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
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