICES, ADOPTING A SCHEDULE OF EMERGENCY SERVICES IMPACT FEES, AMENDING THE BUILDING REGULATIONS TO PROVIDE FOR THE COLLECTION OF SUCH FEES, AND APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE EMERGENCY SERVICES PROVIDER. WHEREAS, Town of Fraser ("Fraser") is a statutory municipality and political subdivision of the State of Colorado operating pursuant to Title 31, C.R.S; and WHEREAS, Fraser is experiencing high rates of population growth, increased population density and increased demand for emergency services as a result of land development within Fraser; and WHEREAS, the construction of new developments within Fraser is placing significant additional demands on emergency services; and WHEREAS, the volume and pace of land development in Fraser threatens the provision of adequate emergency services by many emergency service providers; and WHEREAS, the demand for emergency service is immediate upon development of residential and commercial growth even though Fraser's funding from tax revenues accrues well after the demand for services exists; and WHEREAS, the Board of Trustees finds and determines that one of the primary roles of development review is to ensure essential public services and facilities, and that in order to promote and protect the convenience, order, prosperity and welfare of present and future inhabitants of Fraser, a rational system for identifying growth -related costs incurred by emergency service providers in providing new and expanded emergency services made necessary by expanded population and economic activity levels is necessary, and a fee structure therefore directly related to such costs and method for collection of such fees, should be adopted; and WHEREAS, the adoption of a requirement that builders of residential, commercial and industrial developments pay emergency service impact fees as established herein will ensure that development bears a roughly proportional share of the cost of providing new and enhanced emergency services necessary to accommodate such new development; and 2M-02-20-OW-n-ne.wo WHEREAS, the Local Government Land Use Control Enabling Act of 1974, Sections 29- 20-101 et seq., C.R.S.; Article 23 of Title 31, and other applicable law grant broad authority to Fraser to plan for and regulate the development of land on the basis of the impacts thereof on the community and surrounding areas; and WHEREAS, Sections 29-1-801 et seq., C.R.S., concerning land development charges, recognize that local governments may collect charges imposed on land development as a condition of the approval of development, if such charges relate to an expenditure for an improvement, facility, or piece of equipment necessitated by land development that is directly related to a local governmental service; and WHEREAS, the Local Government Land Use Control Enabling Act of 1974 authorizes and encourages local governments to cooperate or contract with other units of government for the purpose of regulating the development of land and the impacts thereof, and WHEREAS, Fraser is authorized by Colorado constitutional and statutory authority and case law to regulate the development and use of land, and impose mitigation measures, including impact fees, upon proponents of land development activities if impacts related to the service demands created by the development are not adequately mitigated; and WHEREAS, Fraser's authority to impose impact fees is conditioned upon criteria that establish the extent of the impact on public services and the fees necessary to mitigate the impact; and WHEREAS, the Board of Trustees finds and determines that the amendments to the Fraser Town Code as contained herein, are necessary and designed for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of Fraser and are consistent with Fraser's goals, policies and plans, including the Town's master plan document; and WHEREAS, the Board of Trustees finds that the legislative action of adopting the provisions set forth in this ordinance is necessary to protect the health, safety and welfare of the Town's residents. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT TO TOWN CODE. The Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code") is hereby amended as follows: 1.1 Chapter 10, "Planning", of the Town Code is amended by adding a new Article 10-9 to said Code entitled "Emergency Services Impact Fees", which shall read as follows: —2— M-as-M--ora-ane.%* ARTICLE 10-9 EMERGENCY SERVICES Il"ACT FEES Section 10-9-1. Purpose. (1) The purpose of this Article is to: (a) Provide a rational system for identifying and mitigating growth -related costs associated with growth and development and the expansion of emergency services and facilities made necessary by land development activities, a growing population and economic activity levels. (b) Ensure that the impact fees established by this Article are based on, and do not exceed, the cost of providing additional Capital Improvements necessitated by new development. (c) Regulate the use and development of land to ensure that new development bears a roughly proportionate share of the cost of capital expenditures necessary to provide adequate emergency services within Fraser. (d) Assure that the system of impact fees implemented in this Article is linked to a Capital Improvements program designed to provide the facilities and equipment for which the impact fees are imposed. Section 10-9-2. Definitions. (1) Capital improvement: (a) Includes: (i) Fire protection or emergency medical, rescue and ambulance service planning, preliminary architectural and engineering services, architectural and engineering design studies, land surveys, land acquisition, site improvements and off-site improvements associated with new or expanded facilities used for fire protection or emergency medical, rescue and ambulance service; (ii) Construction of buildings and facilities used for fire protection or emergency medical, rescue and ambulance services; (iii) Purchase of fire suppression or emergency medical, rescue and ambulance apparatus and equipment, including communications -3- woz o2-zo ora-��.�a equipment, with an average useful life of at least five years, necessary to adequately protect and defend new development and its inhabitants. (b) Excludes periodic or routine maintenance of facilities and equipment, personnel costs or operational expenses. (2) Developer: A person or entity that commences a Land Development Activity Requiring Additional Emergency Services and Development Approval. (3) Development Approval: The approval of any building permit for a Land Development Activity Requiring Additional Emergency Services following the effective date of this Article, for which an Impact Fee has not been previously paid. (4) Impact Fee: A fee for fire protection or emergency medical, rescue and ambulance service established by Section 10-9-4 or 10-9-5 of this Article. (5) Emergency Services Provider: A governmental entity providing public fire protection, emergency medical, rescue and ambulance services or any combination of such services. (6) Fire Protection: The prevention and extinguishment of fire, protection of life and property from fire, and enforcement of municipal, county, district, and state fire prevention codes. (7) Fiscal Impact Fee Study A study prepared by an outside engineer or consultant that mathematically calculates the fiscal impact of future demand for services on existing facilities of the applicable Emergency Service Provider, as approved by ordinance or resolution of the Board of Trustees. (8) Land Development Activi1y Requiring Additional Emergency Services: Any activity requiring a Development Approval that requires additional Capital Improvements as identified in the Fiscal Impact Study. When a change of use, redevelopment or modification of an existing use requires Development Approval, the Impact Fee shall be based upon the net increase in the Impact Fee for the new use as compared to the previous use. Section 10-9-3. Imposition of Impact Fees. (1) Any Developer who seeks a Development Approval for a Land Development Activity Requiring Additional Emergency Services, who has not already dedicated land to defer anticipated impacts of the proposed development, must pay an impact Fee in the manner and amount set forth in this Article. —4— 2M-a-20-W-n.ne.,.Pa Section 10-94. Impact Fee Amount. (1) The amount of any Impact Fee to be charged shall be set and revised from time to time by ordinance of the Board of Trustees, based on a Fiscal Impact Fee Study to be conducted by the applicable Emergency Services Provider. (2) Pursuant to the East Grand Fire Protection Study of Fiscal Impact, prepared November 2000 by Rocky Mountain Group, the Impact Fees and formulas are as follows: Residential Impact Fee: Present cost of future expenditures: $3,914,9611 Multiplied by the share attributed to new growth: 54%1 Equals the net cost (allocation) to new growth: $2,114,079 Minus the new present value of payments toward debt service for new capital expenses: $ 100.0001 Equals new growth's share of net capital costs: $2,014,079 Divided by expected residential units of new growth: 7,8001 Plus commercial square footage converted to "Residential Equivalent Units2" : 125 7.925 Equals the Impact Fee $254 Commercial Impact Fee: The impact fee for commercial development is determined by dividing the total square footage of a proposed development by 1,8002 and then multiplying by $254. [proposed building square footage / Fee] 1800 x $254 = Commercial Impact Hotel/Motel Impact Fee: According to the Fiscal Impact Study, land uses with higher densities have and increased impact on fire protection service providers. The Fiscal Impact Study estimates that the fiscal impact on fire protection for an average hotel/motel unit is 2.5 times the impact on the average residential unit. The amount of the hotel/motel Impact Fee shall be calculated as follows: [proposed square footage/1800 x $254 x 2.5 = Hotel/Motel Impact Fee] 'Determined in the Fiscal Impact Study —5— 2=-02-20-ora-n-ne.wN 2A Residential Equivalent Unit is arrived at by dividing the total projected commercial square footage by the average residential unit size which in the study was determined to be 1,800 square feet. Section 10-9-5. Alternative Calculation Study. (1) In lieu of computation of the Impact Fee in accordance with the schedule adopted pursuant to Section 10-9-4 above, the Developer may prepare and submit, to the applicable Emergency Service Provider for review and recommendation to Fraser, a site-specific fiscal impact and Impact Fee calculation study for the Development Approval requested. The site-specific fiscal impact and Impact Fee calculation study shall follow the prescribed methodologies and formats established by the applicable Emergency Service Provider. The fiscal impact fee study submitted shall show the basis upon which the site-specific Impact Fee calculation was made, and such calculation shall reflect the same level of service and standards contemplated by the Fiscal Impact Fee Study. The site-specific fiscal impact and Impact Fee calculation study shall be prepared and presented by professionals qualified in their respective fields. The Fraser Town Manager or his designee shall consider the documentation submitted by the Developer and recommendation of the Emergency Service Provider, but is not required to accept such documentation or recommendation. If the Fraser Town Manager or his designee determines that an acceptable site-specific fiscal impact and Impact Fee calculation study has not been presented, the Developer shall pay the Impact Fee based upon the schedule adopted pursuant to Section 10-9-4 above. Determinations made by the Fraser Town Manager or his designee pursuant to this paragraph may be appealed to the Board of Trustees by filing a written request with the Town Clerk within ten (10) days of the determination by the Fraser Town Manager or his designee. Following the submittal of such request, the Board of Trustees shall hold a public hearing to determine the amount of the Impact Fee that shall be paid prior to the Development Approval. Section 10-9-6. Time for Payment of Impact Fee. (1) A Developer requesting approval of a Land Development Activity Requiring Additional Emergency Services shall pay the Impact Fee prior to any issuance of a building permit by the Town. Section 10-9-7. Use of Impact Fees. (1) All Impact Fees collected pursuant to this Article shall, within sixty days following payment to Fraser, be transferred to the applicable Emergency Service Provider for which the Impact Fee was established by the ordinance adopted pursuant to Section 10-9-4 above. The payment of such Impact Fee shall represent an expenditure by -6- zoos-oz-zoom-dne.%W the Town for assisting in the provision of fire protection services to new development within the Town. (2) All Impact Fees collected pursuant to this Article shall be deposited by the applicable Emergency Service Provider, in an interest-bearing account which clearly identifies the category, account, or fund of capital expenditure for which such charge was imposed. Each such category, account, or fund shall be accounted for separately. The Emergency Service Provider shall determine whether the accounting requirement shall be by category, account, or fund and by aggregate or individual land development. Any interest or other income earned on moneys deposited in said interest-bearing account shall be credited to the account. (3) Impact Fees shall be used exclusively for Capital Improvements. (4) No Impact Fees shall be used for periodic or routine maintenance, personnel costs, or operational expenses. (5) In the event bonds or similar debt instruments are used to fund Capital Improvements prior to collecting the necessary Impact Fees, once collected, Impact Fees may be used to pay debt service on such bonds or similar debt instruments. (6) Fraser may enter into an intergovernmental agreement with the applicable Emergency Service Providers regarding the method of collection and administration of the Impact Fee program. Section 10-9-8. Credit for Improvements. (1) Upon approval by the Board of Trustees, the applicable Emergency Service Provider shall calculate the amount of any credit that shall be granted to any Developer for the amounts due or to become due for Capital Improvements installed, purchased, and paid for by such Developer when such Capital Improvements offset the need or amount of the Impact Fee that would otherwise be required. Section 10-9-9. Unpaid Impact Fees. (1) The Board of Trustees reserves the right to withhold or revoke any permits, certificates, or other approvals for any land or building for which the payment of Impact Fees is delinquent. Section 10-9-10. Adjustment and Review of Impact Fees. (1) The amount of the Impact Fee shall be reviewed and adjusted as follows: -7- 2=-02-20-ora-b-ne.wo (a) The Impact Fee shall be adjusted annually for inflation, effective January 15 of each year. The adjustment shall be based upon the percentage change in the United States Bureau of Labor Statistics Consumer Price Index for Denver -Boulder, all items, all urban consumers, or its successor index, or an equivalent index applicable to Fraser. (b) The Board of Trustees shall, annually, in conjunction with the presentation of Fraser's proposed budget, recommend any further adjustments to the Impact Fee, following consultation with the applicable Emergency Service Provider. (c) No less frequently than every five years, the applicable Emergency Service Provider shall provide an updated Fiscal Impact Fee Study. Section 10-9-11. Application. (1) The requirements of this Article shall apply only within the jurisdiction and boundaries of an Emergency Service Provider for which an ordinance setting an Impact Fee has been adopted pursuant to Section 10-9-4, above. Only applicants who submit applications for development fees after adoption of the Impact Fee will be assessed such fee. Section 10-9-12. Judicial Review. (1) The Developer may seek a declaratory judgement to determine whether the Impact Fee assessed complies with state law requirements for the imposition of impact fees. The Board of Trustees shall allow the Developer, upon payment of the Impact Fee, to proceed with development of his or her property pursuant to the Development Approval while the court reviews the validity of the Impact Fee. 1.2 Chapter 12, "Building Regulations", Article 4-19, "Building Code", Section 4-1-5, "Fee Schedules", of the Town Code is hereby amended by the addition of a new Subsection (3), which shall read as follows: Section 4-1-5. Fee Schedules. (1)-(2) [No change] (3) No application for a building permit shall be approved or building permit issued until payment of the emergency services impact fee described in Article 10-9 of the Code of the Town of Fraser, has been made. —8— 2002-02-20-Ord-b-ne.m* PART 2: APPROVAL OF INTERGOVERNMENTAL AGREEMENT. The Board of Trustees hereby approves than certain Intergovernmental Agreement between the Town of Fraser and East Grand Fire Protection District No. 4, as the Emergency Services Provider for which the Impact Fee provided in this Ordinance is established, in the form and content presented to the Board. The Mayor (or Mayor Pro -tem) and the Town Clerk are authorized to execute said Agreement on behalf of the Town. PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS c;Z DAY OF 2002. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: _� �N OF RR TOWN OF FRASER, CO ORADO Votes abstained: � BY: 4L4A4Z'a' -'� - SEALAp Dennis Soles, Mayor ATTEST (SEAL) Ciott O AD0 Molly M dless, Town Clerk Published in the Winter Park Manifest on 0 oZ-7 DoZ -9- 2002-02-20-Ord-b-ne.vpd TOWN OF FRASER ORDEKANCE NO. 309 Series 2005 AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10-9, SUBSECTION 10-9-4(2) OF THE CODE OF THE TOWN OF FRASER BY ADOPTING UPDATED EMERGENCY SERVICES IMPACT FEES FOR LAND DEVELOPMENT ACTIVITY REQUIRING ADDITIONAL EMERGENCY SERVICES NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT OF TOWN CODE. Chapter 10, Article 10-9, Subsection 10-9- 4(2) of the Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code") is hereby amended in its entirety to read as follows: Section 10-9-4. Impact Fee Amount. (1) [No Change] (2) Pursuant to the East Grand Fire Protection Study of Fiscal Impact, prepared December 2004 by Rocky Mountain Group, the Impact Fees and formulas are as follows: Residential Impact Fee: Present cost of future expenditures at 6% Rate: $4,542, 6681 Multiplied by the share attributed to new growth: 36%1 Equals the net cost (allocation) to new growth: $1,635,360 Minus the net present value of payments toward debt service for new capital expenses: $ 100,0001 Equals new growth's share of net capital costs: $1,535,360 Divided by expected residential units of new growth: 3,2701 Plus commercial square footage converted to "Residential Equivalent Units"2: 114 Equals the Impact Fee: $454 Commercial Impact Fee: The impact fee for commercial development is determined by dividing the total square footage of a proposed development by 1,8002 and then multiplying by $454. [proposed building square footage / 1800 x $454 = Commercial Impact Fee] Hotel/Motel Impact Fee: According to the Fiscal Impact Study, land uses with higher densities have and increased impact on fire protection service providers. The Fiscal Impact Study estimates that the fiscal impact on fire protection for an average hotel/motel unit is 2.5 times the impact on the average residential unit. The amount of the hotel/motel Impact Fee shall be calculated as follows: [proposed square footage/ 1800 x $454 x 2.5 = Hotel/ Motel Impact Feel 'Determined in the Fiscal Impact Study 2 A Residential Equivalent Unit is arrived at by dividing the total projected commercial square footage by the average residential unit size which in the study was determined to be 1,800 square feet. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING AND SIGNED THIS 4th day of May, 2005. Votes in favor: -5- BOARD OF TRUSTEES OF THE Votes opposed: -0- TOWN,9F FRASER, COLORADO Votes abstained: -0- OF F9gc>> Patrick M. Howlett, Mayor SEAL ATTEST: LOR Molly n andless, CMC, Town Clerk Published in the Winter Park Manifest on May 11, 2005. ,_ � a � .� x �'w � �.t• js r -tea, � � M ;; � r i a } �� 7 s � u ' � ?r 7 L, l } y' NARRATIVE It has been three and one half years since the previous update for East Grand County Fre Protection District's fiscal impact study. A little over $148,800 in impact fees has been collected by the district since the initial study. These updates are part of the integral process and direction set forth in the district's Strategic Master Plan. Periodic updates to the master plan and fiscal impact study are adjustments to insure that the district's needs and requirements for staffing and equipment are kept current with the actual situation demands. The purpose and design of this update is to continue with and maintain the integrity and methodology of the original Fiscal Impact Study by following. the same proportionate share and Rational Nexus Theory. The updated development schedule for the district continues to change with additions, deletions and completions. The projected development as listed in this update contains units that have not been built, from the prior study, accompanied by new units in the district. The projected units total 3,270. At an estimated population of 2.37 people per household, these added units will increase the district population by 6,833 people (see Proposed Development" for breakdown of seasonally -occupied and year-round dwellings). Because East Grand County Fre Protection District geographically encompasses the towns of Winter Park, Fraser and rural Grand County, it is difficult to accurately determine an exact population. After communicating with the planning departments in all three entities and interpolating the figkires provided, this study's best estimate of the current 2004 population is 12,200 people residing in the fire district. The additional new units projected from 2004 — 2009 will provide an increase in population of slightly over 56% or approximately 10% per year. This increase will mean that 36% of the total population in 2009 will be attributed to new growth. The apportionment of the new capital equipment and the expenses required to accommodate this new growth will coincide with the projection of 36% of the new population. The East Grand County Fre Protection District has continued to be one of the preeminent leaders for fire districts and emergency service providers in Colorado. The staff and Board of Directors have managed to maintain the critical balance between volunteer and paid members. This balance has been maintained through an excellent state of the art training program, education and the leadership by the Chief and officers. It is also noted that EGCFPD was the first fire district in Grand County to perform a fiscal impact study and collect impact fees and therefore led the way for other county fire districts to accomplish the same action. Although this update is three and a half years after the initial fiscal impact study, it is quite obvious that a revised look was necessary for the economic health of the district to continue to plan and provide safety and service for new growth as well as existing residents. FIVE YEAR PROPOSED DEVELOPMENT Residential Development Units Winter Park Iron Wood Camp/Trail Head Lodge/River Walk 96 Lakota 150 River Walk/Ski Idlewild/VZF 125 Village Center/Red Quill 30 Winter Park Village PUD — Base Development 500 Vasquez Village/Bear Crossing 56 Slopeside 14 Trademark 6 Winter Glen 16 Lodges at Jane Creek 20 Leland Creek Subdivision 36 Bridger's Cache 6 Platted un -built lots 50 Platted un -build MF units 600 Total 1,705 Fraser Former Maryvale/Rendezvous/Comerstone 1,000 Elk Creek Village Phase 2 15 Upper/Lower Ptarmigan — almost build out 15 Platted un -build lots in original town 22 Total 1,050 Grand County Tabernash Meadows 200 Meadows Edge/Moose Run 30 Pole Creek Ranch/The Valley at Winter Park 30 Spruce Ridge 20 Stagecoach Meadows 30 Waterside West 50 Elk Court Townhomes 10 Cabins at Porcupine Ridge 20 Fairways at Pole Creek 75 Red Hawk Ranch 50 Total 515 Commercial Winter Park Winter Park ViIlage/Intrawest 42,000 SF Total 42,000 SF Fraser Cornerstone 50,000 SF Safeway Marketplace 15,000 SF Total 65,000 SF Grand County Devil's Thumb Ranch Hotel 55 units Total 55 units The above information was supplied by East Grand County Fire Protection District and interviews with private developers, the staff of Grand County Planning Department as well as the planning departments of Fraser and Winter Park. There are a total of 3,270 projected residential units to be built over the next five years. This study estimates annual construction of between 600 and 700 units within EGCFPD over the next five years. The five-year proposed developments include both year-round and seasonally - occupied dwelling units. From these figures we can determine an approximate future population. Seasonally -occupied dwellings will be projected at the national standard of one resident per unit. 725 of these proposed seasonally - occupied units will calculate to 725 new residents. The occupancy rate of 2.37 will be projected for year-round dwelling units. The remaining 2,545 units at this rate equates to 6,108 new residents. For the 3,270 proposed developments, this represents population growth of approximately 6,833 new residents over the next five years. When combined with the current population of approximately 12,200 residents, EGCFPD could have a constituency of over 19,083 residents by the end of 2009. New residents in 2009 will equate to 36% of the total population of the fire district. Future Capital Expenditures Capital Improvements Specific capital improvements are necessary to support the projected growth in East Grand County Fre Protection District. In this section we will address the needed capital improvements and the allocation by cost of these improvements designated for the projected growth in the district for the next five years (through year 2009). Capital Expenditures Total Cost South Fire Station Four Bay Station/Six Apartments (io,000 sF c $ins SF) Outfitting of New Station Portion Allocated to New Growth $1,750,000 $50,000 Red Dirt/North Joint Use Station (Grand Fire Protection District) Four Bay Station/Six Apartments $300,000 Outfitting of New Station $25,000 Tabernash Station Upgrade Four Additional Apartments $360,000 Vehicle Purchases Upgraded Quint/Engine $500,000 $100,000 Upgraded Quint/Engine $500,000 $200,000 New Water Tender%Type 4 Engine $250,000 New Water Tender/Type 4 Engine $250,000 Upgraded Water Tender%Type 4 Engine $250,000 $100,000 Upgraded Support Services $400,000 $250,000 Upgraded Aerial Platform $1,000,000 $2001000 Infrared Camera $12,000 Fiscal Impact Study $34000 Total $30,850,000 The above capital projects are all or in part required for new growth. The cost from these projects allocated to new growth is $3,850,000. The projected growth is best forecasted to occur evenly over the next five years at a rate of 20% per year. The $3,850,000 portion of capital expenditures allocated to new growth annualized is $770,000. IMPACT FEE CALCULATION (Amended December 2004) Preliminary Impact Fee Calculation As previously discussed, new growth is allocated 36% of the capacity of the new facilities and equipment. The "Proportionate Share Methodology" requires that all costs and revenues be reduced to present value. Credit will be given for annual taxes paid by new - growth. $770,000 is the future capital expenditures annualized. The present cost of this revenue stream, using a 6% discount rate over a five-year period, is $4,542,668. This cost is used to set the cost side of the Proportionate Share Formula. Fiscal Impact Fee Calculation Using calculations derived thus far, specific allocations are as follows: Present Cost of Future Capital Expenditures at 6% Rate Multiplied by: The Share of New Growth Equals: Net Cost (Allocation) To New Growth Less: Net Present Value of Payments toward Debt Service for New Capital Expenses Equals: New growth's share of net capital costs Divided By: Residential Units of New Growth Plus: Commercial Square Footage Converted to "Residential Equivalent Units" *** Total $4,542,668 36% $1,635,360 $100,000(-) $1,535,360 ** 3,270 +(EST)114 3,384 Equals: Justifiable Impact Fee Derived from a Rational Nexus and a Reasonable Relationship $454 * This Figure can also to termed, "Credit for Capital Taxes to Be Paid". This figure Is the present value of the tax paid by new growth for capital Improvements throughout the five-year study period. This amount Is a credit to the developer and avoids the issue of the new unit paying twice for the same item - once as an impact fee, and again as a property tax. ** This figure can also be termed "Net Capital Cost subject To Impact Fee" *** Dividing the total projected commercial square footage by the average residential unit size derives a "Residential Equivalent Unit". This study recommends that an Impact fee of $454 per unit be applied for each new housing unit. This impact fee will compensate EGCFPD for new capital costs related to new growth in a fair and equitable manner. Impact Fees for Commercial Development The average residential unit size for EGCFPD as projected by the developers is 1,800 square feet. Using 1,800 square feet as one "residential equivalent unit" with an impact fee of $454, we recommend the fees for all commercial property with the exception of hotel/motel will be calculated by dividing the square footage by 1,800 and multiplying by $454. Example: Retail store of 6,000 square feet divided by 1,800 = 3.33 x $454 = $1,512 Impact fee. Hotel/Motel Impact fees It is apparent from examining fire department and EMS responses of different land use types that land uses with higher densities have more incidents requiring fire department responses than land uses with lower population densities. Hotels/motels demand the highest per square foot response. Conservatively, this factor is 2.5 times the residential equivalency. Hotel/motel fees are calculated by dividing the total square footage by 1,800, then multiplying by $454, then multiplying by 2.5. E Market Profile E Grand County Fire Protection District Supe: 1 2000 Households 2000 Total Population 4,913 2,19 2000 Group Quarters 87 2004 Average Household Sae 2004 Total Population 5,887 2009 Total Population 7,481 2004 - 2009 Annual Rate 4.91% 2000 Households 2,202 2000 Average Household Sae 2,19 2004 Households 2,694 2004 Average Household Sae 2.15 2009 Households 3.496 2009 Average Household Sae 2.11 2004 - 2009 Annual Rate 5.35% 2000 Families 1,195 2000 Average Family Size 2.7 2004 Families 1,439 2004 Average Family Sae 2.65 2009 Families 1,827 2009 Average Family Size 2.61 2004 - 2009 Annual Rate 4.89010 2000 Housing Units 5,280 ®_® Owner Occupied Housing Units 27.2% Renter Occupied Housing Units 14.9% Vacant Housing Units 58.00/0 2004 Housing Units 6,230 Owner Occupied Housing Units 29.6% Renter Occupied Housing Units 13.6% Vacant Housing Units 56.8% 2009 Housing Units 7,722 Owner Occupied Housing Units 30.7010 Renter Occupied Housing Units 14.6% Vacant Housing Units 54.7% Median Household Income 2000 $47,671 2004 $54,353 2009 $63,810 Median Home Value 2000 $194,299 2004 $249,324 2009 $310,477 Per Capita Income 2000 $26,467 2004 $32,511 2009 $42,107 Median Age 2000 36.0 2004 36.7 2009 38.4 Data Note: Household on Includes persarm not reshfIng in = quarters. Average Household Size Is the household popule lon divided total households. Persons In faml0as Ura householder and pmsone retried !n the iausehoMer by bhth. mfhoe. or adoption. Per Capf� Income rapr�atAs the Incoma received by all pmaorm a9� 16 years and over divided bytoial poptdatluxu Detail army rte scan to totals due to rounding. source:11AL Bureau of the camus, 2tt00 German of Populatlon and Houalrg. SSRI BIS forams for 2004 and 2M. @2004ESRIBIS Phmm BW7957483-www.ewibL%.com t1r2=004 Page 1 of 6 t�tne88 Market Profile tMoemation solutlons E Grand County Fire Protection District 2000 Households by Income Household Income Base 2,150 < $15,000 10.30/a $15,000 - $24,999 10.1% $25,000 - $34,999 11.1% $35,000 - $49,999 21.9% $50,000 - $74,999 22.2% $75,000 - $99,999 9.60/0 $100,000 - $149,999 10.0% $150,000 - $199,999 2.4% $200,000+ 2.40A Average Household Income $59,998 2004 Households by Income Household Income Base 2,694 < $15,000 8.6% $15,000 - $24,999 7.7% $25,000 - $34,999 10.1% $35+000 - $49+999 17.3% $50,000 - $74,999 24.2% $75,000 - $99,999 12.5% $100,000 - $149,999 12.4% $150,000 - $199,999 3.3% $200,000+ 3.7% Average Household Income $72,038 2009 Households by Income Household Income Base 3,494 < $15,000 6.8% $15,000 - $24,999 6.5% $25,000 - $34,999 8.4% $35,000 - $49,999 12.9% $50,000 - $74,999 24.5% $75,000 - $99,999 13.1% $100,000 - $149,999 14.1% $150,000 - $199,999 7.3% $200,000+ 6.4% Average Household Income $91,538 2000 Owner Occupied HUs by Value Total 1,439 <$50,000 5.7% $50,000 - 99,999 7.5% $100,000 -149,999 16.1% $150,000 -199,999 23.6% $200,000 - $299,999 23.3% $300,000 - 499,999 17.30/6 $500,000 - 999,99.9 5.4% $1,000,000+ 1.00/0 Average Home Value $244,164 2000 Specified Renter occupy HUs by Contract Rent Total 741 With Cash Rent 96.60/6 No Cash Rent 3.4% Median Rent $637 Average Rent $681 Date Note: hrcome reprasentte Ith Preceding year, expressed In curnad dollars. Household Income Includes wage and salary eaminga, Interest, dividends. net rents, ssl and welHfaarree payments, child support and alimony Specified Rerder Occupied HUs exclude houses on 10+ acres. Average Rent mcdudes units paybtg no Sours: U.S. Bureau of the Census, 2000 Census of Population and Horsing. ESM BIS forecasts for 2004 and 2008. ®2004 ESM BIS Phone: 800-79&7483 - wwwAmibie.eom 11123/2004 Page 2 of 8 ESRI Market Profile E Grand County Fire Protection DMIa Shape: 1 2000 Population by Age 5,886 Total 4,913 )fes 0-4 4.8% 5-9 5.3% 10714 5.20/6 15-24 13.2% 25-34 19.7% 35-44 19.90/0 45-54 17.50/a 65-64 8.7% 65-74 4.2% 75-84 1.3% 85+ 0.2% 18+ 81.4% 2004 Population by Age Total 5,886 0-4 4.7% 5-9 4.6% 10-14 6.1% 15-24 12.3% 25-34 20.3% 35-44 17.7% 45-54 18.3% 55-64 10.3 % 66-74 4.8 /o 76-84 1.6% 85+ 0.2% 18+ 82.6% 2009 Population by Age Total 7,483 0-4 4.5% 5-9 4.0% 10-14 4.5% 15-24 11.60/6 25-34 19.4% 35-44 17.3% 45-64 17.5% 55-64 12.9% 65-74 5.5°/0 75-84 2.40/6 86+ 0.4% 18+ 84.3% 2000 Population by Sex Males 54.4% Females 45.6% 2004 Population by Sex Males 54.20/6 Females 45.8% 2009 Population by Sex Males 53.8% Females 46.2% Source: U.S. Bureau of the Census, 3008 Census of Papula@on and Housing. ESRC Bis fwecaeft for 2804 and 2m. ®2004 ESRI BIS Mom 008.795-7483 - rwrw.esrl ftcmu 11MIM Page 3 018 Market Profile BusWM Information 0 sohmaw E Grand County Fire protection Distrid Shape: 1 2000 Population by Race/Ethnicliy 7,481 -Y Total V 5,888 White Alone 95.6912% Black Alone 0.5% American Indian Alone 0.7% Asian or Pacific Islander Alone 0.90/0 Some Other Race Alone 1.2% Two or More Races 1.2% Hispanic Origin 3.6% Diversity Index 15.0 2004 Population by Race/Ethnk ty 7,481 Total 5,888 White Alone 95.. Bleck Alone . 0.50/0 American Indian Atone 0.70/0 Asian or Pacific Islander Alone 1.0% Some Other Race Alone 1.30/0 Two or More Races 1.3% Hispanic Origin 4.0% Diversity Index 16.5 2009 Population by RaceiEthnlcfty Total 7,481 White Alone 94.8% Black Alone 0.5% American Indian Alone 0.7% Asian or Pacific Islander Alone 1.2% Some Other Race Alone 1.5% Two or More Races 1.3% Hispanic Origin 4.4% Diversity Index 17.6 A'2000 Population 3+ by School Enrollment Total 1 Enrolled In Nursery/Preschool Enrolled In IGndergarten Enrolled in Grade 1-8 Enrolled In Grade 9-12 Enrolled in College Enrolled in Grad/Prof School Not Enrolled In School 2000 Population 25+ by Educational Attainment Total 4,727 Less than 9th Grade 1.2% 9th -12th Grade, No Diploma 0.8% High School Graduate 8.90/0 Some College, No Degree 4.7% Associate Degree 2.2% Bachelor's Degree 1.5% Mastees/Prof/Doctorate Degree 80.8% Total 3,465 Less than 9th Grade 0.80/0 9th -12th Grade, No Diploma 3.7% High School Graduate 19.90/0 Some College, No Degree 25.3% Associate Degree 6.80/0 Bachelor's Degree 30.3% Mastees/Prof/Doctorate Degree 13.2% Data Hots: Persons of HhWanic Origin nay be of arty race. Tire Divemby Index measures the pnobabglty tial two people from th serve area wffi be from different race/ eumk getups. Source: U.S. Bureau of fm Census, 2M Census of PopubMan mrd Housing. ESRI BtSftmmsts for 2004 and 2009. 02004 ESFB BS Phone: WO -795-7483 - wwwAmrffitawm l iMrd004 Page 4 of 8 Affiblk e,a Market Profile Information Solutions E Grand County Flm Protodion District 2000 Population 15+ by Sex and Marital 4,064 Status 79.5% Total 4,147 Females 45.50/6 Newer Married 13.1% Married, not Separated 24.50/o Married, Separated 1.20/0 Widowed 1.4% Divorced 5.3% Males 54.50%o Now Married 24.0% Married, not Separated 24.2% Married, Separated 0.70/6 Widowed 0.4% Divorced 5.3% 2000 Population 16+ by Employment Status 6K Total 2004 Civilian Population 16+ In Labor Force Civillan Employed 96.2% Civilian Unemployed 3.8% 2009 Chrilian Population 16+ M Labor force Civilian Employed 96.4% Civilian Unemployed 3.6% 2000 Females 16+ by Employment Status and Age of Children 4,064 In Labor Force 79.5% Civilian Employed 77.4% Civilian Unemployed 2.0% In Armed Fontes 0.00/0 Not in Labor Force 20.5% 2004 Civilian Population 16+ In Labor Force Civillan Employed 96.2% Civilian Unemployed 3.8% 2009 Chrilian Population 16+ M Labor force Civilian Employed 96.4% Civilian Unemployed 3.6% 2000 Females 16+ by Employment Status and Age of Children Total 1,851 Own Children < 6 Only 8.3% Employed/In Armed Fontes 6.3% Unemployed 0.30/a Not in Labor Force 1.6% Own Children < 6 and 6-17 Only 3.4% Employedlin Armed Forces 2.4% Unemployed 0.1% Not in Labor Force 1.00/0 Own Children 6-17 Only 15.2% Employed/In Armed Forces 12.3% Unemployed 0.1% Not in Labor Ford 2.90/0 No Own Children < 18 73.1% EmployedM Armed Forces 53.4% Unemployed 1.6% Not in Labor Force 18.00/0 Source: U.S. Bureau of tyre Censuo, 2000 Ceram of Population and Housbw EM BIS forecasts for 2004. 02004 ESM BNS Phone: 91110-7015-740S-ww.mrNs coca 11AiM" Page 5 of 8 Business Market Profile Informatfon Solutions E Grand County Rre Protection District Shape: 1 2004 Employed Population 16+ by Industry Total C 3,567 Agriculture/Mining 3.7% Constrixtion 11.30/6 Manufacturing 2.8% Wholesale Trade 2.3% Retail Trade 9.4% TransportationAJti then; 2.90/6 Information 1.1% Finance/insurance/Real Estate 8.8% Services 54.9% Public Administration 2.8% 2004 Employed Population 16+ by Occupation Total 3,566 White Collar 58,7% Management/Business/Finandal 16.70/6 Professional 16.8% Sales 15.8% Administrative Support 9.50/0 Services 21.9% Blue Collar 19.40k Fanning/Forestry/Fishing 1.50/0 Construction/Extraction 8.60/0 Installation/Maintenence/Repair 3.0% Production 2.6% Transportation/Material Moving 3.76A 2000 Workers 16+ by Means offransportation to Work Total 3,035 Drove Alone - Car, Truck, or Van 86.9% Carpooled - Car, Truck, or Van 15.2% Public Transportation 2.7% Walked 5.1% Other Means 1,70/1, Worked at Home 8.3% 2000 Workers 16+ by 7kavel Time to Work Total 3,037 Did Not Work at Home 91.70A Less than 5 minutes 6.3% 5 to 9 minutes 16.7% 10 to 19 minutes 30.80/9 20 to 24 minutes 8.80/0 25 to 34 minutes 10.3% 35 to 44 minutes 4.4% 45 to 59 minutes 6.5% 60 to 89 minutes 4,20A 90 or more minutes 3.8% Worked at Home 8.30/6 Average Travel Time to Work (in min) 24.4 2000 Households by Vehicles Available Total 2,202 None 3.5% 1 31.3% 2 38.3% 3 17.9% 4 6.4% 5' 2.5% Average Number of Vehicles Available 2,0 souree:1,.S. Bureau of the Census, 2000 Census of Populanwt and Housing. ESM BIS Tonscasts for 2804 and 2009. 0084 ESM 80 Phare: N0-785-7483 - www esrftfsx= 11rarlo 4 Page 6 of 8 eusiness Market Profile Information Solutions ENZWEIIII E Grand County Ftre Protection Dlstrid Shape: 1 2000 Households by Type 2,202 Total M�ur 2,202 Family Households 54,2/0 Married -couple Family 45.8°/6 With Related Children 1828/0 Other Family (No Spouse) 8.40/6 With Related Children 6.1% Nonfamily Households 45,80/a Householder Living Alone 28.70/6 Householder Not Living Alone 17.0% Households with Related Children 24.3% Households with Persons 65+ 9.3% 2000 Households by Stze Total 2,202 1 Person Household 28,8"/0 2 Person Household 40.3% 3 Person Household 15.7% 4 Person Household 10.7% 5 Person Household 3.1% 6 Person Household 1.00/0 7+ Person Household 0.4% 2000 Households byYear Householder Moved In Total 2,201 Moved in 1999 to March 2000 25.8% Moved in 1995 to 1998 39.8% Moved in 1990 to 1994 15.4% Moved in 1980 to 1989 10.6% Moved in 1970 to 1979 5.3% Moved in 1969 or Earlier 3.1% Median Year Householder Moved In 1997 2000 Housing Units by Units in Structure 5,273 ' Total 5,232 1, Detached 40.3% 1, Attached 4.80/6 2 4.1% 3 or 4 6.5% 5 to 9 14.1% 10 to 19 18,9% 20+ 6.3% Mobile Home 5.0% Other 0.1% 2000 Housing Units byYear Structure Built Total 5,273 1999 to March 2000 5.70/0 1995 to 1998 10.4% 1990 to 1994 4.20/6 1980 to 1989 20.7% 1970 to 1979 33.4% 1969 or Earlier 25,7% Median Year Structure Bulk 1977 Source: U.S. Bureau of the Census, 2000 Census of PoWkdon and Housing. @2004 ESM Bis Phone- 800447483 - www.ewfi ts.com 11 4 Page 7 of 8 Market Profile eas�ss Information ® Solutions E Grand County Fire Protection District Top 37apestry Segnm is 1. Enterprising Professionals 2• Green Acres 3. In Style 2004 Consumer Spending shows the amount spent on a variety of goods and services by households that reside in the market area. Expenditures are shown by broad budget categories that are not mutually exclusive. Consumer spending does not equal business revenue. Apparel & Services. Total $ $8,523,496 Average Spent $3,163.88 Spending Potential Index 114 Computers & Accessories: Total $ $768,184 Average Spent $285.15 Spending Potential index 92 Education: Total $ $2,277,950 Average Spent $845,56 Spending Potential Index 84 Entertainment/Recreation: Total $ $9,231,378 Average Spent $3,426,64 Spending Potential Index 112 Food at Home: Total $ $16,695,098 Average Spent $6,197.14 Spending Potential Index 132 Food Away from Home: Total $ $9,925,343 Average Spent $3,68424 Spending Potential Index 119 Health Care: Total $ $10,819,246 Average Spent $4,016.05 Spending Potential Index 123 HH Furnishings & Equipment: Total $ $6,065,246 Average Spent $2,251.39 Spending Potential Index 106 Investments: Total $ $17,270,988 Average Spent $6,410.91 Spending Potential index 73 Retail Goods: Toted $ $78,433,724 Average Spent $29,11423 Spending Potential Index 121 Shelter. Total $ $32.448,820 Average Spent $12,044.85 Spending Potential index 91 W/Video/Sound Equipment: Toted $ $2,721,670 Average Spent $1,01027 Spending Potential Index 102 Travel: Total $ $4,760,441 Average Spent $1,767.05 Spending Potential Index 97 Vehicle Maintenance & Repairs: Total $ $2,945,028 Average Spent $1,093.18 Spending Potential Index 107 Data Note: The Spending Potential Index represents the amount spent in the area relative to a national average of 100. Source: Expenditure data are derived from the 1999, 2000 and 2001 Consumer Expenditure Surveys, Bureau of Labor Statistics. ESRI BIS forecasts for 2004 and 2009 02004 ESM BIS Phone: 808-785.7483 - www.esfidsx= 11/23/2004 Page 8 or a NARRATIVE It has been three and one half years since the previous update for East Grand County Fire Protection District's fiscal impact study. A little over $148,800 in impact fees has been collected by the district since the initial study. These updates are part of the integral process and direction set forth in the district's Strategic Master Plan. Periodic updates to the master plan and fiscal impact study are adjustments to insure that the district's needs and requirements for staffing and equipment are kept current with the actual situation demands. The purpose and design of this update is to continue with and maintain the integrity and methodology of the original Fiscal Impact Study by following the same proportionate share and Rational Nexus Theory. The updated development schedule for the district continues to change with additions, deletions and completions. The projected development as listed in this update contains units that have not been built, from the prior study, accompanied by new units in the district. The projected units total 3,270. At an estimated population of 2.37 people per household, these added units will increase the district population by 6,833 people (see "Proposed Development" for breakdown of seasonally -occupied and year-round dwellings). Because East Grand County Fire Protection District geographically encompasses the towns of Winter Park, Fraser and rural Grand County, it is difficult to accurately determine an exact population. After communicating with the planning departments in all three entities and interpolating the figures provided, this study's best estimate of the current 2004 population is 12,200 people residing in the fire district. The additional new units projected from 2004 -- 2009 will provide an increase in population of slightly over 56% or approximately 10% per year. This increase will mean that 36% of the total population in 2009 will be attributed to new growth. The apportionment of the new capital equipment and the expenses required to accommodate this new growth will coincide with the projection of 36% of the new population. The East Grand County Fire Protection District has continued to be one of the preeminent leaders for fire districts and emergency service providers in Colorado. The staff and Board of Directors have managed to maintain the critical balance between volunteer and paid members. This balance has been maintained through an excellent state of the art training program, education and the leadership by the Chief and officers. It is also noted that EGCFPD was the first fire district in Grand County to perform a fiscal impact study and collect impact fees and therefore led the way for other county fire districts to accomplish the same action. Although this update is three and a half years after the initial fiscal impact study, it is quite obvious that a revised look was necessary for the economic health of the district to continue to plan and provide safety and service for new growth as well as existing residents. FIVE YEAR PROPOSED DEVELOPMENT Residential Development Units Winter Park Iron Wood Camp/Trail Head Lodge/River Walk 96 Lakota 150 River Walk/Ski Idlewild/VZF 125 Village Center/Red Quill 30 Winter Park Village PUD — Base Development 500 Vasquez Village/Bear Crossing 56 Slopeside 14 Trademark 6 Winter Glen 16 Lodges at Jane Creek 20 Leland Creek Subdivision 36 Bridger's Cache 6 Platted un -built lots 50 Platted un -build MF units 600 Total 1,705 Fraser Former Maryvale/Rendezvous/Cornerstone 1,000 Elk Creek Village Phase 2 15 Upper/Lower Ptarmigan -- almost build out 15 Platted un -build lots in original town 2-0 Total 1,050 Grand County Tabernash Meadows 200 Meadows Edge/Moose Run 30 Pole Creek Ranch/The Valley at Winter Park 30 Spruce Ridge 20 Stagecoach Meadows 30 Waterside West 50 Elk Court Townhomes 10 Cabins at Porcupine Ridge 20 Fairways at Pole Creek 75 Red Hawk Ranch 50 Total 515 Commercial Winter Park Winter Park Village/Intrawest 42900 SF Total 421,000 SF Fraser Cornerstone 500,000 SF Safeway Marketplace 15.000 SF Total 65,000 SF Grand County Devil's Thumb Ranch Hotel 55 units Total 55 units The above information was supplied by East Grand County Fire Protection District and interviews with private developers, the staff of Grand County Planning Department as well as the planning departments of Fraser and Winter Park. There are a total of 3,270 projected residential units to be built over the next five years. This study estimates annual construction of between 600 and 700 units within EGCFPD over the next five years. The five-year proposed developments include both year-round and seasonally - occupied dwelling units. From these figures we can determine an approximate future population. Seasonally -occupied dwellings will be projected at the national standard of one resident per unit. 725 of these proposed seasonally - occupied units will calculate to 725 new residents. The occupancy rate of 2.37 will be projected for year-round dwelling units. The remaining 2,545 units at this rate equates to 6,108 new residents. For the 3,270 proposed developments, this represents population growth of approximately 6,833 new residents over the next five years. When combined with the current population of approximately 12,200 residents, EGCFPD could have a constituency of over 19,083 residents by the end of 2009. New residents in 2009 will equate to 36% of the total population of the fire district. Future Capital Expenditures Capital Improvements Specific capital improvements are necessary to support the projected growth in East Grand County Fire Protection District. In this section we will address the needed capital improvements and the allocation by cost of these improvements designated for the projected growth in the district for the next five years (through year 2009). Capital Expenditures Total Cost South Fire Station Four Bay Station/Six Apartments (10,000 SF @ $175 SF) Outfitting of New Station Portion Allocated to New Growth $1,750,000 $50,000 Red Dirt/North ]oint Use Station (Grand Fire Protection District) Four Bay Station/Six Apartments $300,000 Outfitting of New Station $25,000 Tabernash Station Upgrade Four Additional Apartments $360,000 Vehicle Purchases Upgraded Quint/Engine $500,000 $100,000 Upgraded Quint/Engine $500,000 $200,000 New Water Tender/Type 4 Engine $250,000 New Water Tender/Type 4 Engine $250,000 Upgraded Water Tender/Type 4 Engine $250,000 $100,000 Upgraded Support Services $400,000 $250,000 Upgraded Aerial Platform $1,000,000 $200,000 Infrared Camera $12,000 Fiscal Impact Study $3,000_ Total $3,850,000 The above capital projects are all or in part required for new growth. The cost from these projects allocated to new growth is $3,850,000. The projected growth is best forecasted to occur evenly over the next five years at a rate of 20% per year. The $3,850,000 portion of capital expenditures allocated to new growth annualized is $770,000. IMPACT FEE CALCULATION (Amended December 2004) Preliminary Impact Fee Calculation As previously discussed, new growth is allocated 36% of the capacity of the new facilities and equipment. The "Proportionate Share Methodology" requires that all costs and revenues be reduced to present value. Credit will be given for annual taxes paid by new - growth. $770,000 is the future capital expenditures annualized. The present cost of this revenue stream, using a 6% discount rate over a five-year period, is $4,542,668. This cost is used to set the cost side of the Proportionate Share Formula. Fiscal Impact Fee Calculation Using calculations derived thus far, specific allocations are as follows: Present Cost of Future Capital Expenditures at 6% Rate $4,542,668 Multiplied by: The Share of New Growth 36% Equals: Net Cost (Allocation) To New Growth $1,635,360 Less: Net Present Value of Payments toward Debt Service for New Capital Expenses $100,000(-) Equals: New growth's share of net capital costs $1,535,360 ** Divided By: Residential Units of New Growth 3,270 Plus: Commercial Square Footage Converted to "Residential Equivalent Units" *** +(EST) 114 Total 3,384 Equals: Justifiable Impact Fee Derived from a Rational Nexus and a Reasonable Relationship $454 * This f=igure can also be termed, "Credit for Capital Taxes to Be Paid". This figure is the present value of the tax paid by new growth for capital improvements throughout the five-year study period. This amount is a credit to the developer and avoids the issue of the new unit paying twice for the same item - once as an impact fee, and again as a property tax. ** This figure can also be termed "Net Capital Cost subject To Impact Fee" *** Dividing the total projected commercial square footage by the average residential unit size derives a "Residential Equivalent Unit". This study recommends that an impact fee of $454 per unit be applied for each new housing unit. This impact fee will compensate EGCFPD for new capital costs related to new growth in a fair and equitable manner. Impact Fees for Commercial Development The average residential unit size for EGCFPD as projected by the developers is 1,800 square feet. Using 1,800 square feet as one "residential equivalent unit" with an impact fee of $454, we recommend the fees for all commercial property with the exception of hotel/motel will be calculated by dividing the square footage by 1,800 and multiplying by $454. Example: Retail store of 6,000 square feet divided by 1,800 = 3.33 x $454 = $1,512 impact fee. Hotel/Motel Impact fees It is apparent from examining fire department and EMS responses of different land use types that land uses with higher densities have more incidents requiring fire department responses than land uses with lower population densities. Hotels/motels demand the highest per square foot response. Conservatively, this factor is 2.5 times the residential equivalency. Hotel/motel fees are calculated by dividing the dotal square footage by 1,800, then multiplying by $454, then multiplying by 2.5. Market Profile ir.Business oration Sowimns E Grand County Fire Protection District Shape: 1 2000 Total Population 4,913 2000 Group Quarters 0 87 1jL� 2004 Total Population 5,887 2009 Total Population 7,481 2004 - 2009 Annual Rate 4.91% F-102000 Households 2,202 2000 Average Household Size 2.19 ! 2004 Households 2,694 2004 Average Household Size 2.15 2009 Households 3,496 2009 Average Household Size 2.11 2004 - 2009 Annual Rate 5.35% 2000 Families 1,195 2000 Average Family Size 2.7 2004 Families 1,439 2004 Average Family Size 2.65 2009 Families 1,827 2009 Average Family Size 2.61 2004 - 2009 Annual Rate 4.89% 2000 Housing Units ® ® Owner Occupied Housing Units 5,280 27.2% II OW Renter Occupied Housing Units 14.9% Vacant Housing Units 58.0% 2004 Housing Units 6,230 Owner Occupied Housing Units 29.6% Renter Occupied Housing Units 13.6% Vacant Housing Units 56.8% 2009 Housing Units 7,722 Owner Occupied Housing Units 30.7% Renter Occupied Housing Units 14.6% Vacant Housing Units 54.7% Median Household Income 2000 $47,671 2004 $54,353 2009 $63,810 Median Home Value 2000 $194,299 2004 $249,324 2009 $310,477 Per Capita Income 2000 $26,467 2404 $32,511 2009 $42,107 Median Age 2000 36.0 2004 36.7 2009 38.4 Data Note: Household population includes persons not residing In group quarters. Average Household Size is the household population divided by total households. Persons In families Include the householder and persons related to the householder by birth, marriage, or adoption. Per Capita Income represents the Income received by all persons aged 15 years and over divided by total population. Detail may not sum to totals due to rounding. Source:U.S. Bureau of the Census, 2000 Census of Population and Housing. SSRI SIS forecasts for 2004 and 2009. D20114 ESRI BIS Phone: BDG -745-7483 - www.esribis.com 'IM312004 Page 1 of a Business Ininrmation solullons e 2000 Households by Income AM 10Household Income Base 11 K $15,000 $15,000 - $24,999 $25,000 - $34,999 $35,000 - $49,999 $50,000 - $74,999 $75,000 - $99,999 $100,000 - $149,999 $150,000 - $199,999 $200,000+ Average Household Income 2004 Households by Income Househotd Income Base < $15,000 $15,000 - $24,999 $25,000 - $34,999 $35,000 - $49,999 $50,000 - $74,999 $75,000 - $99,999 $100,000 - $149,999 $150,000 - $199,999 $200,000+ Average Household Income 2009 Households by Income Household Income Base < $15,000 $15,000 - $24,999 $25,000 - $34,999 $35,000 - $49,999 $50,000 - $74,999 $75,000 - $99,999 $100,000 - $149,999 $150,000 - $199,999 $200,000+ Average Household Income 2000 Owner Occupied HUs by Value Total x$50,000 $50,000 - 99,999 $100,000 - 149,999 $150,000 - 199,999 $200,000 - $299,999 $300,000 - 499,999 $500,000 - 999,999 $1,000,000+ Average Home Value 2000 Specified Renter Occupier! HUs by Contract Rent Total With Cash Rent No Cash Rent Median Rent Average Rent Market Profile E Grand County Fire Protection District Shape: 4 2,150 10.3% 10.1% 11.1% 21.9°/x, 22.2% 9.6% 10.0°% 2.4% 2.4% $59,998 2,694 8.6% 7.7% 10.1% 17.3% 24.2% 12.5% 12.4% 3.3% 3.7% $72,038 3,494 6.8% 6.5% 8.4% 12.9% 24.6% 13.1°% 14,1% 7.3°% 6.4% $91,538 1,439 5.7% 7.5°% 16.1% 23.6% 23.3% 17.3% 5.4% 1.0% $244,164 741 96.6% 3.4% $637 $681 Hata Note: Income represents the preceding year, expressed In current dollars. Household income includes wage and salary earnings, interest, dividends, net rents, pensions, 551 and welfare payments, child support and alimony. Specified Renter Occupied HUs exclude houses on 10+ acres. Average Rent excludes units paying no cash rent. Source: U.S. Bureau of the Census, 2000 Census of Population and Housing. ESRI BIS forecasts for 2004 and 2009. 02004 ESRI BIS Phoma: 800-795-7483 - www.esribia.com 1112312004 Page 2 of 8 Market Profile Business Intormalion w Lutions NOME E Grand County Fire Protection District 2000 Population by Age 3� Total i 0-4 5-9 10-14 15-24 25-34 35-44 45-54 55-64 65-74 75-84 85+ 18+ 2004 Population by Age Total 0-4 5-9 10-14 15-24 25-34 35-44 45-54 55-64 65-74 75-84 85+ 18+ 2009 Population by Age Total 0-4 5-9 10-14 15-24 25-34 35-44 45-54 55-64 65-74 75-84 85+ 18+ 2000 Population by Sex Males Females 2004 Population by Sex Males Females 2009 Population by Sex Males Females Source: U.S. Bureau of the Census, 2000 Census of Population and Housing. ESRI BIS forecasts for 2004 and 2009. 02004 ESRI BIS Phone: BDo-795-7483 - www.esribis.com W231201014 Shape: 1 4,913 4.8% 5.3% 5.2% 13.2% 19.7% 19.9% 17.5% 8.7% 4.2% 1.3% 0.2% 81.4% 5,886 4.7% 4.6% 5,1% 12.3% 20.3% 17.7% 18.3% 10.3% 4.8% 1.6% 0.2% 82.6% 7,483 4.5% 4.0% 4.5% 11.6% 19.4% 17.3% 17.5% 12.9% 5.5% 2.4% 0.4% 84.3% 54.4% 45.6% 54.2% 45.8% 53.8% 46.2% Page 3 of 8 Market Profile Buakness Iniormalion $oilllions E Grand County Fin: Protection District Shape: 1 2000 Population by RacelEthnicity 3,465 .; Total 4,912 40 White Alone 95.6% Blade Alone 0.5% American Indian Alone 0.7% Asian or Pacific Islander Alone 0.9"% Some Other Race Alone 1.2% Two or More Races 1.2% Hispanic Origin 3.6% Diversity Index 15.0 2004 Population by Race/Ethnicity 3,465 Total 5,888 White Alone 95.1% Black Alone 0.5% American Indian Alone 0.7% Asian or Pacific Islander Alone 1.0% Some Other Race Alone 1.3°% Two or More Races 1.3% Hispanic Origin 4.0% Diversity Index 16.5 2009 Population by Race/Ethnicity 3,465 Total 7,481 White Alone 94.8% Slade Alone 0.5% American Indian Alone 0.7% Asian or Pacific Islander Alone 1.2% Some Other Race Alone 1.5% Two or More Races 1.3% Hispanic Origin 4.4% Diversity Index 17.6 ¢ 2000 Population 3+ by School Enrollment 3,465 Total 4,727 Enrolled in Nursery/Preschool 1.2°% Enrolled in Kindergarten 0.8°% Enrolled in Grade 1-8 8.9% Enrolled in Grade 9-12 4.7% Enrolled in College 2.2% Enrolled in Grad/Prof School 1.5% Not Enrolled in School 80.8°% 2000 Population 25t by Educational Attainment Total 3,465 Less than 9th Grade 0.8% 9th - 12th Grade, No Diploma 3.7% High School Graduate 19.9% Some College, No Degree 25.3°% Associate Degree 6.8°% Bachelor's Degree 30.3°% Mastees/Prof/Doctorate Degree 13.2% Data Note: Persons of Hispanic Origin may be of any race. The Diversity Index measures the probability that two people from the same area will be from different race/ ethnic groups. Source: L.S. Bureau of the Census, 2000 Census of Population and Housing. ESRI BIS forecasts for 2004 and 2009. 02004 ESRI BIS Phone: 800.785.7483 - www.esribis.com 11123/2004 Page 4 of 8 f Market Profile Bus!ness Inlnnnatinn soiw ons 2000 Population 15+ by Sex and Marital Il Status Total Females Never Married Married, not Separated Married, Separated Widowed Divorced Males Never Married Married, not Separated Married, Separated Widowed Divorced 2000 Population 16+ by Employment Status WDTotal In Labor Force Civilian Employed Civilian Unemployed In Armed Forces Not in Labor Force 2004 Civilian Population 16+ in Labor Force Civilian Employed Civilian Unemployed 2009 Civilian Population 16+ in Labor Force Civilian Employed Civilian Unemployed 2000 Females 16+ by Employment Status and Age of Children Total Own Children < 6 Only Employedlin Armed Forces Unemployed Not in Labor Force Own Children < 6 and 6-17 Only Employedlin Armed Forces Unemployed Not in Labor Force Own Children 6-17 Only Employedlin Armed Forces Unemployed Not in Labor Force No Own Children < 18 Employedlin Armed Forces Unemployed Not in Labor Force Source: U.S. Bureau of the Census, 2000 Census of Population and Housing_ ESRI BIS forecasts for 2004. C(FrT-m 1*1:i1.7 M Phone: 800-795.7493 - www.esribis.com E Grand County Fire Protection District 11=12084 Shape: 1 4,147 45.5% 13.1% 24.5% 1.2% 1.4% 5.3% 54.5% 24.0% 24.2% 0.7% 0.4% 5,3% 4,064 79.5% 77.4% 2.0% 0,0% 20.5% 96.2% 3.8% 96.4% 3.6% 1,851 8.3% 6.3% 0.3% 1.6% 3.4% 2.4% 0.1% 1.0% 15.2% 12.3% 0.1% 2.9% 731% 53.4% 1.6% 18.0% Page 5 of 9 Market Profile Business info-atio, Solutions E Grand County Fire Protection District Shape. T 2004 Employed Population 16+ by Industry 3,035 Total 3,567 ll Agriculture/Mining 3.7% Construction 11.3% Manufacturing 2.8% Wholesale Trade 2.3% Retail Trade 9.4% Transportation/Utilities 2.9% Information 1.1% Finance/Insurance/Real Estate 8.8% Services 54.9% Public Administration 2.8% 2004 Employed Population 16+ by Occupation 30.8% Total 3,566 White Collar 58.7% Management/Business/Financial 16.7% Professional 16.8% Sales 15.8% Administrative Support 9.5% Services 21.9% Blue Collar 19.4%ti FarminglForestrylFishing 1.5% ConstructionlExtraction 8.6% Installation/Maintenance/Repair 3.0% Production 2.6% Transportation/Material Moving 3.7% 2000 Workers 16+ by Means otTransportation to Work Total Drove Alone - Car, Truck, or Van Carpooled - Car, Truck, or Van Public Transportation Walked Other Means Worked at Nome 2000 Workers 16+ by Travel Time to Work Total Did Not Work at Home Less than 5 minutes 5 to 9 minutes 10 to 19 minutes 20 to 24 minutes 25 to 34 minutes 35 to 44 minutes 45 to 59 minutes 60 to 89 minutes 90 or more minutes Worked at Home Average Travel Time to Work (in min) 2000 Households by Vehicles Available Total None 1 2 3 4 5+ Average Number of Vehicles Available Source: U.S. Bureau of the Census, 2000 Census of Population and Housing. ESRI BIS forecasts for 2004 and 2009. ©2004 ESRI BPS Phone: 800-7957483 - www.esribis com 11123/2004 Page 6 of 8 3,035 66.9% 15.2% 2.7% 5.1% 1.7% 8.3% 3,037 91.7% 6.3% 16.7% 30.8% 8.8% 10.3% 4.4% 6.5% 4.2% 3.8�% 8._% 24.4 2,202 3.5% 31.3% 38.3% 17.9% 6.4% 2.5% 2.0 ©2004 ESRI BPS Phone: 800-7957483 - www.esribis com 11123/2004 Page 6 of 8 Market Profile Business YI. a Som: -ons E Grand County Fire Protection district 2000 Households by Type Total Family Households Married -couple Family With Related Children Other Family (No Spouse) With Related Children Nonfamiiy Households Householder Living Alone Householder Not Living Alone Households with Related Children Households with Persons 65+ 2000 Households by Size Total 1 Person Household 2 Person Household 3 Person Household 4 Person Household 5 Person Household 6 Person Household 7+ Person Household 2000 Households by Year Householder Moved In Total Moved in 1999 to March 2000 Moved in 1995 to 1998 Moved in 1990 to 1994 Moved in 1980 to 1989 Moved in 1970 to 1979 Moved in 1969 or Earlier Median Year Householder Moved in 2000 Housing Units by Units in Structure Total 171 1, Detached 1, Attached 2 3or4 5to9 10 to 19 20+ Mobile Home Other 2000 Housing Units by Year Structure Built Total 1999 to March 2000 1995 to 1998 1990 to 1994 1980 to 1989 1970 to 1979 1969 or Earlier Median Year Structure Built Source: U.S. Bureau of the Census, 2000 Census of Population and Housing. 02004 ESRI BIS Phone: 800.795.7483 - www.esribis.eom 1112312004 Shane: 7 2,202 54.2% 45.8% 18.2% 8.4% 6,1% 45.8% 28.7% 17.0% 24.3% 9.3% 2,202 28.8% 40.3% 15.7% 10.7% 3.1% 1.0% 0.4% 2,201 25.8% 39.8% 15.4% 10.6°/0 5.3% 3.1% 1997 5,232 40.3% 4.8% 4.1% 6.5% 14.1% 18.9% 6.3% 5.0% 0A% 5,273 5.7% 10.4% 4.2% 20.7% 33.4% 25.7% 1977 Page 7 of a 9usirtess Into'mation m S.Iuhuns 1. 2. 3. Top 3Tapestry Segments Market Profile E Grand County Fire Protection District Shape: 1 Enterprising Professionals Green Acres In Style 2004 Consumer Spending shows the amount spent on a variety of goods and services by households that reside in the market area. Expenditures are shown by broad budget categories that are not mutually exclusive. Consumer spending does not equal business revenue. Apparel & Services: Total $ $8,523,496 Average Spent $3,163.88 Spending Potential Index 114 Computers & Accessories: Total $ $768,184 Average Spent $285.15 Spending Potential Index 92 Education: Total $ $2,277,950 Average Spent $845.56 Spending Potential Index 84 Entertainment/Recreation: Total $ $9,231,378 Average Spent $3,426.64 Spending Potential Index 112 Food at Home: Total $ $16,695,098 Average Spent $6,197.14 Spending Potential Index 132 Food Away from Home: Total $ $9,925,343 Average Spent $3,684.24 Spending Potential Index 119 Health Care: Total $ $10,819,246 Average Spent $4,016.05 Spending Potential Index 123 HH Furnishings & Equipment: Total $ $6,065,246 Average Spent $2,251.39 Spending Potential Index 106 Investments: Total $ $17,270,988 Average Spent $6,410.91 Spending Potential Index 73 Retail Goods: Total $ $78,433,724 Average Spent $29,114.23 Spending Potential Index 121 Shelter: Total $ $32,448,820 Average Spent $12,044.85 Spending Potential Index 91 TVNideolSound Equipment: Total $ $2,721,670 Average Spent $1,010.27 Spending Potential Index 102 Travel: Total $ $4,760,441 Average Spent $1,767.05 Spending Potential Index 97 Vehicle Maintenance & Repairs: Total $ $2,945,028 Average Spent $1,093.18 Spending Potential Index 107 Hata Note: The Spending Potential Index represents the amount spent in the area relative to a national average of 100. Source: Expenditure data are derived from the 1999, 2000 and 2001 Consumer Expenditure Surveys, Bureau of Labor Statistics. ESRI BIS forecasts for 2004 and 2009 492004 ESRI BIS Phone: 800-795-7483 - www.esribis.eom 1112312004 Page 8 of 8 1 w v - rr ii w MEMO TO: Mayor Smith and the Board of Trustees FROM: Catherine E. Trotter, AICP DATE: November 19, 2014 SUBJECT: Emergency Services Impact Fee amendment MATTER BEFORE BOARD: East Grand Fire Protection District is requesting to increase their Fire Impact Fee for both residential and commercial structures. A public hearing has been scheduled. Review Fraser Municipal Code Section 18-6 entitled Emergency Services Impact Fees for existing regulations. ACTION REQUESTED: Motion to approve Ordinance No. 424 amending the Fraser Municipal Code by adopting updated Emergency Services Impact Fees. EXECUTIVE SUMMARY: East Grand Fire Protection District is requesting to increase their Fire Impact Fee for both residential and commercial structures. Staff is recommending approval of this request. BACKGROUND: The Fraser Board of Trustees held a public hearing to adopt a policy and procedure to collect Emergency Service Impact Fees for the East Grand Fire Protection District in 2002 and the fees were enacted pursuant to Ordinance No. 276. This Fire Impact Fee was set at a rate of $254 per residential unit or its commercial equivalent. The fees were subsequently increased in 2005 by Ordinance No. 309. This Fire Impact Fee was increased to $454 per residential unit or its commercial equivalent. These ordinances are included in the packet for your review. The rationale for the policy was based on analysis of growth related costs incurred by The District as part of the expanded population through residential and commercial development in Grand County. The study analyzes long-term residential and non-residential growth compared to the estimates of the associated capital necessary to support that growth. Economic and Planning Systems, Inc. (EPS) conducted the most recent Fire Impact Analysis. Based on this analysis, the proposed Fire Impact Fees would be increased to $483 per residential units or commercial equivalent. This study is included in the packet. Todd Holzworth, Fire Chief, will be at the public hearing to summarize the report and answer any questions you may have. ALTERNATIVES: The obvious alternative is to not approve the ordinance approving the rate increase. RECOMMENDATION: Staff recommends approval of Ordinance 424. � ow f If it As it 11ox 370, I::ras r, CO 1104,42 office 970 '726 5491 fox 970 726 551.8 WWW frasxra lorado calx TOWN OF FRASER ORDINANCE NO. 424 Series 2014 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE 18-6, SUBSECTION 18-6-40(b) OF THE CODE OF THE TOWN OF FRASER BY ADOPTING UPDATED EMERGENCY SERVICES IMPACT FEES FOR LAND DEVELOPMENT ACTIVITY REQUIRING ADDITIONAL EMERGENCY SERVICES NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT OF TOWN CODE. Chapter 18, Article 18-6, Subsection 18-6-40(b) of the Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Town Code") is hereby amended in its entirety to read as follows: Section 18-8-40. Impact Fee Amount. (b) Pursuant to the East Grand Fire Protection Study of Fiscal Impact, prepared June 30th 2014 by Economic & Planning Systems Inc., the Impact Fees and formulas are as follows: Residential Impact Fee Present cost of future expenditures: $2,466,000' Multiplied by the share attributed to new growth: 33%' Equals the net cost (allocation) to new growth: $816,000 Plus the projected construction cost of a new station: $ 1,200,000' Equals new growth's share of net capital costs: $2,016,000 Divided by expected residential units of new growth: 3,498' Plus commercial square footage converted to "Single Family Equivalents" 2: 674 4,172 Equals the Impact Fee: $483 Commercial Impact Fee: The impact fee for commercial development is determined by multiplying the total square footage of a proposed development by $0.268 2 [proposed building square footage x $0.268 = Commercial Impact Fee] 'Determined in the Fiscal Impact Study 2 A Single Family Equivalent Unit is arrived at by dividing the Impact Fee by the average residential unit size which in the study was determined to be 1,800 square feet. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING AND SIGNED THIS 19th DAY OF NOVEMBER, 2014. Votes in favor: Votes opposed: Votes abstained: ATTEST: Lu Berger, Town Clerk BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO Peggy Smith, Mayor Published in the Middle Park Times on November 27, 2014. TOWN OF FRASER ORDINANCE NO. 425 Series 2014 AN ORDINANCE VACATIING 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, including removal of the existing water and sewer facilities from the temporary easements, 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 December 15, 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 19th DAY OF November, 2014. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Votes abstained: _ BY: Peggy Smith, Mayor (SEAL) ATTEST: Lu Berger, Town Clerk Published in the Middle Park Times on November 27, 2014. OVERALL EXHIBIT MAP fflI2= 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. DAVID EVANS AND ASSOCIATES, INC PrewEcrrvGDPX( 133117th Street Suite 900 RF,�1-- Denver, Colorado 80202 UTILITYEXH Tel; 720-946-0969 HATE' Fax: 720-946-0.973 a S� E: F.ngineen • Siuveyors •Planners MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 10-14-14 DEA PROJ: GDPX000-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. SHEET 1 OF 3 REMOVABLE oR-v. MSK UTILITY & ACCESS EXHIBIT CHECKED -I Tca THE WILLOWS AT GRAND PARK THE WILLOWS AT GRAND PARK REMOVABLE UTILITY & ACCESS EASEMENT Z 1"=100' 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, R75% 6TH P.M., SEC. 28 �N FOUND 1-1/2" STEEL POST w ^ U WITH 2-1/2" GLO BRASS CAP N 2 PROPERLY MARKED "1933" ZJ3 Z2tn 63 6j66/ 66819 / 622'y 61 ; 60 \ 59 r58 s� 56 55 54 53 OF i,L SOD -17'02"E yy�4 ,/ SWI/4 SEC. 28 Jv 4g 96 c3 .3 03? 3g,, / REMOVABLE y U77LITY & ACCESS EASEMENT 2,420 SQFT S28 L= 21' 52 ?4 77• � R=28282.00' 5i / 1=10'24'14" 50 f , CH=S57'37'49"E 51.14' REMOVABLE UTILITY & ACCESS EASEMENT 1,390 SQFT MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 10-14-14 DEA PROJ: GDPX000-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, INc 1331 17th Street Suite 900 Denier, Colorado 80202 Tel: 720-946-0969 ® Far: 720-946-0973 Engineers • Surveyors • Planners GDPX00000-001 SHEET OF E NAME: DRAWNDY: UTILITYEXH VAC.dwg _ MSK IC: CHECKEOtl 09110/2014 TG9 REMOVABLE UTILITY & ACCESS EXHIBIT THE WILLOWS AT GRAND PARK THE WILLOWS AT GRAND PARK REMOVABLE UTILITY & ACCESS EASEMENT Z SW COR. NW1/4, 1"=100' SW1 /4, SEC. 28 (51/16 COR.) FOUND 1-1/2' STEEL POST WITH 2-1/2" GLO BRASS CAP PROPERLY MARKED "1933" W1/4 CORNER T1 S, R75% STH P.M., SEC. 28 �ry FOUND 1-1/2" STEEL POST w V WITH 2-1/2' GLO BRASS CAP < 2 PROPERLY MARKED "1933" THE WILLOWS AT Z 2 in GRAND PARK, FILING NO. 3 (BASIS OF BEARING) 1329.75 S00'17'02"E I / SW%4ESEC 28 44 45 46 43 I 42 \ / r 4152 '0J/ (57 N I 51 l =/ zI - 50 REMOVABLE \ //47 48 49 UTILITY & ACCESS S\ EASEMENT 40 S45'20'28 "E g0• / / 1,219 SQFT 27.79' L=5.41' 41.02' S32'01'19"E R 1=1*'0404''5 )9" 0' / 38 / 5 L=13.75' CH=S43'55'09"}No.4 R=218.00' 5.41' 37 /�^ 1=336'46" 30 s �� 34 / y�?a 33 CH=N36'48'43"W 29 sd' 31 32 / L=27.19' 13.74' 36 R=19.00' 28 AcP 132.7 s / 35 1=81'59'46" A ' 5125841 / CH=S02*22*47"W 1 W 24.93' 27 U5g41 E REMOVABLE 26 UTILITY & ACCESS EASEMENT 24 25 J � 5,319 SOFT / 1 1 ) I / `— 23 L=110.39' I 22 I R=268.00' 1=23'36'01" I P7 I CH=NOS'26'57'W 109.61' 130 20 I F 19 UTILITY &ACCESS -� EASEMENT MICHAEL SEAN KERVIN, CO PLS 34592 DATE: 10-14-14 DEA PROJ: GDPX000-000-001 FOR AND ON BEHALF OF DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, INC PRCJECTNO SIIEE-T NO.: GDPX00000-001 SHEET 3 OF 3 REMOVABLE 1331 1711, street site eoo F,LENAME: RAwNRv: Denver, Colorado 80202 UTILITY EXH VAC.dwg o MSK UTILITY & ACCESS EXHIBIT Tel: 720-946-0909 Dare criECKEo or. Fax 720-946-0973 09/10/2014 TG3 THE WILLOWS AT g. y SGLE PRGJECiMANAGER� -1 GRAND PARK En meers • Snrve ors • Planners EASEMENT DEED (Water and Wastewater Utilities) GRANTOR: GRAND PARK DEVELOPMENT LLC a Colorado limited liabilily 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 GRANTOR: 2014. GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company C. Clark Lipscomb, President STATE OF COLORADO ) ss. COUNTY OF GRAND ) 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. LIENHOLDER: BANK MIDWEST, N.A. BY: _ TITLE: STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2014, by , as of U.S. BANK, N.A., the above named Lienholder. Witness my hand and official seal. My Commission expires: (SEAL) -3- Notary Public U7ILITY & A= EASmmr 3.529 ACRES L-340.41' R =60.00' 1=325'03'48' CH=S84'47'50'W 6.3 2' 64 65 66 62 61 60 59 ��.---� 58 57 L=261.21' R=282.00' S6 1-53'04'19" CH=S54'54'07"E 251.97' 55 54 53 \T �2 \\\\S 49 � 50 WILLOWS AT kND PARK, ING NO. 3 DATE: 11-06-14 } �E� DEA PR6'LT GwX- df) "" 001 FOR AND ON-`Bt4ALi1Aw DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS AND ASSOCIATES, is 133117th Street Su[te900 inDenver, Colorado 80202 Tel: 720-946-0969 Fax: 720-94673 Engineers a Surveyors a Planners EXHIBIT A EASEMENT PARCEL 1'=1 Do' SW COR. NW1 /4, SW1 /4, SEC. 28 (S1/16 COR.) FOUND 1-1/2' STEEL POST NTH 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 t,, v WITH 2-1/2' GLO BRASS CAP 2 �u PROPERLY MARKED '1933" - W n2`} a2y (BASIS OF 68 69 70 L-Zy6•O/ R=518.00' `� 1329.75' 500'17'02"E I=33'01'29" W. UNE NW CH-N13'12'52"E 1 SWT/4 SEC. 294.45'g 40.00' S3499'47"W 41 L=1.56' ch R=518.00' " 1=0'10'23" ``v -N34'14'S366*1!oa't�+ R=19.00' 1-90'36'OD" jS`SSJ o j0'03g1 CH=N36'08'17"W 2701' ; ti{'t L=211.72 2 8.53' �S09'40'26'W R=482.00' 1 19.05, fl' 9. 210.03' CH=N21' 21003' 1, 4g.2$. 34.00' R=318.00' 1=53'0419' CH=S54'54'07'E 284.14' U77UTY L-7.02'—. �hh R=2036.00' 1-0111`51" CH =N 55'34'17"W 7.02' CURVE TABLE CURVE I LENGTH I RADIUS DELTA I CHORD CHD C17 26.31 482.00 3'07'40" N01'35'29"W 26.31 C181 32.69 19.00 98'35'23" N49'16'02"E 28.81 srtrs oFe UTILITY & ACCESS EXHIBIT 9N MSK rGB THE WILLOWS AT rua"pGEA: 11.1 GRAND PARK L=340.31'-. --- R=60.00' 1-324058'09" CH=N23.28'32"W EXHIBIT A EASEMENT PARCEL R-182.00' 1=49'54'09" CH=N5319'03"W 36.88' 153.55' 512'58'41 "W 3' +n ON r a L=86.1 r R-382.00' 1®12'55'26" ;o CH-N84'43'50"W 85.98' DATE:°:<11=,p6 DEA PftJ:... G FOR AN6 -bf4 DAVID EVANS AND ASSOCIATES, INC. DAVID EVANS ANo ASSOCIATES, INC 7R7o s°'NO' s EEX"o, W1331 17th Street $Wte 900 GDPX00000-001 srrFer3 oP4 GT/L/TY 8t ACCESS EXH/8/T F¢E HAilp: —wBY.' Denver, Colorado 80202 [!TA(TY EXN.dwg MSK Tel: 720-946-0969 Fn atetxw— Fax: 720-946-0973 OM&2014 TGB THE WILLOWS AT Engineers o Surveyors " Planners sra" r ec "n"acsa GRAND PARK __ 1 "nn' 11.1 MEMO TO: Mayor Smith and the Board of Trustees FROM: Catherine Trotter, AICP, Town Planner DATE: November 19, 2014 SUBJECT: Grand Park easement vacation At the October 15th, 2014 Town Board meeting, the TB approved Ordinance No. 423 vacating certain public water and sewer easements on property owned by Grand Park Development LLC, in the Town of Fraser. The ordinance stated that: "This Ordinance shall not be deemed to be fully 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." The applicant did not provide the executed deed by October 31, 2014. We are now providing Ordinance No.426 to you for your approval. The Easement Deed now needs to be executed by December 15, 2014. The information below was previously presented to you in the October 15th, 2012 TB packet. Additions denoted in red bold. 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 Phttp://www.colocode.,com/-fraser/fraserpd-f/fraser 17„ df. The applicant is requesting that the Board approve this easement vacation request. The Petition for Vacation is included in the packet. EXECUTIVE SUMMARY: Grand Park Development LLC is requesting that the Town vacate 2 easements. Staff is recommending approval as this request in accordance with the Fraser Municipal Code. A replacement easement has been provided. Ordinance No. 423 was already approved by the Town Board; however, the documents were not executed in a timely manner. Thus, Ordinance No. 425 is in the packet for your consideration. 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 Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com 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 temporary easements which shall be terminated upon relocation of the water and sewer facilities by Grand Park Development LLC to new locations approved by the Town, including removal of the existing water and sewer facilities from the temporary easements, and acceptance of the relocated facilities by the Town. ALTERNATIVES: The Code states that "the 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." he applicant turas provided written conflrrmratiion that lie its lin agreement to postpone actloin on this vacafaorr petition Ibeyoiu d thirty days... See attached ernallll frorn C,CIlark.. II 1pscoirnb dated November 5, 2014 RECOMMENDATION: Staff is recommending that the Board approve the vacation petition. Included in the packet is Ordinance No., 4,25 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. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Catherine Trotter From: C. Clark Lipscomb <clark@cstoneholdings.com> Sent: Wednesday, November 05, 2014 11:55 AM To: Catherine Trotter Cc: Jeff Durbin; Lu Berger; Rod McGowan Subject: RE: easement vacation HI Catherine, Thank you for the assistance. Grand Park Development, LLC is agreeable to the below outlined approach. Clark From: Catherine Trotter[mailto:ctrotter@town.fraser.co.us] Sent: Wednesday, November 05, 2014 11:51 AM To: C. Clark Lipscomb; Catherine Trotter Cc: Jeff Durbin; Lu Berger; Rod McGowan Subject: easement vacation Hi Clark: We originally noticed the easement vacation public hearing for October 15, 2014 As we discussed, Town Code §17-3-50 imposes a 30 -day deadline from commencement of the hearing for the Board to take action on the petition. Consequently, the Board needs to take action by November 15, or we need written approval from the petitioner(s) to waive the 30 -day requirement. We plan on taking a new ordinance back to the Town Board at the November 19th, 2014 meeting. If you are in favor of waiving the 30 -day requirement, please respond to this email and state that you are in agreement with all this. Please contact me if you have any questions. Thanks. Catherine E. Trotter, AICP Town Planner Town of Fraser 153 Fraser Avenue, P.O. Box 370 Fraser, CO. 80442 Phone: 970-726-5491 x209 Fax: 970-726-5518 www.frasercolorado.com r a 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 MEMO TO: Mayor Smith and the Board of Trustees FROM: Brian Szczepanski, Building Official DATE: November 19, 2014 SUBJECT: Building Department October Update Total Number of Building Permits Total for 2010 36 Total for 2011 45 Total for 2012 49 Total for 2013 63 2012 through October 42 2013 through October 58 2014 through October 37 Difference 2014 / 2013 (21) Difference 2014 / 2012 (5) Dollar Valuation (no hourly fee has valuation $ in 2011 - 14) Total for 2010 $135,233 Total for 2011 $3,743,778 Total for 2012 $2,190,195 Total for 2013 $5,508,091 2012 through October $2,150,710 2013 through October $5,503,207 2014 through October $7,506,013 Difference 2014 / 2013 $2,002,806 Difference 2014 / 2012 $5,355,303 Buildina Fees Total for 2010 $3,644 Total for 2011 $40,277 Total for 2012 $27,412 Total for 2013 $66,364 2012 through October $26,240 2013 through October $65,785 2014 through October $72,439 Difference 2014 / 2013 $6,654 iown of Fraser I1�10 Box 370, Fraser, 80 442 office 970 726-5491 fax 970-726-551. rnrrn w f asercdorado.com Difference 2014 / 2012 New Residential Area $46,199 2014 through October 46,676 sq. ft. New Commercial Area 2014 through October 0 sq. ft. New Garage Area 2014 through October 10,816 sq. ft. New Deck/Patio Area 2014 through October 4,877 sq. ft. EXECUTIVE SUMMARY: October brought a slowdown in the number of building permits that were issued, but not the number of inspections requested for previously permitted work. A project of interest that has been reviewed and approved is a new 5,000 square foot engineered metal building that will house Grand Valley Flooring and additional retail space just south of Rocky Mountain Moonshine on Highway 40. The extended fall weather in October was well received by contractors who were trying to get projects in the ground before winter. iown of Fraser I1�10 Box 370, Fraser, 80442 office 970 726-5491 fax 97e-726-551 rnrrn w f asercdorado.com (a!) 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VY) Atha 113d M013 INFLUENT FLOWS UPPER FRASER VALLEY TREATMENT PLANT Date Day Influent MGD GCWS#1 Influent Flow WPR Influent Flow TOF Influent Flow 1 -Jul -14 Tue 0.713 0.346 0.123 0.244 2 -Jul -14 Wed 0.682 0.331 0.132 0.219 3 -Jul -14 Thu 0.753 0.378 0.165 0.21 4 -Jul -14 Fri 0.836 0.407 0.195 0.234 5 -Jul -14 Sat 0.884 0.432 0.188 0.264 6 -Jul -14 Sun 0.8 0.382 0.158 0.26 7 -Jul -14 Mon 0.681 0.308 0.126 0.247 8 -Jul -14 Tue 0.658 0.306 0.127 0.225 9 -Jul -14 Wed 0.636 0.29 0.123 0.223 10 -Jul -14 Thu 0.651 0.311 0.141 0.199 11 -Jul -14 Fri 0.797 0.366 0.173 0.258 12 -Jul -14 Sat 0.766 0.375 0.199 0.192 13 -Jul -14 Sun 0.711 0.348 0.141 0.222 14 -Jul -14 Mon 0.641 0.305 0.119 0.217 15 -Jul -14 Tue 0.624 0.291 0.124 0.209 16 -Jul -141 Wed 0.631 0.292 0.114 0.225 17 -Jul -14 Thu 0.676 0.302 0.121 0.253 18 -Jul -14 Fri 0.693 0.338 0.168 0.187 19 -Jul -14 Sat 0.806 0.404 0.188 0.214 20 -Jul -14 Sun 0.766 0.369 0.178 0.219 21 -Jul -14 Mon 0.622 0.279 0.163 0.18 22 -Jul -14 Tue 0.59 0.279 0.156 0.155 23 -Jul -14 Wed 0.599 0.25 0.12 0.229 24 -Jul -14 Thu 0.584 0.273 0.132 0.179 25 -Jul -14 Fri 0.622 0.275 0.165 0.182 26 -Jul -14 Sat 0.657 0.291 0.175 0.191 27 -Jul -14 Sun 0.666 0.314 0.184 0.168 28 -Jul -14 Mon 0.509 0.268 0.134 0.107 29 -Jul -14 Tue 0.675 0.275 0.152 0.248 30 -Jul -14 Wed 0.7671 0.3151 0.161 0.292 31 -Jul -14 Thu 0.6881 0.311 0.1461 0.232 AVG. 0.690 0.323 0.151 0.216 MAX 0.884 0.432 0.199 0.292 MIN 0.509 0.25 0.114 0.107 INFLUENT FLOWS UPPER FRASER VALLEY TREATMENT PLANT Date Day Influent MGD GCWS#1 Influent Flow WPR Influent Flow TOF Influent Flow 1 -Aug -14 Fri 0.699 0.311 0.119 0.269 2 -Aug -14 Sat 0.722 0.352 0.17 0.2 3 -Aug -14 Sun 0.671 0.314 0.178 0.179 4 -Aug -14 Mon 0.604 0.267 0.143 0.194 5 -Aug -14 Tue 0.589 0.27 0.161 0.158 6 -Aug -14 Wed 0.624 0.27 0.143 0.211 7 -Aug -14 Thu 0.653 0.296 0.142 0.215 8 -Aug -14 Fri 0.599 0.297 0.149 0.153 9 -Aug -14 Sat 0.677 0.334 0.175 0.168 10 -Aug -14 Sun 0.602 0.293 0.167 0.142 11 -Aug -14 Mon 0.515 0.25 0.149 0.116 12 -Aug -14 Tue 0.486 0.242 0.125 0.119 13 -Aug -14 Wed 0.475 0.228 0.11 0.137 14 -Aug -14 Thu 0.49 0.235 0.124 0.131 15 -Aug -14 Fri 0.579 0.251 0.122 0.206 16 -Aug -14 Sat 0.536 0.256 0.133 0.147 17 -Aug -14 Sun 0.515 0.245 0.139 0.131 18 -Aug -14 Mon 0.508 0.22 0.136 0.152 19 -Aug -14 Tue 0.508 0.217 0.106 0.185 20 -Aug -141 Wed 0.487 0.204 0.098 0.185 21 -Aug -14 Thu 0.437 0.217 0.108 0.112 22 -Aug -14 Fri 0.464 0.221 0.109 0.134 23 -Aug -14 Sat 0.488 0.232 0.11 0.146 24 -Aug -14 Sun 0.462 0.226 0.106 0.13 25 -Aug -14 Mon 0.42 0.198 0.086 0.136 26 -Aug -14 Tue 0.452 0.22 0.107 0.125 27 -Aug -14 Wed 0.475 0.203 0.1 0.172 28 -Aug -14 Thu 0.466 0.229 0.105 0.132 29 -Aug -14 Fri 0.491 0.237 0.127 0.127 30 -Aug -141 Sat 0.578 0.278 0.144 0.156 31 -Aug -141 Sun 0.622 0.294 0.173 0.155 AVG. 0.545 0.255 0.131 0.159 MAX 0.722 0.352 0.178 0.269 MIN 0.42 0.198 0.086 0.112 INFLUENT FLOWS UPPER FRASER VALLEY TREATMENT PLANT Date Day Influent MGD GCWS#1 Influent Flow WPR Influent Flow TOF Influent Flow 1 -Sep -14 Mon 0.535 0.244 0.136 0.155 2 -Sep -14 Tue 0.435 0.195 0.105 0.135 3 -Sep -14 Wed 0.415 0.184 0.095 0.136 4 -Sep -14 Thu 0.405 0.189 0.098 0.118 5 -Sep -14 Fri 0.473 0.2 0.116 0.157 6 -Sep -14 Sat 0.459 0.213 0.13 0.116 7 -Sep -14 Sun 0.439 0.201 0.131 0.107 8 -Sep -14 Mon 0.408 0.187 0.103 0.118 9 -Sep -14 Tue 0.477 0.209 0.149 0.119 10 -Sep -14 Wed 0.451 0.207 0.146 0.098 11 -Sep -14 Thu 0.406 0.199 0.137 0.07 12 -Sep -14 Fri 0.482 0.221 0.129 0.132 13 -Sep -14 Sat 0.458 0.201 0.147 0.11 14 -Sep -14 Sun 0.438 0.207 0.167 0.064 15 -Sep -14 Mon 0.398 0.174 0.122 0.102 16 -Sep -14 Tue 0.384 0.179 0.125 0.08 17 -Sep -14 Wed 0.392 0.167 0.105 0.12 18 -Sep -14 Thu 0.372 0.176 0.086 0.11 19 -Sep -14 Fri 0.402 0.193 0.086 0.123 20 -Sep -14 Sat 0.432 0.21 0.097 0.125 21 -Sep -14 Sun 0.525 0.239 0.143 0.143 22 -Sep -14 Mon 0.468 0.208 0.117 0.143 23 -Sep -14 Tue 0.412 0.181 0.122 0.109 24 -Sep -14 Wed 0.399 0.179 0.121 0.099 25 -Sep -14 Thu 0.393 0.172 0.106 0.115 26 -Sep -14 Fri 0.391 0.187 0.147 0.057 27 -Sep -14 Sat 0.455 0.216 0.141 0.098 28 -Sep -14 Sun 0.492 0.208 0.157 0.127 29 -Sep -14 Mon 0.524 0.222 0.215 0.087 30 -Sep -14 Tue 0.479 0.211 0.156 0.112 AVG. 0.440 0.199 0.128 0.113 MAX 0.535 0.244 0.215 0.157 MIN 0.372 0.167 0.086 0.057 Treatment Plant update: November 2014 • Pre -Treatment Facilities — Minor maintenance on equipment. • Secondary Treatment Facilities — Repairs to valves and pumps. We will lower the basins so that some repairs can be made. • Disinfection Facilities — Equipment is working well. The system will need a new set of bulbs in the coming months because of hours of use, the bulbs need to be replaced every 10,000 to 12,000 hours of use. • Solids Handling — We emptied one tank for inspection, digester #2, and found the stabilizer ring had broken away from the mixer blades because the threaded pins broke. The repairs are being made and should be completed the second week of November. • Equipment — The New Loader should be delivered before Thanksgiving • Chemical Building — The feeder is still causing us issues. The latest auger had to be replaced because of wear, this is the third replacement. A new auger attachment has been ordered. • Permit Requirements — The treatment plant was granted a permit modification for arsenic as we requested. This permit modification allows the plant to meet the State Health Dept. and EPA discharge limits for arsenic without any additional treatment cost. Please call if you have any questions 970 531-1230 Thank you, Joe Fuqua PO Box 370.1 Fraser, CO 80442 oFfice 970 726 5491 falx 970..7'26 5518 PUBLIC WORKS UPDATE (As of 11/12/2014 for 11/19 meeting) WATER— Triennial Lead & Copper water sample results came back all clear, basically a `thumbs -up' for another three years until we need to sample again. Annual water quality sampling is also taking place this month. ➢ Distribution valving reconfiguration completed on the North system, now operating per design. ➢ Work continuous on Mary's pond augmentation pond operations/maintenance agreement. ➢ Staff contracted with a firm to perform a comprehensive vibration, ultrasound and infrared assessment of our water system electrical & mechanical equipment such as pump & turbine motors and other equipment and devices to help identify issues that may need to be addressed to prevent unexpected failures. SANITARY SEWER— Continue to collect data with our sewer collections flow meters. ➢ Working on DOLA grant (Energy & Mining Impact dollars) for 2015 sewer line replacement projects. ➢ Reviewing criteria for the utility service line replacement incentive program. STREETS— Updating the snow management operations plan (SMOP) on the website and paper maps. ➢ Brochure in production with basic information and map about our ops plan for the public. ➢ Annual review and update of our design and construction standards. We'll be sending them out to developers and consultants for feedback. ➢ Training new operators for snow removal. ➢ Last week staff placed a load of 11/2 inch crushed rock along the shoulder of CR804 by the Holiday Inn Express bus stop area. GARDENER— ➢ See ya next season! GENERAL— Construction of the drainage channel through the upland areas (phase 1) of Cozens Ranch Open Space (CROS) was completed last week. Erosion control BMP's and hydro mulching are scheduled for this week. Phase 2 will be a part of the USACE wetlands permit, when issued, and work will commence in August 2015. ALL CURRENT WORK IS OUTSIDE OF THE WETLANDS, therefore no permit is required. ➢ Preparing to install seasonal decorations in advance of Thanksgiving week, weather permitting. Please contact mein advance of the meeting should you have questions. anordin(a-.town.fraser.co.us or 970-531-1844. n of IC:: uIT ,,;er Il3ox 370, II raser, CO 80442 office 970...91 fax 9...7...`1 TOWN OF FRASER COMBINED CASH INVESTMENT OCTOBER 31, 2014 COMBINED CASH ACCOUNTS 01-10200 GENERAL CHECKING #878-000884 212,867.30 01-10220 GENERAL CO -01-0160-8001 8,418,698.79 TOTAL COMBINED CASH 8,631,566.09 01-10100 CASH ALLOCATED TO OTHER FUNDS ( 8,631,566.09) TOTAL UNALLOCATED CASH .00 CASH ALLOCATION RECONCILIATION 10 ALLOCATION TO GENERAL FUND 2,869,179.34 20 ALLOCATION TO CONSERVATION TRUST FUND 5,170.66 30 ALLOCATION TO CAPITAL EQUIP REPLACEMENT FUND 454,483.58 32 ALLOCATION TO CAPITAL ASSET FUND 728,322.76 40 ALLOCATION TO DEBT SERVICE FUND 516,836.41 50 ALLOCATION TO WATER FUND 1,159,895.64 55 ALLOCATION TO WASTEWATER FUND 2,897,677.70 TOTAL ALLOCATIONS TO OTHER FUNDS 8,631,566.09 ALLOCATION FROM COMBINED CASH FUND - 01-10100 ( 8,631,566.09) ZERO PROOF IF ALLOCATIONS BALANCE .00 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 1 ASSETS 10-10100 CASH - COMBINED FUND 10-10290 CASH WITH TREASURER 10-11100 PROPERTY TAXES RECEIVABLE 10-11550 ACCTS REC - BILLINGS 10-12000 ALLOWANCE FOR DOUBTFUL ACCTS. 10-12500 FORFETURES DUE TOF FROM CCOERA 10-22920 TOTALASSETS LIABILITIES AND EQUITY 10-21730 STATE WITHHOLDING PAYABLE 10-21740 UNEMPLOYMENT TAXES PAYABLE 10-21760 HEALTH INSURANCE PAYABLE 10-21773 DEPENDENT CARE PAYABLE 10-21775 FLEX HEALTH PLAN PAYABLE 10-22210 DEFERRED TAXES 10-22920 SUBDIVISION IMP SECURITY DEP 10-22930 DRIVEWAY PERMIT SURETY TOTAL LIABILITIES 10-27000 RESFUND BAL -SAVINGS 10-27100 RESTRICTED FUND BALANCE UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES - YTD BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2014 GENERALFUND 2,869,179.34 ( 1,413.28) 195,916.00 53,869.85 ( 20,409.55) 3,095,032.94 3,429.00 279.16 ( 18,349.58) ( 2,031.82) ( 950.96) 195,916.35 17,454.00 212,871.15 750,000.00 221,805.00 1,910,356.79 1,910,356.79 2,882,161.79 3,095,032.94 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 2 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT TAXES 10-31-100 GENERAL FUND PROPERTY TAX 4,442.04 194,218.24 195,000.00 781.76 99.6 10-31-200 SPECIFIC OWNERSHIP TAX 837.10 8,251.21 8,500.00 248.79 97.1 10-31-300 MOTOR VEHICLE TAX 450.50 3,399.00 4,200.00 801.00 80.9 10-31-400 TOWN SALES TAX 134,432.41 1,170,880.70 1,650,000.00 479,119.30 71.0 10-31-410 USE TAX - BUILDING MATERIALS 15,089.77 164,977.91 55,000.00 ( 109,977.91) 300.0 10-31-420 USE TAX - MOTOR VEHICLE SALES 3,748.83 51,945.88 45,000.00 ( 6,945.88) 115.4 10-31-430 STATE CIGARETTE TAX 418.00 2,851.66 5,000.00 2,148.34 57.0 10-31-800 FRANCHISE FEES 8,415.92 39,488.71 49,000.00 9,511.29 80.6 10-34-130 TOTALTAXES 167,834.57 1,636,013.31 2,011,700.00 375,686.69 81.3 TOTAL FUND REVENUE 184,308.30 3,929,259.07 4,085,033.00 155,773.93 96.2 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 3 LICENSES & PERMITS 10-32-100 BUSINESS LICENSE FEES 80.00 13,340.00 12,000.00 ( 1,340.00) 111.2 10-32-110 REGULATED INDUSTRY FEES/TAXES 8,255.00 20,821.42 22,500.00 1,678.58 92.5 10-36-500 TOTAL LICENSES & PERMITS 8,335.00 34,161.42 34,500.00 338.58 99.0 10-36-610 CHARGES FOR SERVICES 3,879.37 179,175.55 50,000.00 ( 129,175.55) 358.4 10-34-100 ANNEXATION FEES .00 .00 1,000.00 1,000.00 .0 10-34-110 ZONING FEES .00 2,500.00 1,500.00 ( 1,000.00) 166.7 10-34-120 SUBDIVISION FEES .00 15,400.00 1,500.00 ( 13,900.00) 1026.7 10-34-130 MISCELLANEOUS PLANNING FEES 40.00 1,905.00 1,000.00 ( 905.00) 190.5 TOTAL CHARGES FOR SERVICES 40.00 19,805.00 5,000.00 ( 14,805.00) 396.1 TOTAL FUND REVENUE 184,308.30 3,929,259.07 4,085,033.00 155,773.93 96.2 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 3 MISCELLANEOUS REVENUE 10-36-100 INTEREST EARNINGS 282.36 2,612.89 3,500.00 887.11 74.7 10-36-300 RENTAL INCOME 1,950.00 10,200.00 8,000.00 ( 2,200.00) 127.5 10-36-500 SALE OF GENERAL FIXED ASSETS .00 6,163.00 .00 ( 6,163.00) .0 10-36-610 REIMBURSABLE - PROF SERVICES 3,879.37 179,175.55 50,000.00 ( 129,175.55) 358.4 10-36-900 MISCELLANEOUS REVENUE 1,987.00 32,018.23 35,000.00 2,981.77 91.5 TOTAL MISCELLANEOUS REVENUE 8,098.73 230,169.67 96,500.00 ( 133,669.67) 238.5 OTHER SOURCES & TRANSFERS 10-39-999 CARRYOVER BALANCE .00 2,009,109.67 1,937,333.00 ( 71,776.67) 103.7 TOTAL OTHER SOURCES & TRANSFERS .00 2,009,109.67 1,937,333.00 ( 71,776.67) 103.7 TOTAL FUND REVENUE 184,308.30 3,929,259.07 4,085,033.00 155,773.93 96.2 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 3 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT Tn\ARJ RnAPr) 10-41-110 SALARIES .00 12,240.00 26,000.00 13,760.00 47.1 10-41-220 FICA TAX .00 936.36 1,989.00 1,052.64 47.1 10-41-280 TRAINING PROGRAMS 85.00 7,337.93 2,000.00 ( 5,337.93) 366.9 10-41-290 TRAVEL, MEALS AND LODGING 180.10 4,089.67 5,000.00 910.33 81.8 10-41-295 MEALS AND ENTERTAINMENT .00 3,597.18 8,000.00 4,402.82 45.0 10-41-690 MISCELLANEOUS EXPENSE 281.25 1,106.25 3,000.00 1,893.75 36.9 10-41-860 GRANTS AND AID TO AGENCIES .00 1,000.00 .00 ( 1,000.00) .0 10-41-861 INTERGOVERNMENTAL AGREEMENTS .00 9,000.00 19,000.00 10,000.00 47.4 10-41-862 FRASER/WINTER PARK POLICE DEPT 33,849.00 338,490.00 412,080.00 73,590.00 82.1 10-41-863 STREET LIGHTING AND SIGNALS 1,281.81 12,252.14 14,500.00 2,247.86 84.5 10-41-864 SPECIAL EVENTS .00 10,000.00 20,000.00 10,000.00 50.0 10-41-867 CHAMBER OF COMMERCE - IGA .00 26,906.29 54,945.00 28,038.71 49.0 10-41-868 WINTER SHUTTLE - IGA .00 52,000.00 52,000.00 .00 100.0 10-41-870 BUSINESS DIST STREETSCAPE .00 3,216.64 5,000.00 1,783.36 64.3 10-41-871 BUSINESS ENHANCEMENT PROGRAMS .00 3,200.00 90,000.00 86,800.00 3.6 TOTAL TOWN BOARD 35,677.16 485,372.46 713,514.00 228,141.54 68.0 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 4 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 10-45-110 SALARIES 14,823.71 168,386.03 209,116.00 40,729.97 80.5 10-45-210 HEALTH INSURANCE .00 28,210.50 36,378.00 8,167.50 77.6 10-45-220 FICA TAX 1,069.46 12,098.06 15,997.00 3,898.94 75.6 10-45-230 RETIREMENT 582.18 6,403.98 8,365.00 1,961.02 76.6 10-45-250 UNEMPLOYMENT TAX 44.46 505.04 627.00 121.96 80.6 10-45-280 TRAINING PROGRAMS 790.00 2,586.30 2,500.00 ( 86.30) 103.5 10-45-290 TRAVEL, MEALS AND LODGING 1,344.56 8,957.56 3,000.00 ( 5,957.56) 298.6 10-45-295 MEALS AND ENTERTAINMENT 147.01 889.18 3,500.00 2,610.82 25.4 10-45-310 LEGAL FEES .00 35,495.73 50,000.00 14,504.27 71.0 10-45-320 AUDIT FEES .00 15,669.00 12,184.00 ( 3,485.00) 128.6 10-45-330 ENGINEERING FEES 639.76 1,677.84 5,000.00 3,322.16 33.6 10-45-360 COMPUTERS -NETWORKS AND SUPPORT 2,036.81 21,733.68 45,000.00 23,266.32 48.3 10-45-370 OTHER PROFESSIONAL SERVICES .00 50,329.00 105,000.00 54,671.00 47.9 10-45-375 REIMBURSABLE PROF SERVICES 1,824.00 158,430.65 50,000.00 ( 108,430.65) 316.9 10-45-380 JANITORIAL SERVICES 620.00 6,534.46 15,000.00 8,465.54 43.6 10-45-385 TREASURER'S FEES 88.84 3,884.37 5,850.00 1,965.63 66.4 10-45-395 RECORDING FEES .00 .00 1,000.00 1,000.00 .0 10-45-410 BANK CHARGES 39.20 564.70 800.00 235.30 70.6 10-45-420 ELECTIONS 349.60 918.72 5,000.00 4,081.28 18.4 10-45-430 INSURANCE - ALL DEPARTMENTS 33.00 16,930.49 50,000.00 33,069.51 33.9 10-45-440 ADVERTISING 82.72 334.19 2,500.00 2,165.81 13.4 10-45-490 PROFESSIONAL MEMBERSHIPS .00 6,194.12 7,000.00 805.88 88.5 10-45-500 OPERATING SUPPLIES 538.37 8,019.10 12,000.00 3,980.90 66.8 10-45-510 EQUIPMENT PURCHASE AND REPAIR .00 6,975.00 15,000.00 8,025.00 46.5 10-45-550 POSTAGE 268.00 820.40 1,500.00 679.60 54.7 10-45-560 UTILITIES -TELEPHONE 430.96 4,845.31 6,060.00 1,214.69 80.0 10-45-561 UTILITIES - NATURAL GAS 220.33 3,263.89 5,700.00 2,436.11 57.3 10-45-562 UTILITIES - ELECTRICITY 369.69 3,721.74 6,700.00 2,978.26 55.6 10-45-569 UTILITIES - TRASH REMOVAL 75.00 988.69 1,500.00 511.31 65.9 10-45-670 PROP MGMT - 117 EISENHOWER DR 718.10 8,220.64 12,000.00 3,779.36 68.5 10-45-671 PROP MGMT - 105 FRASER AVE .00 147.33 500.00 352.67 29.5 10-45-673 PROP MGMT - 153 FRASER AVE 747.24 23,377.21 23,000.00 ( 377.21) 101.6 10-45-674 PROP MGMT-200 EISENHOWER DR 1,072.31 1,124.31 500.00 ( 624.31) 224.9 10-45-676 PROP MGMT - 400 DOC SUSIE AVE 5.39 882.06 2,500.00 1,617.94 35.3 10-45-690 MISCELLANEOUS EXPENSE 8,500.00 9,500.00 7,500.00 ( 2,000.00) 126.7 10-45-810 LEASE/PURCHASE - PRINCIPAL .00 19,251.98 19,252.00 .02 100.0 10-45-820 LEASE/PURCHASE - INTEREST .00 19,121.78 19,122.00 .22 100.0 TOTAL ADMINISTRATION 37,460.70 656,993.04 766,651.00 109,657.96 85.7 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 5 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT PUBLIC WORKS 10-60-110 SALARIES 27,250.53 305,093.79 372,252.00 67,158.21 82.0 10-60-210 HEALTH INSURANCE .00 58,048.55 80,054.00 22,005.45 72.5 10-60-220 FICA TAX 1,941.09 21,684.17 28,477.00 6,792.83 76.2 10-60-230 RETIREMENT 869.43 10,653.42 14,890.00 4,236.58 71.6 10-60-250 UNEMPLOYMENTTAX 81.75 915.20 1,117.00 201.80 81.9 10-60-260 WORKERS COMP CLAIMS 189.52 189.52 .00 ( 189.52) .0 10-60-280 TRAINING PROGRAMS .00 990.00 1,000.00 10.00 99.0 10-60-290 TRAVEL, MEALS AND LODGING 16.24 175.22 1,000.00 824.78 17.5 10-60-295 MEALS AND ENTERTAINMENT 80.00 631.62 500.00 ( 131.62) 126.3 10-60-330 ENGINEERING FEES 2,832.00 16,317.63 60,000.00 43,682.37 27.2 10-60-360 COMPUTER NETWORK SUPPORT .00 .00 1,500.00 1,500.00 .0 10-60-370 OTHER PROFESSIONAL SERVICES 311.28 1,898.59 2,500.00 601.41 75.9 10-60-475 CONTRACT SNOW REMOVAL .00 440.00 .00 ( 440.00) .0 10-60-480 EQUIPMENT RENTAL .00 370.00 2,500.00 2,130.00 14.8 10-60-490 PROFESSIONAL MEMBERSHIPS .00 500.00 250.00 ( 250.00) 200.0 10-60-500 OPERATING SUPPLIES 9,033.21 59,210.60 70,000.00 10,789.40 84.6 10-60-506 PLANTS/PLANTER SUPPLIES 1,832.17 9,486.62 10,000.00 513.38 94.9 10-60-510 EQUIPMENT PURCHASE AND REPAIR 3,656.69 24,664.59 30,000.00 5,335.41 82.2 10-60-560 UTILITIES -TELEPHONE 199.89 1,197.44 2,700.00 1,502.56 44.4 10-60-561 UTILITIES - NATURAL GAS 204.14 3,788.69 6,000.00 2,211.31 63.1 10-60-562 UTILITIES - ELECTRICITY 148.34 1,410.54 2,500.00 1,089.46 56.4 10-60-569 UTILITIES - TRASH REMOVAL 137.56 1,149.09 2,100.00 950.91 54.7 10-60-670 PROP MGMT - 125 FRASER AVE 363.67 2,454.85 2,500.00 45.15 98.2 10-60-673 PROP MGMT - FRASER RIVER TRAIL .00 1,606.98 5,000.00 3,393.02 32.1 10-60-674 PROP MGMT - HWY 40 PEDESTRIAN .00 130.83 5,000.00 4,869.17 2.6 10-60-676 PROP MGMT - OLD SCHLHOUSE PK 564.02 3,370.33 500.00 ( 2,870.33) 674.1 10-60-679 PROP MGMT - SCHOOL BUS GARAGE 444.03 3,404.60 6,500.00 3,095.40 52.4 10-60-681 PROP MGMT - COZENS RANCH PARK 3,017.14 20,937.37 105,000.00 84,062.63 19.9 10-60-682 PROP MGMT - AMTRAK STATION .00 8.99 .00 ( 8.99) .0 10-60-684 PROP MGMT - FRODO .00 .00 10,000.00 10,000.00 .0 10-60-685 MOUNTAIN MAN PARK .00 .00 500.00 500.00 .0 10-60-686 GORANSON STATION 418.97 27,091.74 15,000.00 ( 12,091.74) 180.6 10-60-690 MISCELLANEOUS EXPENSE 741.34 1,357.82 1,200.00 ( 157.82) 113.2 10-60-725 STREET IMPROVEMENTS 2,092.30 35,275.31 75,000.00 39,724.69 47.0 TOTAL PUBLIC WORKS 56,425.31 614,454.10 915,540.00 301,085.90 67.1 120 ZEREX AVENUE 10-65-370 OTHER PROFESSIONAL SERVICES .00 .00 10,000.00 10,000.00 .0 10-65-380 JANITORIAL SERVICES 400.00 3,971.09 5,500.00 1,528.91 72.2 10-65-560 UTILITIES - TELEPHONE .00 458.35 500.00 41.65 91.7 10-65-561 UTILITIES - NATURAL GAS 61.13 917.60 1,500.00 582.40 61.2 10-65-562 UTILITIES - ELECTRICITY 55.83 663.92 1,000.00 336.08 66.4 10-65-670 PROP MGMT - 120 ZEREX 5,365.84 8,698.72 8,000.00 ( 698.72) 108.7 TOTAL 120 ZEREX AVENUE 5,882.80 14,709.68 26,500.00 11,790.32 55.5 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 6 TRANSFERS 10-90-940 TRANSFER TO DEBT SERVICE FUND TOTALTRANSFERS 10-95-110 SALARIES 10-95-210 HEALTH INSURANCE 10-95-220 FICA TAX 10-95-230 RETIREMENT 10-95-250 UNEMPLOYMENT TAX 11101/_10;16107_1 W-1w=I011 TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT .00 247,373.00 247,373.00 .00 100.0 .00 247,373.00 247,373.00 .00 100.0 ( 6,501.28) .00 .00 .00 .0 ( 3,077.39) .00 .00 .00 .0 ( 459.32) ( 19.88) .00 19.88 .0 ( 260.05) .00 .00 .00 .0 ( 19.51) 19.88 .00 ( 19.88) .0 ( 10,317.55) .00 .00 .00 .0 125,128.42 2,018,902.28 2,669,578.00 650,675.72 75.6 59,179.88 1,910,356.79 1,415,455.00 ( 494,901.79) 135.0 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 7 TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2014 CONSERVATION TRUST FUND ASSETS 20-10100 CASH -COMBINED FUND TOTALASSETS LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES - YTD 5,170.66 BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 5,170.66 5,170.66 5,170.66 5,170.66 5,170.66 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 8 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 20-30-100 CONS TRUST (LOTTERY) PROCEEDS .00 4,271.84 6,100.00 1,828.16 70.0 20-30-800 INTEREST EARNINGS .82 5.64 10.00 4.36 56.4 20-30-999 CARRYOVER BALANCE .00 893.18 402.00 ( 491.18) 222.2 TOTAL REVENUE .82 5,170.66 6,512.00 1,341.34 79.4 TOTAL FUND REVENUE .82 5,170.66 6,512.00 1,341.34 79.4 NET REVENUE OVER EXPENDITURES .82 5,170.66 6,512.00 1,341.34 79.4 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 9 TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2014 CAPITAL EQUIP REPLACEMENT FUND ASSETS 30-10100 CASH -COMBINED FUND TOTALASSETS LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES - YTD 454,483.58 BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 454,483.58 454,483.58 454,483.58 454,483.58 454,483.58 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 10 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 30-30-100 HWY USE TAX PROCEEDS 4,113.08 33,887.80 44,594.00 10,706.20 76.0 30-30-800 INTEREST EARNINGS 43.48 462.96 300.00 ( 162.96) 154.3 30-30-920 TRANSFER FROM UTILITY FUNDS .00 20,000.00 20,000.00 .00 100.0 30-30-999 CARRYOVER BALANCE .00 470,585.69 470,019.00 ( 566.69) 100.1 TOTAL REVENUE 4,156.56 524,936.45 534,913.00 9,976.55 98.1 TOTAL FUND REVENUE 4,156.56 524,936.45 534,913.00 9,976.55 98.1 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 11 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 12 EXPENDITURES 30-40-750 REGULAR FLEET PURCHASE .00 25,035.00 .00 ( 25,035.00) .0 30-40-755 HEAVY EQUIPMENT PURCHASE .00 .00 50,000.00 50,000.00 .0 30-40-810 LEASE/PURCHASE - PRINCIPAL .00 40,938.26 40,938.00 ( .26) 100.0 30-40-820 LEASE/PURCHASE - INTEREST .00 4,479.61 4,480.00 .39 100.0 TOTAL EXPENDITURES .00 70,452.87 95,418.00 24,965.13 73.8 TOTAL FUND EXPENDITURES .00 70,452.87 95,418.00 24,965.13 73.8 NET REVENUE OVER EXPENDITURES 4,156.56 454,483.58 439,495.00 ( 14,988.58) 103.4 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 12 TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2014 CAPITAL ASSET FUND ASSETS 32-10100 CASH -COMBINED FUND TOTALASSETS LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 32-29810 RESERVED FOR STREETS -EXIST 97,665.66 REVENUE OVER EXPENDITURES - YTD 630,657.10 BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 728,322.76 728,322.76 728,322.76 728,322.76 728,322.76 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 13 CAPITAL ASSET REVENUE 32-30-100 RESERVED FOR FUTURE USE 32-30-800 INTEREST EARNINGS 32-30-999 CARRYOVER FUND BALANCE TOTAL CAPITAL ASSET REVENUE TOTAL FUND REVENUE TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT .00 728,120.00 2,250,000.00 1,521,880.00 32.4 71.37 374.19 5.00 ( 369.19) 7483.8 .00 6,217.99 .00 ( 6,217.99) .0 71.37 734,712.18 2,250,005.00 1,515,292.82 32.7 71.37 734,712.18 2,250,005.00 1,515,292.82 32.7 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 14 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT CAPITAL ASSET EXPENDITURES 32-40-810 CAPITAL PROJ- STREETS EXISTING 32-40-815 CAPITAL PROJ - STREETS NEW TOTAL CAPITAL ASSET EXPENDITURES TOTAL FUND EXPENDITURES NET REVENUE OVER EXPENDITURES .00 6,217.99 .00 ( 6,217.99) .0 3,770.00 97,837.09 2,250,000.00 2,152,162.91 4.4 3,770.00 104,055.08 2,250,000.00 2,145,944.92 4.6 3,770.00 104,055.08 2,250,000.00 2,145,944.92 4.6 ( 3,698.63) 630,657.10 5.00 ( 630,652.10) 12613 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 15 ASSETS 40-10100 CASH -COMBINED FUND 40-10290 CASH WITH TREASURER 40-11100 PROPERTY TAXES RECEIVABLE TOTALASSETS LIABILITIES AND EQUITY 40-22210 DEFERRED PROPERTY TAXES TOTAL LIABILITIES FUND EQUITY 40-27000 RESFUND BAL-1 YEARS PAYMENT 40-27100 RESTRICTED FUND BALANCE UNAPPROPRIATED FUND BALANCE: REVENUE OVER EXPENDITURES - YTD BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2014 DEBT SERVICE FUND 516,836.41 ( 577.26) 80,000.00 80,000.00 300,000.00 116,732.14 99,527.01 99,527.01 516,259.15 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 16 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 40-30-100 PROPERTY TAX 1,814.25 79,324.39 80,000.00 675.61 99.2 40-30-200 SPECIFIC OWNERSHIP TAX 341.89 3,334.28 3,000.00 ( 334.28) 111.1 40-30-800 INTEREST EARNINGS 50.04 494.37 250.00 ( 244.37) 197.8 40-30-910 TRANSFER IN FROM GENERAL FUND .00 247,373.00 247,373.00 .00 100.0 TOTAL REVENUE 2,206.18 330,526.04 330,623.00 96.96 100.0 TOTAL FUND REVENUE 2,206.18 330,526.04 330,623.00 96.96 100.0 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 17 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 40-40-385 TREASURER'S FEES GO BOND 36.29 1,586.53 2,000.00 413.47 79.3 40-40-810 BOND PRINCIPAL - 02 S&U ISSUE .00 25,000.00 25,000.00 .00 100.0 40-40-811 BOND PRINCIPAL - 98 GO ISSUE .00 .00 40,000.00 40,000.00 .0 40-40-812 BOND PRINCIPAL - 98 S&U ISSUE .00 170,000.00 170,000.00 .00 100.0 40-40-820 BOND INTEREST - 02 S&U ISSUE .00 3,850.00 7,013.00 3,163.00 54.9 40-40-821 BOND INTEREST - 98 GO ISSUE .00 4,837.50 9,676.00 4,838.50 50.0 40-40-822 BOND INTEREST - 98 S&U ISSUE .00 24,975.00 45,360.00 20,385.00 55.1 40-40-850 BOND AGENT FEES .00 750.00 2,500.00 1,750.00 30.0 40-40-910 TRANSFER TO DSF RESERVES .00 .00 29,074.00 29,074.00 .0 TOTAL EXPENDITURES 36.29 230,999.03 330,623.00 99,623.97 69.9 TOTAL FUND EXPENDITURES 36.29 230,999.03 330,623.00 99,623.97 69.9 NET REVENUE OVER EXPENDITURES 2,169.89 99,527.01 .00 ( 99,527.01) .0 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 18 ASSETS 50-10100 CASH - COMBINED FUND 50-10290 CASH W/TREASURER - COLLECTIONS 50-11500 A/R CUSTOMER SERVICE CHARGES 50-16100 LAND 50-16200 BUILDINGS 50-16203 WELLS SYSTEM 50-16212 WATER DISTRIBUTION/STORAGE 50-16213 WELLS 50-16400 EQUIPMENT 50-16500 WATER RIGHTS 50-17900 ACCUMULATED DEPRECIATION 50-17901 ACCUMULATED DEPR - BLDGS& IMPR 50-17902 ACCUMULATED DEPR - SYSTEM&IMPR TOTALASSETS LIABILITIES AND EQUITY LIABILITIES 50-21100 ACCRUED PTO AND BENEFITS 50-22910 ROAD CUT SURITY FEES TOTAL LIABILITIES 50-27000 RESERVED FUND BALANCE UNAPPROPRIATED FUND BALANCE: 50-29800 RETAINED EARNINGS REVENUE OVER EXPENDITURES - YTD BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2014 WATER FUND 1,159,895.64 7,503.96 12,888.59 100,000.00 2,928,912.49 768,371.74 9,845,211.82 1,076,740.43 353,994.02 19,775.86 ( 3,542,825.67) ( 72,684.00) 1 inn ❑An nm 4,114.74 4,400.00 8,514.74 460,000.00 11,176,957.39 711, 772.75 11,888,730.14 12 ,348, 730.14 11 OGS OAA 44 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 19 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT FEES & TAXES 50-31-200 FRASER FIRMING REVENUE TOTAL FEES & TAXES LICENSES & PERMITS 50-32-100 EXCAVATION PERMIT FEES TOTAL LICENSES & PERMITS CHARGES FOR SERVICES 50-34-100 CUSTOMER SERVICE CHARGES 50-34-150 PENALTIES & INTEREST 50-34-200 PLANT INVESTMENT FEES 50-34-300 WATER METER SALES 1,548.90) TOTAL CHARGES FOR SERVICES 12,214.68 MISCELLANEOUS REVENUE 50-36-100 INTEREST EARNINGS 50-36-900 MISCELLANEOUS REVENUE 75.00) TOTAL MISCELLANEOUS REVENUE .00 OTHER SOURCES & TRANSFERS 50-39-999 CARRYOVER BALANCE 75.00) TOTAL OTHER SOURCES & TRANSFERS 76.7 TOTAL FUND REVENUE ( 18.82) 37,785.32 722,080.00 50,000.00 12,214.68 75.6 ( 18.82) 37,785.32 1,548.90) 50,000.00 12,214.68 75.6 .00 275.00 .0 200.00 ( 75.00) 137.5 .00 275.00 1,821.11 200.00 ( 75.00) 137.5 22.76 543,346.88 722,080.00 178,733.12 75.3 1,784.35 2,548.90 1,000.00 ( 1,548.90) 254.9 .00 .00 8,000.00 8,000.00 .0 14.00 14,890.35 500.00 ( 14,390.35) 2978.1 1,821.11 560,786.13 731,580.00 170,793.87 76.7 105.83 50.00 935.14 4,106.00 1,000.00 2,500.00 ( 64.86 1,606.00) 93.5 164.2 155.83 5,041.14 3,500.00 ( 1,541.14) 144.0 .00 573,820.00 438,348.00 ( 135,472.00) 130.9 .00 573,820.00 438,348.00 ( 135,472.00) 130.9 1,958.12 1,177,707.59 1,223,628.00 45,920.41 96.3 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 20 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 50-40-110 SALARIES 12,014.12 120,304.62 173,250.00 52,945.38 69.4 50-40-210 HEALTH INSURANCE .00 17,861.38 33,600.00 15,738.62 53.2 50-40-220 FICA TAX 881.28 8,776.80 13,254.00 4,477.20 66.2 50-40-230 RETIREMENT 334.93 3,513.40 6,930.00 3,416.60 50.7 50-40-250 UNEMPLOYMENT TAX 36.09 356.57 520.00 163.43 68.6 50-40-280 TRAINING PROGRAMS 290.00 400.00 3,000.00 2,600.00 13.3 50-40-290 TRAVEL, MEALS AND LODGING .00 20.00 3,000.00 2,980.00 .7 50-40-295 MEALS AND ENTERTAINMENT .00 87.17 2,000.00 1,912.83 4.4 50-40-310 LEGAL FEES 3,728.93 35,343.33 85,000.00 49,656.67 41.6 50-40-330 ENGINEERING FEES 11,680.00 23,089.50 60,000.00 36,910.50 38.5 50-40-360 COMPUTERS -NETWORKS AND SUPPORT 200.00 3,762.67 10,000.00 6,237.33 37.6 50-40-370 OTHER PROFESSIONAL SERVICES 26.77 22,116.99 5,000.00 ( 17,116.99) 442.3 50-40-410 BANK CHARGES .00 28.00 .00 ( 28.00) .0 50-40-430 INSURANCE .00 14,584.16 25,000.00 10,415.84 58.3 50-40-440 ADVERTISING .00 46.31 500.00 453.69 9.3 50-40-460 SYSTEM REPAIR AND MAINT - PROD 122.00 7,191.38 70,000.00 62,808.62 10.3 50-40-465 SYSTEM REPAIR AND MAINT - DIST 5,765.57 12,614.83 45,000.00 32,385.17 28.0 50-40-490 PROFESSIONAL MEMBERSHIPS .00 2,215.00 8,000.00 5,785.00 27.7 50-40-500 OPERATING SUPPLIES -PRODUCTION 2,604.95 11,769.22 25,000.00 13,230.78 47.1 50-40-505 OPERATING SUPPLIES-DISTRIB 84.34 15,021.86 25,000.00 9,978.14 60.1 50-40-510 EQUIPMENT PURCHASE AND REPAIR .00 1,508.18 12,000.00 10,491.82 12.6 50-40-520 TESTING 405.00 2,910.20 5,000.00 2,089.80 58.2 50-40-550 POSTAGE & BILLING SUPPLIES 300.00 1,186.75 3,500.00 2,313.25 33.9 50-40-560 UTILITIES - TELEPHONE 315.54 2,418.79 3,500.00 1,081.21 69.1 50-40-562 UTILITIES - ELECTRICITY 2,241.83 24,242.88 50,000.00 25,757.12 48.5 50-40-670 PROP MGMT - FRASER WTP .00 43.23 5,000.00 4,956.77 .9 50-40-680 PROP MGMT - MARYVALE WTP .00 43.23 5,000.00 4,956.77 .9 50-40-690 MISCELLANEOUS EXPENSE .00 424.99 2,000.00 1,575.01 21.3 50-40-715 WATER RIGHTS - DIVERSION & DEV .00 6,791.40 35,000.00 28,208.60 19.4 50-40-730 CAPITAL PROJECTS .00 17,262.00 160,000.00 142,738.00 10.8 50-40-760 FRASER FIRMING - CAPPROJ .00 .00 50,000.00 50,000.00 .0 50-40-930 TRANSFER TO CERF .00 10,000.00 10,000.00 .00 100.0 50-40-970 TRANSFER TO RESERVES .00 100,000.00 100,000.00 .00 100.0 TOTAL EXPENDITURES 41,031.35 465,934.84 1,035,054.00 569,119.16 45.0 TOTAL FUND EXPENDITURES 41,031.35 465,934.84 1,035,054.00 569,119.16 45.0 NET REVENUE OVER EXPENDITURES ( 39,073.23) 711,772.75 188,574.00 ( 523,198.75) 377.5 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 21 TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2014 WASTEWATER FUND ASSETS 55-10100 CASH - COMBINED FUND 55-10290 CASH W/TREASURER - COLLECTIONS 55-11500 A/R CUSTOMER SERVICE CHARGES 55-15950 CAP REPL RES HELD W/JFOC 55-15955 O&M RESERVE HELD W/JFOC 55-16100 LAND 55-16200 SEWER TREATMENT PLANT 55-16210 METER BUILDING & IMPROVEMENTS 55-16220 SEWER COLLECTION SYSTEM 55-16250 CONSOLIDATED COLLECTION SYSTEM 55-16400 EQUIPMENT 55-17900 ACCUMULATED DEPRECIATION 55-17905 ACCUM DEPR - PLANT/JFOC 55-17910 ACCUM DEPR - SEWER COLLECT-FSD 55-17915 ACCUM DEPR-EQUIPMENT TOTALASSETS LIABILITIES AND EQUITY LIABILITIES 55-21100 ACCRUED PTO AND BENEFITS TOTAL LIABILITIES UNAPPROPRIATED FUND BALANCE: 55-29800 RETAINED EARNINGS 10,411,720.88 55-29820 RETAINED EARNINGS - RESTRICTED 861,321.23 REVENUE OVER EXPENDITURES - YTD 2,913,250.52 BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 2,897,677.70 6,343.89 15,971.94 815,582.23 45,739.00 144,320.40 3,305,761.56 8,056.39 10,816,277.19 279,069.00 37,385.17 ( 801,376.42) ( 45,347.52) ( 3,296,176.72) 6,743.29 14,193, 035.92 6,743.29 14,186, 292.63 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 22 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT LICENSES & PERMITS 55-32-100 EXCAVATION PERMIT FEES TOTAL LICENSES & PERMITS CHARGES FOR SERVICES 55-34-100 CUSTOMER SERVICE CHARGES 55-34-150 PENALTIES & INTEREST 55-34-200 PLANT INVESTMENT FEES 325.00 TOTAL CHARGES FOR SERVICES 325.00) MISCELLANEOUS REVENUE 55-36-100 INTEREST EARNINGS 55-36-500 JFF MANAGEMENT FEE 74.8 250.4 1600.0 TOTAL MISCELLANEOUS REVENUE 630,377.51 OTHER SOURCES & TRANSFERS 57,178.49 55-39-999 CARRYOVER BALANCE TOTAL OTHER SOURCES & TRANSFERS TOTAL FUND REVENUE .00 325.00 .00 ( 325.00) .0 .00 325.00 .00 ( 325.00) .0 ( 188.00) 652.57 .00 507,873.40 2,504.11 120,000.00 679,056.00 1,000.00 ( 7,500.00 ( 171,182.60 1,504.11) 112,500.00) 74.8 250.4 1600.0 464.57 630,377.51 687,556.00 57,178.49 91.7 268.25 .00 2,569.36 21,750.00 2,500.00 ( 29,000.00 69.36) 7,250.00 102.8 75.0 268.25 24,319.36 31,500.00 7,180.64 77.2 .00 2,699,802.00 2,624,986.00 ( 74,816.00) 102.9 .00 2,699,802.00 2,624,986.00 ( 74,816.00) 102.9 732.82 3,354,823.87 3,344,042.00 ( 10,781.87) 100.3 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:19PM PAGE: 23 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 10 MONTHS ENDING OCTOBER 31, 2014 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 55-40-110 SALARIES 13,626.44 152,493.25 178,500.00 26,006.75 85.4 55-40-210 HEALTH INSURANCE .00 21,954.10 28,560.00 6,605.90 76.9 55-40-220 FICA TAX 1,003.51 11,227.84 13,655.00 2,427.16 82.2 55-40-230 RETIREMENT 408.43 4,817.66 7,140.00 2,322.34 67.5 55-40-250 UNEMPLOYMENT TAX 40.84 452.07 536.00 83.93 84.3 55-40-280 TRAINING PROGRAMS .00 .00 2,000.00 2,000.00 .0 55-40-290 TRAVEL, MEALS AND LODGING .00 .00 2,000.00 2,000.00 .0 55-40-295 MEALS AND ENTERTAINMENT .00 81.67 1,000.00 918.33 8.2 55-40-310 LEGAL FEES .00 22,814.40 5,000.00 ( 17,814.40) 456.3 55-40-330 ENGINEERING FEES .00 2,702.75 10,000.00 7,297.25 27.0 55-40-360 COMPUTERS -NETWORKS AND SUPPORT 200.00 2,192.33 6,000.00 3,807.67 36.5 55-40-370 OTHER PROFESSIONAL SERVICES 26.78 21,006.80 10,000.00 ( 11,006.80) 210.1 55-40-410 BANK CHARGES .00 .00 100.00 100.00 .0 55-40-430 INSURANCE .00 5,860.12 6,000.00 139.88 97.7 55-40-440 ADVERTISING .00 .00 500.00 500.00 .0 55-40-460 SYSTEM REPAIR AND MAINT-COLLEC 1,544.65 50,493.84 160,000.00 109,506.16 31.6 55-40-490 PROFESSIONAL MEMBERSHIPS .00 1,185.00 6,000.00 4,815.00 19.8 55-40-500 OPERATING SUPPLIES -COLLECTIONS 36.95 519.72 5,000.00 4,480.28 10.4 55-40-510 EQUIPMENT PURCHASE AND REPAIR 115.90 617.90 2,500.00 1,882.10 24.7 55-40-520 TESTING .00 .00 1,000.00 1,000.00 .0 55-40-550 POSTAGE & BILLING SUPPLIES 300.00 1,157.00 2,500.00 1,343.00 46.3 55-40-560 UTILITIES - TELEPHONE 21.20 212.08 500.00 287.92 42.4 55-40-650 WW TREATMENT CHARGES/JFOC 11,614.69 114,532.82 204,002.00 89,469.18 56.1 55-40-690 MISCELLANEOUS EXPENSE .00 65.00 3,000.00 2,935.00 2.2 55-40-730 CAPITAL PROJECTS .00 .00 60,000.00 60,000.00 .0 55-40-740 CAPITAL PURCHASES .00 17,187.00 .00 ( 17,187.00) .0 55-40-930 TRANSFER TO CERF .00 10,000.00 10,000.00 .00 100.0 TOTAL EXPENDITURES 28,939.39 441,573.35 725,493.00 283,919.65 60.9 TOTAL FUND EXPENDITURES 28,939.39 441,573.35 725,493.00 283,919.65 60.9 NET REVENUE OVER EXPENDITURES ( 28,206.57) 2,913,250.52 2,618,549.00 ( 294,701.52) 111.3 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:20PM PAGE: 24 TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2014 GENERAL FIXED ASSETS ASSETS 91-16100 LAND 730,630.35 91-16200 ADMINISTRATION BUILDING 208,379.39 91-16203 MAINTENANCE BUILDING 57,722.51 91-16208 HOUSE - 400 DOC SUSIE AVE 54,839.27 91-16209 VISITOR CENTER 183,895.00 91-16211 BUSBARN & 105 FRASER AVE HOUSE 100,000.00 91-16250 CHURCH 267,000.00 91-16306 PARKS 367,800.08 91-16311 STREET IMPROVEMENTS 3,439,840.00 91-16312 HIGHWAY 40 PATH 8,872.00 91-16490 EQUIPMENT - OTHER 872,015.00 91-16500 OFFICE EQUIPMENT 57,261.75 91-17900 ACCUMULATED DEPRECIATION ( 2,260,048.61) TOTALASSETS LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 91-29800 INVESTMENT IN FIXED ASSETS 4,088,206.74 BALANCE - CURRENT DATE TOTAL FUND EQUITY TOTAL LIABILITIES AND EQUITY 4,088,206.74 4,088,206.74 4,088,206.74 4,088,206.74 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:20PM PAGE: 25 ASSETS 95-18100 AMOUNT TO BE PROVIDED TOTALASSETS LIABILITIES AND EQUITY LIABILITIES TOWN OF FRASER BALANCE SHEET OCTOBER 31, 2014 GENERAL LONG-TERM DEBT 3,131,161.31 95-25050 2002 SERIAL BONDS 360,000.00 95-25060 1998 REVENUE REFUNDING BONDS 2,035,000.00 95-25070 1998 GENERAL OBLIGATION BONDS 475,000.00 95-25200 ACCRUED COMPENSATED ABSENCES 15,677.17 95-25500 CAPITAL LEASES KOMATSU LOADER 245,484.14 TOTAL LIABILITIES TOTAL LIABILITIES AND EQUITY 3,131,161.31 3,131,161.31 3,131,161.31 FOR ADMINISTRATION USE ONLY 83 % OF THE FISCAL YEAR HAS ELAPSED 11/12/2014 07:20PM PAGE: 26 T N c I p; oo �o w 00 � Ln d; �o m 00 vm, O 0; E Ln m rn rn rn rnWA rn rn rn rn 0 m 0 0 �1 W; p O O_ d' 'R N Iq Ln I r1 Iq r4 r� r*f Iq M 'R r4 r� d'. 7L > _A Q tD lS) 4f7 4f7 Ofd Ofd kD kD Ofd kD Ln a to ? �n to C p O m 00 0 0 0 0 0 0 0 0 O O_ NN r� O M VI O r\ -i N M 7k > 7 w A £ r` N to M N N N M Ql VI V N J W Q J >'on O M inO VI lD Ln N Ln 't O r� O N O M O 't Ln -i ui C7 £ cc, N M M Q� £ 0 N M M N N N N Ln y p ti O M 7 � w b>a W Oaj J Q M M QT 00 N N 0 ? 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N N N N Nm VI VI N N N J bA � rl O 0 M to m N to O to O to O cY .-7 0 O a>nE 000000000 Q m J m N 1^N v � � rj M N M N n N O N n N V1 N N N 'DLn N > E i i s __ i s a s s p o z v o a H O to to m m qn O O in N m G0 a W h d; d' tD 0 0 Cn O 7 IE -I irj N O irj rj N id' tri L w o z CIO ~Q F' J lD V1 (P C ? n bA O N VI O l�D M lD 7 D E N 00 O0. Dl r� tD O2 tD Mn Mn w O W M V t in iT+ UOOA a Q n Sf' O N a)Q1 -i 6 to d' O un ti N N ti Li ri m u cmi "N" 3' i o\° '> Q O O] 'It d' ID t4\9 r" 00 H 44\D N N IN N 4D IV] M N IN rl Em 73 a *fest ni GRANBY. COLORADO STATE CSF CO L 0 R 1st Vi0 COUNTY OF GRAND 1, Patrick R Brower, do solenudy swear that I am the publisher of the Winter Park Manitimt, that the. same is a weekly newspaper printed, is whole or in part, and pulYlib-hed in the County of Grand, State of Colowdo, and Iia:; a goneral circulation therein, that said newspaper has been published continuously and uninterruptedly in said County of Grand for a peI-jod of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisernenL, that said newspaper has been admitted to the United State -s mail as sacxmd-class matter under the provisions of the act of March 3, 1979, or any amendment thereof, and that said newspaper is a weekly new paper duly qualified for publishing legal notivm and advertisements within the meania" of the laws of the, State of Colorado. That the annexed legail notice: of advertiNelne,nt was published in the regular and entire issue of every number of said weekly newspaper forth: period of . . . . . . ............ ......... ..... ......... . consecutive insertions; and that the First publication of said notice was in the issue of said ncwapaper dated .r Di Viand that the last publication of said notice was in the, issue of mnArspapxr dated L In witness whereof I have hereunto set tray hand this day ot-Y7.T' A.D. . . . ............... ..... . ..... Publisher. Subscribed and sworn to before, me, a notary publip,,in .4rid for the County of Grand,,State of Colorado this MY C=Missn Expiros SWt> '28, 200P M,FVW,z Of A"Voc Htmwm M"S't Oak e 'Wretkia n ""MIAS Wdl b- hold b%rom th,,row. a ha. th'�ir _ " $�ftdf -WAdrio d mft"U'slo wtdrmdal_ Awd W 10(* at 6�u P"a 0 theaftM $toam atter flim r i`NO kt 193 FT&IIII 0*4w. eta WM(&dr Amend-eftu to too aftmenty ser&x. 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