The URL can be used to link to this page

Home My Public Portal AboutTBP 1997-06-18 '" ~ e e TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX ~Ine: (970) 726-5518 TOWN BOARD.AGENDA: REGULi\.ll MEETING JUNE 18, 1997,7:00 p.m. 1. Roll cqll 2. Approval <>f 6/4/97 minutes 3. 7:00 p.m. Public Hearing: Request to waive certain water testing requirements. 4. Open Forum a) Fraser Valley Baptists: sign and steeple lighting discussion. b) Greg & Tina Blair, and Georgia Noriyuki re: Sharky's Eatery and the Town of Fraser's sign code regulations. 5. 8:00 p.m. Public Hearing: Adoption of various amendments to the Uniform Building, Mechanical, and Abatement of Dangerous Buildings Codes. 6. Action Items (20 minutes) a) Ordinance # ~(~ an Ordinance adopting the 1997 Uniform Building Code, as amended; the 1997 Uniform Mechanical Code, as amended; and the 1997 Abatement of Dangerous Buildings Code, as amended. b) Sharky's Eatery lease renewal (parking area). c) Final Development Plat, Twin Spirits Townhome # 1, Minor Subdivision d) Ordinance # _, an.Grdinance approving a lease/purchase agreement between the Town of Fraser and Maryvale, LLC. e) Resolution #WJ, a Resolution approving a lease/purchase agreement between the Town of Fraser and Maryvale, LLC. f) Engineering Contract for EisenhowerlDoc SusielByers interchange 7. Discussion Items a) Subdivision Regulation Amendments, Sections 3 and 7 (30 minutes) b) S. Wapiti Drive construction discussion (/5 minutes) 8. Staff Choice (I5 minutes) a) Jim & Lori Myers undergrounding project b) ICMA Conference c) Other 9. Board Member's Choice (untimed) . ýÿ to . 8 - TOWN OF FRASER "Icebox of the Nation" P.Q, Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 Manager's Briefing, June 18, 1997 Pleas~ note that the meeting begins at 7:00!!! It looks like l;llong agenda so lets hope that the long agenda/short meeting relationship holds! Public Hearing #1 We'll begin with a public hearing at 7:00 p.m. to consider the waiver for certain organic contaminant testing. We were required to test six times between 1993 and the year 2000: so far, we've only tested once so the waiver could save us $6,000 between now and the year 2000 ($1200 times five tests). Staff beliefs that we'll qualify for the waiver due to the high quality of our watershed. The agenda includes the waiver program and the most recent test results from .his test. Once we apply, the Colorado Department of Health will evaluate our application and approve, or deny our application. Open Forum During Open Forum, we'll consider the Baptists sign request and steeple lighting -- I'm hoping. that representatives from the Divide Condo Homeowners will be present for this discussion. Greg and Tina Blair would also like to address the Town's sign code. Specifically, they would like to place a "sandwich board" sign off-premise, on either the Town's property (the former Mustang site) or on US 40 right-of-way. If its placed on US 40 right-of-way, they'll need a permit from the Colorado Department of Transportation. There is no variance procedure for what the Blair's are asking for, so to accommodate them, we would need to amend the sign code to allow off-premise signage. Staff would not recommend changing the sign code to allow off- pr~mlse slgnage. Public Hearing #2 At 8:00, we have another Public Hearing to consider amendments to the Building, Mechanical, and Abatement of Dangerous Buildings Codes. An Ordinance making this change is included. Please note that if the Board of County Commissioners does not adopt the amendments as drafted and as recommended by the Grand County Building Department, we will need to continue this Public Hearing to reflect that which is adopted by Grand County. Action Items The Ordinance approving amendments to the Building, Mechanical, and Abatement of Dangerous Buildings Codes we'll be considered. Staff recommends approval if the same is adopted by the Grand County Board of County Commissioners. ýÿ . . e e The lease that allowed Sharky's Eatery to park on Town property (the former Mustang site) has expired. It was a six month lease that allowed Sharky's to park six vehicles on the site. Staff recommends that the Board direct staff to prepare the documents for a one-year lease, with monetary compensation, and restricting the use to vehicle parking (no signage, no other use, etc.) and limiting the parking to the defined area, with other stipulations as you see necessary. The original development plan is included for your review. Staff recommends approval of the Final Development Plat for Twin Spirits Townhome #1. There is no documentation included on this issue. We have two options for approving the lease/purchase agreement for Planning Area #28. The first is by Ordinance, which is required if the property is to declared tax-exempt from the County assessor upon si!,1l1ing the lease/purchase agreement. Annual property taxes on P A #28 are approximately $200. The Ordinance is that it is not effective for 30 days, by statute, and given the background on this property, I have some concerns that the lease/purchase may be challenged by petition. This could result in the Town's forfeiting any lease/purchase payments we make between the adoption of the Ordinance and its date of effectiveness, or until there is a resolution to the petition -- if one were filed. As such, a Resolution has also been prepared that would not open any action you take on P A #28 to petition. If you choose to ratify the lease/purchase by Resolution, we would be required to pay the property tax on the parcel between now and the end of the lease/purchase. At that time, when the property is deeded to the Town, it will be declared tax-exempt. This is a difficult decision, but I recommend that you approve the lease/purchase by Resolution and pay the approximately $200. I'd like to see this issue behind us. . , Also enclosed is a traffic engineering services proposal for the area surrounding the former Fraser Mustang site. Its a little more expensive than the original proposal because I would like some detailed traffic counts completed at the Eisenhower/Doc SusielByers A venue intersection. Due to the cost, other costs we have endured this year, and the slow pace of clean-up at the Mustang site, one option that we have is to delay this study until next summer. Discussion Items We'll continue our review of sections 3 and 7 of the amended Subdivision Regulations and I would liketo discuss the proposed construction of South Wapiti Drive. See you Wednesday I . e e .. TOWN BOARD JUNE 4, 1997 ROLL CALL The regular meeting of the Town Board was called to order at 7:30 p.m. Board present were Mayor Johnston, Sanders, Havens, Klancke, Swatzell, McIntyre and Wirsing. Also present were Reid, Winter and Skelton. Wirsing made a motion to approve the minutes of the 5-7-97 meeting as written, 2nd Swatzell, carried. Swatzell made a motion to approve the minutes of the 5-21-97 meeting as written, 2nd KlllOcke, carried. OPEN FORUM None CHAMBER REPORT Catherine Ross reviewed the June and July events calendar with the Board. Ross stated that the Diorama would be in place at DIA in the near future. Ross also reviewed that spouses of the Summit Leaders were making a trip to the Ski Area by way of the Ski Train. The day would be very low keyed for the visitors. DISCUSSION ITEM Marv Fisher reviewed the proposed 1997 UBC and related documents. Fisher discussed that the amendments to the code are generally the same as on the books at present except for a couple of important changes (I) he is asking that logs be graded, (2) require soils testing as deemed appropriate for a site. Fisher stated there is a new Chapter II, the accessibility language with ADA language. Fisher also discussed Factory Built Housing and Manufactured Housing. Board has set June 18th at 8:00 p.m. as a hearing for the consideration of adoption of the 1997 UBC and related documents. . e e ~ ACTION ITEMS Baptist Church lighting discussion tabled to the next meeting. Reid reviewed the bidding for the water project. We had five bidders for the project. The low bidder was BT Construction. McLaughlin Engineers have worked with BT Construction to reduce bid costs as the bid was to high due to the electrical specs. The bid was reduced to $260,400. Klancke made a motion to award the bid to BT Construction for $260,400, 2nd Wirsing, carried. DISCUSSION ITEMS Skelton discussed the proposed amendment to the subdivision regulation, parts 3 & 7. Discussed at length was open space definitions. Skelton will work further on this definition. A~!C.~~ \\b\l~"~ {)t."\ JI~CU'i~ Board reviewed the Maryvale proposal to reduce densities. nsensus of the Board was tli lw~. that at this time consideration for well and septic would be considered and for that reason Maryvale may want to just phase the new PD~ 0 the West side ofthe highway. The proposed sales tax rebate also is not acceptable. Maryvale should be notified of these issues and see how they can respond with keeping the task of density reduction. STAFF CHOICE Reid discussed a proposal of a Regional Planning Commission exclusive to the Fraser/Winter Park Towns. Board gave direction to pursue this with the Town of Winter Park. Reid discussed paving projects related to financing of the project and offered several option for financing. Going to a vote seems likely for financing. McIntyre also discussed that if we have a ballot question she would like to see a ballot question related to financing open space. Board approved purchasing 4 seats at the Groswold retirement party. Reid stated that the leaselpurchase agreement for PA 28 was almost complete. Swatzell made a motion to hold a public hearing to consider a request of the Dept. of Health for a waiver to the water sampling for inorganicl nitrite, 2nd Wirsing, carried. Reid would like to send a letter to the Town of Winter Park and ask if joint planning could start on the redevelopment of Grand County Water and Sewer lagoons as consolidation win move the lagoons out ofthe Towns. e e . . The Town crew is working on the River Trail. Reid will be at CML Conference June 24 to June 27 and will be on vacation the following week. Havens made a motion to approve Becky Swatzell running for the CML Executive Board, 2nd Wirsing, carried. No further business, meeting adjourned at 11 :00 p.m. . J . e TOWN OF FRASER WATER ClJSTOMERS The Town of Fraser is considering whether or not to take advantage ofa program that would allow us to waive detailed water quality monitoring. Currently we are required to monitor the water for organic contaminants six times between the years 1993 and 2000. So far, we have only completed these detailed tests one time, in 1996, and we found no organic contaminants or irregularities. If we apply for the waiver and it is approved by the State Water Quality Division, we can save approximately $6,400. Fraser's staff believes that we qualitY for the waiver due to the exceptionally high quality of our water, due primarily to our location at the headwaters and the fact that our land uses produce minimal organic contaminants. Please note that this waiver applies only to detailed water quality monitoring -- we will continue our current practice of a simplified monthly water quality monitoring and inorganic contaminant monitoring. The Fraser Town Board will hold a public hearing to consider applying for this waiver on Wednesday, June 18th, at 7:00 p.m., at the Fraser Town Hall, 153 Fraser Avenue. Please come and let us know if you have any questions or concerns about this proposal. ~ ._-~-- ýÿ I . . STATE OF COLORADO ._---_.~----_._"- - ._-----~- Roy Romer, Governor Patti Shwayder, Executive Director Dedicated to protecUng and improving the health and environment of the people of Colorado 4300 Cherz Creek Dr. S. Laboratory Building Denver, Co orado 80222-1530 4210 E. 11th Avenue Phone (303) 692-2000 Denver, Colorado 80220-3716 (303) 691-4700 February 7, 1997 PWSID # 125288, Grand County Town of Fraser P.O. Box 120 Fraser, CO 80442 Re: MONITORING WAIVER FOR ORGANIC CONTAMINANTS Dear Stuart Wilson: INTRODUCTION The Colorado Department of Public Health and Environment (Department) has authority to waive some of the organic contaminant monitoring requirements applicable to public water systems if it is determined that each of your system's water sources is not vulnerable to contamination. The waiver program serves to balance the Department's desire to reduce the monitoring burden faced by public water systems while simultaneously protecting the public health. The Waiver Program encourages public water systems to actively pursue contamination prevention activities. Vulnerability waivers may be issued based on use or susceptibility. A "use" Waiver may be issued when it can be determined that a particular contaminant was not used in the neighborhood of a public water source. A "susceptibility" waiver may be issued when it is determined that a public water source is not likely to become contaminated even though a contaminant may have been used in the neighborhood of the source. A system source may qualify for either type of waiver for different contaminants or contaminant groups. The original monitoring frequency of the primary drinking water regulations required your system to analyze its source water for organic contaminants a minimum of six times in the nine year period from 1993 through 2001. The associated cost of this analysis would have Iff- been approximately $7200. By sampling under the provisions of the Chafee-Lautenberg Amendment, a system could reduce its organic contaminant monitoring to a minimum of three times at a cost of approximately $3600. If yoUr system sourc~ qualifies for the Use Waiver as described below, It will have been required to monitor for organic contaminants only once since 1993, and will not be required to monitor for organic contaminants again until the year 2000. At that time, we will re-examine contaminant "use" with the objective of continuing the waiver for those contaminants not used in the area of your source. . . . . PURPOSE The purpose of this letter is to advise you that your system's sourcels) may qualify for a vulnerability use waiver if it meets the criteria listed below. To determine eligibility for the waiver, the Department is relying on our own internal information and cooperation from your water system representatives and the public to provide any necessary information.. OVERVIEW Your system may be currently operating under a conditional monitoring waiver for organic chemical contaminants. To qualify for a final waiver, you must: (1) Provide us with a 7.5 minute US Geological Survey (USGS) topographical quadrangle map with the exact location of each of your active water sources clearly marked, (2) verify that the information used by the Department for this waiver decision is accurate to the best of your knowledge, (3) provide your customers and the public an opportunity to review and comment on the information in your waiver request, and (4) provide us the opportunity to review the comments provided by your customers and the public. NOTE: If you fail to provide the Department with the above information by July 1, 1997, you will be required to monitor your sources for organic contaminants prior to September 30, 1997. If your system source(s) qualify for a waiver, your monitoring requirements for organic contaminants will be waived until the year 2000. CRITERIA FOR MONITORING WAIVERS - ORGANIC CHEMICAL CONTAMINANTS (COLORADO GROUP II SYSTEMS) To qualify for a vulnerability use waiver, each source used by your public water system must meet all of the following criteria: . At least one round of monitoring for organic chemical contaminants was /~ completed for each source since 1993 with no contaminants detected (your \~ ~~ system meets this criteria if it analyzed distribution system entr.v._poiot samples representative of more than one source that did not detect '\ ' tf "--- contamination, rather than directly sampling each source); ~W The location of each source is accurately plotted on a 7.5 minute (map scale of 1 to 24,000 feet) USGS topographic quadrangle map (or legible copy thereof) by an authorized system representative and the map is attached to Waiver Certification Form 7 and submitted to the Department; (,.0 The results of Nitrate contaminant analyses of the source water are all below ~ 5 milligrams per liter; t)iII}- Your system must fill out and submit Source Water Protection Inventory Forms 3 and 4. These forms list potential contaminants within the Source water protection area (SWPA), a 2.5 mile radius around your source(s); 2 ýÿ . . (\~~ The water system is not a significant violator of the bacteriological monitoring or maximum contaminant level requirements of the Colorado Primary Drinking Water Regulations (see enclosed Waiver Form 5 for definitions); ~i# . The system has notified its customers and the public that it is requesting a monitoring waiver (see enclosed Waiver Form 6), solicited their comments, and provided the Department copies of any comments received and a copy of the notice used by the system to solicit comments; r. ~~n official representative of the system provides the Department with any y,ft information necessary to complete enclosed waiverCertification Form 7 and L . certifies in writing that all of the information on the Form is complete and accurate to the best of his/her knowledge. ACTIONS TO BE TAKEN BY YOUR SYSTEM TO OBTAIN A FINAL USE MONITORING WAIVER In order for the Department to issue your system a' final use monitoring waiver, you must take the following actions: . On enclosed Waiver Certification Form 7, provide the source names as appropriate and review the remaining information to determine if it is accurate; . If you believe that any information on Waiver Certification Form 7 is not accurate, contact John Payne by telephone at (303) 692-3532 or return your corrected form to us or otherwise advise us in writing of the information you believe to be in error at our address as provided below; . If you believe the information on the attached Waiver Certification Form 7 is accurate, make it available to all of your system customers and to the public and provide them at least 30 days to submit to you any written comments they may have. Use Form 6 (enclosed) to inform the public and your customers of their opportunity to provide written comments on the proposed monitoring waiver. In the event you choose to hold a meeting of system customers and the public you may use the optional language of Form 6 (enclosed) to notify them of the meeting and their opportunity to comment during the meeting. Provide at least 30 days advance notice of the meeting time and place. Submit to the Department a record of the comments received at the meeting and any written comments you may receive. . Compile all comments you receive from your customers and the public. Submit this information to the Department with a copy of Waiver Certification Form 7 and the public notice your system used to solicit comments 3 . . . Obtain a 7.5 minute (map scale 1 to 24,000 feet) USGS topographic quadrangle map of the area surrounding your source and accurately plot the location of your source(s) on the map. Provide the map (or a legible copy) to the Department when you submit Waiver Certification Form 7. USGS maps can be obtained for $4.00 each from sporting goods stores, by calling the USGS map center at (303) 202-4700, or by writing to the following address: USGS Map Center, Federal Center, Box 25286, Denver CO 80225. The USGS charges $3.50 per order for shipping and handling. . Fill out and submit Source water Protection Inventory Forms 3 and 4. . Attach the documents specified above to Certification Form 7 and have an official representative of the system sign Waiver Certification Form 7. Return the original signed copy and attachments to us not later than July 1, 1997, at the following address: Colorado Department of Public Health and Environment WQCD-DW-B2 Attn: John Payne 4300 Cherry Creek Drive South Denver CO 80222-1530 We suggest that you retain a complete copy of your waiver request package for your own records. For Groundwater systems, this Vulnerability Assessment Program may provide a strong beginning towards development of a Wellhead Protection Program, which is a voluntary program to help protect the future quality of your water supply. For assistance in developing such a program, contact Kathleen Reilly at (303) 692-3573. Thank you for your cooperation and for your efforts to ensure that the water you supply to your consumers is safe. If you have any questions about the vulnerability waiver process or how to process your request, please feel free to contact John Payne of my staff at (303) 692-3532. Sincerely yours, (;J~.. -- 'tV, erry C. Biberstine, Chief Drinking Water Section WATER QUALITY CONTROL DIVISION Enclosures: Waiver Form 3 - Potential Contaminants Waiver Form 4 - Potential Contaminant Sources Waiver Form 5 - Definition of Significant Violator Waiver Form 6 - Waiver Public Notice Waiver Form 7 - Water System Waiver Certification 4 ýÿ . . COLORADO WAIVER FORM 5 (1/97) DEFINITION: SIGNIFICANT VIOLA TOR OF THE BACTERIOLOGICAL MONITORING AND MAXIMUM CONTAMINANT LEVEL REQUIREMENTS The criteria that define a "significant violator" of the bacteriologicaLmooitnring.and_reporting (M/R) and the maximum contaminant level (MCt) requirements are based on the Total Coliform Rule and vary based on the frequency at which a public water system is scheduled to monitor as required by the...coloradoJ~rimary, DrinkingJaN.ateLBegulatioos. MONITORING/REPORTING (M/R) For systems required to monitor MONTHLY, a system is a bacteriologicaLmonitoriog..and reporting jMLBl "significant violator" if in any 12 consecutive months the system: . . Has 4 or more majoLrepeat * M/R violations, or . Has 4 or more major repeat MIR violations and MCL violations. or . Has 6 or more major repeat M/R violations. majououtine * * M/R andlor MCL violations. or . Has 10 or more routine/repeat M/R and/or MCL violations. For systems required to monitor QUARTERLY, a system is a bacteriological monitoring. and reportiog.1MLB) "significant violator" if in any 4 consecutive quarters the system: . Has 3 or more major repeat M/R violations, or . Has 3 or more major repeat M/R, major routine M/R andlor MCL violations. MAXIMUM CONTAMINANT LEVEL (MCL) For systems required to monitor MONTHL Y. a system is a maximum contaminant level (MCL) "significant violator" if the system has four or more acute * * * monthly MCL violations in any 12 consecutive months. For systems required to monitor QUARTERLY, a system is a maximum contaminant level (MCL) "significant violator" if in any 4 consecutive quarters it has 3 or more acute/monthly MCL violations. * major repeat monitoring: system did none of the required repeat monitoring following a positive result. * *major routine monitoring: system did none of the required routine monitoring. ** lFacute monthly MCL: system had two or more positive bacteriological results during the monitoring period, at least one of which was determined to contain fecal coliform or E. coli. * * **monthly MCL: system had two or more positive bacteriological results during the monitoring period. 1 ýÿ . . COLORADO WAIVER FORM 6 (1/97) REQUEST FOR PUBLIC COMMENT T own of Fraser PWSID # 125288 SEEKS REDUCED MONITORING SCHEDULE The Colorado Department of Public Health and Environment intends to issue a waiver that reduces the frequency of organic contaminant sampling for the above referenced water system. A use waiver is issued by the Department when a Public Water System's source water is not currently contaminated and will likely not become contaminated in the future. The waiver will be issued if no information is received that makes the approval inappropriate. This water system is eligible for the waiver based on meeting all of the following criteria: ~ (1) At least one round of organic contaminant monitoring was completed since 1993, and revealed no organic chemical contamination; ~ (2) the results of all nitrate analyses are below 5 milligrams per liter; ~ (3) the System is not a significant violator of the bacteriological monitoring or maximum contaminant level requirements; ~ (4) the public is being provided an opportunity to comment whether or not the System meets the waiver criteria; .. (5) the System has accurately plotted the location of its sources on a 7.5 minute US Geological Survey topographical quadrangle map and is providing the map to the Department; and .. (6) an official representative of the System certifies that the System, to the best of his/her knowledge, meets the waiver criteria. Persons who wish to provide information regarding the System's compliance with the waiver criteria, or other relevant information, may send their written comments directly to the System at the following address: Town of Fraser, P.O. Box 120, Fraser, CO 80442 or if they prefer, may send comments directly to the Department at the following address: Colorado Department of Public Health and Environment. WQCD-DW-B2 Attn: John Payne, 4300 Cherry Creek Drive South, Denver Co 80222-1530. Comments sent directly to the Department must indicate the name of the system as shown above. If you desire that the Department be able to contact you to resolve any questions, please include a return address and/or telephone number. To be considered, comments must be received by:(30 days after notice published). Optional - Systems that desire to hold a public meeting to explain the waiver criteria and gather comments should include this language: This water system will hold a public meeting on DATE and TIME, to solicit verbal comments from the public and read any written comments the water system has received prior to the meeting. 1 . . WAIVER FORM 7 - CERTIFICATION (6/96) TO: Colorado Department of Public Health and Environment Water Quality Control Division, Drinking Water Section A TTN: John Payne 4300 Cherry Creek Drive South Denver CO 80222-1530 FROM: Fraser, Town of PWSID , 125288 P.O. Box 120 Fraser, CO 80442 RE: ORGANIC CONTAMINANT MONITORING WAIVER CERTIFICATION As an official representative of the above public water system requesting a vulnerability use waiver that reduces the frequency of required organic contaminant monitoring, I certify that to the best of my knowledge, the information below is true for each source listed used by this System: SOURCE NAME 1 SOURCE NAME 2 SOURCE NAME 3 SOURCE NAME 4 If System has more than four sources, check here_and attach a separate sheet with the additional source names. 1. Representative samples of each source (or an entry point representative of each source) were analyzed for organic contaminants at least once since 1993 and no organic contaminants (other than trihalomethanes) were detected. 2, Representative samples of the water from each well have been analyzed for Nitrate contamination and no result exceeded 5 milligrams per liter. 3. The System is not a significant violator of the bacteriological monitoring or maximum contaminant level requirements of the Colorado Edmary.Drinkjng WateLBeguJations. 4. Source water Protection Inventory Forms 3 and 4 have been filled out and are submitted with this waiver certification. , . . . 5. The location of each source listed above is accurately depicted on the 7.5 minute United States Geological Survey (USGS) topographical quadrangle map or maps attached to this certification. 6. Customers of the System and members of the public have been informed that the System is seeking a waiver, have been provided access to the waiver criteria and the information in this certification and have been provided an 'opportunity to submit comments and information relevant to the waiver. 7. The notice used to solicit customer and public comments and all comments' received as a result of the comment period have been provided to the Department along with this Waiver Certification. I agree to immediately notify the Department if my association with the System ceases or if System representatives become aware of ~ny information about the System that differs from that certified herein. I understand that the waiver is based on the best information currently available to the Department and that if new or different information becomes known or if the waiver criteria are revised, the Department may revoke or revise the waiver and the organic contaminant monitoring schedule may be changed. DATE: PRINTED NAME: SIGNATURE: TITLE: DA VTIME TELEPHONE: L ) ADDRESS: 2 ýÿ . FORM 3 . Potential Contaminants In the columns below place a check mark to the left of items found. Indicate to the right the number of items found. Use Form #4 to further explain the items found. Commercial/Industrial Number of - Individual residences - service stations/auto repair - - septic tanks,-drain fields - - truck terminals - - subdivisions - - rust proffers - - golf courses/parks - - small engine repair - - nurseries - - machine shops - - dry cleaners - Tanks/Storage - printers - - underground storage tanks - - photo processors - - above-ground storage tanks - - metal platers - - fuel oil distributors - - painterS/finishers - - oil pipelines - - furniture strippers - - heating oil storage - - auto body shops - - wood preservers - Heavy Industrial/Mininq - heat treaters/smelters/annealers_ - concrete/asphalt/tar companieL-- - descalers - - coal mines/companies - - food processors - - Industrial manufacturers - - laundromats - - sand and gravel mining - - car washes - - power plants - - beauty salons - - coal gasification plants - - chemical reclamation - Medical - medical/dental/veterinary offices _ Transportation Related - mortuarieS/funeral homes - - snow cleanups - - graveyards - - sail/sand piles - - research laboratories - - roads - - railroads - Aqricultural - feedlots - Wells - meat packing/slaughter houses_ - monitoring wells - - ag chemical storage - - injection wells - - ag chemical application - - production wells (oil) - - fertilizer storage - - reserve pits - - manure piles - - exploration wells - - fertilizer application - - geothermal/heat recovery wells_ - grain bins for fumigation - - water supply wells - - animal burial - - abandoned wells - Municipal/Urban Wholesalers/Retailers of: - stormwater impoundments - - herblcides/pes.ticides - - urban runoff - - fertilizers - - wastewater impoundments - - auto chemical supplies - - lift stations - - painting supplies - - municipal water treatment - - municipal waste treatment - Other: - sewer lines - - construction sites - - Industrial waste disposal - - landfills/dumps - - gravel pits - - junk/salvage yards - - abandoned landfills/dumps - - hazardous waste - ýÿ USE TUIS FORM TWPLAIN THE POTENTIAL CON.INANT SOURCES FORM 4 POTENTIAL CONTAMINANT SOURCES If necessarv continue on other side.or use additional sheets . EXAMPLE - DO NOT USE . FORM 3 Potential Contaminants In the columns below place a check mark to the left of Items found. Indicate to the right the number of items found. Use Form #4 to further explain the items found. Commerclalllndustrial Number of - hazardous waste - v service stations/auto repair 1 individual residences - - truck terminals - ...; septic tanks, drain fields 1 - rust proffers - - subdivisions - - small engine repair - - golf courses/parks - - machine shops - - nurseries - v dry cleaners - printers 1 Tanks/Storage - photo processors - - underground storage tanks - - metal platers - - above-ground storage tanks - . - painters/finishers - - fuel oil distributors - - furniture strippers - - oil pipelines - - auto body shops - - heating oil storage - - wood preservers - - heat treaters/smellers/annealerL-_ Heavy Industrial/Mining - descalers - - concrete/asphalt/tar companies_ - food processors - - coal mines/companies - - laundromats - - industrial manufacturers - - car washes - - sand and gravel mining - - beauty salons - - power plants - - coal gasification plants - Medical - chemical reclamation - - medical/dental/veterinary office~ - mortuaries/funeral homes - Transportation Related - graveyards - - snow'cleanups - - research laboratories - - salt/sand piles - - roads Aqricuhural - railroads - - feedlots - - meat paCking/slaughter houses_ Wells v ag chemical storage - - monitoring wells - ag chemical application 1 - Injection wells - - fertilizer storage - - production wells (011) - ...; manure piles - - reserve pits - fertilizer application 1 - exploration wells - grain bins for fumigation - - geothermalfheat recovery wells_ - animal burial - - water supply wells - abandoned wells - MuniCipal/Urban - stormwater Impoundments - Wholesalers/Retailers of: - urban runoff - - herbicides/pesticides - wastewater impoundments - - fertilizers - - lift stations - - auto chemical supplies - municipal water treatment - - painting supplies - municipal waste treatment -- - sewer lines - Other: - construction sites - v industrial waste disposal - landfills/dumps 1 - gravel pits - -_. - Junk/salvage yards -"- - abandoned landfills/dumPI .-- - - . , . . EXAMPLE FORM ONLy'- DO NOT USE FORM 4 POTENTIAL CONTAMINANT SOURCES 1. GAS STATION: Phlllo's Gas Station: 134 Main St.. T2N. R46W. S26.NW1/4SW1!4. underoround storaae tanks. 1500 gallons. no cathodic protection. auto maintenance. refinishina and storaae areas oetroleum products. solvents, and oalnt strippers #1 on the map, -- 2. PRINTER: Ace Printina. 367 Wilcox St. T2N. R46W. S45. SEl !4NW1/4 Small print shop. Ink and solvents to clean machines. #2 on the mao 3. LANDFill: 19~ aerial photo and pUblic works records Indicate landfill at 10th and Woodrow Sts. no lonaer in oparation. #3 on the map. Aae is estimated at 16 years. location is close to irriaation canal. 4. FARMER JONES' PROPERTY: 234 CR 7. 25 acres. 1/4 of which is in the WHPA principal crops are corn and bartey: 3lbs. nitrate fertilizer applied per acre. minor use of pesticides #4 on the map. .-.-------.----- ---.----- -~-_._--~ ýÿ . . . .' COLORADO DEPAR'I MEN T OF HEAL! II DAlE: 10/14/96 I NORGAN I G CHEM I B r RY l.ABORA I ()ny llEPORIEO By: ~JlV, 4210 E 11TH AVE. UENVER: CO [!O:~?' I I 303 ) 69-l-+1-a6 (o' 9,.:)... - ;? t'.?'r- SAMPLE NUMBER: 964523 f 'VIS I D #: 125288 SAMPLE DESCRIPTION: TOWN OF FRASER ADDRESS : BOX 120 COUlllY: GRD FRASER. CO H0442 PII()NE : 9'707268957 COLLECTED BY: CARMER GARBER WHERE: "IEAR US 4.0 DATE SAMPLE()~ 10/21/96 DAlE RECEIVED: 10/22/96 B(HT LES: NUT.HG.LM,NEUl TYPE: 7 COMMENTS: ANALYSIS RESULTS EPA LIMIlS ANT 1 MON'r < 0.001 0I9/L MCL=0.006 mg/L ARSENIC -:: 0.001 mg/l. MCt=0.05 Ing/t B/\R I UM 0.045 rng/L MC L = 1 . 0 mg/L BERiLLIUI',l < 0.001 IlIg/1. MCL=O.004 mg/L CADMIUM -:: 0.00025 mg/I. MCL=0.005 mg/L CHROMIUM < 0.010 mg/l. MCL=O. 1 lng/I.. COPPER < 0.004 IlIg.'L EAL= 1 .3 mg/L FLUORInE 0.16 mg/l. MCL=4.0 mg/L LEAD < 0.001 rng/L EAL=0.015 rng/L t.H:RGURY .-; 0.0002 mg/L MCL=O.002 mg/1.. NICKEL < 0.020 m9/1. MCL=O. 1 mg/L N-NITRAJE/HIIRilE "', (1.5 IlIg / L MCL==10.0 mg/L SELENIUM < 0.005 mg/L MCL==0.05 mg!L SODIUM 1 .0 IIIg/1. MSL=20 mg/L SULFATE 5.8 IIIg/1. ULE THALLIUM < U.001 mg/L MCL=O.002 mg/L MCL == MAXIMUtA CONTAMINANT LEVEl. MSL == MAX I MUfA SlJGGES" ED U:VE L HlE == NO LIMI1S FSTABllSHED EAL = EPA ActION lEVEL , / ~ . e- o '- .- . TOWN OF FRASER Permit # 029 Name of Applicant: Tina & Greg Blair representing Sharkey's Eatery RECOMMENDATION: Application for a restaurant to be permitted with conditions. FINDINGS: 1. The proposed project is in accord with the Business Zone Regulations and does not propose any prohibited use. 2. The project will occupy a vacant building and provide a community need. 3. This approval is based upon the findings of the Planning Commission, the proposed design of the project, and your acceptance of these terms and conditions. 4. The terms of approval include representations made by you at the Planning Commission meeting on Wednesday, October 23, 1996 as to the nature of the project. CONDITIONS: 1. This permit is valid only for the uses proposed in the application. 2. The applicant will provide four (4) 10' x 20' parking spaces in front of the building. The Town is not imposing a paving requirement on these four (4) parking spaces because the fonner owners of Lorenzo's were not required to pave. When the Town replaces and/or repairs the existing catch basin partially located in the northern most parking space, the Town will require the applicant to lay class C !,'favel in these four (4) parking spaces, The applicant may use the adjacent alley for parking, per the Town Board meeting of August 4, 1994. The applicant has also requested, and received permission to utilize part of the Fraser Mustang site for six (6) parking spaces. The Town Board approved the temporary use for a six (6) months period beginning on the opening day of business. The applicant is responsible for snow removal at the Fraser Mustang site. The patrons will not be allowed to access u.s. 40 from the Mustang site. If the six (6) month period is extended, the applicant will be responsible for the delineation of the parking at the Mustang site during the spring, summer and fall months. 3. The trash receptacle will be located in the rear of the building and shall be screened from public view. Refuse screening shall be structurally sound. 4. The applicant will provide landscaping as indicated in their submitted plan, and is as follows: 2-4 hanging flower baskets, flowers for all existing planter boxes, and additional landscaping on the Fraser Mustang site, if this site is utilized for parking in the summer months. All landscaping shall be completed by June 15th of each growing season, weather permitting. 5. The Planning Commission reserves the right to revisit this application if they feel that these conditions are not properly addressed. ... . ,- - e--j 6. Ifthe terms and conditions of the approval are violated, the Town, in addition to criminal and civil judicial proceedings, may, if appropriate, issue a stop order requiring the cessation of work, revoke this permit, require removal of any improvements made in reliance upon this permit with costs to constitute a lien on the property and/or restoration of the property. 7. The terms and conditions of this permit are in compliance with the statements of the Fraser Planning Commission, Town staff and the applicant. 8. This permit does not become effective, and the project may not be commenced, unless and until the applicant accepts the preceding findings and conditions in writing and transmits the acceptance to the Town of Fraser. (!CS'V~i~~ ~/~~{y<A<-- TOWN OF FRASER 1ina and/or Greg Blair, applicant ley 0 DATE: '431~(o DATE: 25 'q~ section 7-1-6. Trees~hrubberv and Plants. ~ (1) On any public property it shall be unlawful for any person without a permit issued by a the Board of Trustees to damage, cut, carve, burn, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire, or other. contrivance to any tree or plant. Section 7-1-7. Damaqe to Parks. (1) No person shall dig in or drive any motor vehicle or motorcycle upon any public property, or otherwise disturb, or in any other way injure or impair the natural' beauty or usefulness of any park area. Section 7-1-8. Climbinq or Sitting on Public Property. (1) On any public property it shall be unlawful for any person to climb any tree, or walk, stand or sit upon monuments, fountains, railings, fences, planted areas, or upon any other property not designed or customarily used for such purposes. section 7-1-9. Blocking Streets and Sidewalks. . (1) It shall be unlawful for any person to intentionally stand, sit, lie or to stack, store, deposit, leave or accumulate any articles, wood, lumber, boxes, vehicles, trailers, portable structures or any other property in or upon any street, sidewalk, stairway or crosswalk so as to prevent or hinder free passage of persons or vehicles passing over, along or across any street, sidewalk, stairway or crosswalk. Section 7-1-10. Refuse and Trash. (1) On any pUblic property it shall be unlawful for any person to drop, throw, place, discard, dump or leave or otherwise deposit any bottles, broken glass, garbage, ashes, paper, boxes, cans, dirt, rubbish, waste, refuse or other trash on any public property except in waste containers provided therefor. No such refuse or trash shall be placed in any waters in or contiguous to any park, or planted area, or left anywhere on the grounds thereof. Section 7-1-11. Advertising. (1) On pUblic property it shall be unlawful for any person to announce, advertise, or call the public attention in any way to any article or service for sale or hire. ~ 7-3 e e t.~~6 . ~, ~RJDt1~ TOWN OF FRASER OlU>INANCE NO. - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A LEASE-PURCHASE AGREEMENT BETWEEN THE TOWN OF FRASER, COLORADO AND MARYVALE, LLC. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. That the Board of Trustees hereby approves that certain Lease-Purchase Agreement between the Town of Fraser, as Lessee, and Maryvale, LLC, as Lessor, dated June 1, 1997, including all terms contained therein, and the Mayor (or Mayor Pro-tern) and the Town Clerk are authorized to execute said Agreement on behalf of the Town. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS day of , 1997. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Jeff Johnston, Mayor ATTEST: (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 19 . - C, '~~KlRYVAI.!'>P128-ord, wpcI ýÿ e I - , , BAKER, CAZIER AND McGOWAN rCJ( ~aa. ~t.tne~ OF PROFF.'lSIO:liAL CORPORArtONs 62495 V.S. HIGHWAY 40 FAST BOX 500 JOHN L BAKER. 1'.(;, GRANBY, COLORADO 80446 STANLEY W. CAZItR. P.C. TELEPHONE (970) 887.3376 RODNEY R. McGOWAN. P.G. FAX (970)887.9430 Rod McGowan . mcgowaar@rkymtnhLoom June 6, 1997 Mr. E. Rick Watrous, Manager Maryvale, LLC 3333 S. Wadsworth Blvd., Suite 207 Lakewood, CO 80227 Re: Planning Area 28 Dear Rick: I have prepared a revised draft of the Lease-Purchase Agreement, based on the discussions between Rich Nipert and myself and what I understand was discussed between you, Rich and Chuck Reid this date. Per Chuck's instructions, I am forwarding two execution copies of the revised draft to you, together with a redlined copy highlighting the changes. Also enclosed are execution copies of the Escrow Agreement and Warranty Deed. Please obtain all necessary signatures on behalf of Maryvale, LLC on the Lease-Purchase Agreement, and on the Escrow Agreement and Warranty'Deed. If you will then return the signed originals to our office, we can submit the Agreement for fmal approval by the Board of Trustees at its June 18, 1997 meeting. , Thank you for your prompt attention to this matter. Rodney R. McGowan, P.C. RRM:sw Encl. / pc (w/enc.): Mr, Chuck Reid, Town Manager C,\WP\LETTERS\BWAT1414.WfD _._..~- J , e e , REDLlNE ~DlMFT#rJ. LEASE-PURCHASE AGREEMENT THIS AGREEMENT is made and entered into effective AprilJune 1, 1997, by and between MAR YV ALE, LLC, a Colorado limited liability company ("Lessor"), and THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado ("Lessee"). ARTICLE 1.00 - LEASE In consideration of the mutual covenants and agreements contained herein, Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor the following real property located in the Town of Fraser, County of Grand, State of Colorado: Lot I, Block I, Maryvale Planning Area No. 28 Subdivision Exemption Plat, according to the plat recorded October 9, 1996 at Reception No. 96008813 ofthe records in the office of the Clerk and Recorder of Grand County, Colorado. TOGETHER WITH all easements, rights of way and other appurtenances thereto, if any; and all improvements and fixtures of a permanent nature currently thereon; TOGETHER WITH any and all unadjudicated water rights and/or well rights appurtenant to or used upon or in connection with said land; TOGETHER WITH any and all oil, gas and mineral rights owned by Grantor appurtenant to said land. (hereinafter referred to as the "Property"). TO HAVE AND TO HOLD said Property unto Lessee upon the terms and conditions hereinafter set forth. ARTICLE 2.00 - TERM 2.01 The term of this Lease shall commence effective Aprillliftll, 1997, and shall continue from month to month thereafter unless and until terminated as provided herein; provided, however, that unless this Lease is terminated or the option to purchase provided herein is exercised on or before January l~pnt30, 20061~~8, the term ofthis lease shall expire at 12:00 midnight on that date. 2.02 Lessee shall have the option to terminate this Lease effective at the end of any month during the term hereof, by giving not less than ten (10) days written notice of such C,\WP\FRASER\MARYVALE\PA28-LeasePurehase-RL2.wpd ýÿ , . 8 termination to Lessor. In the event of such termination, Lessor shall Ieftmd to Lessee all:ietfdn one-half (112) of the payments made hereunder, except for the sum ofT"enty Thousand Dollars ($20,000.00), which shall be Ietained by LessOIpursuailt Section 3.01 hereof, as full compensation for the leaserent for the premises, and option herein gtantedthe other one-half(1I2) of said payments shall be refunded to Lessee. Upon payment of such refund, both parties shall be relieved of all further obligations hereunder. ARTICLE 3.00 - RENT AND OPTION PAYMENTS 3.01 Lessee shall pay the following sums to Lessor, as rent and consideration pursuant to the purchase option granted pursuant to Article 6.00 hereof: (a) The sum of Twenty Thousand Dollars ($20,000.00) shall be paid upon the execution of this Lease, the receipt of which is hereby acknowledged by Lessor; (b) Unless this Lease is terminated by Lessees pursuant to Section 2.02 hereof, Lessee shall make additional monthly installment payments to Lessor in the amount of Eleven Thousand One Hundred Eleven Dollars ($11,111,00) per month, commencing May.TUly 1, 1997 and continuing on the first day of each month thereafter through JanuaryM:~ch. 1, 1998. One-half (1/2) of~a6hstichpayh1eijt .shatl be cle~l11e~to cOllstiijJ.t~~fi~r6fth~rropeflYandthe other one-"haIf (1/2) shall. he deemed to constitutecol1~itletati()rlfof. th~:;pmchasebpttot1 provided herein. 3.02 All such payments shall be made payable to Lessor and shall be delivered or mailed to Lessor in the manner provided in Section 9,02 for the delivery of notices hereunder, except for the final installment pursuant to Section 3.01(b) or in the case ofthe earlier exercise of the purchase option granted herein, in which case payment shall be made to the Escrow Agent named in the Escrow Agreement attached hereto as Exhibit "B". ARTICLE 4.00 - PRELIMINARY TITLE EVIDENCE; MERCHANTABLE TITLE 4.01 Lessor has provided Lessee with a commitment for title insurance policy, a copy of which is attached hereto as Exhibit "A" (the "Preliminary Title Commitment"). 4.02 Lessor warrants and represents to Lessee that title to the Property is now merchantable and shall be merchantable at the time of conveyance to Lessee if Lessee exercises the purchase option provided herein. In order to be merchantable, such title must be free and clear of all taxes, except for real property taxes levied for the current year; free and clear of all liens for special improvements installed as of the date of the conveyance to Lessee, whether assessed or not; free and clear of all other liens and encumbrances; and free and clear of all other reservations, exceptions, easements, restrictions, leases, adverse claims or other title conditions, -2- e fa , excepting only the title conditions referred to in Schedule B, Section II, Paragraphs 10 through 22 of the Preliminary Title Commitment. ARTICLE 5.00 - ESCROW; RECORDING 5.01 Concurrently with the execution ofthis Agreement, Lessor and Lessee shall execute the original of the Escrow Agreement, a copy of which is attached hereto as Exhibit "B", and Lessor shall execute and deliver to the Escrow Agent named in said Escrow Agreement the original of the Warranty Deed, a copy of which is attached hereto as Exhibit "C". As provided in the Escrow Agreement, said Warranty Deed will be recorded upon exercise of Lessee's option to purchase the Property and payment of the purchase price pursuant to Article 6.00 hereof. In addition, Lessee shall execute and deliver to the Escrow Agent the original of the Quit Claim Deed, a copy of which is attached hereto as Exhibit "D". As provided in the Escrow Agreement, said Quit Claim Deed will be recorded in the event this Lease - Purchase Agreement is terminated, other than by exercise of Lessee's option to purchase the Property. The recording of said Warranty Deed or said Quit Claim Deed in the office of the Grand County Clerk and Recorder shall constitute the sole and exclusive evidence of termination of this Agreement. 5.02 The fee payable to the Escrow Agent pursuant to the Escrow Agreement (Exhibit "B") shall be paid by Lessor and Lessee in equal shares. 5.03 This Agreement shall be recorded in the office of the Clerk and Recorder of Grand County, Colorado, and shall vest complete equitable title to the Property in Lessee, so long as this Agreement remains in effect. During the time that this Agreement is in effect, Lessor shall have no right to sell, pledge, encumber or otherwise alienate the title to the Property to any other person or entity, and any attempt by Lessor to so sell, pledge, encumber or otherwise alienate the Property shall be void as against the inte~ests of Lessee hereunder. i ARTICLE 6.00 - OPTION TO PURCHASE 6.01 Lessee shall have the option to purchase the Property at any time during the term of this Lease. Such option to purchase may be exercised by Lessee by giving written notice thereof to Lessor in the manner provided in Section 9.02. Said option shall be automatically be deemed to have been exercised, without notice, upon Lessee's payment of the fmal installment provided in Section 3.01(b). 6.02 Within fifteen (15) days after Lessee's exercise of such option to purchase, Lessor shall furnish to Lessee an updated commitment for title insurance policy covering the Property, dated not earlier than the effective date of the exercise of such option, and in the amount the purchase price specified in Section 6.03 hereof. Lessor shall provide all necessary documents, including affidavits and indemnities, and comply with any other requirements necessary to obtain an endorsement deleting standard exceptions 1 through 4 of Schedule B, Section II of the - 3 - ýÿ 0 (t commitment. If such updated commitment reveals that the title to the Property is not then merchantable, as defined in Section 4.02, due to defects arising from or caused by the acts or omissions of Lessor, and written notice of such defects is given by Lessee to Lessor within fifteen (15) days after the receipt of such commitment, then Lessor shall correct said defects within fifteen (15) days after Lessee's notice of defects is given. If Lessor fails to correct any such defects to' the satisfaction of Lessee within said time, Lessor shall be in default hereunder and Lessee shall have the remedies provided in Article 8.00 hereof. 6.03 The purchase price for the Property pursuant to Lessee's option to purchase shall be One-Hundred Nineteen Thousand Nine-Hundred Ninety-Nine Dollars ($119,999.00), which shall be payable as follows: (a) Lessee shall be entitled to a credit against the purchase price for the entire amount of all payments made to Lessor pursuant to Sections 3.01(a) and 3.01(b) prior to the exercise of the option; (b) The balance of the purchase price, namely the amount of the remaining unpaid installment payments provided in Section 3.01(b), if any, shall be paid by cashier's check or other certified funds payable to the Escrow Agent. 6.04 As provided in the Escrow Agreement (Exhibit "A"), upon receipt from Lessee of the balance of the purchase price and instructions to close the escrow pursuant to Lessee's exercise of the option to purchase and provided there has been no change in the condition of the title to the Property since the date of the updated commitment for title insurance, the Escrow Agent will record Lessor's Warranty Deed in the office of the Clerk and Recorder of Grand County, Colorado, disburse payment for the prorated taxes and the premium for the title insurance policy from the funds paid by Lessee, and remit the balance of such funds to Lessor. If notice is given by the Escrow Agent that a change has occurred in the condition of the title and such change renders the title unmerchantable, then the provisions of Section 6.02 shall apply with respect to Lessor's obligation to correct the title defects and Lessor's default if such defects are not corrected within fifteen (15) days after notice of such defects is given by Lessee. ARTICLE 7.00 - ADDITIONAL COVENANTS While this Agreement is in effect and prior to the consummation of any purchase of the Property by Lessee pursuant to the option granted herein, the parties covenant and agree: 7.0 I Lessee may make such alterations, additions or improvements to the Property as it shall choose. Lessee reserves the right to remove any such improvements, lllitl Less~e shalt remove' such imprbveriierltsupon request by LessOr, if this Lease is terminated other than through the exercise of Lessee's option to purchase. ,plOvided, however, that in fh~evenf6rsucli -4- . e removal, Lessee shall restore the Property to at least as good condition as existed upon the commencement of this Lease. 7.02 Lessee shall be responsible for the payment of all utilities consumed upon the Property, including telephone, electricity and gas. ARTICLE 8.00 - TIME OF THE ESSENCE; REMEDIES 8.01 Time is of the essence hereof. If any obligation of Lessee or Lessor hereunder is not performed as herein provided, there shall be the following remedies: / (a) IF LESSEE IS IN DEF AUL T and such default consists of Lessee's failure to make the installment payments as provided in Section 3.01(b) hereof, then Lessor may give written notice of such default to Lessee, and if such default is not corrected within thirty (30) days after Lessee's receipt of such notice, this Agreement shall be terminated effective upon the termination of said thirty (30) day period. Upon any such termination for Lessee's failure to make the rentalmshtltment payments due, Lessor shall be entitled to retain the sum&llewh~lf'(Il~) of Twenty Thousand DollaIs ($20,000.00) fiom the payments Iecei \Ted from Lessee hereunderlli~ payfueht~ffidaeptttsuafif'Section3.01 heteof, which shall be deemed to be full compensation rot the leaseastetiifor the premises, and option heIein gIantedthe Qthet,Q~e-half (il2) of said paymetUs shall oe refunded to Lessee. Any payments in excessUp8npaytrieftt of said Ietained amount shall be pIomptly refunded to LesseeStlch refund, and-Lessor shall be entitled to possession of the Property. In the event of any other default by Lessee hereunder, Lessor's remedy shall be limited to a court action for any actual damages incurred by Lessor as a result of the default. Lessor expressly waives any other remedies except those provided herein. (b) IF LESSOR IS IN DEF AUL T and such default consists of Lessor's failure to correct any defects with respect to the title to the Property arising or caused by the acts or omissions of Lessor, as required by Section 6.02 hereof, then Lessee may elect to rescind this Agreement by giving written notice of such election to Lessor. In the event of such election, Lessor shall forthwith refund to Lessee all rent-payments made by Lessee pursuant to Section 3.01 hereof, without interest and without any offset for the rental value of the Property during Lessee's occupancy thereof. Upon full refund of such payments to Lessee, this Lease - Purchase Agreement shall be terminated and Lessee shall direct the Escrow Agent to record Lessee's Quit Claim Deed acknowledging the termination of this Agreement, as provided in the Escrow Agreement (Exhibit "A"). In lieu of such rescission remedy, or in the case of any other default by Lessor hereunder, Lessee shall have the right to a court action for specific performance of this Agreement, for damages for the breach thereof, or both. - 5 - tit e reasonable costs and expenses incurred in connection with such litigation, including attorney fees. ARTICLE 9.00 - MISCELLANEOUS PROVISIONS 9.01 If Lessee exercises the option to purchase the Property, it is contemplated that the Property will be removed from the existing Maryvale POD Plan (also known as PDD#I) and be rezoned in accordance with the Town of Fraser zoning regulations. Lessor hereby acknowledges its consent t<? the removal of the Property from said PDD Plan, and Lessor agrees to cooperate with Lessee and to execute such further documents as may be requested by Lessee for the purpose of accomplishing such removal and the rezoning of the Property., no further proceedings shall be taken to develop the Property pursuant to the POD Plan. Lessor's application for approval of a Final Planned Development Plan for the Property is currently tabled and will remain tabled while this Agreement is in effect, pending Lessee's exercise of the option to purchase, Upon exercise of the option to purchase, Lessor agrees to withdraw such application promptly upon Lessees' request. 9.02 Unless otherwise expressly provided herein, all notices required or allowed under this Agreement shall be in writing and shall be deemed to have been properly given if delivered in person, or if given by mail, when deposited in any post office, branch post office or mail depository regularly maintained by the United States Postal Service and sent by first class or certified mail, postage prepaid, addressed as follows: To Lessor: Maryvale, LLC 3333 S. Wadsworth Blvd., Suite 207 Lakewood, CO 80227 To Lessee: Town of Fraser Post Office Box 120 Fraser, Colorado 80442 or addressed to each respective party at such other address as such party may hereafter furnish to the other party in writing. 9.03 This Agreement embodies the entire agreement and understanding between the parties relating to the subject matter hereof and may not be altered or amended except by a writing signed by all parties and specifically referring hereto. 9.04 This Agreement and all documents executed pursuant to or in connection herewith shall be construed under and shall be governed by the laws of the State o( Colorado, the state courts of which shall have exclusive jurisdiction over any court action arising therefrom. - 6- ýÿ . . e . 9.04 This Agreement and all docUIbents executed pursuant to or in connection herewith shall be construed under and shall be governed by the laws of the State of Colorado, the state courts of which shall have exclusive jurisdiction over any court action arising therefrom. 9.05 Upon execution hereofby Lessor and Lessee, this Agreement shall become a contract between Lessor and Lessee and shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures, effective ttprtt1une 1, 1997. LESSOR LESSEE MAR YV ALE,LLC, a Colorado limited TOWN OF FRASER, COLORADO, liability company a municipal corporation of the State of Colorado BY: BY: E. Rick Watrous, Manager Jeff Johnston, Mayor ATTEST: BY: Richard F. Nipert, Manager Virginia Winter, Town Clerk All of the' Managers Thereof (SEAL) STATE OF COLORADO) )SS COUNTY OF ) The foregoing instrument was acknowledged before me on , 1997, by E. Rick Watrous and Richard F~ Nipert, as Managers ofMARYV ALE, LLC, a Colorado limited liability company. ' Witness my hand and official seal. , My Conunission expires: -7- e e (SEAL) Notary Public STATE OF COLORADO) ) SS COUNTY OF GRAND ) The foregoing instrument was acknowledged before me on , 1997, by Jeff Johnston, as Mayor, and Virginia Winter, as Town Clerk, of the Town of Fraser, Colorado, a municipal corporation of the State of Colorado. Witness my hand and official seal. My Commission expires: (SEAL) Notary Public -8- ýÿ -'T e e E~HIBIT "0" . TO LEASE-PURCHASE AGREEMENT QUIT CLAIM DEED The TOWN OF FRASER, COLORADO, a municipal corporation ofthe State of Colorado ("Grantor"), for the consideration of One Dollar ($1.00) and other good and valuable consideration, in hand paid, hereby sells and quit claims to MAR YV ALE, LLC, a Colorado limited liability company ("Grantee"), whose address is 3333 S. Wadsworth Blvd., Suite 207, Lakewood, CO 80227, the following real property in the Town of Fraser, County of Grand and State of Colorado, to wit: Lot 1, Block 1, Maryvale Planning Area No. 28 Subdivision Exemption Plat, according to the plat recorded October 9, 1996 at Reception No. 96008813 of the records in the office of the Clerk and Recorder of Grand County, Colorado. TOGETHER WITH all easements, rights of way and other appurtenances thereto, if any; and all improvements and fixtures of a permanent nature currently thereon; TOGETHER WITH any and all unadjudicated water rights and/or well rights appurtenant to or used upon or in connection with said land; TOGETHER WITH any and all oil, gas and mineral rights owned by Grantor appurtenant to said land. with all its appurtenances. This Quit Claim Deed is executed by Grantor to acknowledge the termination of that certain Lease - Purchase Agreement between Grantor and Grantee which was recorded at Reception No. of the records in the office of the Clerk and Recorder of Grand County, Colorado. SIGNED TillS _ day of , 1997. GRANTOR THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado BY: Mayor C.\WP\FRASBR\MARYVALs\pa28-qcd.wpd --- TI& TITLE e INSURANCE COMPANY COMMITM~rt'r Case No. VD-9429 AMENDED V Effective Date: february 6, 1996 at 9.30 a.m. SCHEDULE A 1- Policy or Policies .to be issued; ALTA OWNERS POLICY: 1\mount; $92,500.00 Proposed Illsured; TOWN OF FAASER ALTA LOAN POLICY: Amount: $ Proposed Insured: 2. On the effective date hereof, the estate desc:tibed herein to be insured is fee simple vested in: MARYVALE, LLC, a Colorado limited liability company 3 . The land referred to in the Commitment is described below or ill Schedule c: , I Lot 1, Block 1, MARYVALR PLANNING AREA NO. 29 SU8DIVISION EXEMPTlON PLAT, aocording to ~he plat recorded October 9, 1996 at Reception Mo. 96008813. County of Grand, state of Colorado. NOTE: TIllS COMMITMENT RBPL1\CBS 1\ND CANCELS IN ALL RESPECTS THE PREVIOUS COMMITMENT. .--r.. -.- -. .............. - "..-" .. _.._._"'h~'. ... . . v...__.", ýÿ e e 7265518 P.02 JUI'.l-13-1997 13:35 FRDI'1 Bel.1 TO .,....... . ~...... TICOR TITLE "NSUR1\NCE COMPANY SCUEOUL B-Sectioll I Case No. VD-9428 AMENDED V The following are requirements t.: ~ be cOlnplied with; otherwise to be shown as exceptions ill t.he policf: il 1. Payment to or for the accou~t of the gralltors or mortgagors of the full consideration fOt, Ihe ~st.:tt~ or illter~st to be irumred. alld for any estate ur illlerJ"t nec"t"'''':y to cu,ate the estste or intel'est to be illsured desc :Iibed JlI this Commitment. 2. Vayment of all taxes and/or lilasseSSlllents levied agaitlst the subject premises which are 1"e and payable. 3. An approved Affidavit, I\gre }lent and 1.,icl! Guaranty from MARYV1\t.JB, LLC, a Colorado limited liar lity company to Grand County Title and Escrow Company, Inc. ! , 4. Warranty Deed from MARYVl\J.JE! tILe, a ('olot-ado limited liability company vestitlg fee Sltllple tt,itle in the proposed insured owner (s) listed In Schedule A hereofii NOTE: Duly executed real PjPperty trausf.er declaration, executed by either the grautor or 91:ttee, to accolnpany the deed called for in requirement above, p\'rsuant to 39 -14 -102, CRS. II NOTE: The Office of the se~heta.rr of state reveals that B. RICK WATROUS i~ the Manager of M~ YVl\JA.:: IJLC. 1\ copy of the ope!ation I agreemeut for said MARYVALE: i~LC must be provided to (~T.and County J Title and Escrow Company, II:t. for review. The,Warranty Deed called for above must be eY-..,.ifuted by the authorlzed parties revealed ill the operation a<lrellleltt. I i I : I ~ I' ! ii I 1 I I i :, 'I I ii :1 'I' " Ii !! Ii; , , " Ii ~ ýÿ e e JUII-13-1'3'37 13:35 FROI" Bel-I TO 7255518 P.03 " " ~_., . TICOR TITLE INSURANCE COMPANY Case. No. VD-9428 AMENDED V SCHEOULE B-Section 11 Schedule B of the Policy or Policies to be issued will cotlt.a.ln exceptions to t.he following 1l1-3ttetEt tml~ss th~ Etame are disposed, of t.o the sat is (a.c~t. ion o[ the COtl1pany. The pol icy will tlOt insure agaInst loss or damage by r~asQn of t.he following: 1. Rights or claims of parties ,iu possession not shown by the publiC! records. 2. Easements, or claims of easements, not. shown by the public records. 3. Discrepancies, conflictA In bOlltJd~ry 1 ill(~e, shortage in area, encroachments, and an'y' fact$ \olldch 1.'1 con:ect sU!~vey and inspection of the premises would disclose and which are not shown by the public records. 1. J\ny lien, or right to fl .11eli, for. sel'vices, labor Qr materi.al heretofore or hereafter fU:qlished, .imposed by law and not shown by the public records. S. Defects, liens, encumbrances, adver.se c.;laims or other matters, if any, created, first appearing in the pubU.c rec<:n~ds or attaching subsequent t.o the effective date hereof but. prior to the date t.he pt"oposed inaured ,=,cquh:es of record for value the estate or II interest or mortgage thel'eon cQvered by this COlnmitment. 6. Taxes or special assessments whJch ~re no!.: shown as existing liens by the public n~cord!3. 7. Unpatented miniug claims, water rights claims or title to water 8. In additiol1, the owner's policy wi.II be subject to the l11ortgage, if any, noted under Section 1 of. Schedule B hereof. 9. Any and all unpaid taxes, assessments and unredeemed tax'sales. 10. Reservations, exce~)U.ollr:l ~H1d r ight ~ of: WRY, as contained in Uni ted States Patent J:'econjed Apri 1 1, 1895 in Book 13 at Page. 361. 11. Right of wa)' granLed MOl1ut:a ill ('arks P.:.l ect ric, Inc. by instrument recorded February 22, 1978 in Book 242 at Page 974. ýÿ e e m 7265518 P.04 . JUlj-1.3-1 '3'37 1.3: .35 FF.:OI'! Bel'! .- .-. "', 12. 're rills, provisiohfl, cotldi ti.OllS and obI igat ions of Agreement by and between Tm'lN OF FRl\SER i'!fld REG {8. r'IJ^,,~YVAIJr:, r~corded october 21, 1986 in Book <1 O~; At P;,qP. "7 Jrl alld i;t!1 ill1lc:>llded by im'!t nlllll?l1t U!col:'ded March 19, 1. 996 a ,. nt.:~c~pt :i.r.H} no. 96UU:::!::? 91 alld amended by instrument recorded dune 11, 199G at Reception No. 96004762. J J . T et.'IlH3 , J:.lt:ov i8iolH~, cOII\.Jiticl1l8 alld ol.lli(.:Fl!:iolls of TOWN OF F'fU\SER Ordinance No. 159 recorded October 21, 1986 in Book 105 at Page 827 and supplemented by OnHnanc'=! No. 219 l'ecorded June 11, 1996 at Reception No. 96004762. 14. Restrictions, wh.i ell do !lot contain a forfei ttJre or reverter clause, but omittiug restrh:;tions, if an}', based on race, color, religion or national od,gill, a~ COllt a i Iled in i.nstrumerlt recol'ded October 21, 1906 at Rec~ptJ.OII No. /.'19096. 15. Terms, provisions, conditions and obligations of Agreement by e\ud between ReGiS JE:SUI'l' HOLVING/ INC. nnd Nl\HYVALE Ll,C, ~ Colo:t:ado limited liability company recorded l\pril ~ 1994 at Reception No. .) , 94003903. 16. Terms, pt'ovisiotls, conditlotls .;tlld obl.i.galions of Agreement by and between REGIS JgSUIT HOJJDING, INC. ullcI HJ\RYVALE LLC, a Colorado limited liabIlity company recorded T\pril 6, 1994 at Reception No. 94003904. 17. Terms, provisione, condi tior.HJ and obI igat.ions of 'town of Fraser Ordinance No. 225, recorded October 9, 1996 at Reception No. 96008812. 18. Exceptions, restrictioJ1s, nUferva t. i.ons, easement.s, t.n'lils and rights of way as set forth QlI the (:.>J.at of Naryvale Planuing l\rea 28 Subdivision Exemption, recorded October 9, 1996 at Receptioll No. 960U8013. II 19. Easements granted toth~ Town of Fraser by instrument recorded November 25, 1996 at Reception No. 9601040U. 20. Ally rights, interests or easements JII f.avor of any person or entity which exist ot' aloe claitned to exist with respect to any irrigation di.teh and/or lateral, and t.he wat.er rights associated t.herewith, which may be located upon the land. 21. Right of way granted Nountailt l?ark8 Blectric, Inc. by instruments recorded October 16, 1 97 0 i H J:1Qr) k 1 'l't ~ l: paye 58; December 1U, 1970 in Book 1'15 at t'age .L85 and JUlie 29, 19']2 in Hook 18'7 at Page 449. 22. Tet'ms, provisions, condi t iOU:;:1 and obU.g.;tt. ions of 1\g1'eement: by and betweeu DONl\J"f.) K. NOfWIHm .;lIlt.1 BO^RV Or TRUSTEES OF 'l'HE 'l'OWN OF FRASER recorded dune 10, 19~1 in Book 293 at Pa9~ 545. e e 7265518 P.05 . JUH-13-1997 13:36 FROI"! 8C11 TO '.--" ....... I F THE LMJD DESCRIBBt> IN SCHBDUJ.,B 1\ Or' TILlS COMMJ,TMBNT FUR 1'lTIJE lNRUR1\Nf;F: lS 1\ r-nNm,J~ FMHt,y Hf::r:ll.lJ::t,JCF: (.J N{'f ,1I1.>J N(; 1\ CONlJOM1 N.l. UM OR 'rOWNHOUS~ UNIT), THE PRO!-'OSElJ Ot'lNER'S POLICY INSURElJ IS NOTIFIElJ: 1. Colorado Insurance R.egulaUcms require that every t.itle entity shall be'! respom,; I.b.lp. for fl.H Ill""t. t:P.! n wh,; dl appear. of 'record prior. to t.he t;l.tn0 or rer}(.>uliIlY whetJever the t1tle entity conducts the clositlg and i.fp respons ible [or recol:'dlng or f i 1 irlg of legal documents resulU.llg (rom the tl"a!Jsactioll' which was closed; 2 . Ex.ception No. 4 above of S6heuule B, Section II tnay be deleted from the owner's polley, wf,len issued, upon satisfaction of underwriting requixetnellts. These requirements may include indemnity agreements, approval of finaueial atatua of an J.ndemni to!:, exanlitlation or '1 leu wa.t Vf!t"s, a physical illspect ion of the property and/or slIch ilcldit::lol1al n:~q\.Jiremeuts or infoullat ion' as the CompallYlllF.ly de~", necessary. Senate Bill 92-l43 requires that the following information be furnished a1ol19 with each titlecommitm~tJt iSfilued f.or the sale of residential real property as defined 111 Section 39-1-102 (14.5) I liThe following iU!ot:lttat:loll:i s di.r:lclosed pursuant to Section lO-11-12'- of the Colorad.o Revised Statutes, 1987, Rep!. Vol~ (n) THE SUBJECT RF,1\lJ PROPijRTY HAY. BE LOCAtED IN A SPECIAL TAXING DISl'RIC'l"; " <n) A CERTIFICATE OF TAXES. DUE: JJI9TING EACH TAXING JUR!SDICTION SHALt. BEOBTl\]NEIJ FR0r4 THE COUNTY 'tREASURER OR 'tilE COUNTY TRJU\SURP.:n' S 1\UTIIORI Z~I) AGENT: (C) INFORMATION RlSGl\RJJING,SPECIAL InSTRICTS /\ND THE BOUNDARIBS OF' SUCH JJ181'RICT 1'1l\y. BE OBTl\lNElJ FROM TIm BOARD OF COUN1'Y COMMISSIONERS, THE COUNTY CLERK ANlJ RECORDER, OR TilE COUNTY ASSESSOR. II .., ýÿ JUH-13-1'3'37 13:37 FPOl1 Bn! TCJ -- 72655113 F' . 13E. - EXHIBIT 1113" TO LEASE-PURC~qE AGREEMENT ESCROW AGREEMENT THIS AGREEMENT is entered into by and between MARYVALE, LLC, a Colorado limited liability company ("Lessor"), the TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado ("Lessee"), and GRAND COUNTY TITLE AND ESCROW COMPANY, INC., a Colorado corporation ("Escrow Agent"). ARTICLE 1.00 - DOCUMENTS DEPOSITED WITH ESCROW AGENT Escrow Agent hereby acknowledges receipt of the following documents: (a) A copy of the Lease -Purchase Agreement entered into between Lessor and Lessee, dated JWle 1, 1997; (b) The original of the Warranty Deed covering the Property described in Article 1.00 of the Lease - Purchase Agreement, which has been executed by Lessor to convey said Property to Lessee upon exercise of Lessee's option to purchase the Property, as provided in the Lease - Purchase Agreement. (c) The original of the Quit Claim Deed executed by Lessee pursuant to Section 5.01 of the Lease - Purchase Agr~ement. ARTICLE 2.00 - ESCROW CLOSING 2.01 If Lessee exercises its option to purchase the Property pursuant to Article 6.00 of the Lease w Purchase Agreement, and iftitIe to the Property is then merchantable, as provided ill Section 6.02 of the Lease - Purchase Agreement, then Lessee shall give written instructions to Escrow Agent to close the escrow and shall deliver the following additional documents and funds to Escrow Agent: (a) A copy of the updated conunitment for title insurance furnished to Lessee by Lessor pursuant to Section 6.02 of the Lease - Purchase Agreement; (b) Lessee's affidavit stating the amount of the unpaid balance of the purchase price due to Lessor pursuant to Section 6.03(b) of the Lease - Purchase Agreement; and (c) A cashier's check or other certified funds payable to Escrow Agent for the amount of such unpaid balance of the purchase price, as set forth ill Lessee's affidavit. 2..0.2 Upon receipt of the foregoing from. Lessee, Escrow Agent shall perform a search of the records ill the office of the Grand COlU1ty Clerk and Recorder to determine if there has been allY change in the condition oCthe titlc to tlhe Property since the date of the updated commitment for title insurance. If there has been no change in the condition of the title, Escrow Agent shall e,\w'\PRASRk\HARYVALS\p.2s-_=ercw,wpd -_.~........ .- ...... ..._..~. . ...... ....-... .-- --~.... '- ,------... .-----.... ýÿ 0 0 . JUt',I-13-1997 13:38 FROI-'1 Bel'1 TO 7265518 P.07 forthwith record the Warranty Deed referrrd to in Article I.OO(b) in the office of the Clerk and Recorder to complete the conveyance of the Property to Lessee. Upon such,recording, Escrow Agent shall arrange for the issuance of the title insurance policy pursuant to the updated commitment and shall pay the premium t ~refor out of the funds paid by Lessee for the balance of the purchase price. Escrow agent shall Iso prorate the real property tax.es upon the property to the date ofrecording to the Warranty D ed and disburse the amount of such taxes to the County Treasurer or to Lessee. The remai ing funds shall be paid to Lessor by Escrow Agent. In addition, Escrow Agent shall forward te original Quit Claim Deed referred to ill Article 1.00(c) to Lessee. Upon recording of sue Warranty Deed and disbursement of such funds and the Quit Claim Deed, Escrow Agent's duti s hereunder shall have been fully performed and this Agreement shall be terminated. 2.03 Jfthe title search perti nned by Escrow Agent pursuant to Section 2.02 hereof reveals that there has been any chat ge in the condition of the title to the Property since the date of the updated commitment for title . surance, then Escrow Agent shall not proceed with the closing of the escrow and shall notify Les ee in writing of the change that has occurred in the condition of the title to the Property. Wit in a reasonable time after receipt of such notice, Lessee shall deliver further written i.nstruc ions to Escrow Agent to either proceed with the closing of the escrow pursuant to Section.02 notwithstanding the change in the condition of the title, or to return to Lessee the docwnents d funds delivered to Escrow Agent pursuant to Section 2.0t. If instructed to proceed with ~he closing ofthe escrow, Escrow Agent shall perform a new title search as provided in Section 2p2 and shall notify Lessee if there have been any additional changes in the condition ofthe ftle to the Property as provided in this Section 2.03. ARTICLE 3.00 - TERMINA nON .3Jll. In the event Lessor believes at grounds exist for termination of the Lease - Purohase Agreement, other than by exerci'~ of Le,see', option to pur<:hase the Property and recording of tIle Warranty Deed in accorda ce with Article 2.00 hereof, then Lessor may give written notice to Escrow Agent and Lessee requesting that the Quit Claim Deed referred to in Article 1.00( c) be recorded in the office of Ithe Clerk and Recorder to evidence the termination of the Lease - Purchase A.greement. Such notice shall be accompanied by a written affidavit signed by Lessor which shall state the grounds for Jermination of the Lease - Purchase Agreement under the terms thcrcof and shall further state tha copies of the affidavit and notice have been delivered or mailed to Lessee. Upon receipt of such otice and affidavit, Escrow Agent shall proceed as follows: (a) If Escrow Agent shall r ceive written notice from Lessee, within thirty (30) days after receipt of such notice an affidavit from Lessor, directing Escrow Agent llSl.t to record the Quit Claim Deed becaus tennination of the Lease - Purchase Agreement is disputed by Lessee, then Escrow A ent shall take no further action unless and mtiJ -2- ,,--. ýÿ C} ~ Lessee subsequently instructs Escrow Agent to proceed with recording of the Quit Claim Deed, as provided in Section 3,02 or a court order is delivered to Escrow Agent which instructs ,Escrow Agent to proceed with recording of said Quit Claim Deed. (b) If Lessee does not direct otherwise by giving the written notice provided in Section (a) above, then on the 31st day after receipt of the notice and affidavit from Lessor, Escrow Agent shaIJ record the Quit Claim Deed referred to in Article 1.00(c) in the office of the Clerk and Recorder and shall forward the Warranty Deed referred to in Article J.OO(b) to Lessor. 1Jl2 Upon receipt of a written request to do so, signed by Lessee, Escrow Agent shall record the Quit Claim Deed referred to in Article 1.00(c) in the office of the Clerk and Recorder and shall forward the Warranty Deed referred to in Article I .00(b) to Lessor. W Upon recording of the Quit Claim Deed and forwarding the Warranty Deed to Lessor, in accordance with the provisions set forth in this Article 3.00, Escrow Agent's duties hereunder shaH have been fully perfonned and this Agreement shall be tenninated. ARTICLE 4.00 -lNTERPLEADER In the event conflicting written instructions are received by Escrow Agent from Lessor and Lessee hereunder, such that Escrow Agent, in the exercise of reasonable judgment, is uncertain how to proceed with respect to the closing of the escrow pursuant to Article 2.00 or the termination of tile eSCrow pursuant to Article 3.00 hereof, then Escrow Agent may deposit Lessor's Warranty Deed and Lessee's Quit Claim Deed referred to in Article 1.00 and any escrowed funds held by Escrow Agent with the Clerk of the District Court of Grand COWlty, Colorado, and interplead Lessor and Lessee in an action in such Court to detennine how such Deeds and any escrowed funds are to be disposed of pursuant to this Escrow Agreement and the Lease - Purchase Agreement. In any such int.erpleader action, Escrow Agent shaH be entitled to recover its costs and reasonable attorney fees for such deposit and interpleader from Lessor and Lessee! provided the Court detennines that such deposit and interpleader were reasonably necessalY as a result of Escrow Agent's receipt of conflicting written instructions from Lessor and Lessee. If such costs and reasonable attorney fees are awarded to Escrow Agent, Lessor and Lessee shall be equally responsible for the payment thereof, unless the Court otherwise directs. ARTICLE 5.00 - MISCELLANEOUS PROVISIONS ~ Any notice hereunder shall be given in writing to the party for whom it is intended. in lhe maMer provided In Secllon 9.02 of the Lease - Purchase Agreement. Any notice to Escrow Agent shaH be delivered or mailed to Escrow Agent at the following address or at such future address as Escrow Agent may designate in writing: .,--~ ---~ - . e Grand County Title & Escrow Company, Inc. P.O. Box 798 Granby, CO 80446 5.02 Escrow Agent's fee for performing the services provided in this Agreembnt is $ l the receipt of which is hereby acknowledged by Escrow Agent. I IN WJTNESSWHEREOF. the parties have hereunto subscribed their signat les effective June I, 1997. LESSEE LESSOR TOWN OF FRASER, COLORADO, a MARYV ALE, LLC, 8 Colorado limited municipal corporation of the State ofColofado liability company BY: BY: - Mayor E. Rick Watrous, Manager ATTEST: BY: Richard F. Nipert, Manager Town Clerk All of the Managers Thereof ESCROW AGENT GRAND COUNTY TITLE AND ESCROr COMPANY, INC. BY: TITLE: -4- '-- ..... .--..... JUI'.,I-13-1997 13:40 FROI'1..'1 TI1 ,. 7265518 P.08 . ' ., . i~IBIT .ell TO LEASE-PURCHASE AGRE~MENT WARRANTY DEED MARYV ALE, LLC, a Colorado limited liability company ("Grantor"), for the consideration of One-Hundred Nineteen Thousand Nine-Hundred Ninety-Nine Dollars ($119,999.00), in hand paid, hereby sells and conveys to the TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado (flGrantee"), whose address is POgt Office Box 120, Fraser, Colorado, 80442, the following real property in the Town of Fraser, County of Grand and State of Colorado, to wit: Lot 1, Block 1, Maryvale Planning Area No. 28 Subdivision Exemption Plat, according to the plat recorded October 9, 1996 at Reception No. 96008813 of the records in the office of the Clerk and Recorder of Grand County, Colorado. TOGETHER WITH all easements, rights of way and other appurtenances thereto. if any; and aU improvements and fixtures of a permanent nature currently thereon; TOGETHER WITII any and all unadjudicated water rights and/or well rights appurtenant to or used upon or in connection with said land; TOGETHER WITII any and all oil, gas and mineral rights owned by Grantor appurtenant to said land. with all its appurtenances and warrants the title to the same subject to real property taxes levied for the year 1997 and for subsequent years; and subject to the reservations, exceptions. restrictions and easements set forth on Exhibit "AU attached hereto and incorporated herein by this reference. .- SIGNED nus day of , 1991. GRANTOR MARYV ALE. LLC, a Colorado limited liability company BY: E. Rick Watrous. Manager BY: Richard f, Nipert, Manager All of the Managers Thereof c!, \1fP\nu..\IWlYVMl'.lld....... . . . 72E.5518 P.0'3 . JUN-13-1 '3'37 13:40 FPOfo1 Bel'1 TO STATE OF COLORADO) ) SS COUNTY OF ) The foregoing instrument was acknowledged befo~ me on , 1997, by E. Rick Watrous and Richard F. Nipert, as Managers ofMaryvale, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission expires: Notary Public (SEAL) .'" -2- e e TOWN OF FRASER RESOLUTION U. ,. q r A RESOLUTION APPROVING A LEASE~PURCHASE AGREEMENT BETWEEN THE TOWN OF FRASER, COLORADO, AND MAR YV ALE, LLC. BE IT RESOLVED THAT THE BOARD OF TRUSTEES OF FRASER, COLORADO HEREBY APPROVES THAT CERT ATN LEASE~PURCHASE AGREEMENT BETWEEN THE TOWN OF FRASER, COLORADO, AS LESSEE, AND MARYV ALE, LLC., AS LESSOR, DATED JUNE 1, ]997, INCLUDING ALL TERMS CONTAINED TIIERElN, AND THE MAYOR, (OR MAYOR PRO- TEM) AND THE TOWN CLERK ARE AUTHORIZED TO EXECUTE SAID AGREEMENT ON BEHALF OF THE TOWN OF FRASER. DOL Y MOVED, SECONDED, AND ADOPTED THIS DA Y OF JUNE, 1997. - TOWN OF FRASER By: Mayor Attest: Town Clerk . ~ e e - oil , .. F E L S 81 U R 0 I H o L T & 01 u ~ L E VI I June 4, 1 ~97 Mr. Chuck Reid . Town Manager Town of Fraser 163 Fraser Avenue P.O. Box 120 Fraser, cd 80442 RE: ~evised Propos~1 for Traffic Panning Services US40/Doc Susie/Byers Triang,e Dear Mr. Reid: Pursuant to your request, Felsburg HQlt & Ullevig is pleased to submit a revised proposal to provide traffic planning services related to the Town's purchase of a triangular piece of property al,ong the west side of US 4Q between Doc Susie Avenue and Byers Avenue. It is our understanding that the Town ~ould like to evaluate transportation improvement alternativas that will make this prop~rty more attractive as developable land, while also enhancing vehicle and pedestrian safelY in the area, and providing good access for existing and future: business in the area. I i Some of the improvements that willije addressed in the planning efforts include: . Geometric chanQes to the loca' street network, possibly involving the realignment of $yers Av~nue. ! i I . Th~ possible abandonment or implementation of cul-de-sacs on existing streets. ,. I i . Th~ addition of curb and gutteir along US 40. I I ! . Va~a'P?n of. em alley between t.i,~~nhowGt ana By~(s Avenues. . Redefining of access PQints. . Th~ addition of parking areas. Since the subject property abuts US ~O, all improvement scenarios and suggestions will require review and approval by the Colorado Department of Transportation before implementation could be undertaken. $peciali;;::ing in Transportation and Civil Engineering 5299 DTC Boulevard · Suite 400 Englewood, Coloradb 80111 .... (303) 721-144q Fax (303)721-0832 . r . ~ -- ", .June 4, 1997 Mr. Chuck Reid Page 2 We foresee the tasks necessary to complete the alternatives analysis as follows: Task One - Backgroumf Data 1. Traffic Count Data - We would propose to record peak hour traffic volumes and observe vehicle operations at the nearby intersections, specifically at the Eisenhower, Doc Susie and Byers intersections with US 40. Site observations at the Conoco Station would also be of benefit to help recommend the number and location of curbed access points. This proposal includes the fees necessary to record traffic volumes at the three intersections noted apove for two two-hour time periods. 2. Aerial Photography - Aerial mapping of this area woulcl serve two purposes. One, a good pho'tOgi'dph i:s' essential for oui' investigation.,\). irflpf'ov6Ii'lerrt ~uenarios. ' ' Overlays of the photography for each alternative could show geometric changes and curb and gutter additions in a fairly accurate, graphical manner. Second, aerial photos serve as good presentation graphics at City Council, Planning Commission or other public meetings. This proposal does not include fees to provide aerial photography and, therefore, we would expect the Toyvn to provide mylar originals of aerial photography of the study area to properly depict improvement alternatives. Task Two - Improvement Evaluation 1. lmorovement Alternatives - At a minimum, prepare three improvement scenarios for evaluation. These alternatives would be produced on aerial photo mylars and would be drawn in a schematic form, realizing that these concepts are for screening purposes only, not exact design work. 2. Cost Estimating - Develop an estimate of the probable cost of each alternative. This information would help in the decision making process to determine which of the concepts makes the most sense financially. 3. Access Evaluation - Determine the most appropriate site locations for new curb cuts along US 40, specifically, changes to current access movements at the Conoco Station. Of primary concern is the definition of access points to help eliminate the "wide-open" nature of turning movements along this stretch of roadway. Currently, turning movements can occur at almost any location. Access control will be a concern with COOT and, therefore, is a very important part of this process. 4. Alternative Presentation/Recommendation - Present alternative concepts to the Town Board and work directly with the Town in determining which alternative best meets the objectives of the community. .t' . 'to e e . . June 4, 1997 Mr. Chuck Reid Page 3 We would propose to conduct these s~rvices Olll a "time and materials" basis. Under such an agreement, we are compensated or!l an hourl~ basis for all labor and our direct costs are also reimbursed. The following are lour stanCilard hourly bi!ling rates applicable to this projecl: Principal $120.00/Hour Senior Engin~er $ aO.OOlHour Engineer II $ 65.00/Hour Technician II $ 50.00/Hour Support Servic~s $ 45.00/Hour At these rates, we have estimated th~t the abpve scope of services could be completed for a maximum budget of t7,750.00!for which traffic countinf;) services are included at $700.00 of tho total amount. This arJilount w6~ld bo established as,sn upset limit beyond which no charges could be made Without yqur prior approval. Please note that this estimate includes one presentation of the alte~native concepts to the Town Board and it also assumes that any questions arising during the analysis process can be answered over , , the phone. Attendance at other Town Board or Planning Commission meetings would be only at your direction and woul" be billed as extra services ~t the same hourly rates. I I If the conditions of this proposal are ~ccePtable to you, please sign below and return the original for our files, keeping a copy ~or yours~lf. We are prepared to begin work upon receipt of the signed proposal. If yoliJ have any questions, please feel free to call either Rich or me. Sincerely, , fl:lSaURQ HOLT & U~~I:VIG ,~::s~u~~ Accepted By .. ~, i 1.1- C~ Title Richard R. Follmer, P.E. Transportation Engineer Date I I e e TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-551& June 13, 1997 Conner Shepherd, PhD. Fraser Valley Metropolitan Recreation District P.p. Box 3348 Winter Park, CO 80482 t~'fJJv- PearD~r . ' Katy Press from Safeway forwarded to me your letter dated May 29, 1997, relative to your interest in the existing Safeway store site. I assume that Katy sent this to me so that I could forward your suggestion to the Task Force that the Town Board has formed, and that Safeway has graciously agreed to work with on the store's dispossession. Thank you for your suggestion. I will forward your letter to the Task Force. Sincerely, ~ Chuck Reid Town Manager c: Mayor Jeff Johnston and Fraser Board Members ýÿ I' . e . . .. ~ SAFEWAYINC. ,I _' . 6900 S. YOSEMITe P.O. BOX 5927 T.A. '-. ~ ENGLEWOOD, CO 80112-1412 T' (303) 843-7600 DENVER, CO 80217 _,\i; ;~:: June 5, 1997 Conner W. Shepherd Fraser Valley Metropolitan Recreation District P.O. Box 3348 Winter Park, Colorado 80482 Re: Safeway Store #837 Fraser. Colorado DISPOSITION OF EXISTING STORE Dear Conner, I am receipt of your May 29, 1997 letter to John King regarding the possibility of donating the existing store to the Metropolitan District. I have passed that letter along to Mark Olson with Property Development Associates to review. Mark will be responsible for evaluating the financial end of any disposition of the store. Mark or I will be back in touch with you. aty Press Area Real Estate Manager kp bee: i/?/1Hq~ Rt;t;I.TgWO Qf nrF;lSQrlt '.iFrqff~~',w#~r'f.qY:~WFt{~ qf thi$? @~=I~ .. ..<:. ~~D ~:l ,,'c.;, t."~3 . ~.. ~ , . .trt-~~ \~ ~i2" , \V - Fraser Valley JU~ .' '~ '\991 Metropolitan 1E. o\'J\S\ON RE.~L Es1 A Recreation (303) 726-8968 District P O. Box 3348 · Winter Park, Colorado 80482 May 29. 1997 John King. Vice-President & Division Manager Safeway. Inc. Division Offices 6900 South Yosemite Englewood, CO 80112 Dear Mr. King: Fraser Valley Metropolitan Recreation District is a special district that serves the recreation needs of the visitors and residents of a 250 square mile area including Fraser. Winter Park. and the unincorporated Fraser River Valley. Our Board of Directors has been made aware of SAFEW A Y's plans to build and occupy a new and larger store in the Town of Fraser. We would be interested in speaking with you regarding plans for your existing store. once vacated. The Recreation District has been in operation for almost twenty years. During that time. we have made efforts to provide recreation facilities sufficient to meet the needs of our constituents. We own and operate an eighteen-hole golf course and a forty-acre park. The gap in our delivery of services is related to the inadequacy of our indoor facilities. We provide recreation programs at the elementary school. at the public library. in the Fraser Town Hall. in a converted garage. and. in the middle school and high school in Granby. fifteen miles from the population centers of our recreation district. We understand that the Town of Fraser would like to see another retail store fill the existing space. Its motives are clear and admirable. However. the District would like to propose an alternative. We would like to use the existing space to develop an indoor recreation center. Compare the implications that might come from the sale of the space to another retailer. with the benefits you would receive donating the property to a nonprofit entity. Finding a potential buyer takes time. real estate ventures cost money. and a potential buyer for the space will most likely have some crossover competition with a super SAFEW A Y store. As a nonprofit agency. a donation to us would be valued at the highest possible appraised value. You would receive substantial tax benefits from the transaction. The benefit to the community and the public relations value it represents would be substantial. And. the recreation center would represent a noncompetitive anchor tenant that would attract substantial visitor traffic to the remaining stores and to the new SAFEW A Y. ~ . - .. . e .. SAFEW A YIFVMRD May 29, 1997 Page 2 We hope you believe our idea has merit. Though I have only discussed the two extremes, sale to an outside interest or a donation to a public entity, there are, obviously, many scenarios between the two extremes. We would be happy to discuss your vision of the future and how it dovetails with ourS.. Representatives from the Board and I would be happy to meet with you at your convenience to discuss the matter. We look forward to your response. Sincerely, ~~U Conner W. Shepherd, Ph.D. District Manager cc: Howard Gerelick, Director of Real Estate Mike Gray, Fraser Safeway, Store Manager , ýÿ e e To: The Fras1~Board,Chuck,Catherine and Vicki From: Liz .-. ,l ~ Date: June 6, . 997 Re: Maryvale Plan In case you missed my message on Wednesday I have grave concerns about waiting until the subdivision process to address Maryvale's employee and affordable housing issues. Fraser would be remiss not to guide the phasing of this PDD and include in it an adequate number of employee and affordable units to meet the needs generated by each phase. A phase should include a careful mix of uses and/or planning areas so that the town is ensured a revenue stream which can meet the new service demands. This mix is crucial and unless it is well planned Fraser could face serious financial consequences. Phasing should be addressed in the NEW POD AGREEMENT. I am uncertain if our subdivision regulations will control the phasing of this project. Without a phasing plan, commercial planning areas (12E-14E) could be separated from the residential planning areas and developed at rates which might not correspond with the service burdens of new residential development. The residential planning areas and commercial planning areas could be developed by different owners forcing the employee/affordable housing needs generated by the commercial planning areas to be located outside of the Maryvale PDD. If located within the town these units would increase our service burden. In planning areas lW and 4W the employee housing needed would be a substantial portion of the residential units proposed in these planning areas. Maryvale is a large enough development in terms of both acreage and units that it should be able to address these problems within the whole PDD in a creative fashion. Leaving this issue until the subdivision stage will limit the developers and the towns options. Again I feel it is absolutely critical that employee/affordable housing requirements be contracfually guaranteed through the new PDD as part of an overall phasihg process. ýÿ If' ..... . . I FRASER CEMEtrERY ASSOCIATION P.Q. BOX 426 FRASER, COLORADO 0442-426 May 30, 1997 Town of Fraser 153 Fraser Avenue P.O Box 120 Fraser, CO 80442 Dear Town Trustees: I On May 23, 1997, the Fraser Cemetery Association held its annual public meeting. Among the items discussed were the Fraser Cemetery Association's involvement with the Town and the developers of Maryvale Planning Area 28. The Fraser Cemetery Association's objectives, which we believe the Town Trustees share, remain the same. The Cemetery Association seeks (1) written promises to be recorded against the property establishing the exclusiveness of the entrance to the cemetery, (2) that the view corridors north down the valley and west to Byer's Peak shall be maintained and (3) that there is appropriate natural screening between the upper area of Planning Area 28 and the cemetery. The Cemetery Association's insistence is on behalf of both our present and future community. The Cemetery Association is confident that the written promises, in the form of real property conveyances, can be provided in the near future without the necessity of involving the citizens in the initiative process assuming the proposed purchase by the Town is completed. We look forward to meeting with you in the next few weeks to survey the view corridors for inclusion in appropriate easements and to survey the areas for the transfer of area necessary to protect the entrance and screening on the upper area of Planning Area 28. Please continue to communicate on the issues of the written promises for the entrance, screening and view corridors with our counsel on this matter, Ross Libenson. He is under instructions to make himself available to discuss any issues surrounding this with either individual trustees, the Board as a whole, or Town staff as necessary. Thank you for your continued concern. .- ~- .. ^' Town of Fraser Trus. . May 30, 1997 Page 2 Very truly yours, FRASER CEMETERY ASSOCIATION BOARD OF DIRECTORS /f~~ Ernie Johns Krr(({L-~ . ~f2/# Ed . D~ ~Yf/ Dave Cautrell (}JJ;.. /h. ,d ~'7r1 -- AHa Gesellman .~ 4 1 ,:?,;~.. / M~ ~.v / ~ ,'.. ~l/l (!. Lr-'" Glenn Wilson ýÿ