HomeMy Public PortalAboutTBP 1998-04-01
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120/153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Une: (970) 726-5518 I
Manager's Briefing, 3/27/98 I
A packet for an April Fools' Day meeting!!!
Wednesday night begins with a workshop at 6:00 p.m. to discuss MaryvaIe s proposed
Metropolitan Districts. The Town's consultants, Lorraine Hayes and Ron .tchell will be here
to discuss this with you. The service plans and notes from the consultants included in the '
packet. ROd McGowan, Lorraine, Ron, and I had a prodUctive meeting wi Maryvale earlier
this week about the service plans and I think they are close to a format wi which I feel
comfortable. I guess we'll see.
Moving on. .. Its a Maryvale discussion night, with a little bit about water
thrown in for diversity!
We'll pick-up the MaryvaIe discussion where we left off last Friday, or at ed.nesday's Planning I
Commission meeting. The packet has details. A new PDD application not included in the
packet because not enough had been changed since the last version.
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And now for something completely different: we'd like to amend the town' water access policy I
(which we adopted last year) and the excavation policy. The biggest chang include deposits
that guarantee certain performance. We'll go over the proposed changes dnesday night
before we go through a lot of administrative legwork. I
The Planning Commission decided that they definitely want a second acces provided at the new
Safeway site. Staff concurs with this decision and will be attempting to iro -out details with I
Safeway on Monday.
See you Wednesday!!!
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TOWN BOARD
MARCH 4, 1998
The regular meeting of the Town Board was called to order at 7:30 p.m.
were Mayor Johnston, Havens, Swatzell, KJancke, Sanders and WJISing.
were Reid, Trotter, Winter and Stone.
Swatzell made a motion to approve the 2/18/98 minutes as written, 2nd Ha canied.
OPEN FORUM
None
CHAMBER REPORT
Catherine Ross gave the monthly Chamber report. I
GARY DEFRANGE! VILLAGE PRESENTATION
Gary DeFrange discussed the proposed Village with the Town Board. Most 0 the
discussion related to parking and employee housing.
SNOWMOBILE RACES
Brian Monroe discussed the snowmobile races that have been held and future aces
proposed. The property that is presently being used is in the County, but w:iJ1 annexed to
the Town. It is posstble to have the Nationals in Fraser next year jfthe Town ovesof
this and helps sponsor the event Board is mostly concerned with the access the
property from the Highway. Monroe w:iJ1 get back to the Board with further. onnation.
ACTION ITEMS
Resolution No. 3/1/98
WU'Sing made a motion adopting Resolution No. 3/1/98 amending Resolution l. o. 's 8-1-
96, 2-3-97 and 9-1-97 concerning conditional approval of the service plan for e proposed
Residential Metropolitan District, extending the time frame to April 23, 1998, d KJancke,
canied.
Resolution No. 3/2/98
Swatzell made a motion adopting Resolution 3/2/98 amending Resolutions No. 8-2-96, 2-4-
97 and 9-2-97 concerning conditional approval of the service plan for the prop sed
Commercial Metropolitan District, extending the time frame to April 23, 1998, nd
Sanders, carried.
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STAFF CHOICE
Reid advised the Board that Grand COlUlly will take over the maintenance of e Parkway.
Reid attended the W"mter Park council meeting regarding the Village. I
Trotter showed mapping of the proposed 3 mile plan to get any changes the oard would
like prior to a fiDa1 map being prepared.
SwatzeD made a motion to give a donation to the Prom Party in the amount last year, 2nd
WIl'Sing, canied.
No further business, meeting adjoumed.
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SPECIAL MEETING
TOWN BOARD
MARCH 9, 1998
The special meeting of the Town Board was called to order at 8:00 a.m. Board present
were !vIayor Johnston, WII'Sing. ~ SwatzeD and Klancke. Staff present were Reid
and Wmter.
ACTION ITEMS
Reid advised the Board that the Town has received 2 separate annexation petitions and that
they appear to be in apparent confonnity with State Statutes.
Resolution No. 3/3/98
WlfSing made a motion to adopt Resolution No. 3/3/98 accepting the petitions for
annexation on 5 tracts ofland and to set a public hearing on April 15, 1998 at 8:00 p.m. to
consider annexation of these parcels, 2nd Havens, canied.
Resolution No. 3/4/98
Swatzcn made a motion to adopt Resolution No. 3/4/98 accepting the petition for 224 acres
of land and setting a public hearing on April 15, 1998 at 8:30 P'm. or immediately fonowing
the previous hearing, for consideration of annexation of this property, 2nd Havens, canied.
No further business, meeting adjourned at 8:15 a.m.
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TOWN BOARD !
MARCH 18, 1998
6:00P.M. TO 7:30 P.M. WORKSHOP
Review various doclmlents relating to the lVIaryvale proposed amended POD.
The regular Board meeting was called to order at 7:30 p.m. Board present were Mayor
Johnston, Sanders, Havens, McIntyre and Swatzell. Staff present were Reid, Trotter,
Wmter and Stone.
OPEN FORUM
Jerry Classen, from now reviewed a request to install a collection box for the collection of
deer heads that need to be analyzed for chronic wasUng disease. Board asked for
additional infonnation.
ACTION ITEMS
Board received a letter from Barna's Q1dog for a waiver of one of the required plant
investment fees regarding a new business and residen1ial use. I
Havens moved to require the 2 taps fee as detennined by the Water Ordinance, 2nd I
Swatzell. Board directed staff to look at some defmed mangement on this type of owner
living quarter above a small owner business and bring information back to the Board.
DISCUSSION ITEMS I
Reid briefly discussed a proposal to amend the Clayton Subdivision Improvements
agreement This agreement must be amended as addi1ional items have been completed or
changed mandating a change to the agreement Mr. Clayton and the Town Manager have I
been working on proposed changes. Mr. Clayton prefers to trade out any improvements
that he is responsible for in trade for 2 lots to the Town, and the Town can take over the
responsibility of improvements. Reid showed a cost factor for the improvements. Cheri
Sanders declared a conflict of interest and removed herself from any Trustee response.
Members of the family discussed issues.
~IcIntyre made a motion to get an appraisal of the lots, 2nd Havens, canied. I
Safeway discussion pulled. I
BOARD CHOICE
Trotter was asked to contact the Baptist Church as get an update on their construction I
progress.
No further business, meeting adjourned at 9:00 p.m.
Workshop continued.
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This agreement is made and entered into this 15th day of April~ 1998 by and between Mary Jo
and Steve Sumrall, ("annexor") and the Town of Fraser, Colorado, (Town).
In consideration of the mutual obligations, benefits, duties, and promises, the parties agree as
follows:
1. Annexor is the owner of the property described as "tract 1" in Exhibit A attached hereto
(identified as the "property" in this document).
2. Town shall initiate the annexation and zoning processes to annex the property into the Town
on March 6, 1997, or as soon thereafter as the Town deems appropriate. All applicable
annexation and zoning fees are waived by the Town. The Town will annex the property in
conjunction with other properties as shown on Exhibit A.
3. Nothing contained in this agreement shall constitute or be intelplcted as a repeal of existing
codes or ordinances or as a waiver of Town ' s legislative, governmental, or police powers to
promote and protect the health, safety, or general welfare of the municipality or its inhabitants;
nor shall this Agreement prohibit the enactment or collection by Town of any fee which is of
uniform or general application, or necessary for the protection or promotion of the public health
or welfare.
4. If the annexation of the property or any portion thereof is challenged by a referendum or an
initiative, all provisions of this Agreement, together with the duties and obligations of each
party, shall be SUSpended pending the outcome of the election. If the challenge to the annexation
results in disconnection of the property.ftom Town, then this Annexation Agreement and all
provisions contained herein shall be null and void and of no further effect, except as otherwise
provided herein. If the challenge fails, then Annexor and Town shall continue to be bound by all
the terms and provisions oftbis Annexation Agreement
5. In the event that the annexation of the property or any portion thereof is voided by the final
action of any court (such action not being associated with a referendum or initiative election),
Town and Annexor shall cooperate to cure the legal defect which resulted in disconn,ection of
the property, and upon such cure this Annexation Agreement shall be deemed to be an
agreement to annex the property to Town pursuant to 31-12-121, C.R.S. Annexor shall reapply
for annexation, or the Town may sign, as Annexor's attomey-in-fact,a petition to annex, when
the property becomes eligible for annexation as determined by Town.
6. It is understood and agreed by the parties hereto that if any part, term, or provision of this
Agreement is by the Courts held to be illegal or in conflict with any law of the State of Colorado,
the validity of the remllining portions or provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the agreement did not contain the
particular part, term, or provision held illegal or invalid
7. Annexor bas requested that the property be zoned, "Business~' with all applicable uses by right
in accordance with the Fraser Zoning Ordinance. The Business zone designation is compatible
with surrounding development and land uses, promotes the objectives of the Town's Zoning
Ordinance, and is the most reasonable and appropriate zoning for the Property. ADnexor shall
have the right to disconnect from of Fraser if the property is not zoned Business.
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8. Except as expressly provided herein, all Town ordinances, regulations, codes, policies and
procedures shall be applicable to the use and development of the Property.
9. The Town will provide municipal services to the Property to the same extent, and upon the
same terms and conditions, as those services are provided throughout Fraser except as identified
below:
a) Water service shall be extended by the Town to serve the property no later than
October 31, 2000, unless otherwise agreed to by the parties.! ~f;
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b) Any decreed water right soci~ted with the propertikhall be deeded to Fraser
no later than October 31, 2000, unless otherwise agreed to by the parties.
c) Annexor shall have the right to utilize the domestic well that exists on site
(subject to State regulations) until October 31,2000, unless otherwise agreed to
by the parties.
d) Annexor shall be allowed continued use of the existing septic system per the
terms of the annexation agreement with the Fraser Sanitation District (Exhibit B). I
10. Annexor shall be allowed direct access to the "Fraser Valley Parkway" after the same has I
been constructed. Said access shall be requested by annexor and reviewed by the Fraser I
PJanninB Commission at such time that access is reques1ed by annexor.
11. This Agreement shall be recorded with the Clerk and Recorder of Grand County, Colorado
and shall run with the land, and shall be binding upon and shall inure to the benefit of the heirs, I
successors and assigns of the parties hereto.
12. This Agreement embodies the whole agreement of the parties. There are not promises,
terms, conditions, or obligations other than those contained herein, and this Agreement shall
supersede all previous communications, representations or agreement, either verbal or written,
between the parties hereto. This Agreement may be amended by written agreement between the
Annexors and the Town acting pursuant to Town Board's authorization.
13. This Agreement shall be effective and binding upon the parties immediately upon the
effective date of an ordinance annexing and zoning the Property regardless of whether the
Agreement is executed prior to or following the effective date of said ordinance annexing and
zoning the Property.
Mary Jo Sumrall Steve Sumrall
STATE OF COLORADO )
) ss.
COUNTY OF GRAND )
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This agreement is made and entered into this 15th day of April, 1998 by and between J. Scott
Bradley, Peggy L. Lore, Otto Tschudi, and Yvonne Louise-Erickson Tschudi, ("annexor") and
the Town of Fraser, Colorado, (Town).
In consideration of the mutual obligations, benefits, duties, and promises, the parties agree as
follows:
1. Annexor is the owner of the property described as "tract 3" in Exhibit A attached hereto
(identified as the "property" in this document) and, furthermore, that J. Scott Bradley has the
authority to enter into this agreement. If Annexor needs to obtain the consent or agreement of
another party in order to effectuate this agreement, Annexor shall do so and shall provide
adequate and necessary documentation to the Town regarding the same (Exhibits B and C).
2. Town shall initiate the annexation and zoning processes to annex the property into the Town
on March 6, 1997, or as soon thereafter as the Town deems appropriate. All applicable
annexation and zoning fees are waived by the Town. The Town will annex the property in
conjunction with other properties as shown on Exlubit" A.
3. Nothing contained in this agreement shall constitute or be interpreted as a repeal of existing
codes or ordinances or as a waiver of Town's legislative, governmental, or police powers to
promote and protect the health, safety, or general welfare of the municipality or its inhabitants;
nor shall this Agreement prohibit the enactment or collection by Town of any fee which is of
uniform or general application, or necessary for the protection or promotion of the public health
or welfare.
4. If the annexation of the property or any portion thereofis challenged by a referendum or an
initiative, all provisions of this Agreement, together with the duties and obligations of each
party, shall be suspended pending the outcome of the election. If the challenge to the annexation
results in disconnection of the property from Town, then this Annexation Agreement and all
provisions contained herein shall be null and void and of no further effect, except as otherwise
provided herein If the challenge fails, then Annexor and Town shall continue to be bound by all
the terms and provisions of this Annexation Agreement.
5. In the event that the annexation of the property or any portion thereof is voided by the final
action of any court (such action not being associated with a referendum or initiative election),
Town and Annexor shall cooperate to cure the legal defect which resulted in disconnection of
the property, and upon such cure this Annexation Agreement shall be deemed to be an
agreement to annex the property to Town pursuant to 31-12-121, C.R.S. Annexor shall reapply
for annexation, or the Town may sign, as Annexor's attorney-in-fact, a petition to annex, when
the property becomes eligible for annexation as determined by Town.
6. It is understood and agreed by the parties hereto that if any part, term, or provision of this
Agreement is by the Courts held to be illegal or in conflict with any law of the State of Colo~o,
the validity of the remaining portions or provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the agreement did not contain the
particular part, term, or provision held illegal or invalid.
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7. Upon annexation, the Town agrees to zone the property "Business" with all applicable uses
by right in accordance with the Fraser Zoning Ordinance. The Business zone designation is
compatible with surrounding development and land uses, promotes the objectives of the Town's
Zoning Ordinance, and is the most reasonable and appropriate zoning for the Property.
8. Except as expressly provided herein, all Town ordinances, regulations, codes, policies and I
procedures shall be applicable to the use and development of the Property.
9. The Town will provide municipal services to the Property to the same extent, and upon the
same terms and conditions, as those services are provided throughout Fraser except as identified
below:
a) Water and sanitary sewer lines shall be extended by the Town to serve the I
property no later than October 31, 2000, unless otherwise agreed to by the parties.
b) Any decreed water rights associated with the property shall be deeded to Fraser I
no later than October 31, 2000, unless otherwise agreed to by the parties.
c) Prior to October 31,2000, annexor shall have the right to utilize the commercial
well that exists on site (subject to State regulations) and has the right to apply to
the Town for a zoning code variance that may allow the use of a temporary
sanitary treatment facility on the property.
10. This Agreement shall be recorded with the Clerk and Recorder of Grand County, Colorado
and shall run with the land, and shall be binding upon and shall inure to the benefit of the heirs,
successors and assigns of the parties hereto.
11. This Agreement embodies the whole agreement of the parties. There are not promises,
terms, conditions, or obligations other than those contained herein, and this Agreement shall
supersede all previous communications, representations or agreement, either verbal or written,
between the parties hereto. This Agreement may be amended by written agreement between the
Annexors and the Town acting pursuant to Town Board's authorization.
12. This Agreement shall be effective and binding upon the parties immediately upon the
effective date of an ordinance annexing and zoning the Property regardless of whether the
Agreement is executed prior to or following the effective date of said ordinance annexing and
zoning the Property.
1. Scott Bradley
STATE OF COLORADO )
) ss.
COUNTY OF GRAND )
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Pre-annexation agreement
This agreement is made and entered into this 15th day of April, 1998 by and between Maryvale.
LLC., ("annexor") and the Town of Fraser, Colorado, (Town).
In consideration of the mutual obligations, benefits, duties, and promises, the parties agree as
follows:
l. Annexor is the owner of the property described as "tract I" in Exhibit A attached hereto
(identified as the "property" in this document).
2. Town shall ~e annexation and zoning processes to annex the property into the Town
on March 6, 192 , or as soon thereafter as the Town deems appropriate. All applicable
annexation and zoning fees are waived by the Town. The Town will annex the property in
conjunction with other properties as shown on Exlubit A.
3. Nothing contained in this agreement shall constitute or be interpreted as a repeal of existing
codes or ordinances or as a waiver of Town's legislative, governmental, or police powers to
promote and protect the health, safety, or general welfare of the municipality or its inhabitants;
nor shall this Agreement prohibit the enactment or collection by Town of any fee which is of
uniform or general application, or necessary for the protection or promotion of the public health
or welfare.
4. If the annexation of the property or any portion thereofis challenged by a referendum or an
initiative, all provisions of this Agreement, together with the duties and obligations of each
party, shall be suspended pending the outcome of the election. If the challenge to the annexation
results in disconnection of the property from Town, then this Annexation Agreement and all
provisions contained herein shall be null and void and of no further effect, except as otherwise
provided herein. If the challenge fails, then Annexor and Town shall continue to be bound by all
the terms and provisions of this Annexation Agreement.
5. In the event that the annexation of the property or any portion thereof is voided by the final
action of any court (such action not being associated with a referendum or initiative election), I
Town and Annexor shall cooperate to cure the legal defect which resulted in disconnection of
the property, and upon such cure this Annexation Agreement shall be deemed to be an
agreement to annex the property to Town pursuant to 31-12-121, C.R.S. Annexor shall reapply I
for annexation, or the Town may si~ as Annexor's attorney-in-fact, a petition to annex, when
the property becomes eligible for annexation as determined by Town.
6. It is understood and agreed by the parties hereto that ifany part, term, or provision of this
Agreement is by the Courts held to be illegal or in conflict with any law of the State of Colorado,
the validity of the remaining portions or provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the agreement did not contain the
particular part, term, or provision held illegal or invalid.
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This agreement is made and entered into this 15th day of April, 1998 by and between Mary ]0
and Steve Sumrall, ("annexor") and the Town of Fraser, Colorado, (Town).
In consideration of the mutual obligations, benefits, duties, and promises, the parties agree as
follows:
1. Annexor is the owner of the property described as .'tract 1" in Exhibit A attached hereto
(identified as the "property" in this document).
2. Town shall initiate the annexation and zoning processes to annex the property into the Town
on March 6, 1997, or as soon thereafter as the Town deems appropriate. All applicable
annexation and zoning fees are waived by the Town. The Town will annex the property in
conjunction with other properties as shown on Exhibit A.
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3. Nothing contained in this agreement shall constitute or be interpreted as a repeal of existing
codes or ordinances or as a waiver of Town's legislative, governmental, or police powers to
promote and protect the health, safety, or general welfare of the municipality or its inhabitants;
nor shall this Agreement prohibit the enactment or collection by Town of any fee which is of
uniform or general application, or necessary for the protection or promotion of the public health
or welfare.
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4. If the annexation of the property or any portion thereof is challenged by a referendum or an
initiative, all provisions of this Agreement, together with the duties and obligations of each
party, shall be suspended pending the outcome of the election. If the challenge to the annexation
results in disconnection of the property from Town, then this Annexation Agreement and all
provisions contained herein shall be null and void and of no further effect, except as otherwise
provided herein. If the challenge fails, then Annexor and Town shall continue to be bound by all
the terms and provisions of this Annexation Agreement.
5. In the event that the annexation of the property or any portion thereof is voided by the final
action of any court (such action not being associated with a referendum or initiative election),
Town and Annexor shall. cooperate to cure the legal defect which resulted in disconnection of
the property, and upon such cure this Annexation Agreement shall be deemed to be an
agreement to annex the property to Town pursuant to 31-12-121, C.R.S. Annexor shall reapply
for annexation, or the Town may sign, as Annexor's attorney-in-fact, a petition to annex, when
the property becomes eligible for annexation as determined by Town.
6. It is understood and agreed by the parties hereto that if any part, term, or provision of this
Agreement is by the Courts held to be illegal or in conflict with any law of the State of Colorado,
the validity of the remaining portions or provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the agreement did not contain the
particular part, term, or provision held illegal or invalid.
7. Upon annexation, the Town agrees to zone the property "Business" with all applicable uses
by right in accordance with the Fraser Zoning Ordinance. The Business zone designation is
compatible with surrounding development and land uses, promotes the objectives of the Town's
Zoning Ordinance, and is the most reasonable and appropriate zoning for the Property.
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DRAFT - FOR DISCUSSION PURPOSES ONLY
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AMENDED AND SUPPLEMENTED ANNEXATION AGREEMENT
FOR THE MARYV ALE PROPERTY
THIS AGREEMENT is made and entered into by and between the TOWN OF
FRASER, a municipal corporation of the State of Colorado ("Fraser"), and MARYV ALE
LLC, a Colorado limited liability company ("Developer").
ARTICLE 1.0 - RECITALS
This Agreement is entered into on the basis of the following facts, understandings and
intentions of the parties:
1.1 Fraser is a municipal corporation existing under the laws of the State of Colorado.
Developer is a limited liability company organized and exiting under the laws of the State of
Colorado.
1.2 Fraser and Regis-Maryvale, Inc., a Colorado corporation, heretofore entered into
a written Annexation Agreement dated October 5, 1986, which was recorded on October 21,
1986 in Book 405 at Pages 734 through 806 (Reception No. 249082) of the records in the
office of the Clerk and Recorder of Grand County, Colorado.
1.3 Developer acquired ownership of the Property described in said Annexation
Agreement and is the successor to all rights and obligations of Regis-Maryvale, Inc. under said
Annexation Agreement.
1.4 Said Annexation Agreement was later supplemented and amended by the
Supplement and Amendment to Annexation Agreement dated November 15, 1995 and
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M Developer has filed two separate Petitions for Annexation for the properties
described in Exhibits A-4 and A-5, respectively, attached hereto and incorporated by reference
(the "Additional Properties"), and has proposed that such Additional Properties be zoned PDD
#1 upon annexation. Such Additional Properties, when combined with the property previously
annexed to Fraser and zoned PDD #1, but excluding the Excluded Properties, shall in
aggregate consist of the property legally described in Exhibit A-6, attached hereto and
incorporated by reference. Such combined property is referred to herein as the "Maryvale
Property" .
1.9 Developer has also fIled an application with Fraser for approval of a revised
Planned Development District Plan (the "PDD Plan") for the entire Maryvale Property
pursuant to Ordinance No. 131, Series of 1985, also known as Section 13-3-12 of the Code of
the Town of Fraser (the "PDD Ordinance"). If approved, such revised PDD Plan would allow
Developer to develop on the Maryvale Property a mixture of up to 2,755 residential units (or a
maximum of 3,321 residential units if individual on-site wells are not allowed on a portion of
the Property under the Argumentation Plan, as provided in Article 5.0 hereof), 1,408
hotel/lodge units, 460,000 square feet of commercial space, recreation facilities, and such
support activities as illustrated in the Development Plan Summary, a copy of which is attached
hereto as Exhibit B and incorporated herein by reference. Developer has requested that such
revised PDD Plan be substituted for the 1986 Plan as it relates to the Maryvale Property.
1. 10 The annexation and zoning of the Additional Property and adoption of the revised
PD D Plan, if approved by Fraser, will be with the express understanding and intent that such
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supply for the Maryvale Property, and any separate water augmentation plan approved
by the water court to provide for golf course irrigation, as provided in said Article 5.0.
2.1.3 Density. The Plan and Agreement references to density are to Parcel
Density as defmed in the PDD Ordinance.
2.1.4 Development Plan Summary. The Planned Development District map
and summary dated , a copy of which is attached hereto as Exhibit B
and incorporated herein by this reference.
2.1.5 Drainage Plan. The Drainage Master Plan prepared by P. R. Fletcher
and Associates, Inc., dated December, 1997, revised February, 1998, in conceptual
and schematic format and submitted as part of the Developer's revised PDD
Application.
2.1.6 Final Planned Development Plan or "FPDP". The completed application
of a Final Development Plan as defmed in the PDD Ordinance and as approved by the
Board of Trustees of Fraser. Whenever any action is required to be taken by
Developer hereunder at the time of or in conjunction with FPDP or subdivision review
or approval, and the FPDP and subdivision processes do not occur concurrently, then
the action shall be required at the time of the fIrst such process to occur unless
otherwise determined by Fraser.
2.1.7 Height. The height of a building is the vertical distance above a reference
datum measured to the highest point of a structure, exclusive of chimneys, ventilators,
. pipes, spires, or similar items. The reference datum shall be selected by either of the
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2.1.11 Developer. The term initially refers to Maryvale LLC, the owner of
record of the Maryvale Property. It shall also be deemed to include any person or
entity who subsequently acquires a fee simple interest of record in any portion of the
Maryvale Property as a transferee, grantee, assignee or successor of Maryvale LLC;
except that the purchasers of subdivided residential units or commercial space in an
approved FPDP or subdivision area shall not be deemed to be a Developer for purposes
of this Agreement and the PDD Plan.
2.1.12 PDD Ordinance. Ordinance No. 131, Series of 1985, of the Town of
Fraser, also known as Section 13-3-12 of the Town Code, as now existing or hereafter
amended.
2.1.13 PDD Application. The Planned Development District (PDD)
Application, dated December, 1997, revised , 1998, submitted by
Developer in connection with the revised PDD Plan.
2.1.14 Planned Development District or PDD. As defined in the PDD
Ordinance. The PDD for the Maryvale Property is designated as PDD #1 and includes
the entire Maryvale Property.
2.1.15 Planned Development District Plan or PDD Plan. As defmed in the
PDD Ordinance. Such PDD Plan for the Maryvale Property includes this Agreement
and such other graphic and written documents designated by the Fraser Board of
Trustees at the time of annexation of the Additional Properties and approval of the
PDD Application, with such conditions as may be attached to such approvals. In case
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2.1.19 Subdivision Regulations. Those regulations adopted by Fraser pursuant
to Part 2 of Article 23, Title 31, Colorado Revised Statutes, and now contained in
Chapter 12 of the Town Code, as the same may be amended in the future.
2.1.20 Town Code. The Code of the Town of Fraser, Colorado, as adopted
and as amended from time to time by the Fraser Board of Trustees.
2.1.21 Traffic Plan. In general, a plan for circulation of traffic and roads as
contained in the Development Plan Summary and as contained in the Developer's
revised PDD Application.
2.1.22 Traffic Study. A study dated September 30, 1997, entitled the "Traffic
Impact Analysis", performed by Leigh, Scott & Cleary, Inc. and submitted with
Developer's revised PDD Application.
2.1.23 Water Local Facilities. As used in Article 5.0 of this Agreement, the
term "Water Local Facilities" means the water facilities necessary to serve an
individual Planning Area or portion thereof which is the subject of a FPDP or
subdivision application, including the water distribution lines, fIre hydrants, valves,
fIttings and other facilities within the individual Planning Area or subdivision. Water
Local Facilities do not include individual service lines from a water main to a structure,
nor does such term include individual on-site wells or the pumps and pipelines
connecting such wells to the residence served, which facilities shall be owned and
maintained by the owner of the property on which the service line or well is located.
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ARTICLE 3.0 - CONDITIONS PRECEDENT AND EFFECT OF AGREEMENT;
EXCLUDED PROPERTIES; OTHER REGULATIONS
3.1 The parties agree that this Agreement is effective only upon the annexation of the
Additional Properties to Fraser and approval of a revised PDD Plan for the entire Maryvale
Property consistent with the Development Plan Summary (Exhibit B). In the event the Fraser
ordinances, or anyone of them, (i) adopting this Agreement; (ii) annexing the Additional
Properties; or (Hi) approving the revised PDD Plan for the Maryvale Property are not adopted
by Fraser, or are amended or repealed due to referendum, appeal or initiative, then either
Fraser or Developer may, at their option to be exercised within thirty (30) days after such
action is fInal, declare this Agreement to be null and void, in which case the annexation of the
Additional Properties shall be void and said Additional Properties shall be disconnected from
the Town and the revised PDD Plan shall be void and of no effect. In such event, the 1986
Plan shall remain valid and in effect with respect to the remainder of the Maryvale Property
previously annexed to Fraser.
3.2 Subject to the provisions of Section 3.1, upon annexation of the Additional
Properties and approval of the revised PDD Plan, the provisions of this Agreement shall
supercede and replace all provisions of the Prior Annexation Agreement, and the provisions of
the revised PDD Plan shall supercede and replace all provisions of the 1986 Plan, as they
relate to the Maryvale Property.
3.3 This Agreement and the other provisions incorporated as a part of the approved
PDD Plan are intended to prescribe a general plan for the use and development of the
Maryvale Property. However, they are not intended to entirely supplant the Fraser land use
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ARTICLE 4.0 - PERMITTED USES; DENSITIES; DESIGN REQUIREMENTS
4.1 The proposed land uses within each Planning Area are specified on the
Development Plan Summary. No different or additional uses shall be permitted, unless
approved by Fraser in connection with its review of the FPDP for a Planning Area. No
timeshare, fractional or interval ownership residential units will be permitted in any Planning
Areas unless specifically approved at the FPDP stage.
4.2 The maximum number of dwelling units and commercial square footage and
corresponding densities for each Planning Area are established on the Development Plan
,
Summary, subject to adjustment by density transfers as provided in Section 4.3 hereof. The
maximum densities set forth on the Development Plan Summary are intended solely as upper
limits on development, and are not a guarantee that the property may be developed with the
specified maximum number of units and/or commercial square footage. These limits mayor
may not be achieved depending upon compliance with all applicable regulations. The actual
number of units and commercial square footage that may be constructed within a Planning
Area will be determined at the time of Fraser's review of the FPDP or subdivision application
for the Planning Area, and will depend upon the details of the type and design of the
development proposed, site conditions, and all other relevant factors.
4.3 Permitted densities may be transferred between Planning Areas, subject to the
limitations provided in the PDD Ordinance and this Section 4.3 Transfers of allowable
residential andlor commercial densities between Planning Areas shall be permitted up to but
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4.4 The Development Plan has not been configured based upon surveyed acreages for
the various Planning Areas. In the event the boundaries of a Planning Area are adjusted at the
time of subdivision or FPDP, then the approved number of residential units or the approved
commercial square footage provided for in the Development Plan shall be the controlling
factor and the designated acreage or density will be adjusted from that constant.
4.5 Except as provided in Section 4.6 with respect to the golf course, development
within the PD D shall conform with the general design guidelines described in the documents
approved as part of the PDD Plan. However, more specific design information shall be
required at the time of FPDP and/or subdivision review, in accordance with the applicable
regulations. All proposed commercial development, or mixed-use development which
includes a commercial component, shall comply with development review and permitting
requirements applicable to development in the "B - Business District" zoning classification, as
contained in the Fraser zoning regulations. Such review shall be conducted at the time of and
in conjunction with FPDP or subdivision review.
4.6 Design of the golf course shall comply with the requirements and regulations of
the Audubon Signature Status Program in effect at the time of submittal of the FPDP
application for the golf course Planning Area. The required parking for the golf course shall
be determined by Fraser in its reasonable discretion based on comparable uses, in connection
with its review of said FPDP application. FPDP approval shall be conditioned upon
appropriate fmancial assurances that the golf course will be constructed in accordance with the
approved design and construction schedule.
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4.10 Developer agrees to provide affordable housing as part of the PDD Plan. For
purposes of this Agreement and the PDD Plan, "affordable housing" means
Developer agrees that not less than Twenty Percent (20%) of all residential units constructed
in Planning Areas 1W and 4W shall be affordable housing units. A proportionate number of
such affordable housing units shall be constructed prior to or concurrent with the construction
of any other type of residential units within said Planning Areas 1 W and 4W. Developer
further agrees that 100% of all residential units constructed in Planning Area 2W shall be
affordable housing units. The FPDP for said Planning Area 2W shall be submitted prior to or
concurrent with any FPDP or subdivision application for Planning Area 1 W or 4W, and must
be approved prior to or concurrent with the approval of any FPDP or subdivision application
for said Planning Area 1W or 4W, or any portion thereof. Construction of all such affordable
housing units to be provided in Planning Area 2W shall be completed within two (2) years
after approval of the FPDP or subdivision for any portion of Planning Area 1 W, 4W or 2W,
whichever is fIrst to occur.
ARTICLE 5.0 - WATER
5.1 It is the policy of Fraser to require any developer proposing new development
within the Town to make adequate provision for its own water supply and to pay all costs of
providing such supply. It is also Fraser's policy to assure that any new water facilities are
appropriately integrated with Fraser's existing water supply system, to avoid unnecessary
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existing Augmentation Plan, and for approval of a separate Augmentation Plan for golf course
irrigation, if necessary, and diligently pursue such applications to fmal decree. In the event
I either legal or physical problems arise out of Developer's drilling of the water supply wells
pursuant to the approved Augmentation Plan, it shall be Developer's obligation, if necessary to
further amend the Augmentation Plan to alleviate such problems and pay all costs associated
therewith.
5.3 Developer shall be solely responsible for all Water Source Facilities required to
supply water to the Maryvale Property. Prior to approval of any FPDP applications or
subdivision applications for any Planning Area (other than the golf course) or any portion
thereof, Developer shall submit proof of water court approval of the Augmentation Plan
amendment(s) required for the Individual Well Component and Domestic Component of the
water supply plan, which amended Augmentation Plan must be acceptable to Fraser with no
preconditions to its effectiveness or with assurances as may be reasonably required by Fraser
for the satisfaction of all preconditions. Developer shall also submit preliminary design
drawings and documents for the Water Source Facilities required to implement such
Components of the plan. Such preliminary design drawings and documents shall be of
sufficient detail to allow verification by Fraser of the adequacy of the proposed Water Source
Facilities to serve the development as outlined in the Development Plan Summary and to allow
verification of conformance with the requirements of the amended Augmentation Plan decree.
Proof of approval of the Augmentation Plan amendment or separate Augmentation Plan
providing for golf course irrigation shall be submitted prior to any FPDP application for the
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Augmentation Plan to provide water service anywhere within the Maryvale Property or other
parts of the Town of Fraser (if permitted by the Augmentation Plan); provided, however, that
Fraser agrees that sufficient water will be made available under the Augmentation Plan, or
otherwise, to serve development upon the Maryvale property up to the maximum densities
provided in the amended Augmentation Plan or the PDD Plan, whichever are less.
5.5 Concurrent with the submittal of either a FPDP or subdivision application for any
individual Planning Area or any portion thereof, Developer shall submit substantially complete
design drawings and documents for the Water Source Facilities and Water Local Facilities
required to serve the individual Planning Area or subdivision area, a development schedule,
probable water flow requirements, and cost estimates for such Facilities. Such design
drawings and documents shall be of sufficient detail to allow verification by Fraser of the
adequacy of the Water Source Facilities and Water Local Facilities to serve the proposed
development, conformance with the approved preliminary system plan and conformance with
the intent of the Water Plan. Such drawings and documents do not have to be in construction
ready detail. Developer shall have drilled and tested the water supply wells prior to
submitting any FPDP or subdivision application and shall submit with any such application
satisfactory proof of the adequacy of such water supply wells, including verification by a
professional engineer with hydrogeologic expertise of the capability of the proposed well
supply system and approved well permits for said system. No FPDP or subdivision shall be
approved unless Fraser has determined that such water supply wells and system are capable
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reimbursement for any excess prepaid plant investment fees purchased pursuant to this section,
nor may any such prepaid plant investment fees be used or credited for water using units
located anywhere except within the Maryvale Property.
5.7 The Public Improvements Agreement to be executed upon approval of the FPDP
or subdivision shall provide that Developer shall be responsible for construction of all Water
Source Facilities and Water Local Facilities necessary to serve the area. Upon completion of
construction and acceptance by Fraser pursuant to the Subdivision Regulations, Developer
shall convey free and clear of liens and encumbrances by bill of sale with warranty of title all
personal property included in such Water Source Facilities and Water Local Facilities. In
addition, Developer shall provide adequate easements for or convey fee title to the land upon
which such Water Source Facilities and Water Local Facilities and any Water Regional
Facilities constructed by Fraser are located. Developer shall be responsible for maintaining all
Water Source Facilities and Water Local Facilities for a period of one (1) year after
completion and acceptance of such Facilities by Fraser. Thereafter, such Facilities shall be
maintained by Fraser.
5.8 Developer may implement the Individual Well Component by utilizing individual
on-site wells to supply water to the residential development within Planning Areas IE, 2E, 3E,
5E, 6E, 8E and 12W, provided that Developer complies with the requirements specified in the
preceding Sections 5.2, 5.3, 5.5 and 5.7, and provided that Developer complies with the
requirements for use of on-site sewage disposal systems in accordance with Section 6.2 hereof.
Any recorded FPDP plan or subdivision plat for such Planning Areas utilizing on-site wells
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Fraser at the time of approval of the fIrst FPDP or subdivision utilizing the Individual Well
Component of the water system, and may be adjusted from time to time consistent with policy
referred to in this Section.
5.11 Developer may elect to provide for a domestic water supply for limited portions
of the Maryvale Property by securing a commitment to serve from Fraser from its existing
water system, upon payment of Fraser's water plant investment fees and other applicable fees,
if Fraser is able and willing to commit to serve. Fraser shall have no obligation to provide
such a commitment. If Developer elects such alternative and Fraser agrees to provide such
service, Developer shall still be required to comply with the Subdivision Regulations relating
to a service letter, easements, and rights-of-way.
5.12 Irrigation of the golf course will be by means of a separate, raw water delivery
system, except that limited portions of the golf course adjacent to Planning Areas 11 W and
12W may be served from the Domestic Component of the water supply plan if approved by
Fraser in connection with its review of the golf course FPDP. The design drawings and
documents submitted with the FPDP application for the golf course Planning Area shall
include all Water Source Facilities, Water Local Facilities and any additional facilities required
for such irrigation system, and the Public Improvements Agreement to be executed upon
approval of such golf course FPDP shall provide that Developer shall be responsible for
construction of all such facilities. Unless otherwise agreed by Fraser in connection with the
approval of the golf course FPDP, Fraser will not own or be responsible for any portion of the
water supply system providing golf course irrigation. However, if all or any portion of the
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entire Maryvale Property to be annexed to the Fraser Sanitation District, or a successor entity
providing primary sewer service in the Town, prior to submi~ing any FPDP applications or
subdivision applications for any Planning Area or any portion thereof.
6.2 Subject to the provisions contained in this Article and compliance with the
conditions contained in Article 5.0 for implementation of the Individual Well Component of
the water supply system, Developer may elect to utilize individual on-site sewage disposal
systems, but only for the residential units to be served by individual on-site wells, and only if
approved by the Colorado Department of Health and Environment "Wellhead Protection
Program". Concurrent with submittal of either a FPDP or subdivision application for any
individual Planning Area or any portion thereof proposed to be so served by individual sewage
disposal systems, Developer shall submit substantially complete design drawings and
documents for such individual sewage disposal systems required to serve the area, together
with percolation test reports and such other information as may be required to evaluate such
design. The design of the individual sewage disposal systems shall be in conformance with
State of Colorado requirements and the then current individual sewage disposal regulations
adopted by Fraser, or if no such regulations have been adopted by Fraser, the then current
individual sewage disposal regulations adopted by Grand County.
6.3 Developer has submitted to Fraser as a part of its revised PDD Application a
Sewer Master Plan (the "Sewer Plan"). Developer has outlined a sewage collection system for
the Maryvale Property which it feels is adequate for the proposed development and which has
been approved and accepted by the Fraser Sanitation District.
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6.7 The Sewer Plan provides for the construction of a 24 inch sewer outfall line to
hook up with the existing Fraser Sanitation District sewer mains. When that line is to be
constructed, Developer will advise Fraser of same and Fraser, or its designee, will have the
right to require that the outfall line be constructed to accommodate additional capacity
provided Fraser or its designee agrees to pay all costs to be incurred to provide for the
increased capacity. Developer shall provide Fraser notice of construction at least Sixty (60)
days prior to construction and Fraser or its designee shall advise Developer of its intention to
pay for additional capacity within that Sixty (60) day period or the right will be waived.
ARTICLE 7.0 - OTHER UTILITIES
7.1 Developer shall comply with the Subdivision Regulations for any Planning Area or
any portion thereof as the same relates to utility suppliers including, but not necessarily limited
to, the notice requirements and design requirements as they may be amended from time to
time.
ARTICLE 8.0 - DRAINAGE
8.1 Developer has submitted to Fraser as a part of its revised PDD Application its
Drainage Plan.
8.2 Concurrent with either the submittal of an application for FPDP or subdivision
approval for any Planning Area or any portion thereof, the Applicant shall submit the required
drainage design drawings and documents pursuant to the PDD Ordinance andlor Subdivision
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u.s. Highway 40 (existing 132 ft.) 150 ft.
Fraser Valley Parkway 100 ft.
Maryvale Village Drive - West of Fraser
Valley Parkway 100 ft.
Maryvale Village Drive - Between U.S. Highway
40 and Fraser Valley Parkway 120 ft.
Cozens Ranch Road - Between U.S. Highway
40 and Planning Area llE 100 ft.
Cozens Ranch Road - Balance 80 ft.
All other roads: In accordance with Fraser road standards in effect at FPDP or
subdivision approval
The rights-of-way are established based on the Traffic Plan and Traffic Study as they now
exist and on the existing engineering data. Additional rights-of-way may be required for
intersections and in hilly areas, or slope easements may be required. The rights-of-way
necessary may change as a result of amendments of the Traffic Study, amendments of the
Master Plan, or based upon information generated or requirements made at the time of FPDP
or subdivision approval of any of the Maryvale Property. Rights-of-way shall be dedicated by
the Developer at the time of subdivision.
9.4 The dedication of the rights-of-way for the roads identified on the Development
Plan Summary as the Fraser Valley Parkway, Maryvale Village Drive, Village Center Drive
and Cozens Ranch Road may be required by Fraser as a result of development occurring off
the Maryvale Property prior to subdivision of the Maryvale Property or the portions of the
Maryvale Property upon which the rights-of-way are located. If Fraser requires a grant of
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time of any FPDP or subdivision approval. The following main access roads serving the
Maryvale Property shall be paved with concrete or asphalt paving material in accordance with
the applicable standards: (1) Fraser Valley Parkway, (b) Maryvale Village Drive between U.
S. Highway 40 and the Fraser Valley Parkway, (c) Village Center Drive, and (d) Cozens
Ranch Road from U.S. Highway 40 to the boundary of Planning Area 9E. In addition, Fraser
may require that other roads serving high density residential or commercial areas be similarly
paved. Developer may elect to use chip and seal surfacing on any other roads provided in the
PDD Plan in accordance with the applicable standards for such surfacing.
9.7 Developer and Fraser shall each use their best efforts to seek a collaborative
solution with other affected parties for obtaining the right-of-way for and constructing the
railroad underpass required to provide primary access to Planning Areas 11 W and 12W and ..
adjacent lands, or for obtaining and constructing an alternate means of primary access to those
Planning Areas and adjacent lands. Developer shall submit proof of the necessary rights-of-
way and provisions for construction of such underpass or alternate means of access pursuant to
a Public Improvements Agreement prior to approval of any FPDP or subdivision of such
Planning Areas.
9.8 Developer shall be responsible for providing rights-of-way for and constructing
two means of access to any FPDP or subdivision area as required by the Subdivision
Regulations and PDD Ordinance, subject to Developer's right to apply for a variance under
Fraser's established procedures. However, it is agreed that divided roadways may be utilized
to meet the dual access requirement for access to any subdivisions of Planning Areas 9W,
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the system to serve the development as outlined in the Development Plan Summary and to
allow verification of conformance with the intent of the Master Plan.
9.12 Concurrent with the submittal of either a FPDP or subdivision application for any
individual Planning Area or any portion thereof, Developer shall submit substantially complete
design drawings and documents for the public transit system improvements required to serve
the individual Planning Area or subdivision area. Such design drawings and documents shall
be of sufficient detail to allow verification by Fraser of the adequacy of the system to serve the
proposed development, conformance with the approved preliminary system plan, and
conformance with the intent of the Master Plan. The Public Improvements Agreement to be
executed upon approval of the FPDP or subdivision shall provide that Developer shall be
responsible for construction of such public transit system improvements necessary to serve the
individual Planning Area or subdivision area.
ARTICLE 10.0 - PUBLIC DEDICATIONS
10.1 Developer agrees to provide public dedications of land for l?arks and other
purposes, and dedications for schools or fees in lieu of land dedication, as provided in this
Article 10.0.
10.2 Developer shall dedicate or convey to Fraser a linear park located on the East
side of U.S. Highway 40, as shown on the Development Plan Summary. Such linear park
includes the course of the Fraser River and the right-of-way for the Fraser River Trail, and
will encompass not less than Fifty Seven (57) acres. The exact legal description of the linear
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Ranch Road between U. S. Highway 40 and the Fraser River Trail, which trails shall be
separated from the adjacent roadway and shall be paved in accordance with Fraser standards.
Such public trails shall be dedicated and constructed concurrently with the dedication and
construction of the adjacent roadway. Additional trails shall be provided as stated in the PDD
Application.
10.6 Fraser and Developer have agreed that a site may be needed for use as a
community center. Developer agrees to dedicate or convey a site consisting of five (5) acres
for use as a community center. The approximate location of the site is identified on the
Development Plan Summary as "Proposed Town Property". The exact location of the site
shall be selected upon the first occurring of the following events: (i) Fraser shall make written
request to Developer for the site to be fmally determined; (ii) any portion of the Fraser Valley
Parkway adjacent to such site shall be constructed; or (iii) the golf course Planning Area or
any portion thereof shall be approved for a FPDP or subdivision. Developer shall complete
the dedication or conveyance of such community center site promptly after the location thereof
has been thus selected.
10.7 If requested by Fraser, Developer agrees to dedicate or convey a 1 acre site,
designated as Planning Area 3W on the Development Plan Summary, for public use. Fraser
may request such dedication or conveyance at any time within 5 years from the effective date
of this Agreement, by written notice to Developer. If such notice is given, the exact
description of the site shall be determined by mutual agreement of Developer and Fraser, or if
the parties are unable to agree, Fraser will determine such description consistent with the
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10.12 Developer agrees to provide a public right-of-way for aCcess to the U. S. Forest
Service lands lying East of the Maryvale Property and the Excluded Property described on
Exhibit . On or before October 31, 1998, Developer shall execute and deliver to
Fraser an easement deed granting a temporary public easement along the existing trail located
on the Maryvale Property which leads to such Forest Service lands, and shall furnish
satisfactory proof that an adequate public right-of-way has been obtained across the Excluded
Property described on Exhibit . On or before October 31, 2000, Developer shall
determine the exact location and description for a permanent right-of-way across the Maryvale
Property from U. S. Highway 40 to said Forest Service lands and shall dedicate or convey
such right-of-way to Fraser.
10.13 Developer and Fraser agree that Developers obligation to provide sites for
schools or money in lieu of school sites for the Maryvale Property shall be satisfied by
Developer's payment of the sum of Two Hundred Thousand Dollars and No Cents
($200,000.00), provided such payment is made as provided in this Section. Developer shall
pay such sum to Fraser, as follows:
10.13.1 An initial payment of Twenty Five Thousand Dollars and No Cents
($25,000.00) shall be made not earlier than July 1, 1998 and not later than October 31,
1998;
10.13.2 An additional payment of Twenty Five Thousand Dollars and No
Cents ($25,000.00) shall be made on or before October 31, 1999;
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Regulations and the PDD Ordinance. Fraser may require the subsequent subdivider to
construct public improvements either on-site or off-site.
11.2 Upon transfer of a Planning Area pursuant to this Article 11.0, Developer may
request approval of minor amendments to the PDD Plan that do not affect the transferred
Planning Area without obtaining the consent or approval of the owner of such transferred
Planning Area. Similarly, the owner of any such transferred Planning Area may request
approval of minor amendments to the PDD Plan that relate only to the transferred Planning
Area and which do not affect the remainder of the Maryvale Property, without obtaining the
consent or approval of Developer.
ARTICLE 12.0 - SERVICES
12.1 Except as specifically provided for in this Agreement with regard to municipal
services that Developer has agreed need not be provided by Fraser or may be provided on a
limited basis, after the effective date of this Agreement, Fraser agrees to provide the Maryvale
Property such other municipal services currently provided within the town and on terms and
conditions on which such services ~e provided to any other property within the town.
ARTICLE 13.0 - METROPOLITAN DISTRICTS
13.1 Developer has proposed and is engaged in organizing two separate metropolitan
districts, to be known as the Maryvale Residential Metropolitan District and the Maryvale
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pursuant to this Agreement. Developer agrees that it would have granted or dedicated such
property upon execution of this agreement without compensation if the location and legal
description of those lands had been fmally determined. Fraser is not requiring the grant or
dedication of those lands at the time of annexation in consideration for the irrevocable
agreement and obligation to grant or dedicate such property without compensation. Fraser
would not have proceeded to annex the Maryvale Property if at a later time it would be
required to compensate the Developer, its predecessors or successors for any right-of-way,
easement or park land that is to be granted or dedicated by Developer under this Agreement.
Developer agrees that all dedication and grants of rights-of-way, easements and park lands are
necessary for public health safety and welfare and that the requirements to make such grants or
dedications is accomplished pursuant to Fraser's police and regulatory powers.
14.2 If Fraser is in default under this Agreement and does not cure this default within
thirty (30) days following written notice from Developer, Developer will be entitled to the
following remedies which shall be cumulative: (i) injunctive relief; (ii) damages, except as
may be limited by the then existing governmental immunity act, if any; (iii) disconnection
from Fraser of the Additional Properties pursuant to C.R.S. ~31-12-119, if that breach of the
Agreement constitutes failure to serve such Additional Properties.
14.3 Time is of the essence hereof with respect to the performance of each party's
obligations hereunder. However, neither party shall be liable for delays or failures to perform
due to acts of God, strikes, civil commotions, epidemics, quarantines, freight embargoes,
weather, or other cause of similar nature not reasonably within such party's control.
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satisfied and released in the event Developer is not ultimately successful in its contest of the
lien or encumbrance.
15.5 This Agreement shall be recorded with the Clerk and Recorder in Grand County,
Colorado, shall run with the land, and shall be binding upon and inure to the benefit of the
heirs, successors and assigns of the parties hereto.
15.6 This instrument and the adopting ordinance of Fraser embodies the whole
agreement of the parties. This Agreement shall supersede all previous communications,
representations, or agreements either verbal or written between the parties hereto. If adopted
by Fraser, the parties agree that the ordinances approving annexation of the Additional
Properties and adoption of the revised PD D Plan for the Maryvale Property will contain
additional matters pertinent to the integration of the Maryvale Property into Fraser and
development of the Maryvale Property. Therefore, this Agreement must be interpreted and
applied in a manner consistent with such ordinances.
15.7 Developer may assign its rights and duties hereunder in whole or in part to others
who become fee title holders or ground lessees of any of the Maryvale Property or any portion
thereof without Fraser's permission. No such assignment shall release the Maryvale Property
from any restrictions imposed upon the Maryvale Property by this Agreement, unless a
specific release has been given by Fraser in writing. Fraser shall release Developer if a new
Developer to whom a whole assignment has been made agrees to personally be bound to the
terms and conditions of this Agreement. Any assignment shall not be effective on Fraser for
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15.10 The fact that any portion of this Agreement may be held to be unenforceable
shall not affect the enforceability of the remaining portions thereof.
15.11 This Agreement cannot be modified or revoked except by an instrument in
writing signed by Fraser and Developer or the then owner of the MaryvaIe Property or any
portion thereof if there has been an assignment as it relates to the specific Maryvale Property.
OWNER FRASER
MARYV ALE LLC, a Colorado limited TOWN OF FRASER, a municipal
liability company corporation of the State of Colorado
BY: BY:
Manager Mayor
ATTEST:
BY:
Manager
Town Clerk
All of the Managers Thereof
(SEAL)
(Additional signature pages follow)
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LIENHOLDER APPROVAL
The undersigned, as the holder of a lien on aU or a part of the Maryvale Property
described in the foregoing Agreement, hereby acknowledges its approval of the terms of the
foregoing Agreement and agrees it will be bound thereby in the event of foreclosure of said
lien.
COLORADO COMMUNITY FIRST
NATIONAL BANK, formerly known as
COLORADO COMMUNITY FIRST
STATE BANK
BY:
TITLE:
DATE:
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AGREEl\[E~T FOR EXCLLSIO~ OF PROPERTY
FROM REVISED MARVVALE PDD PLA'
THIS AGREEMENT is made and entered inro effective April 1. 1998. by and between
the TOWN OF FRASER. a municipal corporation of the Stare of Colorado ("Fraser"):
MARYVALE LLC. a Colorado limited liability company ("Maryvalen): and Thomas~.
Urban. Jr. and Mary B. Lrban ('"'Owner". whether singular or plural).
ARTICLE 1.0 - RECITALS
1..l Maryvale has sold and conveyed to Owner the real property described in Exhibit
A attached hereto and incorporated by reference (the .. Excluded Property").
1.2 The Excluded Property is presently zoned POD #1 and is included in and subject
to the Preliminary Development District Plan which was approved pursuant to Ordinance Nos.
153 through 159 of the Town of Fraser (the "1986 Plan-):
U Maryvale has tiled an application with Fraser for approval of a revised Planned
Development District Plan (the "1998 Plan") for the entire Maryvale project pursuant to
Ordinance i'olo. 131. Series of 1985, also known as Section 13-3-12 of the Code of the Town
of Fraser (the "PDD Ordinance"). Maryvale has requested that such 1998 Plan be substituted
for the 1986 Plan as it relates to all of the property now owned by Maryvale.
U The Excluded Property is not addressed in the 1998 Plan, and the parties wish to
confinn their understanding and agreement regarding the status of the Excluded Property under
the 1986 Plan and the 1998 Plan.
NOW. THEREFORE. in consideration of the mutual covenants and agreements
contained herein and for other good and valuable consideration. the re.ceipt and adequacy of
which is hereby acknowledged, the parries agree as follows:
ARTICLE 2.0 - PROVISIONS CONCER1~ING EXCLUDED PROPERTY
2.1 It is agreed that the Excluded Property will not be included in and shall not be
deemed a pan of the revised 1998 Plan for the Maryvale project. if and when such Plan is
approved by Fraser. Until rezoned. such Excluded Propeny will remain subject to the 1986
Plan. and the provisions of said 1986 Plan shall govern the use and permitted development. if
any. of said Excluded Propeny. Owner shall be responsible for compliance with all applicable
provisions of the 1986 Plan with respect to any such proposed development of the Excluded
Property.
2.2 It. is further agreed that from and after the effective uate of [hi~ Agreement. the
Excluded Property shall be deemed entirely separate from the property owned by Maryvale
and all other property zoned POD ,#1 pursuanr to the 1986 Plan. for purposes of zoning and
. .
all other purposes under Fraser's ordinances and regulations. Owner and any subsequent
owner of the Excluded Property may apply to Fraser for a rezoning of such Excluded Property
without the approval or consent of Maryvale or the owners of any other property included in
the 1986 Plan: and Maryvale and any other owner of properry included in the 1986 Plan may
similarly apply for a rezoning or amendment of the Planned Development District Plan for
such property without the approval or consent of the Owner.
ARTICLE 3.0 - :\USCELLANEOCS
3. I This Agreement shall be recorded with the Clerk and Recorder in Grand County.
Colorado. shall run with the land. and shall be binding upon and inure to the bene tit of the
heirs. successors and assigns of the parries hereto.
3.2 This instrument embodies the whole agreement of the parties with respect to the
subject matter hereof. This Agreement shall supersede all previous communications.
representations. or agreements either verbal or written between the parties hereto.
3.3 The tact that any portion of this Agreement may be held to be unenforceable shall
not affect the enforceability of the remaining portions thereof.
MARY VALE FRASER
MARYV ALE LLC. a Colorado limited TOWN OF FRASER, a municipal
liability company corporation of the State of Colorado
BY: BY:
Manager Mayor
A TrEST:
BY:
Manager
Town Clerk
All of the Managers Thereof
(SEAL)
OWNER
Thomas N. Urban, Jr.
Mary B. Lrban
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Ordinance 63
Section~: Application for Permit:
An application for a permit required by this Ordinance to excavate shall be made upon forms
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provided by the TOW11 of Fraser therefor and shall recite specifically and illustrate by sketch or
plan the exact locatiop, de~ extent, nature and purpose of the excavation desired to be made;
the purpose for which the privilege is requested; and the duration of time required for such work.
Said application shaU be made at least five (5) working days prior to the time set for beginning
of the proposed work.
It shall be the duty of!every person or entity of any kind to fumis~ on request of the Board of
Trustees of the Town!ofFraser, information regarding the location in any public grounds of the
Town of Fraser of any pipe of other structure installed, maintained or utilized by such person or
entity.
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Section 11. Backfill and Restoration of Paving:
Backfills of excavati~ns shall be made in accordance with the instructions and directions of the
official appointed by the Town to administer this Ordinance. Such directions and instructions
shall be in conforman(;e with accepted engineering standards and shall be specifically adapted to
the particular conditions of travel, load requirements terrain, sub-soiL moisture and other
conditions where the backfill is to be effected.
All restoration of paving surfaces after an opening or excavation has been made shall be made in
accordance with Town specifications and the entire work of restoration, including backfilling,
repaving, surfacing and pouring shall be performed by Permittee. Permmittee shall remove all
old surface material for an area extending at least one foot (1') in all directions beyond the edge
of the original cut, an~ replace it with new surfacing material at least equal in thickness to that of
the adjacent thickness and if any part of the surface is cracked or damaged in any way, the entire
damaged area shall ~ replaced.
Every person applyin, for an excavation permit and prior to the issuance thereof, shall file a
surety bond or a cashier's check in favor of the Town in he penal sum of Three Hundred Dollars
($300.00) and conditipned upon the faithful performance of such work instruct compliance with
this Ordinance and other specifications, rules, regulations and ordinances of the Town or
required by the official appointed by the Town to administer this Ordinance, and within the
specified time limit; &nd that such persons will indemnify and save harmless the Town against
any and all damages Qr claims for damages, losses, costs, ~harges and expenses that may be
brought against it by ~y person by reason of such work. The bond shall be discharged or the
cashier's check returJied to the applicant upon completion of the work, a review of said work by
someone appointed bY the Town Board, and a sworn statement by the applicant that he has done
the work instruct co~pliance with this Ordinance and other specifications, rules, regulations,
and ordinances of the I Town of Fraser or requirements of the official appointed to administer this
Ordinance.
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Ordinance 68 (amends Section 11 above by adding:)
Upon application the Board of Trustees of the Town of Frase may waive the requirement ofa
surety bond or cashier's check as hereinabove provided and accept other forms of security for
the installation of utilities owned by companies wich are subject to regulation by the Public
Utility Commission of the State of Colorado.
Section 13. Penalties:
Every person convicted of a violation of any provisions of this Ordinance shall by punished by a
fine not exceeding Three Hundred Dollars ($300.00) or by imprisonment not exceeding ninety
(~O) days, or by both such fine and imprisonment.
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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
March 23, 1998
Vicky Winter
Fraser Sanitation District
I P.O. Box 120
Fraser, CO 80442
RE: Maryvale
Dear Ms. Winter:
It has been awhile since the ToWn and the Sanitation District have talked formally and I wanted
to pass along some of the wastewater details the Town has been pursuing with Maryvale~ LLC.~
with the hopes that you would share them with Stan Cazier and the Sanitation District Board
Over the past three years Fraser has pursued an amended zoning plan with Maryvale, LLC. The
goals of this amended plan were simple -- decrease the existing densities (from the 1986 zoning
application) and "push back" development in the Maryvale meadow. The negotiations have also
changed and clarified some of the original agreement so that the benefits of this development
(plant investment fees, impact fees etc.) accrue to Fraser residents and businesses, as opposed to
other entities within the Valley or to the developer.
As part of the negotiations, Maryvale has requested that the Town approve two special districts
, (the MaryvaIe Commercial Metropolitan District and the Maryvale Residential Metropolitan
District) that will finance infrastructure required to serve their development. C.R.S.32-1-107(2)
states that No special district may be organi=ed wholly or partly within an existing special
district providing the same service. .. Because of this requirement; our efforts to ensure that
Maryvale's development benefit Fraser; and as the Town does not want to approve a new
operating (ongoing operations and maintenance) special district within Town, we are requiring
that Maryvale annex to the Fraser Sanitation District. This requirement is also based upon the
Town's understanding of the relationship between the Sanitation District and the Town: the
District will serve development approved by the Town, unless agreements stipulate otherwise.
In order to avoid confusion, the Town is requesting a confirmation letter from the Fraser
Sanitation District stating your willingness to serve the Maryvale property and that you do
not object to formation of the special districts. Copies of the proposed service plans are
attached: amended copies shall be forwarded to you upon amendment.
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Page Two
Fraser Sanitation District
It is Fraser's goal to annex additional Maryvale land and amend the 1986 zoning plan this April.
If you are not amenable to the details the Town has assumed between the Town, District, and
Maryvale (that are in this letter) please let me know as soon as possible.
Si1t
J, -
Chuck Reid
Town Manager
c: Mayor Jeff Johnston and Fraser Trustees
Maryvale, LLC
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GRAND COUNTY
WATER and SANITATION DISTRICT NO.1
P.o. BOX 30n
WINTER PARK, COLORADO 80482
(970) 726-5583 . FAX (970) 726-5636
TO: Town 0":: Fraser Plannlng CommlsSlon
FROM: 80ard of Directors - Grand Countv Water
and Sanltation District
DATE: i'1ar-ch 25. 1998
RE: PI ,3 n n i ng Commisslon Meeting on i"larch
25. 1998 Concerni Ii';
the Proposed Petition for Annexation
The Town of Fraser Planning Commission has scheduled a meeting
for
March 25, 1998 to discuss, among other
things, the Petition for Annexation
1=i led by the Maryvale owners and Scott Bradley that would also annex
GCWSD"s property along Highway 40 into the Town of Fraser.
GCWSD will be
represented at this meeting by its General Manager,
Bruce Hutchins, and as
many members of the Board that can attend given the absence of
notice 0;:
the meeting given to GCWSD. The District's preliminary
comments to the
Planning Commission are as Tollows.
1- GCWSD is opposed to the Petition "::01"" Annexation
inso-Far as it
includes the District's property. Even if
the petitioners other than GCWSD
desire to be annexed into the Town. the involuntary
inclusion of GCWSD"s
property is inappropriate.
2. The timing of the Petition, as well
as the surrounding
circumstances, clearly indicate that the Petition was
fi led -For an improper
purpose. namely to force GCWSD to enter into an agreement
to construct and
oper"ate a consolidated wastewater treatment plant, located
in the Town oT
Fraser, with the Fraser Sanitation District and the Winter Park
West Wal:er
and Sanitation District.
(a) Although consolidation might make sense,
and GCWSD was
participating in those negotiations
in good faith, consolidation
and the terms of any agreement with FSD and WPWWSD
clearlv will
have a substantial economic impact
on GCWSD and the residents 0"::
its service area. As vou mav Know.
the current co nso 1 i da t ion
proposals are appro~imately $1 million
dollars more expensive -for
GCWSD that building its own plant.
Neither Fraser, i"lar',1va 1 e
nor
any other entity nas made a speci-fic
proposal to de,=ray
this
additional expense.
( b) The GCWSD Board 0":: Directors believes
that it was and
is obligated
to consider all wastewater treatmer'lt
alternatives and. ultlmately,
to act in the cest interest 0"::
the residents 0":: GCwSD to il'lhom i t.
ol"'ovioes service. The Petition. noweve,'.
, completely disl"'egards
those interests. aoparent.l ~~ oeeming
l:he Town.s concel"'n aoout
"oeen seace" to be more impor-tant
than the economlC imoac.. 0"::
consolidatlon on t.he residents 0":: GCWSO's
Sel"'V1Ce a,"ea.
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- Even i-F the District determines
that it needs to
construct
.).
a new
wastewater treatment plant on its approximately
24 acres o-F
oroperty on
which the lagoons are presentlv located.
a new plant si te
would occupy only
about -four acres. A new plant site
would be located near
the river in the
southeast corner o.f GCWSD's property and
away .from Highway 40.
The site
would be bermed and landscaped to have
a very limited, i-f
any. visual
impact. GCWSD believes that it should
be entitled to -fu 11 y
consider and
implement this alternative i-f it
appears to be in the
best interest 01= the
resi dents 01= its service area.
4. The GCWSD Board explicitly requests
that the Planning Commission
clari1=y the apparent inconsistency in Mayor Johnston's March
9th letter.
In that letter, he indicates that GCWSD's
property would be zone d
"business" in the event that it
is success1=ully annexed. This
suggests
that the District could sell its
property 1=or commercial development or
some other use that would provide revenue to
the District. Later
in the
same letter, however, the Mayor states
that "Fraser has invested
consi derable resources in an e1=1=ort to meetdthe
community's vision 01=
preserving open space, especially in the meadows
between Winter Park and
Fraser." This sentence indicates that the
Town intends, through
zoning or
otherwise, to prevent the District 1=rom
using its property -for
any
economically viable purpose. GCWSD,
there-fore, requests that
the Town
clari1=y its intent.
5. GCWSD is currently examining
various legal issues related
to the
Petition and the zoning that the Mayor
01= Fraser has indicated will
-follow
a n ne x a t ion. i-f success1=ul. We anticipate
a detailed written submission
to
the Town prior to the meeting schedul ed .for
April 15, 1998. Among
these
issues are:
(a) Statutory and common law de1=enses
to annexation and
zoning.
( b) The legal e1=1=ects 01= annexa t i on
and zoning proceedings -fo~.
anci llary and/or improper purposes.
(c) The lack o-f notice 01=
the Plannlng Commission meeting given
to
GCWSD (no notice was given
to GCWSD, which 1=ound out about
the
meeting 1=rom third-parties). By
submission 0':: these ,comme nts,
the
District does not waive the
right to make such
an argument to the
Town Counc i 1 . the District Court
or otherwise.
(d) The role 01= the Town. as
the anne:< i ng municioaiity, in
-fostering
ot'" encouraging the anne:<at i on.
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