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HomeMy Public PortalAboutResolution 2008-05-03 Approving an Indemnification Agreement and Utility Easements and Authorizing Final Acceptance of Subdivision Improvements TOWN OF FRASER RESOLUTION NO. 2008-05-03 A RESOLUTION APPROVING AN INDEMNIFICATION AGREEMENT AND UTILITY EASEMENTS AND AUTHORIZING FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS. WHEREAS, CORNERSTONE WINTER PARK HOLDINGS LLC, a Colorado limited liability company ("Cornerstone") and the Town of Fraser are parties to that certain Amended and Restated Annexation Agreement for the Rendezvous Property dated June 4, 2003, as amended ("Annexation Agreement"); and WHEREAS, pursuant to the Annexation Agreement, Cornerstone is obligated to construct and install certain water system infrastructure to serve the development contemplated by the Annexation Agreement and to convey such infrastructure to the Town; and WHEREAS, Cornerstone has constructed a raw water main, augmentation water line, and a potable water main beneath and adjacent to U,S, Highway 40 (the "the Highway 40/Stagecoach Road Infrastructure" or "Infrastructure"), and has proposed that the Town accept such Infrastructure pursuant to the provisions of the Annexation Agreement and the requirements of the Fraser Subdivision Regulations, and in particular, those regulations contained in Chapter 17, Article 6 of the Fraser Municipal Code relating to the acceptance of required improvements; and WHEREAS, Cornerstone has provided the submitted the following documentation in support of its application for acceptance of such Infrastructure: a) Indemnification Agreement, executed by Cornerstone and providing for indemnification of the Town with respect to potential claims of a contractor who worked on the Infrastructure; b) Utility Easement Agreement, executed by Rendezvous Colorado LLC, granting an easement upon property traversed by a portion of the Infrastructure; c) Utility Easement Agreement, executed by Grand Park Development LLC, granting an easement upon property traversed by a portion of the Infrastructure; and WHEREAS, Town staff has reviewed such application, has inspected the Infrastructure, and has certified to the Board of Trustees that such Infrastructure meets the requirements for final acceptance by the Town, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, THAT: (I) The Board of Trustees hereby approves and accepts said Indemnification Agreement and Utility Easement Agreements submitted by Cornerstone and authorizes the appropriate officials of the Town to execute the same. (2) The Board of Trustees hereby authorizes final acceptance of said Infrastructure pursuant to the Annexation Agreement and the Fraser Subdivision Regulations. DULY MOVED, SECONDED, AND ADOPTED THIS 21st DAY OF MAY, 2008, BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: ~CU\ Ut9A Fran Cook, Mayor ,. ,',/' ( '"""'''1 , ".f __, "~ '.., - 2 -