HomeMy Public PortalAboutTBP 1998-12-16
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120/153 Fraser Avenue
Fraser, Colorado 80442
. (970) 726-5491
FAX Line: (970) 726-5518
TOWN BOARD AGENDA
REG:uLAR MEETING'
. DECEMBER 16, 1998,7:30 p.m. . .
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1. . . Roll call r.~." .\ . '..~.
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2. . "Approval 'of 12/02 minutes .,.'
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3. . Openli'orum
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4. ' Action Items " "
,- " a) Crooked Creek Saloon liquor licensereIiewal '.',
b) Bottle Pass Liquors liquor license renewal : 'r .'
. c) .' . DiscOunt Liquor Bamliquor'license renewal . i :.
d) ordiDance . an ordiiJ.an.ce approving an amendment. to the' .
Annexation Agreement fortheMaryvale property: .",;. "... ;",'
e) Ordinance . . 'anordinanee apprOving a lease/purc~agreeme~t
between the Town 'ofFraser and the Grand County Library l?istrict for'
the "old library," located at216 Eisenhower. "i . /
5. Staff Choice
6. Board Member's Choice
Upcoming Meeting Notice
January 6, 1999: Town Board regular meeting
January 20, 1999: Town Board regular meeting
January 27, 1999: Planning Commission regular meeting
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120 1.153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
Manager's Brief'mg: December 11,1998
At the last meeting, we approved a liquor license for Bottle Pass Liquors. Unfortunately, we
were supposed to approve the license for the Discount Liquor Barn. So instead of doing the
adm!nistrative shuftle, we'd like to renew both the Discount Liquor Barn and Bottle Pass Liquors
and, while we're there, insure that libatio~ can sti1I be served at the Crooked Creek .', (Gee, it , .
would seem to me that somewhere in here we could find somebody to undenyrite W'edn~<<.tay~s" .
party -- or at least parts of the party. But\vewon't go there, it wasjusta,th()1.1ght: '::.J. .~;:' .:' i,
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Then, we'll formalize the amendments to the annexation agreement tbatwe've b~ talking ahmit, .:. .
with Maryvale. The Planning Commission approved four amendments to the PDD: ..' .- . .. .~'.~ '.
1. changing the date that the school impaCt fee is due from 10/31/98 to 12/15/98 with ';'.~:<' - ::.', .~~
.10% interest due for the 6 'weeks;.' . -,".~ :'
2. changing the date that access toFOI:est Service and through.theUrban's'property is '. . ' .~ ,-., .
assured by easement. from 10/31/98 to 12/31/98 and including a $10n/day finefot any",' ',' .....
days beyondl2i31/98 when this has not been received by the Town;, ' . .,..... " .
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3. changing the date of dedication of the linear park from 7/28/98unti17/28/99 .and ':/ ' . ,
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including a $100/day fine for any' days beyond 12131/98 when this has not been
received by the Town; and ',,",'
. 4. including additional penalty clauses that will apply when future public dedication' . .
. deadlines are missed.
Rod and I spoke about these changes on Friday morning and he was going to fax overthe new
ordinance and agreement later today. When he faxes those, I will be in Boulder meeting with
Daryl Shrum, fun Sheehan, and a local property owner about a potential community housing
project. As such, I won't see the revised ordinance and agreement until this weekend - my way
of saying there may be additional changes to the enclosed ordinance and agreement that could be
presented Wednesday night.
Finally, the ordinance and lease/purchase intergovernmental agreement for the old library is
enclosed and ready to be enacted. The deal works out well for us as we are able to cash-flow the
purchase of the building, with our only up-front costs being the bathroom remodel and half the
cost of the structural roof repairs. The Recreation District has also hired fun Coleman and they're
making structural changes to the building that will immediately increase the value of the building.
This has truly been a win-win-win deal, a nice way to end the year.
Then, please come to the Reids for an end-of-the year holiday celebration!
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TOWX BOARD
DEe. 2, 1998
Th~ regular m~eting of the Tmvn Board was called to order at 7:30 p.m. Present w~r~
:\.Iayor Jolm.".iton. Klancke.Sandcrs. :\.Iclmyre. Soles and Rantz. .-\1so present \vere Reid
Winter ~Illd Stone.
K1.ancke made a motion to approve the ~ov. 18. 1998 minutes~ 2nd Rantz.
BlTIGET HEARIl\'"G
Klancke made a motion to open the public hearing on the proposed 1999 budget.
Reid brietly reviewed the proposed 1999 budget.
~ 0 conunents trom the audience.
:\. fcIntyre made a motion to close the budget hearing, 2nd Sanders. carried.
ACTIO~ ITEl\IS
Soles made a motion to adopt Resolution 12-1-98 adopting the 1999 budget~ 2nd K1.ancke,
earned.
Sanders made a motion to adopt Resolution 12-2-98 setting the mill levies, 2nd Rantz
carned.
Soles made a motion to adopt Resolution 12-3-98 appropriating sums of money for
expenditures tram the revenues. 2nd Sanders. carried.
Si)les made a motion to adopt Resolution 12--\.-98 appro\.ing th~ 3 mile plan. 2nd Sanders.
carried.
Soles made a motion to adopt Resolution 12-;-98 appr0'.mg the IG.\ \vith Head\vater
Trails, ~nd I..J.anck~. camed.
:\.ldnryre made a motion to approve rhe lIqUor lkense renewal ~'or Bottle Pass Liquors. 2nd
Ranf7_ c~lrried.
f-]ancke made a mOlion to have th\: Town \Ianager mO\e 1'o1"\\oan1 \\ilh kases \vith the F. \'.
S..::nj,)rs tor us..:: of 1 51) Fr;lser .\vt:. and with Lmy Ranft for use of -\.Oi) Doc. Susie. 2nd
S.lndl;1's. c.mieJ. Reid is still \vorking 1m the old Library building.
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:\ kIntyre made a motion to direct Reid to move fonvard \vith contracts '.vith the foUO\,'ing
.:ntiti~s: G.c. Sheriffs Dept.. G.c. Building Dept., Fraser Sanitation District for
~quipment. Winter Park \,'-est (~quipment), motion 2nd Sanders. carried.
.\kIntyre made a motion naming the follO\ving TO\\'n officials and directing the To\yn
:\,fanagcr to move fonvard \-,,'ith contracts if applicable:
1- TO\vn ~Iarshall. Rod Johnson. Grand County Sheriff
.., Rod :\.fcGowan. TO\vn Attorney
3. Stan Cazier, \vater attorney
+. Fire Chief. Todd Holzworth. EO Fire Dist.
5. Jim Swanson, Town Engineer
6. :\;fcLaughlin Water Engineers, \vater rights engineering.
7. Viek'y \Vinter. Town Clerk
8. Chuck Reid To\,u :\Ian,lger
:\ {otion 2nd by Soles. carried.
:\Iotion made by Sanders naming the Town Hall foyer as theTO\\-u's official posting
location. 2nd Klancke. earned. Klancke also moved to post at the Fraser post office. 2nd
MeIn1)Te, earned.
DISCrSSIO:\" ITE~IS
Reid discussed the drainage paving proj~ct open house to be held at 7:00 p.m. Dec. 8th.
Board was gi'ven various phone numbers of the resident or business O\\-uers ,,\ithin Phase
One of the project to remind them of the open house. A Letter was sent to prapeny owners
as well regarding this meeting.
Board held brief discussion on a noise Ordinance.
STAFF CHOICE
Reid advised that he \vas offering contracts to all of the other present employees of the
T O\vn.
Reid \-vauld like to serve on the CIRS.\ Board. Town approved this.
Reid asked for a i.;onsensus on the proposed GC\'\'SD preliminary plans. Board agreed
~hJt they ~xp\:C[ !h~ building to be set back as 0!iginally presented and landscaped so that it
can not he s~en. Regulations call for no nat roots and height limit is 30 ti;:et. The plan \-"ill
be on The agenda again at The Planning Commi;,;sion meeTing Dec. 9th,
Rt.:id discussi.:d the 2.75 J.:n..: t~et oh\akr the Town has in \\'olford :\It. res.:noir .mtI the
annu..l[ mainknanc~ ke at S600.00. Board moved to approve the S600.
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BOARD CHOICE
Board asked about a road being built in ~Iaryvak. R~id ad\. ised that this is a service road
for drilling water \vells as required prior to b~ allowed to subdhide.
~o further business meeting adjourned at 9:..J.O p.m.
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TO\VN OF FRASER
ORDINANCE NO. ~~
AN ORDINANCE APPROVING AN AMENDMENT TO THE ANNEXATION
AGREEMENT FOR THE MARYV ALE PROPERTY.
WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, by Ordinance 238,
heretofore approved the execution of an Amended and Supplememed Annexation Agreement for
the Maryvale Property, dated April 15, 1998 (the "Annexation Agreement"), relating to the
property located in the Town of Fraser, County of Grand, State of Colorado, as more
particularly described in Exhibit A-6 attached to said Annexation Agreement; and
WHEREAS, Maryvale LLC, a Colorado limited liability company ("Developer"), as the
owner of the Maryvale Property, has requested that said Annexation Agreement be amended in
order to extend the deadlines for the performance of certain of its obligations thereunder; and
WHEREAS, the Board believes that such amendments should be approved, subject to
the terms and conditions set forth in the Amendment to Annexation Agreemem for the Maryvale
Property, dated October IS, 1998, which has been prepared by the Town Attorney and reviewed
by the Board.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO, THAT:
Section I. The Board of Trustees hereby finds and determines that the Amendment to
Annexation Agreement for the Maryvale Property. dated October 31, 1998, between Maryvale
LLC, as Developer, and the Town of Fraser, providing for certain amendments to the said
Annexation Agreement approved by Ordinance 238, is reasonable and in the best interests of the
citizens and residents of the Town of Fraser.
Section 2. The Board of Trustees hereby approves said Amendment to Annexation
Agreemem for the Maryvale Property and authorizes the Mayor (or Mayor Pro-tern) and the
Town Clerk to execute said agreement on behalf of the Town.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES THIS day of . 1998.
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V otes in favor: BOARD OF TRlJSTEES OF THE
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Votes opposed: _ TOWN OF FRASER, COLORADO
Votes abstained:
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BY:
Jeff Johnston. Mayor
ATTEST:
(SEAL)
Virginia Winter, Town Clerk
Published in the Winter Park Manifest on , 1998.
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AMENDMENT TO ANNEXATION AGREEMENT
FOR THE
MARYV ALE PROPERTY
. October 31, 1998
THIS AGREEMENT is made and entered into effective October 31, 1998, by and
between the TOWN OF FRASER, a municipal corporation of the State of Colorado ("Fraser"),
and MARYV ALE LLC, a Colorado limited liability company ("Developer").
ARTICLE 1.0 - RECITALS
1.1 On or about April 29, 1998. the Fraser Board of Trustees adopted Ordinance No.
238, approving an Amended and Supplemented Annexation Agreement for the Maryvale
Property, elated April 15, 1998 (the ""Annexation Agreement"). Said Ordinance and an
executed copy of the Annexation Agreement approved thereby were recorded at Reception No.
98006150 of the real estate records of Grand County, Colorado. Said Annexation Agreement
provided, among other things, for the approval of a revised Planned Development District Plan
("PDD Plan") for the property referred to therein as the "Maryvale Property" and more
particularly described in Exhibit A -6 thereof. a copy of which is attached hereto and
incorporated herein by this reference.
1.2 Developer continues to own the Maryvale Property and has all of the rights.
privileges and obligations of the Developer under the Annexation Agreement.
1.3 Developer has requested that certain provisions of the Annexation Agreement be
amended, in order to extend the time for the completion of Developer's obligations thereunder.
Fraser is willing to agree to such extensions, upon the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the premises and the mutual covenants and
agreements set forth herein, Developer and Fraser agree as follows: (
ARTICLE 2.0 - AMENDMENTS TO ANNEXATION AGREEMENT
2.1 The deadline for the initial payment of money in lieu of school sites pursuant to
Subsection 10.13.1 of the Annexation Agreement is extended from October 31, 1998 to
December ~ 1998.
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2.2 Developer agrees to pay inteiest and collection costs if it is necessary for Fraser to
pursue collection of such December ~ 1998 payment or any subsequent payment of money in
lieu of school sites; and to that end, the following sentence shall be added at the end of
Subsection 10.13.1 of the Annexation Agreement:
If Fraser proceeds with collection of any payment. Developer shall be additionally liable
to Fraser for interest on the payment due at the at the rate of ten percent (10 %) per
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annum, compounded monthly, from the due date until full payment is received by
Fraser, plus all collection costs incurred by Fraser, including reasonable attorney fees,
which additional sums shall be non-refundable.
. 2.3 The deadline specified in Section 10.2 of the Annexation Agreement for
, determining the description and completing the dedication or conveyance of the linear park to
Fraser, is extended for a period of one (1) year, to July 28, 1999.
2.4 The deadline specified in Section 10.12 of the Annexation Agreement for
Developer's execution and delivery of an easement deed granting a temporary public easement
along the existing trail located on the Maryvale Property which leads to the Forest Service
lapds, and for Developer's furnishing satisfactory proof that an adequate public right -of-way has
been obtained across the Excluded Property described on Exhibit A-I, is extended from October
31, 1998 to December 31, 1998.
2.5 The following new Section 10.14 shall be added to the Annexation Agreement at the
end of Article 10.0 thereof:
10.14 Whenever this Agreement calls for Developer to grant any right-of-way,
easement, park land or other property by a certain date or within a certain time,
Developer shall perform all acts necessary to complete the grant by the date or within
the time specified. Where any such grant is required after a request by Fraser or some
other event and no time is specified for the completion thereof, Developer shall perform
all acts necessary to complete the grant within a reasonable time, and in no event later
than ninety (90) days after the request or other event which triggers the grant. In each
instance, if Developer fails to complete any such grant within the time allowed,
Developer shall be liable to Fraser for payment of $100.00 per day from the date the
performance was due, as provided herein, until all acts necessary to complete the grant
are fully performed. Such delay damages payable to Fraser shall be in addition to all
other rights and remedies available to Fraser for Developer's failure to complete any
such grant of a right-of-way, easement, park land or other property required under this
Agreement.
Without limiting the generality of the foregoing, the provisions of said new Section 10.14 shall
be applicable to the performance required from Developer in accordance with the extended
deadlines specified in Sections 2.3 and 2.4 of this Amendment.
ARTICLE 3.0 - MISCELLANEOUS
II Developer agrees to reimburse Fraser for all costs and expenses associated with
extending such deadlines and amending the Annexation Agreement, including but not limited to
reimbursement for the fees of the Town Attorney, at the rate of $125.00 per hour, and the time
spent by the Town Manager and other Town statI, at the rate of $35.00 per hour. Such
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reimbursement shall be paid within 10 days after written notice is given by Fraser of the amount
due.
3.2 Except as expressly amended by the terms of this instrument, the Annexation
Agreement and all terms, conditions and provisions thereof, shall remain unchanged and are
hereby ratified and confirmed by Fraser and Developer.
3.3 This Agreement may be executed in counterparts, and upon execution of such
counterparts by all parties, this Agreement shall be binding upon the parties as if each had
executed a single original. Facsimiles of original signatures and of executed counterparts shall
be treated as originals.
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3.4 This Agreement shall be recorded with the Clerk and Recorder in Grand County,
Colorado, shall run with the land, and shall be binding upon and inure to the benefit of the
heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures.
DEVELOPER FRASER
MARYVALE LLC, a Colorado limited TOWN OF FRASER, a municipal
liability company corporation of the State of Colorado
BY: BY:
Manager Mayor
ATTEST:
BY:
Manager
Town Clerk
All of the Managers Thereof
(SEAL)
(Additional signature pages follow)
The undersigned, who have or may have an ownership interest in the Maryvale
Property, as defined in the Annexation Agreement, hereby acknowledge their approval of the
terms of the foregoing Agreement and agree that they will be bound thereby.
Kevin L. Ehlers Gary R. Dani
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E. Rick Watrous Preet Singh
Donald E. Mielke Judith A. Elliott
Duane A. DuffY Larry Dus
Richard E. Nipert
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LIENHOLDER APPROVAL
The undersigned, as the holder of a lien on all or a part of the Maryvale PI:operty described
in the Annexation Agreement, hereby acknowledges its approval of the terms of the foregoing -
Agreement and agrees it will be bound thereby in the event of foreclosure of said lien.
REGIS JESUIT HOLDING, INC., a
Colorado nonprofit corporation
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BY:
TITLE:
DATE:
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LIENHOLDER APPROVAL
The undersigned, as the holder of a lien on all or a part of the Maryvale Property described
in.the Annexation Agreement, hereby acknowledges its approval of the terms of the foregoing -
Agreement and agrees it will be bound thereby in the event of foreclosure of said lien.
COMMUNITY FIRST NATIONAL
BANK, formerly known as COLORADO
. COMMUNITY FIRST STATE BANK
BY:
TITLE:
DATE:
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EXHIBIT A-6
PROPERTY DESCRIPTION
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A parcel of land located in the South one-half of the South one-half (SI/181/2) of Section 20, the
South one-half of the Southwest one-quarter (S1I18W1I4) of Section 21, Section 28 and Section
29 all in Township 1 South, Range 75 West of the Sixth Principal Meridian, County of Grand,
State of Colorado, more particularly described as follows:
That portion of the Southwest one-quarter of the Southwest one-quarter (SWl \4SWl \4) of said
Section 20 lying Northerly and Easterly of the Southern Pacific Railroad right of way;
Together with that portion of the Southeast one-quarter of the Southwest one-quarter
(SElI4SW1I4) of said Section 20 lying Southerly and Westerly of Highway No. 40;
Together with the South one-half of the Southeast one-quarter (S1I18El/4) of said Section 20;
Together with the South one-half of the Southwest one-quarter (S1I18W1I4) of Section 21;
Together with the Northeast one-quarter (NEI/4) of said Section 28;
Together with the North one-half of the Southeast one-quarter (N1I18E1I4) of said Section 28;
Together with that portion of the Northwest one-quarter of the Southwest one-quarter
(NW1I4SW1I4) of said Section 28 lying Northerly of the right of way of Kings Crossing Road
as described on a Land Survey Plat recorded at Reception No. 96007615;
Together with that portion of the Southwest one-quarter of the Southwest one-quarter
(SWl/4SW1I4) of said Section 28 lying Northerly of said right of way of Kings Crossing Road,
be there any;
Together with the Northwest one-quarter (NW1I4) of said Section 28;
Together with the Northeast one-quarter (NE1I4) of said Section 29;
Together with those portions of the Southeast one-quarter (SE1I4) of said Section 29 as
described as Parcel 3 and Parcel 4 at Reception No. 97002916;
Together with that portion of the North one-half of the Northwest one-quarter (N1I2NW1I4) of
said Section 29 lying Northerly and Easterly of the Southern Pacific Railroad right of way;
Together with the South one-half of the Southwest one-quarter (S1I18W1I4) of said Section 29;
Together with that portion of Northeast one-quarter of the Southeast one-quarter (NE1I4SE1I4)
of Section 29 lying Northerly and Easterly of the Southern Pacific Railroad right of way;
Except the right of way for Highway No. 40;
Except the right of way for Southern Pacific Railroad;
Except the tract of land conveyed by Regis-Maryvale, Inc. to the East Grand Fire Protection
District by instrument recorded November 8, 1982, in Book 318 at Page 649 in the Office of the
Grand County Clerk and Recorder;
Except the tract of land conveyed by Regis-Maryvale, Inc. to the Grand County Water and
Sanitation District No. 1 by instrument recorded July 26, 1983, in Book 332 at Page 677;
Except the tract of land conveyed by Regis-Maryvale, Inc. to the Town of Fraser by Warranty
Deed recorded November 5, 1987, in Book 427 at Page 601;
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. Except that parcel of land known as Tract "A", Regis-Maryvale, Inc. a Subdivision Exemption
as recorded at Reception No. 280227;
Except the right of way of that County Road known as "Forest Trail" as recorded in Book 222
at Page 248;
EJ$:cept the right of way of that County Road known as "Old King Road" as recorded at File
Number 0080;
Except that tract of land known as "Maryvale Planning Area No.6" a Subdivision Exemption;
Except that tract of land known as "King's Crossing Solar Townhomes" as recorded at
Reception No. 177402 and
Except that parcel of land described as an exception parcel in Book 442 at Page 607;
Except Maryvale Planning Area No. 13 Subdivision Exemption, according to the recorded plat
th~reof; and
Except Maryvale Planning Area No. 28 Subdivision Exemption, according to the recorded plat
thereof.
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,Dec J. 1 98 10:44a Baker, CazIer & McGowan 970-887-9430
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TOWN OF FRASER
ORDINANCE NO. ~t!f
AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE TOWN OF FRASER, COLORADO AND THE GRAND
COUNTY LIBRARY DISTRICT.
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 Intergovernmental Agreement between the Town of Fraser
and the Grand County Library District, providing, among other
things, for the Town's lease and option to purchase the fixtures
and improvements located on the following real property situate
in the Town of Fraser, County of Grand, State of Colorado, to-
wit:
North ~ of Lots 3, 4, 5 and 6, Block 5, in the Town of
Fraser, formerly known as the Town of Eastom;
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
, 1998.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Jeff Johnston, Mayor
(SEAL)
ATTEST:
Virginia Winter, Town Clerk
Published in the winter Park Manifest on ,
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c; \W;".FP";'SZR' Agt'ee-nents'.::":.orar~'.ord wpd
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Cazier L McGowan 9.887-9430 10.3
Dee 11 98 10:44a Ba.,
INTERGOVERNMENTAL AGREEMENT
By and Between the Town of Fraser, Colorado, and
Grand County Ubrary District
THIS AGREEMENT is made and entered into effective ,
199~, by and between the Town of Fraser, Colorado, a municipal corporation of the State of
Colorado (herein referred to as "Fraser"), and the Grand County Library District, a special
district of the State of Colorado (herein referred to as "Libraxy District").
ARTICLE 1.0 - RECITALS AND PURPOSE
1.1 Fraser and Library District are political subdivisions of the State of Colorado.
1.2 The constitution and statutes of the State of Colorado, particularly Part 2, Article I, Title
29, Colorado Revised Statutes, as amended, authorize political subdivisions to enter into I
agreements which may be of mutual benefit to both parties.
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1.3 Fraser is the owner of the real property located in the Town of Fraser, County of Grand,
State of Colorado, more particularly deScribed as follows:
North 1f2 of Lots 3,4,5 and 6, Block 5, in the Town of Fraser, formerly
JOlown as the Town of Eastorn.
Said real property is referred to herein as the "Property."
1.4 On JWle 7, 1978, Fraser granted a lease of the Property to the Grand County Library
Board, pursuant to Town of Fraser Ordinance No. 74, to remain in effect so long as tl1e
Property was used for a public library or for 100 years from the date of the Ordinance,
Whic.hever period was shorter (the "Library Land Lease").
1.5 Library District has succeeded to the interests of the Grand County Library Board under
said Library Land Lease and operated a public library on the Property until February
1998. As successor of the Grand County Library Board. the Library District is the owner
of the fixtures and improvements currently on the Property (the "Library
Improvements") .
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Cazier & McGowan .-887-9430 p.4
98 10:45a a.r. . .
Dec 1 1
1.6 Library District has constmcted a new library facility in the Town of Fraser, and as a
result, Library District no longer has any need to use the Property for library purposes.
1.7 Fraser and Library District desire to confirm their understanding and agreement
concerning tennination of the Library Land Lease and Fraser's right to lease and acquire
ownership of the Library Improvements by means of a lease and option to purchase, all as
neared fully provided herein below.
1.8 This Agreement has been authorized and approved by the legislative body of each of thc
parties hereto.
NOW, THEREFORE, in consideration of the premises and the mutual promises
and 'covenants set forth herein, the parties agree as follows:
ARTICLE 2.0 . WARRANTY; TERMINATION OF liBRARY lAND LEASE
2.1 To the best knowledge of the Board of Directors, Library District represents to Fraser that
Library District is the lawful owner of the leasehold granted pursuant to the Library Land
Lease and of all Library Improvements.
2.2 Fraser and Library District agree that the Library Land Lease shall be and is hereby
tenninated, effective upon execution of this Agreement by both parties.
ARTICLE 3.0 . LEASE AND OPTION TO PURCHASE LIBRARY IMPROVEMENTS
3.1. Library District hereby agrees to grant to Fraser a lease of and an option to purchase the
Library Improvements upon the terms and conditions hereinafter set forth.
3.2 Fraser's lease of the Library Improvements shall be deemed to commence as of the
effective date of this Agreement. The initial term of such lease shall be for a period of
one (1) year from such date. Following such initial tenn, the lease shall be automatically
renewed for successive renewal terms of one (1) year each, unless Fraser notifies Library
District at least thirty (30) days prior to the end of the initial or the then current renewal
term of Fraser's election not to renew the lease for the following renewal term, or unless
this lease is r.erminated as a result of non-appropriation as provided in Section 3.8 hereof.
Unless this lease is terminated as provideci herein, such automatic renewals shall continue
until all rent/option payments specified in Section 3.7 have been paici, whereupon Fraser
shall be deemed to have exercised its option to purchase the Library Improvements as
provided in Section 3.6. References herein to the term of this lease or the lease term shall
include said initial term and any renewal tcrms hereunder.
3.3 Fraser has had ample opportunity to inspect the Library Improvements. The parties
agree that the Library Improvements are in need of certain repairs. Library District shall
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Cazier 8. McGowan 970-887-9430 p.5
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bear responsibility for 50% of the costs of all the roof repairs identified in the second
paragraph of section 1 of the memorandum from Jim Coleman, a copy of which is
attached hereto as Exhibit "A". Fraser shall be responsible for the other 50% of such
costs and all costs of any additional repairs. Library District's share of such costs shall be
credited against the purchase price of the Library Improvements and the rent and option
payments to be made by Fraser, as provided in Section 3.6 and Subsection 3.7.2. Except
for the roof repairs in Exhibit "A", Fraser accepts the Library Improvements "as is"
vvithout any warranty whatsoever, concerning the condition, capacity, fitness for use or
suitability for operation of the Library Improvements.
3.4 During the term of the lease, vvith the \Witten consent of Library District, Fraser may
make such alterations, additions or improvements to the Library Improvements as it shall
deem necessary or appropriate. With the written consent of the Library District, Fraser
may sublet the Library Improvements, together with the Property, to such persons and
upon such terms as it shall choose. During such lease term, Fraser agrees to maintain or
require its subtenant(s) to maintain the Library Improvements in as good condition as
they now are, normal wear and tear except.ed. Fraser or its subtenant(s) shall be
responsible for the payment of all utilities consumed upon the premises, including
telephone, electricity and gas. No consent shall be unreasonably withheld.
3.5 In the event that Fraser shap perform any work on the premises which would give rise to
a lien under the provisions 9f C.R.S. ~ 38-22-101. et seq., Fraser shall not permit any part
of the Library Improvements to be encwnbered by a mechanic's lien or similar lien, and If
any mechanic's lien or simi~ar lien is created against the Library Improvements, or any
part thereof, on account of any labor done or materials or services furnished in
connection with any such work. Fraser shall discharge that lien and cause it to be released
of record within thirty (30) idays after the date of fiUng. All work performed by Fraser
upon the Library Improvemients shall, upon the termination of this Lease and Option as
provided in paragraph 3. I I ibecome the sole property of the Library District without any
payment from the Library qistrict therefor.
3.6 Fraser shall have the optionlto purchase the Library Improvements for th~ sum of
$58,000.00, less the Library District's share of the costs of necessary repairs as provided
in Section 3.3. Fraser shall pe entitled to a credit against such purchase price for the
entire amount of all rent/option payments made pursuant to Section 3.7 hereof, and no
interest shall accrue on such purchase price during the lease term. Such option shall be
automatically deemed to be lexercised, without notice, upon Fraser's payment of all of the
installment payments proviqed in Section 3.7, and Fraser may exercise such option at any
time by paying the balance M such purchase price remaining after credit for the
instalhnents previously paid;
Page 3 of 7
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1 1 sa lO:4Sa BWr, Cazier & McGowan w-aa7-S430 . ,
Dec
3.7 Fraser agrees to pay to Library District the following sums as consideration for the lease
and option to purchase the Libraxy Improvements, subject to annual appropriation of
such sums as provided in Section 3.8.
3.7.1 Two installment payments of $4,833.33 each shall be made on or before
Januaxy 31,1999, and July 31,1999, respectively.
3.7.2 Subsequent instalhnent payments shall be due on January 31 and July 31
of each year, commencing in the year 2000 and continuing through July
31, 2004, unless the balance of the purchase price of the Library
Improvements is sooner paid by Fraser. Such installments shall be in an
amount equal to 10% of the balance of the purchase price specified in
Section 3.5, after deducting Library District's share of the roof repair costs
and after credit for the payments pursuant to Subsection 3.7.1
[$58,000.00, minus Library District's share of the roof repair costs, minus
$9,666.66 paid in 1999, divided by 10 (the number of remaining
installment payments)].
3.8 Library District understands and agrees that Fraser's obligation to pay the rent/option
installments provided in Section 3.7 is subject to annual appropriation by the Board of
. Trustees of Fraser of the funds necessary to pay such ins~ents. Such obligation shall
be from year to year only and shall not constitute a multiple-fiscal year direct or indirect
debt or other financial obligation or any obligation payable in any fiscal year beyond the
fiscal year fOT which funds are appropriated for the payment thereof or payable from any
funds other than funds appropriated for the payment of current expenditures. If the
Fraser Board of Trustees fails to appropriate funds for payment of said rent/option
installments, Fraser may tenninate the lease of the Library Improvements upon prior
written notice to Library District, effective sixty (60) days after giving such notice or
upon the next instalhnent due date for which payment has not been appropriated,
whichever is earlier, and thereupon Fraser shall be released from any further obligation to
pay the rent/option instalhnents due thereafter.
3.9 Upon Fraser's exercise of the option to purchase by full payment of the purchase price,
Library District shall transfer and convey title to the Library Improvements to Fraser.
Such transfer and conveyance shall be made within thirty (30) days after payment of the
final installment of the purchase price, by Library Di.~trict's execution and delivery of a
Quitclaim Deed to the property and Bill of Sale for the Library Improvements.
3.10 Time is of the essence hereof. If any obligation of Fraser or Library District hereunder is
not performed as herein provided. there shall be the following remedies:
(a) If FRASER IS IN DEFAULT and such default consists of Fraser's failure to
make the instalhnent payments as provided in Section 3.7 hereof, then
Page 4 of 7
10:48a ea., Cazier & McGowan S.887-S430 p.7
. Deo. 11 S8
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Library District may give written notice of such default to Fraser, and if
such default is not corrected within thirty (30) days after Fraser's receipt of
such notice, then Fraser's lease of and option to purchase the Library
Improvements shall be tenllinated effective upon the tennination of said
thirty (30) day period. In the event of any other default by Fraser
hereunder, Library District's remedy shall be limited to a court action for
any actual damages incurred by Library District as a result of the default.
Library District expressly waives any other remedies except those provided
herein.
(b) If LIBRARY DISTRICT IS IN DEFAULT. Fraser shall give written notice
of such default to Library District, and if such default is not corrected
within thirty (30) days after library District's receipt of such notice, then
Fraser shall have the right to a court action for specific performance of this
Agreement. for damages for the breach thereof, or both.
3.11 If Fraser's lease of and option to purchase the Library Improvements is terminated other
than through the exercise of Fraser's option to purchase hereWlder. then Library District
shall have the right to remove the Library Improvements from the Property and shall do
so within one (1) year after the effective date of such termination. Library District shall
. repair any damage to the Property caused by such removal. If Library District fails to
complete the removal within such one (1) year period, Fraser may retain the Library
Improvements as liquidated damages for the wrongful withholding of possession of the
Property, or it may pursue its other remedies as pro'\ided in Section 3.10 hereof.
3.12 Fraser shall maintain. so long as this Agreement is in effect, fire and extended coverage
i,nsurance on the Library Improvements on a replacement cost basis. Such insurance shall
not be cancellable without prior notice to the Library District.
ARTICLE 4.0 - MUTUAL RELEASES
4.1 Upon tennination of this Lease and Option, either by payment of those amounts set
forth in paragraph 3.7, and conveyance of the Library Improvements to Fraser, or by
removal of the Library Improvements as set forth in paragraph 3.11, Fraser and Library
District shall execute mutual releases for any and all claims. liability, damages for
themselves or against any claim brought by any third party against Fraser or Library
District arising out of Library District's use and occupation of the Library Improvements,
Fraser's use and occupation of the Library Improvements, or the performance of the
provisions of this Lease and Option.
Page 5 of 7
p'".8 ,
Cazier 8. McGowan .-887-9430 .
98 10:49a a.rt '..
Dee 1 1
ARTICLE 5.0. INDEMNIFICATION
5.1 Fraser hereby indemnified Lihrary District against any and allllability, loss, cost, damage
or expense sustained by Library District, including attorney's fees and other expenses of
litigation, whether or prosecuted to judgment or not, arising out of Fraser's perfonnance
of this Lease and Option or the occupancy of the Library Improvements by Fraser or any
subtenant thereof as well as against any and all liens and charges of any and every nature
that may at any time be established against the Library Improvements as a consequence,
direct or indirect, of any action or omission of Fraser or the existence of Fraser's interest
under this Lease and Option. In case any action or proceeding shall be brought against
Library District as indemnified herein, Fraser shall give notice to Library District and
shall defend such action or proceeding by counsel satisfactory to Library District.
ARTICLE 6.0 . MISCELLANEOUS PROVISIONS
6.1 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 Library Improvements in
Fraser, so long as Fraser's lease of and option to purchase the Library Improvements, as
provided in this Agreement. remains in effect. During the time that such lease and
option to purchase is in effect, Library District shall have no right to sell, pledge;
. encumber or othelWise alienate the title to the Library Improvements to any other person
or entity, and any attempt by Library District t.o so sell, pledge, encumber or otherwise
alienate the Libraxy Improvements shall be void as against the interests of Fraser
hereunder.
6.2 Except as otherwise expressly provided herein, this Agreement and the right and duties of
Fraser and Library District hereunder shall be binding upon and shall inure to the benefit
of their respective successors and permitted assigns.
6.3 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 both parties and specifically referred hereto.
6.4 This Agreement shall be construed under and shall be governed by the laws of the State
of Colorado, and the District Court. in and for Graud County, Colorado, shall have
exclusive jurisdiction over any court action arising therefrom.
6.5 In the event of any litigation or arbitration arising out of or relating to this Agreement,
tbe Court or arbitrator shall award to the prevailing party all reasonable costs and
expenses thereof. including attorney's fees.
6.6 Fraser may not assign the option granted by this Agreement without the Library District's
written consent.
Page 6 of 7
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Ba., Cazier 8. McGowan S.887-S430 p.S
Deo.. 11 S8 10:50a
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures,
effective the date first above mentioned.
TOWN OF FRASER, COLORADO GRAND COUNTY LIBRARY DISTRICT
BY:' BY:
Jeffrey Johnston, Mayor President
Attest: Attest:
Virginia Winter, Town Clerk Secretary
STATE OF COLORADO
: S8:
COUNTY OF GRAND :
The foregoing instrwnent was acknowledged before me this _ day of ,
1998 by Jeffrey 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
STATE OF COLORADO :
: ss:
COUNTY OF GRAND :
The foregoing instrument was acknowledged before me this _ day of ,
1998 by , as President, and ,
as Secretary of the Grand County Libraxy District.
WITNESS my hand and otIicial seal
My COmmission Expires:
(SEAL)
Notary Public
Exhibits:
"A" . Coleman Memorandum
Page 7 of 7
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~r. Cazier & McGowan ~-887-S430
p~.10
Dec 11 S8 10:50a PAGE 02
11/IN/1998 23:64 9767 8 TOWN OF FRASER
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Coleman Construction 726-4008 Jim Coleman
t.1i3~Ater I12~E(,T
;.
1. The west roof has 4- X 12" roof purlins at 6' O.C. . wj~ decking on top.
1" foam insulation, then a 2 X 4 cold roof on top. then 1 X 4 with metal roofing
: on top. On the west end 1/2 way up there is a slight dip in the metal roofing. This
may h~ve been caused by the 2 X4 cold roof senellng into the 1" foam. There is solid
i:'. blocking at this point in the roof and I can not see the exact cause of this slight dip.
i:' The problem seems to be in the cold roof and not In the original roof. (No repairs
. needed).
. The 4- X 12" purlin that Is split may need additional support. I would sugest two
:. 11 7/8" X 1 7/8" Versa lams. one on each side, to beef up this beam. Also put 1X12
'; : cedar over this fix to hefp hide the difference in beams. and stain to match. Cost of
r~. this fix. might be $2,000.
':
:; 4. Water Closet - To make one un i-sex handl-oap bathroom. the wall or walls
.:~.. need to be moved and the bathroom fixtures rearranged to make room for the' 5~ Die.
i'.::. circle ana the 36" door. The simple plan could cost 4 to 5,000 or up to
8.000 for the
:;.:' fancy plan.
~;;
'::., 5. The front window glass seems to be standard 36- patio door slider glass. If that
;':.;- is what they are, they are already sattey glass. The saftey glass sticker may be
:,(.'below the. 314- wood glass stop. (No replacement needed).
;:' 6. Winter Park lodge: has 2 X 8 roof rafters cantirevered 61 over the fourth
::'.1100r decks. The roof does sag some in the middle. This was approved by the county
::':building dept. and was reroofed by Jim Coleman one year ago. The Library 5' overhang
'~.<by 2 x12"s was approved by County Building Dept. Upon looking down the facia Iroof
r'une from the end. there Is no saging in either the un-suppOl1ed section or the
;,;: surported section. (No changes needed).
.r.? Upon funher measurements of the roof beams. They are 8 X12t1 beams not 8 x8"
/:4:Beams. These beams seem to be sized for the rOOf load and were inspected by the
(county inspectors. (No Changes needed).
~.
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EXHIBIT
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