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Home My Public Portal AboutTBP 1997-02-19 " -" . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue FrMer, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 TOWN BOARD AGENDA REGULAR MEETING FEBRUARY 19, 1997,7:30 p.m. 1. Roll call 2. Approval of 2/05/97 minutes 3. Open Forum a) Jerry Orban 4. Action Items J!f Resolution 2-2-97, a resolution accepting a gift from Colorado Community First State Bank and placing said gift in escrow until a Community Development corporation~d. 1/l- b) Resoluti- , a resolution accepting a gift from Matt Gold and transferring the gift to the Community Development Corporation upon its formation. J1 A motion to create a Community Development Corporation (CDC) with bylaws to approved by the Town of Fraser and Colorado Community First State Bank. Any cost associated with the formation of the CDC will be repaid to the Town of Fraser. 2 -? -1 ':t d) Resolution 2dr47, a resolution amending Town of Fraser Resolution 8-1-96, by extending the deadline for review of the proposed Maryvale Residential Metropolitan District Service Plan. OR ~~~~~~l1~ale Resl ntl etr 0 Ita Istnct Ice Plan. '2-- 4''1:1 e) Resolution~, a resolution amending Town of Fraser Resolution 8-2-96, by extending tfie deadline for review of the proposed Maryvale Commercial Metropolitan District Service Plan. OR Resolutiofl2-6-~~ Coml-rl etro I' D' . ct Selv an. ýÿ ~ " . . 2-- ,-11 f) Resolution~, a resolution approving the lease-purchase of a front-end loader. g) A motion to approve the purchase of a new dump truck with a fifteen foot snow box in an amount not to exceed $32,729. 6. Discussion Items a) Proposed amendments to regulations governing business and commercial zones or districts. b) Maryvale updates: L}) Proposed minor amendments to the PDD (the Urban deal). 2) Update on the negotiations for the purchase ofPA 28. c) Water system improvements update and discussion. 7. Staff Choice ~'4.1 ~i.kl;..." wCl'llc.&kop a) Item s~ ~A'~ l...., cotlec.oh'-' b) Other ~ ~ C~? ~ I/Mt~. 8. ~(lr6d ~~~" Board Member's Choice c..fl. i Uiti'1itle.t Cow. 9. Request for Executive Session to discuss three items relating to negotiations. ~biCl,:, ~V; ~t~~ Upcoming Meetings February 26th: Planning Commission regular meeting March 5th: Town Board regular meeting March 19th: Town Board regular meeting . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 TOWN BOARD AND PLANNING COMMISSION JOINT WORKSHOP FEBRUARY 19, 1997,6:00 p.m. 1. Discussion on the draft copy of the Grand County Strategic Growth Plan. 2. 7:00 Town Board interview of Planning Commission applicant Jesse Clark. ýÿ ! . . ! TOWN OF FRASER "Icebox of the Nation" P.O. Box 120 / 153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 Manager's Briefing, 2/15/97 Big, Big, Big, night on Wednesday -- a lot of action items. We'll start the night at 6:00 with supper and the Planning Commission, we'll first be discussing the draft copy of the Grand County Strategic Growth Plan and then you'll interview Jesse Clark for the Planning Commission vacancy. During the regular meeting, Jerry Orban will be present to discuss the Town's three mile annexation plan and some other thoughts he has. During the "Action Items" section of the agenda, you will be asked to accept gifts derived from Colorado Community First's sale of the Village at Winter Park Ranch property. There are two gifts that the town will be receiving: $200,000 from Colorado Community First that came from the sale of the parcel to Safeway and $125,000 from Matt Gold who purchased the "Barn Store" and "Cactus Needle" property. More on these gifts: The Bank's gift is not actually for the Town -- it is intended for an as-of-yet unformed Community Development Corporation (CDC) and the Bank is asking that the Town hold the $200,000 in escrow until the CDC is formed. Upon formation of the non-profit CDC (which will include the adoption of bylaws and the appointment ofa Board of Directors) the Town will be required to transfer this $200,000 to the CDC. Matt Gold's gift holds no stipulations (other than $25,000 of this money is designated as a gift to the Friends of the Fraser Valley Library). However, staff is recommending that the Town also transfer this $100,000 to the CDC. Mr. Gold's gift has been submitted as 100,000 shares ofthe Common Stock of Precision Standard, Inc., a stock publicly traded on the NASDAQ stock index. 80,000 shares of this stock are for the Town and 20,000 shares are for the Library. Because of the nature of the stock, we have been advised that we should retain a stock broker who will sell-off the shares over a period of time as opposed to selling off all the shares at one time -- thereby substantially decreasing the stock's value. As of yesterday, the total value of all 100,000 shares of stock were valued at approximately $130,000. If you approve these transfers, staff is asking for a motion to create a non-profit Community Development Corporation, whose purpose would include community housing development and other community development purposes. "Other community development purposes" could include "seed money" for the creation of a commercial park. The $200,000 from Colorado Community First is designated to be used for community housing purposes and we would work ýÿ . . . . with the Bank on the fonnation of the CDC and the appointment of its Board of Directors. You are under no obligation to transfer all, or any portion, of Matt Gold's gift to this CDC, but staff sees this as a creative use of the money which can then be leveraged to provide many community needs. Then, you will again consider the proposed Maryvale Metro Districts. Last August, when you conditionally approved the Metro Districts, you gave the developer six months to provide additional infonnation on the districts' service plans. This six months is up on March I, 1997 and the developer's attorney has requested that the timeframe be extended until March 3 t, t 997. It is my understanding that Rich Nipert will be present to discuss this item and may ask for a time extension beyond March 31 st. Staff has spent time evaluating the proposed districts and we have many concerns that we have not addressed with the developer. We have not shared our technical issues as the Board has not yet received adequate information on the new POD plan and its proposed additional annexations. Two resolutions have been prepared for each metro district: one which extends the timeframe allowed for review and the other which simply disapproves the proposed metro districts. Please note that Rod McGowan is reviewing all of the resolutions addressed so far (the gifts and the metro districts) and he may want us to amend any or all of the resolutions based on legal concerns. Then, there's a resolution approving the lease-purchase of the Town's new (used) front-end loader and a request for a motion to approve the purchase of a new dump truck with a fifteen foot snow box in an amount not to exceed $32,729. And then we're done with the action items. The discussion items include proposed amendments to the business zone regulations. This is the long awaited "design standards" that have been discussed many times over the past two and a half years. Catherine will walk us through the changes which, most notably, includes expanding these regulations to any commercial development in any POD zone. A brief update on Maryvale's attempt to sell a portion of their property to Tom Urban and an update on the negotiations between Maryvale and the Town on the potential purchase ofPA 28 will be given. Finally, I want to touch base with you all on the water system improvement project and get some direction relative to the same. But its not over yet. ýÿ . . . .- CONFIDENTIAL & PRIVILEGED I am requesting an executive session to discuss three items: the proposed agreement reached between~Steve and Jeanne Burton and myself on purchasing an easement on their property that will allow us to connect the Fraser River Trail. $] 8,000 will go to the Burton's and $500 to the Fraser Valley Creative LeamingCenter under the proposal. Its steep, but the options would be to try and get approval from the Army Corps of Engineers to build a boardwalk that would bypass the Burton's property and extend out into the wetlands (estimated $34,000 construction costs if we could get the pennit) or to take the Burton's to court in a condemnation action. Ifwe "won" the Court would set fair market value for the easement. I am estimating that the court proceedings would cost around $ I 2,000. $20,000 was grudgingly budgeted to purchase this easement. We might want to talk more about the proposed purchase ofPA 28. And, finally, Orand County Water and Sanitation District recently "rattled their sabers" about the proposed wastewater treatment facility consolidation and implicitly threatened that they could just build their mechanical plant on their existing site, which is an enclave of the Town of Fraser. Their existing site sits in an area that we are attempting to preserve as open lands. So, some time was recently spent to explore options that would encourage GCWSD to stay at the consolidation table: these options will be shared and, depending on the hour, can be held-over for discussion at a later time. See you Wednesday! . .. . . . '1'( J'YN c)fl' VHASKH VVB. 5, 1997 lilt: IT!!uhr mec!ing uf the Bo:!n! I}! !'rm:lccs 'Vi'!'; called to order ,,' 7:30 p.m. n(l~nl present were Mayor .Tohn~l(ln, r !a\'.'Il'" 'Vir~;it1g, f<.I.mcke. S:'1l1(k-rs :lI1d :)\',ltzdl. \ho present "lere Skelton and \\"intcl. 1\litluks of Ihe 1 ;15/97 meeting wen~ :)pplnn~" as written. ('alh('l'inc Ro!;<;. Chmnht::l Direr..:I01. gmt Iht: I)l\)nlhly llpdale of Chmnher acti\'itk<; and event planning Ji)r the summer. OPJi:N FOJ.HJlVI Jim Tllch,. Puhlic W Of l(H. <Hlhmilled inll}l1ll:ltion !In the plOposcd purcha~{c (II' a used dllmp trnd. I Ie h:.!" timnd 3 trucks that ,ve ~h()uld look il1tO fiR purchm:e. Hoard reviewed Ih~ inf(>nmllion and advis~d lu\.'h~r 10 1i1llhtT look al these Ilucks and 10 l.:OIllt: h;Kk ,,'dth a prdel'cncc at the nc:~t meeflJlg. AC1'lON ITKlVIS Ol'dimm("~ 2JJ1 "f>Jl('~UllR Ordin:wn' 225 fllld f~nn('rlil1f! d(lcUnn. ABel' hrief cli5\cll~fii()n~ I Invert:;: made a motion In ,\dopt Ordinancc 233, an Ordinancc I'l~peaJing Ordimmu:225. iHld catlCding Ihe <1pcdal ekdioIJ sehL'dult:(1 1<." .i\lanht. t Y97. 2nd Wirsing, c<ll1'ied. ()..o~ vote Rrsnlutinn No. 2.1- 97 UflflJlfjn~ lh(~ fhn'l' mill.' ..hili. ~kelton reviewed what the Three f\ liIe Plan wm:. hrit'lJy dCHcrihed the conknt~ of the Rl:1Jolution :md Ihe maps thaI are k,hihjlH 10 th(,~ Plan. :';kclton said Ihnt Ihe Town of Winter Park has finally had a c h:mce 10 1 C\, kw Ihe 1'1:\11 alld h<lfi had their cnnc.crll~ addressed. V 3l'iou'l members ollhe audience voiced com;crn Ihal they did not mmt to he anm:xcd to Iht: Town III Frar;I;r. ,c':;kdtoll altemptecltp a::~;lIre Ihem thaI this W:\H not an :11It1c:wfion or their property only a document that "fK~ab 10 requirements and attitude~ otthc Town ,vith n:gard~1 to <.;ertain properfies should they {;:vcr H.'qUt:.st to be annexed to Ihe '1O\\'Il. The audienco had variom: otlwr COlll1m:ntH and conlinued cotlcems with being. anllcxcd. ýÿ '\0 . . Wir.::ing, moved to <lppmvc R~w,!uti(m 2I,.Ir7 !l<:!ppting ,1 Three" lite Pbn. ":'itl! :.1 (kktion "I' 1C:li.~nmce to the rom! ,',ithill th",' ,"pur "':l'.' b;ti1j(..~~ ~:luhdh biofl, S aJl<k,,<: nil Illllcnlcd that fht: '1"0\\11 ,;llOlIld ,vait t1 '.rmpk Ilr \', eeL In =1110\V the utmnHlllilyto Wt educ.ated l':gardini! ',vhal fhr~ plan h. Skelton :H"'i~cd thai the Plmming ( 'I)mfl\i~'lj{ln ilud lilt' 10"'11 1J:.l~: "(":11 di~,cll<:sing (hi,) phn fi,1' ~('~(:l:\1 months. it kif: heen on the Town Bo:1t d ;HJ( mb twice anI! Ihe ror,.n docs try 10 Iw\.c illf(Itnwt;on availnhlc ((}t. the comlHllflit\. Sl:dton ::;!afed I1wt <l dda" mn\' !lflt ..;I;n g"~1 f"''('I.,hvh f.r1I.!"1kd. t '(l\'ens ?Il~' moli'!ll. (arrkd. .." ... ~ . STAFF CHOIC.~~ Skelton reviewed the meeting schedule for tlw rr:~{1 01 the month. Skelton advised that Ihe Town Attntw~\' ha~ re\.kwcd the l.t<lse Pnrch:\';e ,\gH'I.:mcnl f()r the loader th;lt Ihe Board Iws apprll\icd lilr fll1..chatw ;l1l(t made appropt ;;!""' dl<ltlgl.:s: to the agref:tH(:llt. al~o Ihe Town "nlpt 11ppHH '(~ the r ,em:e P.It'ch:'''lG ftgree1H~:nt hy Rc~;ohtliol1. l'tl\."en~ !l\ovc<t 10 approve IJIl,~ l~e:;:ollltil)lI 1/1 cnfcr inlo tIll' Ietll;e Int1 c1HU1C ;-,grcnncnt ((If the loader :lfld :\lJlholi?cd Ihe ~.I<l\"1 fJI 1'(\\\" l\,lil1l;\gtl In ~;igll tht' :!ppropriilk dOCIlI11\~llfs, motion :~t1(l S\'\i3t7ell. c;11Tied. ]\layor John~lon tl"ked if any <b:i"ion had Iwell n:aclK'd lotlCt'ltling 11\1;: p1oposl..'d 1':\Y hmll hoard I11cding. No decision ha~; ht't.'ll ,(:ad,(;d. i\1<J,\'or Jolmf{lon tldvised Ihat Ihe Pee. ni~;tricl. nUke in the log huilding wouJa he moved in .hltw. The roof "nd other prohkm~ will need to hc: t:lken calc of Plior In renting the huilding "WI;!). Srllrch :lnd Rescue it;! inlere<.:lcd ;n this building, No furthcl' bw.:inc~~ fllCC'tillg adjuurned at f);(){} p.m. ýÿ . . k~~ TOWN OF FRASER ~ RESOLUTION A RESOLUTION ACCEPTING A GIFT FROM COLORADO COMMUNITY FIRST STATE BANK AND HOLDING THE GIFT IN ESCROW AS "SEED MONEY" UNTIL A COMMUNITY DEVELOPMENT CORPORATION CAN BE FORMED. WHEREAS, Colorado Community First State Bank desires to provide $200,000 in "seed" money to a non-profit Community Development Corporation whose sole or partial purpose shall be community housing; and WHEREAS, the Community Development Corporation has not yet been formed and Colorado Community First State Bank wishes to close this transaction at the earliest possible date; and WHEREAS, upon the acceptance of this gift, Fraser will work with Colorado Community First State Bank on creating the Community Development Corporation and share joint responsibility tor appointing the Board of Directors of said Corporation; and WHEREAS, the Fraser Board of Trustees greatly appreciates the offer made by Colorado Community First State Bank and their continued support for the Town of Fraser and the Fraser River Valley community; NOW, THEREFORE, BE IT RESOLVED BY THE FRASER BOARD OF TRUSTEES THAT THE $200,000 CASH DONATION BE ACCEPTED AS A GIFT FROM COLORADO COMMUNITY FIRST STATE BANK, SAID GIFT TO BE HELD IN ESCROW UNTIL FRASER AND COLORADO COMMUNITY FIRST CAN COMPLETE THE FORMATION OF A COMMUNITY DEVELOPMENT CORPORATION AT WHICH TIME THE $200,000 WILL BE TRANSFERRED TO THE COMMUNITY DEVELOPMENT CORPORATION. DUL Y MOVED, SECONDED, AND ADOPTED THIS DA Y OF FEBRUARY, 1997. TOWN OF FRASER By: Mayor Attest: Town Clerk ... .. . . TOWN OF FRASER RESOLUTION ~.~ -q1 A RESOLUTION AMENDING TOWN OF FRASER RESOLUTION 8-1-96, A RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE SERVICE PLAN OF THE PROPOSED MARYVALE RESIDENTIAL METROPOLITAN DISTRICT. WHEREAS, on August 28, 1996, the Board of Trustees adopted Resolution 8-1-96, a resolution which conditionally approved the Service Plan of the proposed Maryvale Residential Metropolitan District; and WHEREAS, Section 6 of said Resolution provided, among other things, that the Town would conduct further review of the Service Plan in conjunction with the review of the Proponent/s proposed annexation of additional lands to the Town and its proposed amendment to the Planned Development District Plan for the Maryvale Project, and that final action on the Service Plan was to occur QY March 1, 1997; and WHEREAS, the Town has not been provided with the information necessary to complete sucn further review of the Service Plan; and in particular, the Proponent has not yet submitted specific information and documentation relating to its proposed annexation of additional lands and its proposed amendment to the Planned District Development Plan; and WHEREAS, the Proponent, Maryvale, L.L.C. , has requested that Resolution 8-1-96 be amended, to extend the time allowed for completion of such review and final action on the Service Plan, and that a similar amendment be made in the Stipulation entered into by the parties with respect to the organizational proceedings relating to the formation of the proposed District. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: 1. That, subject to the condition specified in Paragraph 3 below, Section 6 of Town of Fraser Resolution 8-1-96 shall be hereby amended to read as follows: Section 6. That the Service Plan of the proposed Maryvale Residential Metropolitan District is hereby conditionally approved subject to the following conditions, which conditions are hereby agreed to by the Board of Trustees and the Proponent: ( a) The Town will conduct further review of the Service Plan in conjunction with the Town's review of the Proponent's proposed annexation of additional lands to the Town and its proposed amendment to the Planned ýÿ . . . . Development District Plan for the Maryvale project, which process may include further public hearings concerning the Service Plan, (b) In connection with such review, the Town may require the Proponent to submit additional information relating to the Service Plan or to modify the terms of the Service Plan. For example, and not by way of limitation, the Town may require the Proponent to modify the Service Plan to limit or restrict the types of services the District may provide in its service area, to require Town approval for certain actions by the District, and to require the District to comply with all provisions of the Planned Development District Plan for the Maryvale project, as the same may be amended from time to time. (c) Upon completion of such further review, the Board of Trustees shall take final action on the Service Plan by resolution, either granting final approval of such Plan or disapproving the same. It is agreed that such final action taken by the Board shall be in its sole and absolute discretion, and shall be final and conclusive with respect to the proposed organization of the District. The Proponent expressly waives any right to jUdicial review pursuant to Section 31-1-206, Colorado Revised Statutes, as amended, in the event the Board does not grant final approval of the Service Plan. (d) The Proponent shall not obtain an order of the Grand County District Court providing for the establishment of the proposed District, unless and until the Board of Trustees has adopted a further resolution granting final approval of the Service Plan, as provided in Subsection 6(c) above, and a certified copy of such resolution is filed with the Court. If no such resolution grantin . in a al is adopted and filed on or before C, ~~:J 1'; 47- , or if the Board of Trustees takes final acti n disapproving such Service Plan and a certified copy of the resolution of disapproval is filed with the Court, then the proceedings for organization of the proposed District shall be dismissed. (e) The Board of Trustees and the Proponent shall enter into an amended stipulation to be filed with the Grand County District Court, which shall request the Court to amend its prior Order Concerning Organizational Procedure to modify the deadline for the - 2 - .. .. .. . Board's fina action on the Service Plan, as provided herein. If, for any reason, the Court rejects such amendment or if it is not approved by the Court on or before March 1, 1997, then the Board's conditional approval of he Service Plan shall be deemed withdrawn and the Prop nent shall cause the organizational proceedings o be dismissed. 2. That all other te ms and provisions of Resolution 8-1-96 shall remain unch nged and shall continue in full force and effect. 3. That the amendmen to Resolution 8-1-96 provided in Paragraph 1 above is approved by the Board of Trustees subject to the co dition that the Proponent, Maryvale, L.L.C., approve a d accept the terms of this Resolution by signing the origi al or a copy hereof not later than February _, 199 If not accepted and signed by the Proponent by that date, this Resolution shall be lutomaticallY res inded. I~ ~ 1/ k ok, ~ M ~ 4. 1I tA AMoe\~ v 0Jt1JWNiad ~ 'tW\ A (, ~ v.t. Ci" If'" ,tee, PASSED, ~PTED AND A~ ROVED BY THE BOARD OF TRUSTE S OF ~HE TOWN OF FRASER, COLORADO, T IS day of , 1997. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Jeff Johnston, Mayor ATTEST: (SEAL) Virginia Winter, Town Clerk APPROVED AND ACCEPTED B THE PROPONENT: MARYVALE, L.L.C. BY: E. Rick Watrous, Manager BY: Richard F. Nipert, Manager - 3 - C:\WP\FRASER\RESOL\REI-MRMD.WPD " .. . . OF FRASER RESOL J - '1 - q1 A RESOLUTION AMENDING FRASER RESOLUTION 8-2-96, A RESOLUTION GRANTING CONDITIO'AL APPROVAL OF THE SERVICE PLAN OF THE PROPOSED MARYVALE COMMER METROPOLITAN DISTRICT. WHEREAS, on August 28, 1996, the Board of Trustees adopted Resolution 8-2-96, a resolution which conditionally approved the Service Plan of the proposed Maryvale Commercial Metropolitan District; and WHEREAS, Section 6 of said Resolution provided, among other things, that the Town ould conduct further review of the Service Plan in conjunction ith the review of the Proponent's proposed annexation of addit'onal lands to the Town and its proposed amendment to the PI nned Development District Plan for the Maryvale Project, and th t final action on the Service Plan was to occur by March 1, 199 ; and WHEREAS, the Town as not been provided with the information necessary to com lete such further review of the Service Plan; and in particu ar, the Proponent has not yet submitted specific informati n and documentation relating to its proposed annexation of addit'onal lands and its proposed amendment to the Planned Dis rict Development Plan; and WHEREAS, the Propo ent, Maryvale, L.L.C. , has requested that Resolution 8-2-96 be am nded, to extend the time allowed for completion of such review an final action on the Service Plan, and that a similar amendment be made in the Stipulation entered into by the parties with res ect to the organizational proceedings relating to the ormation of the proposed District. NOW THEREFORE, BE IT RESOLVE BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: 1. That, subject to the co dition specified in Paragraph 3 below, Section 6 of Tow of Fraser Resolution 8-2-96 shall be hereby amended to re d as follows: Section 6. e Service Plan of the proposed Maryvale Commercial Met opolitan District is hereby conditionally approved subject to the following conditions, which conditions are he eby agreed to by the Board of Trustees and the Proponent: (a) The Town ill conduct further review of the Service Plan in conjunction with the Town's review of the Proponent's pro osed annexation of additional lands to the Town and its proposed amendment to the Planned ~ - . . Development Distri t Plan for the Maryvale project, which process may nclude further public hearings concerning the Ser ice Plan. (b) In conne tion with such review, the Town may require the Propon nt to submit additional information relating to the Se vice Plan or to modify the terms of the Service Plan. For example, and not by way of limitation, the To n may require the Proponent to modify the Service Plan to limit or restrict the types of services the Di trict may provide in its service area, to require T wn approval for certain actions by the District, and 0 require the District to comply with all provision of the Planned Development District Plan for the Maryv Ie project, as the same may be amended from time 0 time. (c) letion of such further review, the Board of Trustees hall take final action on the Service Plan by re olution, either granting final approval of such P a9 or disapproving the same. It is agreed that such f nal action taken by the Board shall be in its sole and absolute discretion, and shall be final and conclusi e with respect to the proposed organization of th District. The Proponent expressly waives any right t judicial review pursuant to Section 31-1-206, Colorado Revised Statutes, as amended, in the event the Board do s not grant final approval of the Service Plan. (d) The Prop nent shall not obtain an order of the Grand County D'strict Court providing for the establishment of t e proposed District, unless and until the Board of Trustees has adopted a further resolution grantin final approval of the Service Plan, as provided in Sub ection 6(c) above, and a certified copy of such resol tion is filed with the Court. If no such resolution gr nting in 1 al is adopted and filed on or before ~, f , or if the Board of Trustees takes n 1 approving such Service Plan and a certified copy of the resolution of disapproval is fil d with the Court, then the proceedings for or anization of the proposed District shall be dismissed. (e) The Boar of Trustees and the Proponent shall enter into an amen ed stipulation to be filed with the Grand County Distr'ct Court, which shall request the Court to amend its prior Order Concerning Organizational Pro edure to modify the deadline for the - 2 - .. .. . . Board's final action on the Service Plan, as provided herein. If, for any reason, the Court rejects such amendment or if it is not approved by the Court on or before March 1, 1997, then the Board's conditional approval of the Service Plan shall be deemed withdrawn and the Proponent shall cause the organizational proceedings to be dismissed. 2. That all other terms and provisions of Resolution 8-2-96 shall remain unchanged and shall continue in full force and effect. 3. That the amendment to Resolution 8-2-96 provided in Paragraph 1 above is approved by the Board of Trustees subject to the condition that the Proponent, Maryvale, L.L.C., approve and accept the terms of this Resolution by signing the original or a copy hereof not later than February _, 1997., If not accepted and signed by the Proponent by that date, this Resolution shall be Automatically lescinde~ I ~ h I ~ ~ ~ M ~ ,4. It c.o~'t4 ~G-ie>,; d I.3Ht, '~ ~ ~ 1/ .~ t c.l 7. t'lN.. aA~"" ,LLL. PASSED, ADOPTED AND APPROVED BY THE BOARD OF TRUSTEES OF THE,TOWN OF FRASER, COLORADO, THIS day of , 1997. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Jeff Johnston, Mayor ATTEST: (SEAL) Virginia Winter, Town Clerk APPROVED AND ACCEPTED BY THE PROPONENT: MARYVALE, L.L.C. BY: E. Rick Watrous, Manager BY: Richard F. Nipert, Manager - 3 - C:\WP\FRASER\RESOL\REI-MCMD.WPD , ýÿ . i' . . TOWN OF FRASER RESOLUTION 1,-' .'11- A RESOLUTION APPROVING THE LEASE-PURCHASE OF A KOMATSU FRONT-END LOADER FROM POWER MOTIVE, INC., AND BEING FINANCED BY KDC FINANCIAL. WHEREAS, the Town of Fraser is in need ofa new front-end loader for public works purposes; and WHEREAS, the Town solicited bids for new or used 2.5 yard bucket front-end loaders with a detachable snow-plow blade; and WHEREAS, the Town received three bids, two for anew loader and one for a used loader; and WHEREAS, the Town has determined that the used front-end loader provided the best financial option; and WHEREAS, the Town further decided to lease-purchase this machine, with the repayment schedule and contract attached as "Exhibit A"; NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE TOWN OF FRASER APPROVE THE LEASE-PURCHASE AGREEMENT STIPULATED IN EXHIBIT A (attached). A RESOLUTION DULY MOVED, SECONDED, AND ADOPTED THIS ~ DAY OF FEBRUARY, 1997. TOWN OF FRASER By: Mayor Attest: Town Clerk ýÿ . . . . KDC FINANCIAL Acct. # 19905 MUNICIPAL EQUIPMENT lEASE-PURCJ-tASE AGREEMENT THIS LEASE-PURCHASE AGREEMENT (hereinafter referred to as "Agreement") by and between Power Motive Corporation a(n) Colorado corporation (hereinafter referred to as "Lessor"), and Town of Fraser, a political subdivision of the State of Colorado (hereinafter referred to as "Lessee "). WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree as follows: 1. Term and Payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the equipment described in Exhibit A hereto (hereinafter, with all replacement pmts, substitutions, proceeds, increases, additions, accessions, repairs and accessories incorporated therein or affixed thereto, referred to as the "Equipment") for the amounls to be paid in the sums and on the dates set forth in Exhibit B hereto. Except as specifically provided in Paragraph 2 hereof, the obligation of the Lessee to make the payments called for in Exhibit B heleto shall be absolute and unconditional in all events and shall not be subject to ,lilY set-off, defense, counterclaim, or recoupment for any reason. The telln of the lease hereunder shall commence upon the acr.eptance of possession of t1m Equipment by Lessee (or acr.eptanr.e by Lessee of delivery of the first item of Equipment if this Agreement involves multiple ite,m; of ErJuipment) ami shall continue until the end of the Lessee's cUllent fisr.al period and thereafter for such additional fiscal periods as are necessary to complete the anticipated total leaso term as set forth in Exhibit B, unless earlier terminated as provided herein. In accordance with tho Agreement, Lessee hereby certifies that all of the Equipment (i) has been received by Lessee, (ii) has been thoroughly examined and insper.ted to the complete satisfaction of Lessee, (Iii) has been found by Lflssee to be in good operating order, repair and condition, (iv) has been found to be of the size, dosign, quality, type and manufacture specified by Lessee, (vI has been found to be and is wholly suitable for Lessee's purposo, and (vi) is hereby unconditionally accepted by Lessee, in the condition received, for all purposes of the Agreement. 2. Renewal and Nonappropriation. '.aaRRa Ilftra81l tI'l8Ht-wi!Hft~1H1e69ffllflr"p'-flffl~8"flflff..ffil'flffl.4imelr n:l1tI8!lte fer the e""rl'l"rl!ltiel'l IIf fmll"l t8 makll-ull 'flffyments. oalled for under .l!xhibit.8...;md-\lS(l..lt&-bRI;~ ."ffm~'Hmd. tHke..aIf-.st9ps-kl-6<1USfI. S\l6J..oprrepriotions. te be mada.--IR the evel'lt tllRt Iil fl1l'l6l'l-fflf-thlM!ti6~iflff-fffiflfl~et'iMl_net he ektAiflAFI, (ii) I:.R8RR~~Wlltlld allle!lall'l a'.'lI~11l mllARA fer mllldR!l the ~nt 1::111\1(;1 '\lr 'Indo!:. tl:1l~ ^9~mQ~L9li\~~-iw.rQkgQ..~.diligt;u.1tlY-fl\-ll'G",gd..olIW'I9a~~4s..IvrwNAA-p;.~~~ t~_eAt m:l'l llA mac;lll, Ii") \:"1;:11 f.ai!ufll to obtain hnd; hal: not p;>(;'1ltlld from aT',! ~r;-' or hil..." to ;1(" Qf I qS!;llQ, I") 1'i'!;E'i'9 Ill''' nn( aA~wirsllf, a~.hRS no. intent, tg.al:quu-e-duriRg t11cH:tIbseqUllnt.,.fiSCRI period,- ilams. of fll<lrerty-haviRg-f~lI)~tign.....similar49-~!:A Af thl! lii~uipmeRt or "'l:1il;:l:1 pro"idA lO:imilar-bcnmfi~s-to-Lcu;$;Q9,.-and-.lvil..f.lQ_.h.lllds;_h.ave..bap.n. appropriated. fGr.. tha. acquisition of. SUGh. proparty.,...~ Lessee may terminate this Agreement at the end of any fiscal period dU/ing the payment schedule set forth in Exhibit B by giving notice to KDC Financial Limited Partnership, 1333 Butterfield Road, Suite 600, Downers Grove, IL 60515 or at such other place as Lessor or Its successors and assigns may from time to time hereafter designate, at least 60 days prior to the first day 01 such fiscal period for which appropriations cannot he made. Such failure to obtain proper appropriation and approval of the full amount of funds nfJcessary to make required payments heleunder during any fiscal period subsequent to the cunent fiscal period shall terminate all of Lessoo's right, title and interest in obligations under this Agreement to all the Equipment, effective on the last day of the last fiscal period for which appropriation or approval was properly obtained. 3. Taxes. In addition to the payments to be made pursuant to Paragraph 1 hereof, Lessee agrees to indemnify and hold Lessor harmless from and against and to pay Lessor, as additional rent, on demand an amount equal to all license, assessments, sales, use, real or personal property, gross receipts or other taxes, levies, imposts, duties or c1l1lrges, if any, together with any penalties, fines or interest thereon imposed against or on Lessor, Lessee or the Equipmont by any governmental authority upon or with respect to the EfJuipment or the pU/chase, ownership, rental, possession, operation, return or sale 01, or receipt 01 paynHlnts for, the Equipment, except any Federal or State Income taxes, if any, payable by Lessor. Lessee may contest any such taxes prior to payment provided such contest does not involve any risk of sale, forfeiture or loss of the Equipment or any interest therein. 4. Lessee's Covenants and Representations. Lessee covenants and represents as follows: la) Lessee represents, and will provide an opinion of Its counsel to the effect that, it has full power and authority to enter into this Agreement which has been duly authorized, executed, and delivered by Lessee and is a valid and binding oblipation of Lessee enlorceable in accordanr.e with its terms, and all ffJfJuirements for execution, rlelivmy mill performance of this Agfeement have been, or will be, complied with in a timely manner; (Il) ~lIntf;-hAr.g\lndQl'-bavll.bQlln,...anc;l.will.~,..d"'ly...a\ltllQri;!lIc;1.~nd..pald..whll~klf-fw~f;..thcm.~rnI-I"V- ll111l!ilR\1le fllr "ullh ~1ffl"Wl1l1 LClc;IllilCl will, tfil t!;)Q-~nt pllrmittCld b~1I I..... and l.'t1lQr term!; lint! (,9nt!it1o;m" 91' .hl" ^9r"9""Qn', In..III"" In ;~ ~14"'!lllt f!lr lIMlHIHffflmIRiY~~F14fffiff~fm-ffl...t.l#~!lfflRH~HHH1Hff.jAi"HHI+~14nt tll flClrRlit I.ClllARCI ~ifffllW''ffCl All itCl fI~ l:J'ifQ..n"or: ~n1 Los!;no hns budgnted nnd hns availnhlo fm \1'0 clffffml fiscnl pmind f,uffh:iont funds to t:olllply with its ohllgations hmounder; (r:) Thore are no pending or threatened InwsuilS orndlllinisllalive or other pror.cfl[lings contesting the authority for, authorization or perfollllance of, or expenditure of funds pU/suant to this Agreemcnt; (d) Information supplied and stalements made hy Lessee in any financial statement or CUffent budget prior to or contemporaneously with this Agreement are true ;UHf correct; Ie) Lessee has an irnmediate need for, amI expects to moke immediate use of, substantially all the Equipment. which need is not temporary or expccted to diminish in the loreseoahle future; ~j.,ft'~Yr.I.11ACleft.wil~f1&t'1Jive-1l"'iMit~it,....m..thf.t"1lflf'l'l'J",iMi6j, ~f fl1l\~~ foClr tAli lIl1"",ildtigJ;U>~ ",-f.. any IIdditi'ill'lal prllfil'U'ty for purp<'CQ\" or f1,lnctio~WQ.~~ If) The EfJuipment is essential to the plOPel, effiGient (Im( p.conomic operation of the Lessee, (Ind there are no cilcumstances presently affecting tlm Lessee that could reasonably he expected to alter its foreseoahle nced for the EfJuipment -.eElvl'tl'lle!'I""f!ffeeHtlHtI:liIit.,.....,.. ..IIA.,,,,, " '"'''' ,,,... I., ... p."..... ., '''~. .... ..~u..... 1.H'n I ~ UGH :ft.i 1-.1 _ uw~1 B~~ ~ rtt,.t-,i' l.-JL ýÿ . , ,{gl Lessee's right to .nate this Agreement as specified in Paragraph .eof was not an independently bargained for consideration, but was included solely fa purpose of complying with the requilements of aws of ~he State in which Lessee is located: and {hI Lessee shall execute and file any document required, pursuailt to Section 149{el of the Intemal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, to leport 1110 issuance of this Agreement. 5. Use and Licenses. Lessee shall pay and discharge all operating expenses and shall cause ~he Equipment to be operated by competent persons only. Lessee shall use the Equipment only for its proper purposes and will not install, use, ope/ate or maintain the Equipment improperly, carelessly, or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Equipment or the use contemplated by its manufacture/. Lessee shall keep the Equipment at the location stated on Exhibit A, until Lessor in writing permits its removal, and the Equipment shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits and licenses, if any, ref1uired by law for the installation and operation of the Equipment. License plates used on tlie Equipment shall be issued in the name of the Lessee. If a certificatp. of title is issuable wilh respect to the Equipment, it shall be delivered to the Lessor showing the inte/est of the Lesso/. 6. Maintenance. Lessor shall not be obligated to make any mpairs or replacements. At its own expense, Lessee shall service, repair and maintain tlm Equipment in as good conrlition, repilir, appemanee and war king ordm as whrm delivered to Lossee hereunder, ordinary wear and tear from proper use alone excepted, and shall /eplaee any and illI parts thereof which may from time to time become worn out, lost, stolen, destroyed, or damaged beyond fepair or rendered unfit for inlended use, for any reason whatsoeve/, all of which replacements shall be free and clear of all liens, encumbrances and claims of others, and shall become part of the Equipment and subject to this Agreement. Lessor may, at its option, dischalge such costs, expenses and insurance premiums necessmy for the repail, maintenance, and preservation of the Equipment, and all sums so expended shall be due from Lessee in addition to rental payments hereunder. 7. Alterations. (a) Lessee may, at its own expense, install or place in or on, Of attach or affix to, the Equipment such equipment or accessOfies as may he necessary or convenient to use the Equipment for its intended purposes provided that such equipment or accessOfles do not impair the value or utility of the Equipment. All such equipment and accessories shall be removed by Lessee upon termination of this Agreement, provided that any resulting damage shall be repailed at Lessee's expense. Any such equipment or accessories not removed shall become the property of Lessor. (bl Without the written consent of Lessor, Lessee shall not make any other alterations, modifications or Improvements to the Equipment except as requiled or permitted hereunder. Any other alterations, modifications or improvements to the Equipment shall Immediately become pmt of the Equipment, subject to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix or attach any of the Equipment to any real property. The Equipment shall remain personal property regardless of whether it becomes affixed or attached to real property or peffl1anently rests upon real property or any impfOvement thereon. 8. Liens. Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, security interest, pledge, lien, charge, encumbrance or claim on or with respect to ~he Equipment, title thereto, or any interest therein, except the respective rights of Lessor and Lessee hereunder. 9. Damage to or Destruction of Equipment. Lessee shall bear the entire risk of loss, damage, theft, or destruction of the Equipment from any and evelY cause whatsoever, and no loss, damage, destruction or other event shall release Lessee from the obligation to pay the full amount of the rental payments or from any other ohligation undel this Agreement. (a) In tlm event that all or any part of the Equipment is lost, stolen, destroyed or damaged beyond repall, Lessee shall replace the same with like property in good repair of like value, acceptnble to Lessol, at Lessee's sole cost and expense as soon thereafter as possible and any such replacement shall become subject to this Agreement. If insurance is in effect with respect to the Equipment, insurance proceeds received by Lessor with respect to any such casualty shall be paid to Lessee if such Equipment is replaced by Lessee as required hereunder. {hI If Lessee fails to replace such Equipment as requifBd, Lessor may at its option terminate this Agreement as to that part of the Equipment lost, stolen, destroyed or damaged beyond repair, and recover from Lessee the amount of the unpaid principal balance applicable to Equipment lost, stolen, destroyed or damaged beyond mpair as of the last date on which a payment was made pursuant to Paragraph 1 hereof, together with interest thereon at the rate specified in Exhibit B from such payment date to the date of such termination, and less insurance proceeds, if any, received and retained. If Lessor exercises its option hemunder, the principal portion of the payments required to be made thereafter by Lessee pursuant to Paragraph 1 and the subsequont Option to Purchase Values set forth in Exhibit B shall be reduced in the proportion which the original cash sale price of the part of the Equipment lost, stolen, destroyed or damaged beyond repair bore to the aggregate original cash sale price of the Equipment described in Exhibit A.. 10. Insurance. Lessee shall eithel be self-insured with regard to the Equipment or shall purchase and maintain Insurance with regard to the Equipment. If Lessee elects to be self-insured with rp.gard to this Agleemenl. it may do so only with the prior consent of Lessor, Whether Lessee is self-insured or company insllfed, Lessee shall, for Ihe Imlll of this ^groemenl, at its own expense, provide complchensive liability insurance wilh respect to the Equipment, insllfing ngainst such risks, and such amounts ilS me customary for lessees of property of a character similar to the Equipment. In addition, lossoe shall, for 11m term of this ^!Jtemnent, at its own explmse, provide casualty insurance with respect to the Equipment, InsUfing auainst customary risks CQvm a!le at all limns nol less than tlm amount of the unpaid principal portion of the payments requif()d to be made pursuant to Pmagraph 1 as of tlm Instptnr:mling paynmnt dnto sJlecified in Exhibit B on which a paymont wns made. If insurance policies are provided with lesJloct to tho Equipment. all insurance policies shall be with insurers lJuthorized to do business in the State where tho Equipment is located and shall name both Lessor and Lessee as insuffJds as their respective interest may appear. Insurance proceeds from casualty losses shall be payable solely to the Lessor, subject to the provisions of Paragraph 9. Lessee shall, upon request, deliver to Lessor evidence of the required coverages together with premium receipts, and each insurer shall agree to give Lessor written notice of nonpayment of any premium due and ten {1 01 days notice prior to cancellation or alteration of any such policy. Lessee shall also carry and require any other person or entity working on, in or about the Equipment to carry workmen's compensation insurance covering employees working on, in or about ~he Equipment. In the event Lessee fails, for any mason, to comply with the requirements of this Paragraph, Lessee shall indemnify and save harmless, and, at Lessee's sole expense, defend Lessor and its agents, employees, officers and directors, and the Equipment against all risk of loss not covered by ,insurance. ýÿ . . 11. Indemnification. Lessee s.demnifY and save hmmless LfJssor and its age'~lPIOyeeS' officers and directors from and, at Lessee's expense, defend Lessor and its ts, employees, officers and directors against a llity, obligations, losses, damages, penalties, claims, actions, cosls and expenses (including but not limited to reasormble atl('l/Tmys' fees) 0 whatsoever kind or nature which in any way relate to or alise out of this Agreement or the ownelship, rental, possession, operation, condition, sale or return of the Equipment. All amounts which become due from Lessee under this Paragraph 11 shall be credited with any amounts received by the Lessor from insurance provided by the Lessee and shall be payable by Lessee within thirty (30) days following demand thelefor by Lessor and shall survive the termination or expiration of this Agreement. 12. No WRrranty. EXCEPT FOR REPRESENTATIONS, WARRANflES, AND SERVICE AGREEMENTS RELATING TO THE EQUIPMENT MADE OR ENTERED INTO BY THE MANUFACTURERS OR SUPPLIERS OF THE EQUIPMENT, ALL OF WHICH ARE HEREBY ASSIGNED TO LESSEE, LESSOR HAS MADE AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND ASSUMES NO OBLIGATION WITH RESPECT TO THE TITLE, MERCHANTABILITY, CONDITION, QUALITY OR FITNESS OF THE EQUIPMENT DESCRIBED IN EXHIBIT A FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPECIFICATIONS OR PURCHASE ORDen, ITS DESIGN, DElIVEnY, INSTALLATION OR OPERATION. All such risks sl11111 be borne by Lessee without in any way excusinn Lessee from its obligations under this Agreement, and Lessor shall not be liable to Lessee for any dmnflges on account of such risks. All claims 01 actions on any wmranty so assigned shall be made or prosecuted by Lessee, at its sole expense, upon prior written notice to Lessor. Lessor may, but shall have no obligation whatsoever to, pmticipate in such claim or action on such warranty, at Lp.ssor's expense. Any recovery under such a warranty shall be made payable jointly to Lessee and Lessor. 13. Option to Purchase. Provided Lessee has complied with the terms and conditions of this Agleement, Lessee shall have the option to purchase not less than all the Equipment which is then subject to this Agreement "as is" at the payment date and for the Option to Purchase Values set forth in Exhibit B or such adjusted Option to Purchase Value as may have been determined in accordance with Paragraph 9 hereof by giving written notice to Lessor not less than sixty (60) r!ays prior to !1m date specified in Exhibit B for the exercise of such option; provided that upon Lessee's timely payment of all payments specified in Exhibit B and the Final Purchase Option Price, Lessee shall be deemed to have propefly exerciser! its option to ptlfchase the Equipment and shall be deemed to have acquired all of LessO/'s light, title and interest in and to the Equipment, free of any lien, encumbrance or security interest except such liens, encumbrances or security interest as may be created, or permitted and not dischalged, by Lessee but without other warranties. Payment of the applicable Option to Purchase Value shall occur on the applicable purclHlse date specified in Exhibit B he/eta at which lime Lessor shall, unless not mquired hereunder, deliver to Lessee a Quitclaim bill of sale transferring Lessor's interest in the Equipment to Lessee free from any lien, encumbrance or security interest except such as may be created, or pennitted and not discharged, by Lessp.e blit without othe/ warranties. Upon Lessee's actual or constructive payment of the Option to Purchase Value and Lessor's actual or constructive delivery of a quitclaim bill of sale covering the Equipment, this Agleement shall terminate except as to obligations or liabilities acc/Uing hereunder plior to such termination. 14. Default and Lessor's Remedies. (a) The occll/rence of ono or more of the following events shall constitute an Event of Default, whether occurring voluntarily or involuntarily, by operation of law or pursuant to any ordel of any court or govemmental agency: (1) Lessee's failure to make any payment hereunder when due or wilhin ten (10) days thereafter; (2) Lessee's failure to comply with any other covemmt, condition or ngreement of Lessee hereunder for a period of ten (10) days after notice thereof; (3) Any representation or warranty made by Lessee hereunder shall he untfUe in any material respect as of the date made; (4) Lessee shall make, permit or suffer any unnuthorized assignment. tfansfer or other disposition of this Agreement or any interest herein, or any part of the Equipment or any interest therein; or (5) Lessee becomes insolvent; or admits in writing its inability to pay its debts as they mature; or applies for, consents to, or acquiesce in the nppointment of a trustee, receiver or custodian for the Lessee or a suhstantial part of its property; or, in the absence of such application, consent or acquiescence, a trustee, receiver or custodian is appointed lor Lessee or a substantial part of its property and is not discharged within sixty (601 days; or any bankruptcy, reorganization, debt mrangement, moratorium, or any proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding is instituted by or agninst Lessee and, if instituted against Lessee, Is consented to or acquiesced in by Lessee or is not dismissed within sixty (601 days. (bl Upon the occurrence of any Event of Default specified hemin, Lessor may at its sole discretion exercise any or all of the following remedies: (1) Enforce this Agreement by apPfOpriato action to collect amounts due or to become due liereunder. by acceleration or otherwise, or to cause Lessee to perform its other obligations hereunder in which event Lessee shall be liable for all costs and expenses incurred by Lessor; (2) Take possession of the Equipment, without domnnd or notice and without court order or any pfOcess of law, and remove and relet the same for Lessee's account, in which event Lessee waives any and ,all damages resulling therefrom and shall be liable for all costs and expenses incurred by Lessor in connection therewith and the difference, if any, between the amounts to be paid pursuant to Paragraph 1 hereof and the amounts received and to be received by Lossor in connection with any such reletting; (3) Terminate this Agf8ement fUHf lnposseSf! the Equipnmnt, in which event Lessee shall be liable for any amounts payable hereunder through the date of such termination and all costs arllf oxpermes incurred hy Lessor in connection therewith; (4) Sell the Equipment or any portion t'wreol lor Lessm's nccount at public or private sale, for cnsh or credit, without demand on or notice to Losseo of Lessor's intention to do so or wlnt thn EIJuipml1l1t for fl tmm alllf a rental which may he equal to, gnHlter limn or loss than !1m rentnl and tOlm providod Imloin. If 11m pIO/:eads from lU1Y sUI:h saln 01 !lmlal paynwnls tm:olvad undm n now l1{llenmnnt marIn for the periods prior 1(1 tho oxpiralion of Ihls Anremnonl ar/'! losf! limn tlm sum of (i) 11m cosls of such rnposs/'!ssion, sal/'!, ,elocatlon, storago, reconditioning, reletling and re-inslallation (including but not lirnitmllo IOllsormble attorneys' fees), (ii) the unpaid principal balance derived hom Exhibit B as of the last preceding payment date spocifiod in Exhibit S, and (iii) any pllSt due amounts hereunder (plus interest on such unpaid principal balance at the rate specified in Paragraph 19 hereof, prorated to the date of such sale), all of which shall be paid to Lessor, Lessor shall retain all such proceeds and Lessee shall remain liable for any deficiency; or (5) Pursue and exercise any other remedy available at law or in equity, in which event Lessee shall be liable for any and all costs and expenses incuned by Lessor in connection therewith. "Costs and expenses", as that term is used in this Paragraph 14, shall mean to the extent allowed by law; m reasonable attorneys' fees if this Agreement is referred for collection to an attorney not a salalied employee of Lessor or the holder of this Agreement; (ii) COUlt costs and dishursements including such costs in the event of any action necessary to secure possession of the Equipment; and (Iii) actual and leasolmble ollt-of-pocket expenses incuned in connection with any repossession or foreclosure, including costs of storing, reconditioning and reselling tl1/) Equipment, subject to the strltldards. of good filith and comtl1efcial reasonl1bleness set by the applicable Uniform Commercial Code. Lessee waives all rights IInder all /'!xemption laws. (61 Under no circumstance shall Lessee bo Iiahlo IImlm Pmagraph l'llbl for any amount in excess of the sum appropriated pursuant to Paragraph 1 hereof for the p.s and current riscal years, less all amounts P~SIY due and paid during such previous and current fiscal years from amounts so appr d.. 15. Tellnin8tion. Unless lessee has properly exercised its option fa purchase pUlsuant to Pmagraph 13 hereof, lessee shall, upon the expiration of the term of this Agfeement or any earlier termination hereof pursunnt to Paragraph 14 hereof, deliver the Equipment to lessor unencumbered and in fit least as good condition and repair as when delivered to lessee, ordinmy wear and tear resulting from proper use alone excepted, by loading the Equipment, at lessee's sole expense, on such carrier, or delivering the Equipment to such location, as lessor shall provide or designate at or within a reasonable dislance from the genelill location of the Equipment. If lessee fails to deliver the Equipment to lessor, as provided in this Paragraph 15, on or he fore the date of terrnination of this Agreement, lessee shall pay to lessor upon demand, for the hold-over period, a portion of the total payment for the appliGable period as set forth in Exhibit B prorated from the date of termination of this Agreement to the date lessee either redelivers the Equipment 10 lessor or lessor repossesses the Equipment. lessee hereby waives any right which it now has or which may' be acquiled or conferred upon it by any law or order of any Gourt or other governmental authority to terminate this Agreement or its obligations hereunder, except in acconlance with the express provisions hereof. 16. Assignment and Sublease, la) Without the prior written consent of lessor, Lessee shall not iiI assinn, tfansfer, pledge or hypothecate or otherwise dispose of this Agleement, the Equipment, or any part thereof or any interest therein, liil sublet the Equipment or any part thereof, or liii) pefmit the Equipment to be used for any purpose not permitted by Pmagraph 5 hereoL (b) lessO! intends to sell, assign or transfer all of its fight, title and interest in, to and under this Agleement (including, without limitation, rights in the Equipment and all payments of any kind due or which me to become due to lessor hereunder) to KDC Financinl Limited P,utnership (hereinafter referred to as "Assignee"), nnd lessee hp./eby aglees and consents to such sale, assignment or transfer, and agrees to mnke payments due under this Agleement directly to Assignee pursuant to Assignee's instructions. Assignee shall not further sell, assign or transfer this Agreement. Upon such sale, nssignment or trnnsfer to Assignee, Assignee shall thereafter be deemed to be the lessor hereunder, except thnt Lessor and lessee agree and ackflOwledge that Assignee will have made no replesentation or wmranty, and therefore will assume no obligntion, with respect to the title, merchantability, condition, quality or fitness of the Equipment for any particular purpose, or for the enfolcement of any warranties or service ngreement made or .assigned to lessee by the initial Lessor named helD in. lessee shall, during the term of this Agreement, keep a complete and accllfate record of SUGh sale, aSSiOIll1HHlt or transfer in form necessary to comply with Section 1491a) of the Internal Revenue Code, as amended, an? the regulations, promulgated thereunder. 1 7. Personal Property. The Equipment is and shall at all times be and remnin personal property. 18. Lessor's R~qht to Perform far Lessee. If lessee fnils 10 make any pnyment or perform or comply with any of its covenants or obligations hereunder, lessor may, but shall not lie required to, nlflke such payrmmt or perform or comply with such covenants and obligations on behalf of lessee, nnd the amount of any such payment and the expenses (including but not limited to reasonable attorneys' fees) incurred by lessor in perfOf/lling or complying with such covenants and obligations, as the case may he, together with interest thereon at the highest lawful rate, shall be payable by lessee upon demand. ^ but9.llf,?h.re~? offf/iiPa'mt. ~ l~~seWJils rp~~trany payments specified in Parngraph 1 hereof within ten (10) days after the due date thereof, lessee shall pay to lessor charges at the highest rate permitted by law, but not to exceed 1.5% per month. 20. Notices. Any notices to be given 01 to be selved upon nny party hereto in connection with this Agreement must be in writing and may be given by certified or registemd mail, and shall be deemed to have been given and received forty-eight (48) hours after a registered or certified letter containing such notice, postage prepaid, is deposited in the United States mail, and if given otherwise shall be deemed to have been given when delivered to and received by the party to whom it is adrhessed. Such notice shall be given to the parties at their respective addresses designated on the signature page of this Agreement or at such other address as either party may hefeafter designate. 21. Security Interest. As security for Lessee's covenants nnd obligations hereunder, lessee hereby gIants to lessor, and its heils, successors, assigns and personal representatives, a security interest in the Eqlfi,'ment, all accessions thereto and proceeds therefrom, and, in addition to lessor's rights hereunder, all of the rights nnd benefits of n secured party umler the Uniform COlnrnercinl Code as in effect from time to time hereafter in the Stnte in which tlm Equipment is loented or nny ntlmr Stnte which mny have jurisdiction over the Equipment. lessee agrees to execute, acknOWledge and deliver to Lessor in recOldnble fOlm upon lequest financing statnrllents or any other instruments with respect to the Equipment or this Agreement considered necessary or desirnble by lessor to perfect and continue the security interest granted herein in accordance with the laws of the applicable jurisdiction. 22. Miscellaneous. la) lessee shall, whenever requested, advise lessor of the exnct location and condition of the Equipment and shall give lessor immediate notice of any attachment or other judicial process affecting the Equipment, and indemnify and save lessor harmless from any loss or damage caused thereby. lessor may, for the purpose of Inspection, at all reasonable times enter upon nny job, building or place where the Equipment and the books and records of the Lessee with I!!spect thereto are locntecl. (bl Time is of the essence. No covenant or ohliontions hereundnr tn hp. performed by Lessee nlflY be wnived except hy the writt!!n cons!!nt of Lf!ssor and a wniver of nny such covonanl Of obliontion or a fOllwmnnce to invoko nny Il1nlf!dy on any occasion shall nnt constitute or be treated as a wniver of such cnvnrlflnt or oblination or any olhnr cnvnrlflnt or obligntion as to any olhl'!! oGcnsion nnd sllflll not preclude Lessor from invoking such remedy at any later timo pfior to till! lessee's ClIfO of the condition giving rise to SUGh remedy. Lessor's rights hereunder are cumulative and not alternative. lc) This Agreement shall be construed in accordance with, and governed by, the laws of the Statl'! in which the Equipment is located. (dl 'rhis Agreement constitutes the entire ngreerllent between 11m parties and shall not be modified, waived, discharged, terminated, amended, altered or changed in any respect except by a wfilten document signed by both Lessor and lessee. Ie) Any term or provision of this Agreement found to be prohibited by law or urmnforceable shall be ineffective to the extent of such prohibition or unenforceability without, to the extent reasonably possible, invalidating the remainder of the Agreement. ltf,., II,J~ ]:.,~j U4~U/ Uflyt{t ..~'n't-~ cJL . . (f) The lessor here~hall have the right at any time or times, by not. lessee, to designAte or appoint any person or entity to act as agent or trustee for le I any pU/poses hereunder. (g) All transportation c lArges shall be borne by lessee. lessee will itnmedi eiy notify lessor of any change occurring in or to the Property, of a change in lessee's address, or in any fact or circumstance warranted or represented by lessee to lessor, or if any Event of Default occurs. (h) Use of the neuter gender herein iR for purposes of convenience only and shall be deemed to mean and include the masculine or feminine gender whenever and wherever appropriate, iii The captions set forth herein are for convenience of reference only and shall not define or limit any of the terms or provisions hereof. Ii) Except as otherwise provided herein, this Agreement shall be biriding upon and inure to the benefit of the pal ties hereto and their respective heirs, executors, administrators, legal repreRentatives, successors and assigns, where permitted by this Agreement. ANYTJlING CONTAINED HEREIN 1'0 'l'HB CONTRARY NOTWITllSTANDING. 'l'HIS AGREEMENT SHI\LL NOT BB CONSTRUBD AS CREATING ANY HULTIPLE-FISCl\L YEAR DER'r OR FINANCIAL OBLIGATION ON TlIB PART OF 1'HB LBSSEB WI'l'HIN 'l'HB MBANING OF ARTICLB. X. SBCTION 20 OF TlIB COLORADO CONS1TI'U'I'ION. IN WITNESS WHEREOF, the parties have executed this Agreement as of the 15th day of January, 1997 LES~ T ~wn 0 .Fraser P;-ijy: ! Charles ReId VIce PresIdent FInance Town Manager 5000 Vasquez Blvd PO Box 120 Denver. Denver County. CO 80216 Fraser, Grand County, CO 80442 THE STATE OF Colorado COUNTY OF Grand Before me, the undersigned authority, on this day personally appeared Challes Reid of Town of Fraser known to me to be the person whose name is subscribed to the foregoing Instrument on behalf of lessee, and acknowledged to me that he executed the SAme for the purposes and consideration therein expressed, in the capacity therein stated and as the act deed of said corporation, Given under my hand and seal of office this 15th day of January 19 97 N6t~':y Pubiiil Tn~~d for the State of Colorado My Commission Expires: ISEAl) lover) (u,,,I1d~:fiutJ. - fJ#u1v.'P' _T;,-tl ~= , . . . EXHIBIT B ACCOUNT # 777-19905-000 , $89,934.00 60 I 5.50% EQUIPMENT TERM I INTEREST RATE COST LESSEE'S FISCAL PERIOD: DECEMBER 31 OPTION ro PURCHASE VALUE PAYMENT INTEREST PRINCIPAL DEBT RHMAINING DATE NUMBER PAYMENT PAYMENT SERVICE PRINCIPAL ------------- ------------- ------------- ------------ ------------- ------------- 1/15/97 1 $0.00 $10,143.72 $10,143.72 $79,790.28 7/15/97 2 $2,1194.23 $7,949.49 $10,143.72 $71,840.79 1/15/98 3 $1,9:75.62 $8,168.10 $10,143.72 $63,672.69 7/15/98 4 $1, 7i51. 00 $8,392.72 $10,143.72 $55,279.97 1/15/99 5 $1 , 5!20 . 20 $8,623.52 $10,143.72 $46,656.45 7/15/99 6 $1,2,83.05 $8,860.67 $10,143.72 $37,795.79 1/15/00 7 $1,039.38 $9,104.34 $10,143.72 $28,691.45 7/15/00 8 $7'89.01 $9,354.71 $10,143.72 $19,336.74 1/15/01 9 $5'31. 76 $9,611.96 $10,143.72 $9,724.78 7/15/01 10 $4'18.94 $9,724.78 $10,143.72 $0.00 - - - - - - -,- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- $11,5'03.20 $89,934.00 $101,437.20 -------,------ ------------ ------------- ------------- ------------ ------------- LESSEE: TOWN OF FRASER LESSOR: POWER MOTIVE CORPORATION 1i~~i FRASER. CO ,DENVER, CO '] . -Iz J / 1 " . /' ~,..,., "', .. 1 /--; 1 '-. ( t ! / ilt!(f; ~ , /1 / _ .II ~/ / /, "7'<1-" cG ,.' I -" " ýÿ , , 'l.r.'\ll'.l. ():':~'! . II~" !.J ';1; .1 I' 2 \1 !f~J1"::; 1102 ,\U:Ollllt Numh:'!' 1990~.O EXlJ!nIT A V,f"s.\JUJ:'I}(,) N.,QfJ.,;, () I.' J!.' i\J en.. 1"0'.\'11 <,f .has;;', U':SSr,F ~U.Lt\X\i fIT X_. tlHSJ..~JJ"II() t'J, ~};:,RL\t tH},MJ.lE.K " I [I:i ;-V.l ' '... f. .,...'" .PVJ. ~;.E Oue Komatsu W,\250-1 A 6 5 ~ I. 'J $~9,93iI.OO Wheel L\l(l{}er I.ndur'lillg the fblh.ming attachments, Rylind q)(likJ #1 'I ,If:;} !Iyd COUplel \J.,ith r~l,nk IlanI:. t~:)I' hucket ;;llId ~ H) lint.! Illfllh'l #RVD1342 ren~!::,iJ1g ~:!inw Ifll.)l,'. (1'\ .Ioot) EDI...H.PMI;:N,LLQf..'A'II.t)~.,I./\N.I) J.'1~'[\V\RV I}<SE 15; Fm~el' /""e, hast'! CO, SUeet hlniptr'l1mw(' , D..'U IMPORl ANT - READ IN.CTIONS ON BACK BEFORE FILLING OU r FORM .0 NOT DEl ACH STUB , .t - THI~ SPACE Fon "~F OF FIliNG OFnCER FINANCING STATEMENT - FOllOW INSTRUCTIONS CAREFUllY Thlp r1rmnclllll 51nlemellllo pmoen\ed lot flllnll P"'RUrint 10 the Unllo"" CommetclAI Code end wnt remeln effective with certeln exceDllona for 5 veer8 from dete of fWmo. A. NAME & TEL' OF CONTACT AT FIt.ER loptlonal} lB. flUNG OFFICE ACCI. , loptlonall C. RETURN COpy TO: !Name lInd MlIlllng Address' GDC Financial Limited I Partnership 1333 Butterfield Rd, Suite 600 Downers Grove, IL 60515 L -1 D.OPTIONAl DESIGNATION III ""pllcsble): I ILESSOR/lESSEE I ICONSIGNOIVCONSIGNEE I I NON-UCC FlUNG 1. DEBTOR'S EXACT FULL LEGAL NAME - Insert only one debtor name 11 a or 1 b} - to. ENTTTY'S NAME Town of Fraser OR 1 b. INDIVIDUAL'S LAST NAME nRST NAME lc. MAILING ADDRESS CITY STATE PO Box 120 Fraser CO 1 d. S.S. OR TAX 1.0.# 1... TYPE OF ENTITY 11. ENTITY'S STATE 84-0574911 OR COUNTRY OF - NONE OR SUFFIX 2b.INDIVIDUAl'SLAST NAME nRST NAME 2c. MAILING ADDRESS CITY STATE 2d. S.S. OR TAX 1.0.# 2... TYPE OF ENTITY 21.F.1HIT Y'S STATE OR COUNTRY OF ENTITY DEBTOR ORGANIZATION NONE 3. SECURED PARTY'S lORlGINAL SIP or ITS TOTAL ASSIGNEE' EXACT FULL LEGAL NAME - Insert only one secured party name 13a or 3bl 3.. ENTlTY'S NAME KOC Financial Limited Partnership i OR 3b. INDIVIDUAl'S LAST NAME FIRST NAME MIDDLE NAME I SUFFIX 3c. MAILING ADDRESS CITY STATE ICOUNTRY rOSTAl CODE - 1333 Butterfield Rd, Suite 600 Downers Grove IL 60515 4. Thl. FINANCING ST ATEMENT cover. the lollowlllfl typeo Ot It"",. 01 ptopmty: One Komatsu WA250-1 Wheel Loader, sin A65514 6. CHECK Thl. FINANCING ST AIEMENT I. .Ialled by the Seeurl"d Porly In.tead 01 the Dehlor to perleet A oeel/rlty fnt",...1 7. " flied In f10rldR fcheck onel BOX (A) In conateral ..1reedv ltubJect to .. security Intl'!H::at In Another Jurl.dfr.tlon when It WitS brought Iflto this stnte. or when the r -' Oocumel1fttry r Dor.umentttry stnmr '" applicable! debtor'. locatlon w... changed to thlo etate, or !blln accordance wIth other .tatulory provlelono (additional data may be requlredl .tamp la)( paId tax not applicable 6. REQUIRED SIGNATUREIS, Thi. rtNANCING SI AlEMENI f. to be lIIed "~r .lIenrdl , 1ywn1of Fraser .. 10. 'ec~tdl"d' In th.. nF AI EST A IE nECOnDS Attach Addendum I" appllcRblel )( 9. Check to nEQUEST SEARCIl CERllrtCATEISI on Debtorfo' (ADDITIONAL FEEl r---." .....-- .. ---- ýÿ . e e . mill ~~ ~ TOWN OF FRASER ORDINANCE NO. AN ORDINANCE ADOPTING AMENDMENTS TO THE ZONING REGULATIONS AND RESTRICTIONS OF THE TOWN OF FRASER AND MAKING CONFORMING AMENDMENTS TO THE CODE OF THE TOWN OF FRASER, WHICH AMONG OTHER THINGS, AMEND THE PERFORMANCE ZONING STANDARDS WITHIN THE BUSINESS DISTRICT OF THE TOWN, MODIFIES THE PROCESS FOR REVIEW AND APPROVAL OF PROJECTS WITHIN SAID DISTRICT, AND ADOPT PERFORMANCE ZONING STANDARDS AND REQUIRE REVIEW OF DEVELOPMENT PROPOSALS AND ISSUANCE OF DEVELOPMENT PERMITS FOR DEVELOPMENT IN ALL MIXED USE, ACCOMODATION, LODGING, AND COMMERCIAL ZONED PLANNING . AREAS IN ALL PLANNED DEVELOPMENT DISTRICTS (PDD). WHEREAS" the Town of Fraser has determined that amendments to the Fraser zoning regulations are necessary in order to preserve the historic and mountain character of the community; and WHEREAS, the Town of Fraser desires to adopt architectural and site design standards in order to preserve the historic and mountain character of the community; and WHEREAS, the Town of Fraser has determined that the performance zoning standards in the B-Business district should be applied to all mixed use, accomodation" lodging, and commercial zoned planning areas in all Planned Development Districts (PDD); and WHEREAS, the Town of Fraser has determined that amendments to the Fraser zoning regulations were duly referred to the Fraser Planning Commission which favorably recommended the amendments to the Board of Trustees; and WHEREAS, a public hearing on such amendments was held by the Board of Trustees of the Town of Fraser, Colorado, pursuant to Section 31-23- 304, Colorado Revised Statutes, as amended, and the Code of the Town of Fraser; and WHEREAS, the Board of Trustees finds and determines that the proposed amendments are in the best interests of the public health, safety and welfare of the citizens, residents and taxpayers of the Town of Fraser; and that all applicable requirements of the Code of the Town of Fraser and Colorado Revised Statutes have been met with respect to the adoption of said amendments. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART l' AMENDMENT OF 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 Section 13-3-8.Subsection (1) Permits Required for Development of the Town Code is amended in its entirety to read as follows: ýÿ . - e , (1) Permits Required for Development Preservation and enhancement of the Fraser Business District and all Mixed Use, Accomodation, Lodging, and Commercial Zoned Planning Areas in all Planned Development Districts (PDD) are critical to the community. It shall be unlawful for .any person to undertake" conduct or use, or cause to be undertaken, conducted or used, any development within the Business District or within any Mixed Use, Accomodation, Lodging, and Commercial Zoned Planning Areas in all Planned Development Districts without compling with the provisions of these regulations and obtaining a development permit. 1.2 Section 13-3-8.Subsection (5) Business District Development Permit Process of the Town Code is amended in its entirety to read as follows: (5) Business District Development Permit Process. All applications for development permits within the business district and within any mixed use, accomodation, lodging, and commercial zoned planning areas in all planned development districts (PDD) shall be reviewed and action taken in accordance with the provisions of these business zone regulations. (A) STAFF OR PLANNING COMMISSION REVIEW AND ACTION: Most proposals must be reviewed at least one time by the Planning Commission before final approval is granted. In some instances, Town Staff will be able to grant approval without Planning Commission review. (B) PROCESS. Work session' Prior to submittal of any application for a development permit, the applicant shall meet with Town Staff in order to acquaint the Town with the applicant's intentions, and to acquaint the applicant with the requirements of the Town. Application: Planning Commission hearing, the applicant shall submit an application, and specified fee, to the Town for review and consideration. Ten (10) copies of all submitted materials are required. All applications for a development permit shall include the following: MINOR PROPOSALS: a. Site plan. including parking, and snow storage, preferred scale 1"=20'_ b. All proposed building footprints and elevations. preferred scale 1/4" =1' . c. Building floor plan. preferred scale 1/4'"=1'. d. Drainage plan e. Utility plan. preferred scale of 1/4" =1' . f. Landscaping plan, preferred scale of 1"=20'. MAJOR PROPOSALS: a. Site plan. preferred ~cale 1"=20'. indicating the general site design of the proposal. including all existing and proposed improvements and building footprints_ The site plan shall provide adequate details to evaluate the traffic circulation" parking, snow storage, building footprints, fences, loading points, refuse container locations, public rights-of-ways, and all existing and proposed easements. . e e , b. Building elevations, preferred scale 1/4"=1', of the proposed structure(s) showing: existing ground surfaces, top of foundation, floor elevations, roof line, and any rooftop mechanical units proposed. c. Floor plan, preferred scale of 1/4"=1'. d. Drainage plan, including: an estimate and direction of existing and anticipated storm water and snow storage runoff f I m'TS , all structures required to mitigate the anticipated impe.cts, drainage facilities, finished grade. Silt catch and/or detention basins may be required at the discretion of the Planning Commission. e. Grading plan with existing and proposed topography. 1. Utility plan, preferred scale of 1/4"=1' , including off-site connections. g. Landscaping plan, preferred scale of 1" =20' " including: property lines, existing and proposed structures, existing natural features, location, species, que.nti ty, and size of landscape materials to be planted, and method of irrigation. h. Proof of ownership. 1. Color and building samples of all exterior materials (one set). TlJe applicant .l/JaJ'" also sub.I/Jit a./1J'" supplemental J/late.z'.z'als that thep I'"eel '(frill accu.zCltel:v depict the p.n:7posed p.z'l...'7fect. Additional J/late.z'ials ma}T also be .z-equi.z-ed at the d.z'sc:ret.io./J 01'" the T01ir:n. (C) PROJECT REVIEV AND COMPLIANCE: Vithin fourteen (14) days after the application has been filed, To~.,.n staff shall determine whether the application submitted is complete. If the application is complete, a final hearing shall be scheduled. If the application is not complete, the applicant shall be advised of the deficiencies. (D) FINAL HEARING' Not more than sixty (60) days after a complete application has been submi tted, the Planning Commission shall hold a hearing and review the application for compliance with the development policies established in these business zone regulations. (E) DECISION: The Planning Commission shall have thirty (30) days after the concl~sion of the hearing to make a decision. I The Planning Commission may continue a hearing to allow a more comprehensive review of the project for a period not to exceed sixty (60) days. ýÿ e e If the proposed development complies with all relevant absolute policies (subject to a variance) and is allocated zero or a net positive number of points for the relative policies, the Planning Commission shall approve, with conditions, the proposed development. If the proposed development does not comply with all relevant absolute policies or is allocated a net negative number of points for the relative policies, or if the applicant will not agree to comply with the specified conditions, the Planning Commission shall deny the application. If the original application is denied by the Planning Commission, the Town shall allow the applicant to modify the plan and return for an additional hearing. If, after a second hearing, the project still does not comply with all relevant absolute policies and receives a net negative number of points for the relative policies" then the Planning Commission shall deny the development permit. 1.3 Section 13-3-8. Subsection (8) Business District Development Policies of the Town Code is amended in its entirety to read as follows: lA. USES (Absolute) It is the policy of the Town of Fraser to prohibit uses within the business district and within any mixed use, accomodation, lodging, and/or commercial zoned planning areas in all planned development districts (PDD) that due to the nature of their operation have been determined to be incompatible with the basic purpose of the districts. Uses prohibited are: A. Mineral extraction and processing operations. B. Salvage yards of any variety. C. Rendering plants and operations. D. Livestock operations, excluding small horse or cattle boarding lots, or pastures currently located within the Town. E. Mechanical ~astewater Treatment Facilities F. Chemical manufacturing or storage. ~O~ ~ _ .". G. Hazardous waste operations. ~ lB. USES (Relative) it.~ Possible points 4 X (-4 to +2) . It is the policy of the Town of Fraser to promote commercial developments that are compatible with existing retail and service commercial uses. Both year round and seasonal uses are encouraged. Accessory residential units within cDmmercial structures are preferred. 2. DESIGN GUIDELINES (Relative) Possible points 5 x (-2 to +2) It is the policy of the Town of Fraser to encourage building designs and materials to be architecturally compatible with the historic and natural characteristics of Fraser. To accomplish this goal, new development is encouraged to meet a majority of the following design guidelines: e e Building Elements and Materials' . False front buildings capped by the use of a cornice element are desirable. . Porches with wooden posts, or columns, or functional awnings should be utilized along the street facades of all commercial buildings. All porches and awnings should have an eight (8) foot minimum clearance. . Building materials shall be compatible and in harmony with the natural setting of Fraser. The use of natural stone masonry, exposed ~100d structural beams, logs, hea"lY timbers, stucco and masonry are all acceptable materials. The use of natural stone masonry as a foundation up to a height of at least 36'" is encouraged. . The backs of building must have the same overall design as the front of a building. Mass: . The mass of the building should be compatible to the adjacent buildings. Roof Elements and Design" . Pitched roofs with false front facades are desirable. . Where pitched roofs are used, they shall be designed in a manner that provides variation in roof lines to break up large expanses of roof, and to add archi t.ectural. interest t.o the roof. long uninterrupted exterior walls and/or roof lines should be avoided. b ~~. Snoy management is critical in Fraser's mountain climate. Roofs ~~ should be designed to either hold snow, or shed snow in appropriate ~ ~ areas. Use of snow guards and protected entries in high risk areas is ~ or ~ encouraged. ~\') /}. ~:\ (f'\ Colors: ~\ . Colors of buildings should predominately be natural colors and stains. Bright colors should be reserved for trim, etc. Vindows: . Display windows on the first floor should face the primary street frontage and provide visual interest. 3. SITE DESIGN (Relative) Possible Points 4 x (-2 to +2) The Town hereby finds that it is in the public interest for all development sites to be designed, and developed in a safe, eff icienL and aesthetically pleasing manner. The arrangement of all functions, uses, and improvements should reflect the natural characteristics and limits.tions of the site" and adjacent property. Specific site design elements that should be considered include: Building Orientation: . Buildings should be oriented parallel to the primary street front. A skewed building orientation should be avoided. ýÿ e e Pedestrian Orientation and Amenities' . The site should be laid out in a manner that reinforces the pedestrian orientation of the neighborhood. . Benches and other pedestrian elements are encouraged. Natural Features' . It is necessary to preserve as much of the existing natural features and vegetation on the site as possible, The proposed development shall minimize the visual destruction of natural land forms caused by cutting, fill ing, grading, or vegetation removal. 4. HEIGHT (Absolute) It is the policy of the Town of Fraser that no buildings within the business district and within any mixed use, accomodation, lodging, and commercial zoned planning areas in all planned development districts (PDD) shall exceed 3S_feet in height. 5. STREAM SETBACKS (Absolute) ~ m1n1mum 30 foot w1de strip of land measured horizontally from the mean identi iao e 19 water mark shall be preserved for use as open space, landscaping, etc. " from all creeks and drainageways. A greater setback of up to a total of 150 feet may be required at the discretion of the Planning Commission. \l~:~u... rOCA-d.IM-c.,..? ~. ~~~~AL AND STORAGE (Absolute) ~equate space shall be provided within the development for the storage of snow, It is required that a functional snow storage area be provided which is equal to at least 33% of the area to be cleared of snow. Specific areas to be cleared shall include the full dimensions of roadl.Tays, walk~'1a~1s , and parking areas, Snow storage areas shall be designed so that snow is not stored in a manner ~\l'here, when melting, it directly discharges into any streams or waterways. Slit catch and/or detention basins may be required at the discretion of the Planning Commission. 7. 0) ~t' 'P87(&~ ~~i)"'l~ STORAGE (Relat1ve) Possible points' 2 x (-2 to +2) All developments are encouraged to provide ample storage areas. Stor'age areas shall include storage space for vehicles, equipment and goods. B. REFUSE AND SERVICE AREAS (Absolute) All trash areas shall be easily accessible by trash collection vehicles and screened from public view by either landscaping or a fence that is architecturally compatible with the development. Unsightly mechanical and electrical equipment, and all service areas shall be screened from public view. e e . 9. EXTERNAL CIRCULATION (Absolute) Vehicular Circulation. The type, arrangement, location, and size of all roadways shall be in compliance with the standards found in the Fraser Subdivision Regulations. Where new developments abut a public right-of- way that does not meet the existing Town street standards, it sha.ll be the responsibility of the developer to improve the public right-of-way in compliance with Town standards including, but not limited to the dedication of additional right-of~way and easements, paving of streets" installation of curbs, gutters, dra.ina.ge, lighting, signo.ge, side~ofalks , and pedestrian/bicycle paths. When a change of use is proposed contiguous to an existing street, the project shall not be required to make street improvements, but may be required to meet all other pro~1isions of this section. Ingress/Egress: Access into commercial projects shall be limited in order to reduce conflicts between pedestrians and automobiles. The provision of two vehicular access/egress points for every project is not always required nor appropria.te in these districts. Access onto the State highway is controlled by the Colorado Department of Transportation and requires a permit from this agency. Pedestrian/Bicycle Circulation. Development and installation of pedestrian systems is required. This ~ril1 include the provision of sidewalks and pedestrian or bicycle pathways adjacent to the site necessary to tie into existing and proposed trail systems. Pedestrian and bicycle paths shall be in compliance with the standards found in the Fraser Subdivision Regulations. lOA. PARKING (Absolut.e) Location: All required parking shall be provided on site. Number of Spaces: The number of parking spaces shall be provided as required by Section 13-8-12 of the Fraser Municipal Code, 'tori th the exception that the Planning Commission may reduce the number of required spaces by up to 20% when parking is provided in common for more than one business. ~: For parking lots with less than ten (10) parking spaces, the parking spaces shall be 10'x20' " except. for handicapped spaces which shall be 14'x20' . For parking lot.s with ten (10) or more parking spaces, 80% of the required spaces shall be at 10"x20', while the remainder of the spaces may be reduced to 9'x18' . Landscaping: For parking lots wit.h ten (10) or more parking spaces, the use of fences, hedges, earthen berms, or other appropriate landscaping features is required to minimize the visual impact of large paved surfaces. Paving: All parking areas and driveways shall be paved with either asphal t , concrete, or other acceptable hard surface material meeting Town standards. ýÿ e e . Lightinq: All parking areas shall provide lighting. Light fixtures and poles shall be compatible with the architectural character of the community, and shall not be greater than 20 feet in height. The light shall only be directed on-site, and shall have a maximum wattage of no greater than 175 watts. Maintenance: All improvements made to the parking lot, driveways and a.ccess roa.ds, including signage, lighting and all other improvements approved as a component of the project shall be maintained in a safe manner that meets the intent of the original permit. Maintenance shall include repairing potholes and resurfacing the parking lot. lOB. PARKING (Relative) Possible points' 4 x (-2 to +2) It is encouraged that each development design their parking in a manner that exceeds the minimum requirements of the t.mm. The tmm wi 11 evaluate the implementation of this policy based on how well the application meets the following criteria: Orientation and Location: Parking lots should be located behind buildings, or on the side of buildings and screened from public view by the use of fences, hedges, earthen berflls, or other appropriate landscaping features. Large parking lots should be broken up through the use of landscaped islands which can also be used for the storage of snow in the winter. Joint Parking Facilities: The utilization of joint parking facilities to minimize the proliferation of parking areas is encouraged. Common Driveways: The sharing of common driveways leading from public streets or alleyways to off-street parking facilities by more than one use or parcel of land is encouraged. Landscaping: All parking lots with ten (10) or more parking spaces shall be adequately screened from any adjacent residentially zoned parcel or public right-of-way by a strip of land at least five (5) feet in width landscaped with a combination of trees and shrubs. The landscaping area shall contain trees at a ratio of one (1) tree per fifteen (15) linear feet, with the trees being a minimum of six (6) feet in height. 111. LANDSCAPING (Absolute) The Town finds that it is in the public interest for all developments to provide landscape improvements for the purpose of complimenting the natural environment, and improving the aesthetic appearance of the community. Maintenance: All plantings shall be maintained in a healthy, and attractive condition. Maintenance shall include, but not be limited to, watering" fertilizing, ~7eeding , clea.ning, prunl.ng" trimming" spraying and cuI tivating. Landscaping structural features such as fencing, planter boxes, etc. , shall be maintained in a sound structural and attractive condition. Whenever plants are removed or die, they shall be replaced by planting materials as soon as possible that meet the original intent of the approved landscaping design" or a new design approved by the Town. e e . Standards Criteria and Requirements: All parking lots, and commercial storage and service areas shall be screened from all public rights-of-way or adjacent residential property by the use of landscaping, berming, fences, or a combination of landscaping and other structural features to a minimum height of four (4) feet. All surface areas that will not be a hard surface shall be planted with adequate ground cover as approved by the Town. Irrigation systems shall be provided if necessary. lOB. LANDSCAPING (Relative) Possible Doints' 4 x (-2 to +2) All developments are strongly encouraged to make landscaping improvements which contribute to the objective of providing a more attractive community. To meet this goal, all projects will be evaluated on how well they implement the following suggested criteria: . It is encouraged that a least one tree a minimum of eight feet in height be planted for every 15 feet of linear distance along public rights-of-way. . It is encouraged that all landscaping areas have a minimum dimension of five feet. . It is encouraged that all planting materials proposed for areas also designated for snow stc.cking c.reas be of a size or type that will llot be adversely affected bV the proposed snow storage. . It is encouraged that curbs be utilized for parkillg areas adjacent to landscaping in' those instances where the devices will not interfere with proper snow plowillg operations. . It is ellcouraged that whell a parking lot and public right-of-way are COlltiguous, a lalldscaped area a millimum of five (5) feet in l1idth, separating the parking lot from the right-of-waV. . It is encouraged that additional landscaping within public rights-of- way be provided to enhance the aesthetic beauty of the community. This lc.ndscaping shall be coordinated with the Town and may be either adjacent to or off site. 12. TRANSIT (Relative) Possible points' 3 x (-1 to +2) The inclusion of or the contribution to a permanent non-auto oriented transit system, desiglled to facilitate the movement of persons to and from Fraser or within the Town is strongly encouraged. Encouraged improvements include the provision of additional bus stops, improvements to bus stops including benches, sigllage, lighting, lalldscaping, shelters, or other appropriate improvemellts. 13. LOADING (Relative) Possible points' 2 x (-2 to +2) Loadillg areas shall be cOllstructed that provide adequate space for the loadillg and ullloading of persons, materials.. and goods in relatiollship to the lleeds alld requiremellts of the project. 14. UTILITIES/CONSTRUCTION ACTIVITIES (Absolute) 9'ater: If water service is required, it shall be provided ill conformance with Section 13.3.1.E. of the Fraser MUllicipal Code. ýÿ . e e " SelTer: All developments shall be served by adequately sized and constructed sewer systems. Underground Utilities: All utility lines, on and off-site, shall be placed underground. Transformers or connection boxes may be located above ground when adequately screened with planting material. Surface Disruptions and Rehabilitation: All roadway surface disruptions shall be restored to original" or an improved condition. 15. DRAINAGE (Absolute) It shall be the responsibility of the a.pplicant to provide drainage improvements as required by the Town. The applicant shall provide engineered data, sufficient to indicate that the drainage from the proposed development will not adversely affect any downstream properties or the community as a whole, and shall design and install all drainage improvements in compliance with Section 6-6-1 and 6-6-2 of the Town of Fraser Subdivision Regulations. Silt catch and/or detention basins may be required at the discretion of the Planning Commission. 16. ~ATER QUALITY (Absolute) The developer shall show evidence and plans to ensure that the proposed development will not result in degradation of streams. This condition shall apply to both the proposed construction activities as well as the ultimate use of the land. Items such as percolation pits, settling ponds, infiltration galleries, sa.nd traps, grassed waterways, a.nd t. he ma.int.enance of t.hese items shall be addressed and resolved prior to issua.nce of a. building permit. No direct. discha.rges to a. creek, st.ream or river are allowed unless preceded by one or more of the abm1e wat.er quality control measures. 11. EROSION CONTROL (Absolute) Erosion cont.rol plans are required for all developments on sensitive sites. All drainage from t.he site during construction must go through an erosion control device. Erosion can be controlled in a number of ways such as keeping the disturbed area small, quickly restabilizing disturbed areas, diversion of clean off-site water around the site, or pipe through t.he site and retention of sediment wit.hin the disturbed area. .18. FLOOD PLAINS (Absolut.e) For any developments located within the 100 year flood plain, a. plan of on-site flood prevention, control and hazard mitigation shall be prepared and implemented according to the provisions bf the Town. 19. GEOLOGICAL HAZARDS (Relative) Possible points' 2 x (0 t.o +2) Developments proposed for suspected geological hazard areas should be designed or reviewed by a qualified professional geologist.. Improvements including buildings, parking ar'eas, ingress or egress should not be located within the fault, slide, unstable soils.. or other hazard areas, and where improvements are located within hazard areas, all negative impacts should be mitigated. 20. ENERGY CONSERVATION (Relative) Possible points' 2 x (0 to +2) The implementation and operation of systems or devices which provide an effective means of renewable energy are encouraged. ýÿ . e e . 21. DISABILITY STANDARDS (Relative) Possible points' 2 x (0 to +2) It is encouraged that all structures and circulation systems be designed in a manner that provides access for individuals with physical disabilities over and above those required by the Uniform Building Code and Americans for Disabilities Act. 23. INFORMATIONAL SIGNAGE (Absolute) It shall be the responsibility of the developer to install all necessary informational signage including directional signs, emergency signs, signs relating to safety, signs designating handicapped parking spaces, and all other signs necessary to meet the needs of the Town. 24. PUBLIC TELEPHONES (Relative) Possible points' 2 x (0 to +1) It is encouraged that all commercial and lodging developments install a pay phone. 25. MINIMUM LOT SIZE (Absolute) No development shall be placed on a lot containing less than 5.000 square feet, except in those instances where the lot was an existing lot as of the date of adoption of this Ordinance #210 of the Town of Fraser. 26. AIR QUALITY (Absolute) The installation of wood burning appliances must meet the regulations established in Article 7-8 of the Fraser Municipal Code. The installation of coal burning appliances is prohibited. 27. RESIDENT HOUSING (Relative) Possible points. 4 x (-2 to +2) It is the policy of the town to encourage the construction of resident housing. The creation of resident housing is critical to the health. safety and welfare of the community. In commercial or office projects, it is encouraged that resident housing be provided on the second floor. PART 2. REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as enacted 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 anyone or more sections, subsections, sentences. clauses and phrases thereof be declared invalid or unconstitutional. ýÿ . e e . PART (. 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 day of , 1997 BOARD OF TRUSTEES OF THE TOVN OF FRASER, COLORADO BY: ATTEST: Virginia Vinter, Town Clerk ýÿ . . I , TOWN' OF FRASER SALES TAX REPORT 1993 - 1996 :1 ~ 1993 1994 %93-94 1995 %94-95 JAN. $59,924 $53,571 -11.86~~ $36,949 -44.99% FEB. $106,560 $73,427 -45.12% $10{,440 31.66% MAR. $74,739 $84,387 11,.43% $92,143 8.42% APR. $51,456 $55,081 6.58% $54,540 -0.99% t'1A Y . $24,468 $35,162 30.41% $4t,882 16.05% JUN. $48,359 $59,891 19.25% $53,193 -12.59% JUL'. $53,211 $69,225 23.13% $72,748 4.84% AUG. $55,044 $67,063 17'.92% $7f,380 11.03% SEPT. $52,665 $88,428 40.44% $101,602 15.46% OCT. $48,544 $40,175 -20.83% $50,672 20.72% "IOV. $61,388 $47,599 -28~97% $52,726 9.72% I DEC. $39,770 $90,721 56.16% $8f,523 -3.65% , $852 ;.597. TOTAL $676,128 $764,730 11 " 59~~ $82'1,798 7.84% BUDGET $626,000 $626,000 $63!?,412 $730 ,OQ '. $50,128 $138,730 $19~,386 $122. ,59 1 'I' ~ :1 ,J 'i I 'I i i I I I I J ':,; . . 'I ~ I 11i it) ,I. . i ; I I t ýÿ . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 j MEMORANDUM i I I I TO: Town Board I I I I FROM: Cheryl Chesson I DATE: February 18, 1997 I SUBJECT: Status of Business Licenses for 1997 I I I I I I To provide an update of our current businesslic~nses, the numbers break down as follows: i I Fixed Businesses . 74 Horne Occupation~ 15 Non-Fixed Businesses 131 I TOTAL: I 220 Businesses , I I Of those 220 businesses, 145 have paid for their '1997 license and 75 have not yet paid. I sent a follow-up letter on February 10th to those!who haven't paid. I hope to have these remaining license fees in by mid-March. I I I I 1 I I . . 14th JUDICIAL DISTRICT ATTORNEY7S OFFICE GRAND. ROUTT. MOFFAT COUNTIES _~__M_______..__ PAUL It McLIMANS DISTRICT ATTORNEY February 4, 1997 Town of Fraser P.O. Box 120 Fraser, CO 80482 This letter is to inform you of the disposition of Case 96JD56 regarding Jacob Allan in whioh you were involved as a victim. The defendant pled guilty to Criminal Mischief. He was sentenced as follows: ( X) Fines and Costs () Useful Public Service ( hours) ( X) Restitution in the amount of $1,000.00 () I days in County Jail () Counseling (X) Probation - 2 Years (X) Other -- Letter of Apology to be Published in the Manifest. If you have further questions, please contact me. Si~Cere~y, . C~J~ ~twIbrt--- Christine Amundson Office Manager ~RAND o ROUlT o MOFFAT 416 BYERS COURTHOUSE ANNEX 221 W. VICTORY WAY P.O. BOX 168 P.O. BOX 770129 MOFFAT COUNTY COURTHOUSE HOT SULPHUR SPRINGS, COLORADO 80451 STEAMBOAT SPRINGS, CO 80477 CRAIG, COLORADO 81625 (970) 725-3371 FAX 725-3446 (970) 879-1146 FAX 879-6276 (970) 824-7041 FAX 824-4841 ýÿ l'( ::...., - . . V AN VOORHIS, MeGA TH & OVERTURF, P.C. A PROFESSIONAL CORPORATION A TIORNEYS AT LAW 1675 BROADWAY, SUITE 2350 DENVER, COLORADO 80202 (303) 592-4250 ( FAX (303) 592-4298 February 5, 1997 Mayor Jeffrey Johnston Town of Fraser P. O. Box 120 Fraser, Colorado 80442 Re: Town Purchase and Use of Planning Area 28 Dear Jeffrey: This is in follow-up to the special meeting of February 4, 1997 and our brief discussion of February 5, 1997. On behalf of the Fraser Cemetery Association, thank you for convening and inviting us to the special meeting in an attempt to mediate the serious land use questions between the cemetery and Planning Area 28. If the town proceeds to purchase Planning Area 28, we look forward to providing input to the town as to an appropriate use of the upper elevation, consistent with the current and historic use of the town's cemetery. I am concerned portions of my January 31, 1997 correspondence lacked clarity for certain members of the town board. As we discussed, my reference to a height restriction on the lower elevations of Planning Area 28 is directly related to the important issue of maintenance of view corridors. Our request for a height restriction is not a new request. Rather, it is one that permit construction in a view corridor. Height restriction is only necessary to discuss if the use of Planning Area 28 contemplates the placement of a structure in the view corridors. I also want to address Ms. Skelton's inquiry regarding whether the Cemetery Association demands easements or other written protections, as previously requested .. . . - .- . . . -..'~ . Mayor Jeffrey Johnston February 5,1997 Page 2 from the developers, for the exclusive entrance, screening and view corridors if the town purchases Planning Area 28. As discussed, we share the view the protections are to be in writing. We request the town either provide easements or in the trustees' purchase resolution it is expressly delineated that the purchase is not only for public works buildings, but also to maintain the screening, view corridors across Planning Are~ 28 and integrity of the entrance to the cemetery. The Cemetery Association is confident the present Trustees understand the issues and share the Cemetery Association's vision for the future. A recordable writing, though, concerning these matters shall benefit future generations in protecting the cemetery and community. As always, if you have any questions or comments, please do not hesitate to call. Very truly yours, V AN VOORHIS, McGATH & OVERTURF,P.C. !f-PA < R : ~s L. ~i:~on RLL/ ts cc: Fraser Cemetery Association ýÿ . . 14th JUDICIAL DISTRICT ATTORNEY~S OFFICE GRANO. ROUTT. MOFFAT COUNTIES ----~_._--_..-._---- PAUL R. McLIMANS DISTRICT ATTORNEY February 4, 1997 Town of Fraser P.O. Box 120 Fraser, CO 80482 This letter is to inform you of the disposition of Case 96JD56 regarding Jacob Allen in which you were involved as a victim. The defendant pled guilty to Criminal Mischief. Be was sentenced as follows: ( X) Fines and Costs () Useful Public Service ( hours) (X) Restitution in the amount of $1,000.00 () , days in County Jail () Counseling (X) Probation - 2 Years ( X) Other -- Letter of Apology to be Published in the Manifest. If you have further questions, please contact me. SirCere~y , . ~tcJw ~~ Christine Amundson Office Manager ~RAND o ROUTI o MOFFAT 416 BYERS COURTIlOUSE ANNEX 221 W. VICTORY WAY P.O. BOX 168 P.O. BOX 770129 MOFFAT COUNTY COURTHOUSE HOT SULPHUR SPRINGS, COLORADO 80451 STEAMBOAT SPRINGS, CO 80477 CRAIG, COLORADO 81625 (970) 725-3371 FAX 725-344~ (970) 879-1146 FAX 879-6276 (970) 824-7041 FAX 824-4847 ýÿ .. "- v. . \'''' \lo.. ....; .'" J/.fZ ( """' ~ .Ail. w ~.. '.1" ..' ... ~~ I>~~~' ,4. \\ ~. J' oj,. V~~ ~~~~.~ ,\'"It;~.,....~ .~ -~,~~ , .;~.~~-' ~ . ~ )...1 ...... _. ___ i... CQANO- CXC1fJj} .January 15..1997 . TUhll \lrFn.t.\~1 P.(). Box 120 Fnl;j~f, Cu. 80~..U D~.tr FriI:Uli~, ThauK you !t)i' your 1996 .:onlrihlllinll 01'$]00.00 to Grand Cach~, With the help III' illdi vi,I.,..!:> dud bh~inr;:):,;;;.,. Jik~ YOH, y"th comnumil y I1lAld hdped it~ member I organmtliom, Plll\ ide Ih~l~ or 1'.1\\1 eo~t s.:rviccs Il} many residents or Gnmd County. 'r.11!}:th~r We ~an Ill:lL~ a diH~r~nclJ. i Sinci.:rdy, : /Mo-~a1ti DAk& J\j;41 ~,1I ,~I ,)\. J ~ilI I '!'1,:.,.;lU\.:! ! ! , ! , j i i I I CQAND CA(~f1r on It:u:17i'1 L IJnJ .~lJJ,,,J..Ul ..I{,..,,,in,," ,1,,/n"'....J.., Qfllh,'/