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Home My WebLink AboutC04-251 The State Board of the Great Outdoors Colorado Trust Fund~~y•~~/•y'y GRANT AGREEMENT PROJECT: Project Title: Freedom Skate Park Contract Number: 04434 Completion Date: June 16, 2006 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund Address: 1b00 Broadway, Suite 1650 Denver, CO 80202 Telephone: (303) 863-7522 Facsimile: (303) 863-7517 Grantee: Eagle County Address: 500 Broadway P.O. Box 850 Eagle, CO 81631 Contact Name: Rich Cunningham Contact Title: Director of Facilities Management Tel: (970) 328-8880 Fax: (970) 328-8899 Date: July 8, 2004 RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund (referred to herein as "GOCO" or the "Board") is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November, 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the State's parks, wildlife, open space and recreational resources. B. In 1994, the Board created a statewide grant program, pursuant to which eligible entities could apply for grants for Local Government parks and outdoor recreation projects to which Grantee responded with a detailed application (the "Project Application"). Project 04059 7/8/2004 C. Grantee submitted a Project Application to the Board which contemplates the execution of the project entitled and described above (the "Project"), a copy of which is incorporated by reference and attached as Appendix A. D. The Board approved Grantee's Project Application on June 16, 2004, subject to the execution of a detailed grant agreement, and subject to the terms and conditions set forth herein. E. Grantee shall obtain the matching cash and in-kind contributions for the Project as described in the Project Application and as required by GOCO policy. F. The parties intend this agreement to be the detailed grant agreement required by the Board (the "Agreement"). AGREEMENT NOW, THEREFORE, in consideration of the premises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into the terms of this Agreement. 2. Grant and Proiect. Subject to the terms and conditions set forth in this Agreement, the Board hereby awards to Grantee the sum not to exceed $200,000.00 (the "Grant"). The Grant shall be used by Grantee solely to complete the Project, as approved by the Board. Grantee hereby agrees to use its best efforts to complete the Project. 3. Proiect Scope. The Project will not be materially modified by Grantee without the written approval of the Executive Director of the GOCO ("Executive Director"). Any material change to the Project, which is not so approved in writing, may result in a withdrawal of the Board's funding award and a termination of the Grant. 4. Information to be Provided Prior to Execution of This A reement. NO FUNDS WILL BE DISBURSED BY THE BOARD UNLESS AND UNTIL THE GRANTEE FURNISHES THE BOARD WITH THE INFORMATION REQUIRED BY THIS AGREEMENT. Prior to execution of this Agreement, Grantee will submit the following information to the Board's staff a. Documentation to support that the property is under control of Grantee for at least 25 years (which will be attached to the Agreement as Appendix B). If the property is not under control of Grantee, an Intergovernmental Agreement (the "IGA") between Grantee and the property owner must be in place (which will be attached to the Agreement as Appendix B) and references to Grantee in this Agreement are subject to the terms and conditions outlined in the executed IGA Project 04059 7/8/2004 b. A Resolution adopted by the governing body of the Grantee authorizing the execution of this agreement and approving its terms and conditions (which will be attached to the Agreement as Appendix C); c. A detailed Project Budget (the "Budget") and Project Timeline (the "Timeline") for this Project (which will be attached to the Agreement as Appendix D and Appendix E respectively). Grantee hereby agrees to promptly submit all material revisions to their Budget and Timeline. As provided further below, the Board reserves the right at any stage of the Project to withhold funding if (i) modifications to the Project are so substantial as to make it, in the Board's reasonable judgment, substantially different in quality or kind from that approved by the Board, or (ii) there have been delays in the implementation of the Project which, in the Board's reasonable judgment, make the Project impracticable; d. Written evidence that all permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained; and e. Plans for the erection of signs and placards for the Project, as provided in Section 11(d) below. 5. Information to be Provided Prior to Disbursement of Funds. Prior to the payment by the Board at the mid-completion and/or completion of the Project, the Grantee must provide the Board: a. Written assurance the Project has been completed according to the Budget and Timeline, along with Progress Payment and/or Final Report Project Expenditure Documentation detailed in Appendix F (the "Project Expenditure Documentation"), and reports as noted above to support this claim; b. Written assurance that matching funding has been received as outlined in the Budget (Appendix D) (or the status of efforts to secure matching funding has been disclosed to Board staff and it has been found to be satisfactory); and c. Written assurance that the representations made to the Board in the Project Application continue to be true (or, if there have been any material changes, the Board has been advised of such changes and has assented to them). 6. Conditions for Disbursement of Funds. The Board will release funding subject to the following conditions: Project 04059 7/8/2004 a. Funding may only be used for fixed assets, including land acquisition, construction of new facilities, and enlargement or renovation of existing facilities. Funding may not be used to pay for maintenance costs, design costs, administrative costs (such as salaries associated with administering the grant, office supplies, telephone, or travel expenses), non-fixed assets (such as athletic equipment), or any other costs deemed to be ineligible by the Board. However, up to 50% of the total design, engineering and/or architectural costs maybe used as match. b. Disbursement(s) shall be made on the basis of costs incurred. A reduction in total project cost or grantee's matching funding may cause a proportional reduction in the grant award. c. No material modifications or delays have been made or experienced (or the Board has been advised of the modifications or delays and has elected to continue to participate in the funding of the Project). d. Fifty percent of the grant award or $100,000.00 will be paid at the mid- completion point, upon submission, review and GOCO approval of the appropriate progress payment request materials. The remaining grant balance will be paid upon completion of the Project, and submission and approval of the Project Expenditure Documentation and the information required by section 4 (Information to be provided prior to Execution of This Agreement) and 5 (Information to be provided prior to Disbursement of Funds). e. Grantee shall submit a written request for reimbursement as outlined in the Project Expenditure Documentation prior to the mid-completion and/or completion date. Projects are considered having reached the mid-completion when 50% of the total project funds have been expended and/or at the mid-completion point on the approved timeline provided to GOCO by the grantee. Projects are considered 100% complete when all anticipated land has been acquired, facilities or trails built. Failure to submit the request for reimbursement within the specified time period may result in reduction or loss of grant dollars even if there are undisbursed amounts remaining in the grant. 7. Waiver. The Executive Director may waive one or more of the obligations in sections 4, 5 and 6 of the Agreement, or may require performance of one or more of these obligations subsequent to disbursement. 8. Payment of Grant. Subject to the provisions of Section 17 of this Agreement and upon satisfaction of all the conditions set forth in Sections 4, 5 and 6 hereof, the Board shall disburse the funds for the Grant as follows: Progress Payment $100, 000.00 during the quarter from October to December of 2004. Final Payment $lOD, 000.00 during the quarter from April to June of 2005. This reimbursement schedule is a reflection of the scenario chosen by the grantee. 9. Project Oueration and Maintenance. Grantee agrees: Project 04059 7/8/2004 a. The Grantee will operate and maintain the Project in a reasonable state of repair for the purposes specified in the Project Application for at least 25 years, in accordance with generally accepted standards in the parks/recreation/wildlife community. The parties understand and agree that the Board shall not be liable for any cost of such maintenance, management or operation. b. Grantee will, upon request, provide the Board with the operating and maintenance costs of the Project, and give the Board appropriate information concerning the use of the Project by the public and the impact of the Project. 10. Public Access. Grantee agrees, for itself and its successors in interest, to allow reasonable access to the members of the public to the Project. 11. Compliance with Regulatory Requirements and Federal and State Mandates. The Grantee hereby assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination, worker safety, local labor preferences, preferred vendor programs, equal employment opportunity, use of competitive bidding, and other similar requirements. To the extent permitted by law, the Grantee will indemnify the Board from any liability for any failure to comply with any such applicable requirements. 12. Nondiscrimination. During the performance of this agreement, the Grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. 13. Publicity and Project Information. Grantee agrees: a. Grantee shall acknowledge Board funding in all publicity issued by it concerning the Project; b. Grantee shall cooperate with the Board in preparing public information pieces; c. Grantee shall give the Board the right and opportunity to use information gained from the Project; d. Grantee shall erect a sign at a visible location on the Project site acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. Such signs can be obtained through Great Outdoors Colorado, or the Board will provide reproducible samples of its logo to the Grantee for custom signs. If a custom sign is desired, plans describing the number, design, placement, and wording of signs and placards shall be submitted to the Board for review and approval prior to completion of the Project. Final payment maybe withheld by the Board pending placement of signage in the manner approved by the Board; Project 04059 7/8/2004 e. Grantee shall give the Board 30-day notice of and opportunity to participate in Project dedications; f. Grantee shall give timely notice of the Project, its inauguration, significance, and completion to the local members of the Colorado General Assembly, members of the board of county commissioners of the county or counties in which the Project is located, as well as to other appropriate public officials; and g. Grantee shall provide quality photographs or slides of the project upon completion if requested by Great Outdoors Colorado. 14. Liabili a. Grantee shall be responsible for, indemnify, defend and hold harmless the Board, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs (including reasonable attorneys' fees) resulting from, growing out of, or in any way connected with or incident to Grantee's performance of this Agreement. Grantee hereby waives any and all rights to any type of express or implied indemnity or right of contribution from the State of Colorado, the Board, its members, officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. b. Anything else in this Agreement to the contrazy notwithstanding, no term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protection provided to the Board under the Colorado Governmental Immunity Act ("CGIA") as amended or as may be amended in the future (including, without limitation, any amendments to such statute, or under any similaz statute which is subsequently enacted). This provision may apply to the Grantee if the Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq. The Boazd and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the Board, its members, officials, agents and employees maybe controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of the Board, its members, officers, agents and employees. 15. Audits and Accounting. Grantee shall maintain standard financial accounts, documents, and records relating to the use, management, and operation of the Project. The accounts, documents, and records related to the Project shall be retained by the Grantee for five (5) yeazs following the date of disbursement of funds under this Agreement. The Board, or its designated agent, shall have the right, upon reasonable notice to the Grantee, to audit the books and records of Grantee which pertain to the Project and to the use and disposition of Board funds. The Grantee may use any accounting system which follows the guidelines of "Generally Accepted Accounting Practices" published by the American Institute of Certified Public Accountants. 16. Inspection. Throughout the term of this Agreement, the Board shall have the right to inspect the Project azea to ascertain compliance with this Agreement. Project 04059 7/8/2004 17. Withdrawal of Board Funding; Termination of Agreement. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Board may withdraw funding for the Project and/or terminate this Agreement if the Board determines in its discretion that (A) facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Grant as contemplated infeasible or impractical; (B) there have been any material changes in the scope or nature of the Project from that which was presented in the Project Application (and such material change(s) has not received the prior written approval of the Executive Director), or any statement or representation made by the Grantee in the Project Application or this is untrue, inaccurate or incomplete in any material respect, or (C) the results of GOCO's Project Expenditure Documentation review are not acceptable to GOCO; or (D) sufficient net lottery proceeds are not available to fund the Project. 18. Grantee's Inability to Complete Proiect. If the Grantee determines with reasonable probability that the Project will not or can not be completed as reflected in the Project Application, the Grantee will promptly so advise the Board, and cooperate in good faith with respect to alternative solutions to the problem before any further funds are advanced. 19. Completion Date. Grantee shall complete the project no later than June 16, 2006, which is two calendar years after the date of the Board's approval of the Project (the "Completion Date"). Grantee may request an extension of the Completion Date in compliance with GOCO's Overdue Grant Policy, a copy of which is attached as Appendix G ("Overdue Grant Policy"). In addition to other rights set forth in this Agreement, the Board may elect to terminate this Agreement and deauthorize the Project in the event this Completion Date is not met or an extension is not sought and/or granted as provided by the Overdue Grant Policy. 20. Breach. In the event that the Grantee breaches any of the terms or conditions of this Agreement, the Board shall have the following remedies: a. Prior to pavment of grant. The Board reserves the right to withdraw funding and/or terminate this Agreement. b. ter pavment of grant. The Board reserves the right to deem Grantee ineligible for participation in future Board grants, loans or projects, if Grantee defaults in its obligations hereunder. In addition to the foregoing, the Board shall be entitled to pursue any other remedy available at law or in equity. 22. Good Faith. There is an obligation of good faith on the part of both parties, including the obligation to make timely communication of information which may reasonably be believed to be of interest to the other party. 23. Assignment. Grantee may not assign its rights under this Agreement without the consent of the Board. Project 04059 7!8/2004 24. Applicable Law. Colorado law applies to the interpretation and enforcement of this Agreement. 25. Independent Contractor. Grantee is an independent contractor acting in its separate capacity and not as an officer, employee or agent of the Board. 26. Severability. If any provision of the Grant Agreement, or the application thereof is found to be invalid, the remainder of the provisions of this Grant Agreement, or the application of such provision other than those as to which it is found to be invalid, shall remain in full force and effect. 27. Time is of the Essence. Time is of the essence in this Agreement. 28. Survival. The terms and provision of this Agreement shall survive the funding of the grant and the acquisition of the real property interest by Grantee. Subsequent to the funding of the grant, Grantee shall have a number of ongoing obligations. 29. Fax and Counterparts. This Agreement maybe executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one Agreement. In addition, the parties agree to recognize signatures of this Agreement transmitted by telecopy as if they were original signatures. 30. Third Party Beneficiary. The Board and Grantee hereby acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between the Board and Grantee, and that no third party beneficiaries are intended. 31. Construction. Each party hereto has reviewed and revised (or requested revisions of) this Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. 32. Entire Agreement. Except as expressly provided herein, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless made as an amendment to this contract, approved by the Board, and signed by the parties in this Agreement. IN WITNESS WHEREOF, the parties by signature below of their authorized representatives execute this Agreement effective as of the 3 day of I~-V 6 ~ ST 2004. STATE BOARD OF THE GREAT GRANTEE: OUTDOORS COLORADO TRUST FUND Eagle County ,, By: BY~ oh~l Swartout ~ Name: j ~~, P . S 7`v N ~P cutive Director Title: C6.,-~ ~r ~„ ,~-..~ Project 04059 7/8/2004 APPENDIX A PROJECT APPLICATION Project 04059 7/8/2004 EAGLE COUNTY BERRY CREEK/MILLER RANCH FREEDOM SKATE PARK GRANT APPLICATION SUBMITTED TO: GREAT OUTDOORS COLORADO TRUST FUND SUBMITTED BY: EAGLE COUNTY P.O. BOX 850 EAGLE, COLORADO 81631 MARCH i, 2004 OFFICE OFTHE BOARD OF COMMISSIONERS (970)328-8605 FAX: (970) 328-8629 TDD (970) 328-8797 Email: Eagleadmin@eagle-countyus www.eagle-countyus March 1, 2004 f}~GL~ COUNTY State Board of the Great Outdoors Colorado Trust Fund 1600 Broadway ,Suite 650 Denver, CO 80202 Dear GOCO Board Members: MICHAEL L. GALLAGFiER TOM C. STONE ARN M. MENCONI Eagle County is proud to submit this GOCO grant application to the State Board of the Great Outdoors Colorado Trust Fund for the construction of a skate park on a county owned parcel in the Edwards area of Eagle County known as the Berry Creek 5th Filing. The submission of this grant application follows an extensive planning effort involving hundreds of our citizens in creating the vision for the development. We believe that this project is a win-win endeavor for the entire Edwards area. The recreational facilities planned have regional significance and will be a crown jewel in Eagle County. If you have any questions concerning this grant application, please direct them to Richard Cunningham, Director of Facilities Management, at (970) 328-8880. Sincerely, EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS a'm C. Stone Chairman Cc: Jack Ingstad Keith Montag Richard Cunningham Michael Cirkovic Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 8163 I -0850 i. _~ , _ ,~.~ ..'~- =~;. ~~'~~ terry Cr_~!:!~,~ I!~; P..anch ~ ~,~~-`~~ket~~hl~reiimirtary P~a~i ",~ ~~ ; ;. ~:~ -- -;~~ ~/-- ~.~. , • , . -_ _ ~ . ,a. ' Tre0t A -~.. ~ ~~~~~` _ Di~tnctfCninty ..`', \ v ~~ 16.0 AC`es . ,',s Altetra}~~e Use tea:' ~ . `\ _ / / ,`\ ~/ ,, •. ,, -. ~7_ ~ s ;' ,~ ~" ~~~~ A ti C D E F (~ H I ',..` ,J ~ VJ NND ~J5E SUMPAAnY 'rac( Acres LanC' Use r. ,~ ~ ~,,,.,. „ Ownership 16.0 41.5 35.8 31.5 16-7 10 1 3.6 6.0 175 32 7 11 3 222 7 Alternative Use School Disinct/Eagle County School Facility School D~stnct Recreation Eagie County Housing Eagle County School Facility School District School Facility School Distract School Facility School District School Facility School Distract Open Space Eagie County Open Space Eagie County Right of Way Eagle County ~;,.~-° APPLICATION CHECKI ~T Please check the items below to ensure that all required narratives and attachments have been included in your application submittal prior to mailing. Checklist should be signed by the project contact and submitted to GOCO. IMPORTANT: Please sign the following certification and SUBMIT this checklist to GOCO. Please be sure to check each box below, indicating that the required information has been included in the application package. "All of the below requested information is included with the project application. " Project Title: Freed Skate Park Signature: ~ ~ o Printed Name: Richard J. Cunnin ham Contact's Title: Director of Facilities Mana ement Today's Date: March 1, 2004 / Signed Application Checklist / Signed Summary Form / Required Attachments to Eligibility Criteria: / Budget and In-kind Forms / Timeline Form / Letter including 1) support for project, 2) maintenance capability, 3) status of property and, if necessary, 4) ability to complete the project. / Completed Environmental Checklist / Response to Selection Criteria Questions (narrative descriptions on your own paper) / Required Attachments to Selection Criteria: / Site Plan / Community Map / Local or Regional Map Spring 2004 Great Outdoors Colorado Local Park and Dutdoor Recreation Grant Application Page 1 LOCH' ~ GOVERNMENT SUMM :Y FORM PARTICIPANT INFORMATION 1. Applicant: 7. Primary Partner (if any): Eagle County I Western Eagle County Metro Recreation District Z. Applicant Address: 8. Partner Address: P.O. Box 850, physical 500 Broadway P.O. Box 246, physical 113 East 4`h Street Eagle, CO 81630 Eagle, CO 81631 3. Applicant Contact Name: 9. Partner Contact Name: Steve Russell Primary Contact? ^ YES Primary Contact? ^ NO Title: Director of Facilities Management Title: Director Telephone #: 970-328-8880 Telephone #: 970-328-6909 Fax #: 970-328-8899 Fax #: E-mail: rich.cunningham@eaglecounty.us E-mail: steve@wecmrd.org Attended Technical Assistance Workshop? Attended Technical Assistance Workshop? ^ YES ^ NO LocationlDate: d YES ^ NO Location/Date: Loveland Feb. 4. U.S. Congressional District: 3 10. Colorado Senate District #: 8 5. DOLA Region: Northern Mountains 11. Colorado House District #: 56 6. County: 12. City: (If applicable) Eagle Unincorporated Eagle County, Edwards area PROJECT INFORMATION 13. Project Title: Freedom Skate Park I4. Grant Request: $ 200,000.00 Total Project Cost: 957 630 15. Brief Description of Project (In 250 words or less, describe the components of the proposed project): 20,000 sf concrete skate park; tot play area; youth play area; shade shelter and landscaping. Project is located at Freedom Park, Berry Creek Recreation site, Edwards, Colorado. Eagle County is funding and completing the playground portion of the total project. 16. Will Conservation Trust Fund dollars be used in this project? No If yes, how much? $ N/A ~, 17. Authorized Signature: ~ Date: t~ ~rl ~ ~~ ~~i.rf (Fro av •can rQanizatr.'nn) ~ - / Printed Name and Title: Richard J. Cunningham Director of Facilities Management Spring 2004 Great Outdoors Colorado Local Park ur:d Outdoor Recreation Grarit .4pplrcutr°n Page ~ (return to GOCO) i I I BUDGET FORM (Please contact GOCO for an electronic copy of this form) Sources of Funds: List all sources of funds for the proposed project including grant request from GOCO. List each funding source separately, and list cash contributions separately from in-kind contributions. Each in-kind contribution should be described in detail on the In-Kind Form (page S). Up to 10% of the total project cost maybe identified for contingency, but GOCO funds may not be used. All administrative costs are ineligible. SOtiRCE OF FLiNDS DATE SECURED GOCO GRANT REQUEST APPLICANT MATCH PARTNER MATCH TOTAL CASH Eagle County 2/2004 200,000 219,630 419,630 WECMRD 5/2003 150,000 150,000 BCMD 150,000 150,000 EAMD 2/2004 173,000 173,000 Arrowhead Metro 2/2004 15,000 15,000 IN-KIND (Itemize) Gaylord Landscaping and B&B Excavating (also concrete) pledged materials contribution 50,000 50,000 TOTAL SOURCE OF FUNDS 200,000 219,6 30 538,000 957,630 USE OF FUNDS DATE TO BE SPENT GOCO FUNDS APPLICANT FUNDS PARTNER FUNDS TOTAL D i es gn 6-16-04 To 8-15-04 30,000 30,000 C t i ons ruct on 8-15-04 TO 4-15-05 200,000 189,630 538,000 927,630 TOTAL USE O F FUNDS 200,000 219,630 538,000 957,630 Spring ?004 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application Page 7 COLORADO MO~-UN1 \~ COLL ~ u. ° ~~~0 ~t tasr ~a ~ .% ~% ' / `" / /i S ~ ~~ ~_ __ POND 8 PARK // DEVELOPMENT v BY: EAGLE COUNTY F10USING SITE 'N dos 7'Y .' FREEDOM EDWARDS, 1 h e EDWARDS SKATEPARK archi - '~ ~~ CONCEPTUAL PLAN ~ ~ ~ p ~°' ~°' `°' March 1, 2004 b v b a~ z w .~ w ~~' N ~ ww N ~ ~ N ~ W~ N f-r e°',o .~ iii U as 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 00000 00 ~n~n 0 0 0 0 0 o c c o o c ~~ O O O O O O~ O O O O M o0 O V1 O O O~[ O O O O [~ ~ O ~ vl O O r+ ~n O vi vi vi O ~n N 69 69 N .-~ M ~--~ N~ N •-+ ~--~ N 69 5R b4 69 64 69 b4 69 69 69 N 69 0 0 O O O O O O O O O O O O O O O O O O O O O 0 0 0 O O 0 0 O O O C O O O O O O O O O O O O O O O O O O O O M M O O O O O O O O ~O O O O O ~D ~ O ~ O O ~ O~ O O H ~ r ~ ~ ~ 69 b9 ~ b4 69 69 b9 b9 69 6 4 ~ O O O O O O O O O O O O O O O O O O O O Vl O O O O O V'1 0 0 0 0 0 0 0 M 69 69 69 69 69 N 69 69 69 d4 b4 69 64 ~? 69 69 69 b9 O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 t~ O V1 V7 0 0 0 0 0 0 0 O O O O h O O .--~ X 0 0 0 0 V'~ O O N vy .~ ~+ .~ .--i .--~ M M N ~--~ M l~ N N N H a h 0 F d a F U c~ Q+ c~ o ~ ~ U ~ U Q ~ ~ -o ~ ~ a. ~ ~ ~ ~~ .o b .~ o v~ ~ ~ ~ ~ '~ ° ~b r, ~ o ~° a a ° ~~ ~ °~°O~~~o~~~ wbbbo~~a~~ b ~ ~ ~ ~ cd y ~ C .o ~ ~ ~o b ~~ ~:~ ~ ~ ~ °~~ ~~ °~o 0 a~ c ~ ' ~ on ao ao ~~~ ~~~~ h ~ w on p. a.b o ~ •~ o b '~ '~ ~~ 3 u, °~ ao ~ ~ o • ~ :~ eo a o .~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ x as ~ ~ ~ ~ ~ a~ a~i aQi Y y ~ ; ~ ~ ~~ ~ ~ ~ ~~ U 0 o ~ ~a U 4 s~ ~O U V] °o °o °o o° °o °o °o o c o 0 0 0 0 O O O O O O M O O O N O O .-~ O O M C~ O O l~ ~n ~n l~ ~+ ~n O ~' ^+ ~-+ ~--~ 69 fA N N b9 69 69 69 fig U F" U U a A~~ F ~ ~ O E+ A ~~~~~ OF ~ x ~ Q ~~~ O ~~~W~ ~~ U C7 O ~ aC7w 0 0 0 b 0~0 O'~ ff! 0 a Q O IN-KIND FORM (Pleas contact GOCO for an electronic copy o~ this form) In-Kind Services: List detailed information about all in-kind contributions and donations to the project. In-kind contributions and donations include but are not limited to land, professional services, materials and equipment. Estimated values of land should be derived from appraisals. Estimated values of services, materials and equipment maybe derived from pay scales, standard prices, standard rental rates, etc. Applicants maybe asked to provide additional information to support the valuation listed. Documentation from in-kind providers stating the value/cost of their service/equipment/materials through letters, invoices, etc is recommended. All information on this form should support listed in-kind contributions and donations on the project Budget Form (page 7). LAND ACRES VALUE PER ACRE TOTAL PROFESSIONAL SERVICES HOURS HOURLY WAGE TOTAL MATERIALS UNITS UNIT COST TOTAL Concrete- B&B Excavatin Landscaping- Gaylord Landsca ing EQUIPMENT HOURS RATE PER HOUR TOTAL Excavation- B&B Excavating TOTAL VALUE OF IN-KIND $50,000 Use the above form for all in-kind contributions and donations. Note: volunteer hours and services are not to be included as in-kind match. Please list such services in the "Non-Cash Support" section of the Selection Criteria (page Il). Sprtng 2004 Great Outdoors ('olorado Local Park and Outdoor Recreation Grant App6catron Page 8 (return to LOCO) Red Canyon High School Landscaping Class Involvement Youth Conservation Corps/Career Path Program Tom Gladitsch, School to Career Coordinator for the Red Canyon Alternative High School, contacted WECMRD to convey his interest in the skate park, play area project. The Red Canyon Alternative High School serves at-risk students, those who would typically drop out of the traditional high school program. Tom indicated that students from the school would be assigned to work with contractors in the landscaping phase of the project. No estimate of the value of the in-kind service can be determined at this point, however the impact of the real world real work experience for these young men and women will be significant. Even better, these young adults will be users of the new facility and their ownership in the project will provide long-term benefits for the community at Large. Mr. Gladitsch will coordinate the project with the Eagle County Youth Conservation Corp representative. Eagle County and its municipal partners are very excited about this new and unexpected opportunity to provide a new opportunity for its younger citizens. TIMELINE FORM (Please contact GOCO for an electronic copy of this form) Project Timeline: List all project milestones and their anticipated work period. There will be an opportunity to update the project timeline after grant notification and before executing a grant agreement, and GOCO administration of the project will be based on this timeline. Any proposed changes, including extension and early completion, must be requested in writing and approved in advance by GOCO. Note: Applicant and/or grantee assumes all financial risk if work on the proposed project begins be ore grant notification. Therefore, the timeline must start after notification date. Also note, while all projects are allowed 24 months for completion, the applicant will be held to the completion date indicated in the timeline. Spring 2004 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application Page 9 OFFICE OFTHE BOARD OF COMMISSIONERS (970)328-8605 FAX: (970)328-8629 TDD (970) 328-8797 Email: Eagleadmin@eagle-countyus www.eagle-county.us March 1, 2004 f~GL~ COUNTY State Board of the Great Outdoors Colorado Tnist Fund 1600 Broadway ,Suite 650 Denver, CO 80202 Dear GOCO Board Members: MICHAEL L. GALLAGHER TOM C. STONE ARN M. MENCONI The Eagle County Board of County Commissioners enthusiastically supports the application being submitted for design and construction of a skate park on a county owned parcel in the Edwards area of Eagle County known as the Berry Creek 5`" Filing. We believe that this project will be a tremendous asset to the entire Eagle River Valley and will provide badly needed amenities available to its residents for an under served population. We have approximately 9,000 residents in the Edwards area alone and we expect 1000 to 2000 youth will use the facility upon construction. Western Eagle County Metropolitan Recreation District (WECMRD) will assume operation and maintenance of the site under lease from Eagle County and has appropriated funds to do so. Since the County purchased Berry Creek 5`" in 2000, the County has funded, planned, designed and constructed the following projects: Miller Ranch Road, Cemetery bridge, Phase I soccer fields of $1.6 million, Phase II multi-purpose fields of $600,000, pond area site. It is extremely important that a community asset, such as the skate park and playground, be developed quickly so that the quality of life for our citizens is improved for our current residents and future generations. We strongly urge you to consider and approve this application. Sincerely, EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS ~V ~~_ Tom C. Stone Chairman 5~f Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 8 1 63 1-0850 Commissioner Commissioner ~/~ ' filed for record the day of ,A.O. T9~, et o'clock M. RECORDER Reception No. By DEPUTY. ' WAItRAN1R DEED ` , , THIS DEED, Made on this day of November 03 1999 - /D,/~a // batwesn EAGLE COUNTY AECREAT(O A HORI , A QUASI-MUNI AL CORPORATION ' 7 ~ LDU. of the County of EAGLE and State of Colorado of the Grantor(s), and d BAtiLE C0 , CO RADO t whose legal address is p.O.BOX850 EAGLE C081631 of the County of EA and State of Colorado of the Grantee(s): ' WITNESS, That the Grantor(s), for and in eor»ideration of the sum of ( 51,038,734.76 ) ~~+ 11vo Million Thrty Eight Thousand Seven Hundred Thirty Pour and 76/100 *~'- DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold end conveyed, and by these presents does grant, bargain, sell, corrvey end confirm unto the Grantee(s), his heirs end assigns forever, all the ' real property, together with improvements, if arty, situate, tying end being in the County of EAGLE and state of Colorado, described ss follows: SEE EXHIBIT A' ATTACHED HERETO AND MADE A PART HBREOP also known as street number PROPERTY COMMONLY KNOWN AS HERBY CREBTS RANCH. FILING NO. S, EDWARDS, CO 81632 ' TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in arrywise appertaining end the reversion and reversions, remainder end remainders, rents, issues and profits thereof; and all the estate, right tills interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in aM to the shove bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained end described with appurtenances, unto the Grantee(s), his heirs end assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, ' bargain, and agree to and with the Grantee(s), his heirs end assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises shove corneyed, has good, sure, perfect, absolute and indeteasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell end eomey the same in awwexr and form as aforesaid, end that the same are free and clear from ell former and other grants, bargains, sales, liens, taxes, a:sessaxents, encumbrances and restrietiona of whatever kitd or nature soever, ' EXCEPT GENERAL TAXES AND ASSESSMENTS POR THE YEAR 1999 AND SUBSEQUBNT YEARS ,AND SUBIBCT TO THOSE EXCEPTIONS REFERRED TO IN 7177.E INSURANCH COMMTTMEN7 NO. VC2ti7508 ISS(IED BY LAND TTTLg OUARANTBE COMPANY. g~ ~ E~iIEIT B E'OR ABOVE EXCEPTEIOIVS. the Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular nunber shall include the plural, and the plural the singular, end the use of any geMer shalt be applicable to all genders. IN WITNESS WEEREOF the Grantor(s) has executed this deed on the date set forth above. EAGLE COUNTY CREATION AUTHORITY. A QUASI-MUNICIPAL CORPORATION EY RICHARD D. ACCUTC O , CHAIRMA STATE Oi by the Colorado ) )ss. _ County of EAGLE ) ~~ J. MICHAEL MOSS .~ NQTARY PUBLiC STATE OF COLORADO i I"III'IIII "II'II'I"I III'I"' IIII"I III "I'I III I"I 713869 11/0S/1998 12:23P 432 Sara Fisher 1 of B R 30.00 D 0.00 N 0.00 Ealfls CO Ong instrument was acknowledged before me on this day of November 03 Ny comoission exp+res II~i3I55 Witness my hand and offi ial seal. Name and Address of Person Creating Newly Crea Escrowi) V267508 Title# VC267508 Form No_ 932 Rev 4-94. WARRANTY DEED (For Phot egai uescrlptrOrl"C-St3-SS-106.5, C.R.S.) When Recorded Return to: EAGLE COUNTY. COLORADO is Record) V _. •.r•-_.-i C ' EXHIBIT A ' PARCEL A: A PARCEL 08 LAND LOCATED IN THS NEST 1/Z OH SECTION ! AND THS NORTHEAST 1/4 OB SECTION 5, TONNSHIP 5 SOUTH, RANGE 82 N88T OF THS 6TH PRINCIPAL.MSRIDIAN, ' COUNTY OF SAGLS, STATE OF COLORADO, MGRS PARTICULARLY DSSCRI88D AS FOLLONB: BSGINltING AT A POINT ON THS NORTHERLY RIGHT OP NAY POR DENVER RIO GRANDE NSSTSRN RAILROAD PROM NHICH THS BAST 1/4 CORNER, OF SAID SECTION 4 BEARS, NORTH 02 DSGR88S 04 MINUTES Z3 SECONDS EAST, 110.20 PSET; THENCE NORTH 02 ' DSGRS83 04 MINUTES 23 SECONDS EAST ALONG THS DENVER AND RIO GRANDE iPS3TSRN RAILROAD RIGHT OF NAY 130.18 FSST; THENCE CONTINUING ALONG THS SAID RIGHT OP NAY NORTH 14 DBGRESS 45 MINUTES 09 SECONDS NEST, 299.69 PEST TO A POINT ON THB EASTERLY SIDS OP THB 3TAT8 HIGHNAY 170-G (SDNARDS SPUR ROAD) ACCESS ROAD RIGHT ' OF NAY; THENCE CONTINUING ALONG TH8 ACCESS ROAD RIGHT 08 NAY NORTH 76 DSGRSSS 17 MINUTES 51 MINUTES BAST, 16.50 FSST; CONTINUING ALONG SAID RIGHT OF NAY NORTH 74 DSGRSSS 06 MINUTES ZO SHCONDS EAST, aao.s7 FSST; CONTINUING ALONG SAID RIGHT OF NAY 141.69 FSST ALONG THS ARC OF A TANGENT CURVE TO THS LSPT ' HAVING A RADIUS OP 577.50 PEST A CENTRAL ANGLB OP 14 DSGRSSS 03 MINUTES Z7 SECONDS AND A CHORD NHICH SEARS NORTH 59 D8GRE8S 16 MINUTES 08 SECONDS EAST, 141.33 BEST; THSNCB DEPARTING PROM THS ACCESS ROAD RIGHT OF NAY SOUTH 59 DSGRS88 37 MINUTES Z2 SECONDS EAST, 400.00 BEET; T7D3NC8 NORTH 35 DSGRSSS 56 ' MINUTES 18 SECONDS EAST, 480.81 PESTt THENCE NORTH 69 DSGRSSS 42 MINUT83 10 SECONDS NEST, 265.47 FSETi TRENCH NORTH 86 DSGR888 06 MINUTES 10 SECONDS NEST, 148.20 FSST TO A POINT ON THS STATE HIGHNAY 170-G (SDNARDS SPUR ROAD) ACCESS ROAD RIGHT OP NAY; THENCE NORTH 26 DSGRSSS 06 MINUTES ZO SECONDS BAST, 27.00 PEST TO A POINT ON THS INTERSTATE HIGHNAY NO. 70 RIGBT OP NAY; THENCE SOUTH 86 ' DEGRSBS 06 MINUTES 10 SECONDS EAST, 141.60 PEST; THENCE CONTINUING ALONG SAID RIGHT OP NAY SOUTH 69 DEGRSBS 42 MINUTES 10 SBCONDB BAST, 550.20 FSST; THENCB CONTINUING ALONG THB Z-70 RIGHT OP NAY LINE SOUTH 57 DBGRBSS 34 MINUTES 40 SECONDS EAST, 318.59 PEST; THENCE DBPARTING FROMi T88 I-70 RIGHT OP NAY SOUTH ' 4Z DEGREES 37 MINUTBS 33 SECONDS NEST, 141.00 BEET; THENCE 80UTH 47 DSGRSSS 2Z MINUTES Z7 SECONDS EAST, 150.00 FSST; THBNCE NORTH 4Z DSGRBES 37 MINUTES 33 SECONDS BAST, 150.00 PEST TO A POINT ON THE I-70 RIGHT OH NAY; TRSNCS CONTINUING ALONG THB I-70 RIGHT OF NAY 128.41 FEET ALONG TH8 ARC OP A NON-TANGENT CURVB TO THS RIGHT HAVING A RADIUS OP 2126.80, A CENTRAL ANGLE OF 03 DSGRSSS 27 MINUTES 34 SECONDS AND A CHORD NHICH BEARS SOUTH 44 DEGRBSS 17 MINUTE8 5Z SBCONDS EAST, 128.39 FBST; CONTINUING ALONG SAID RIGHT OP NAY LINE SOUTH 40 DEGREB3 02 MINUTBS 40 SBCONDS EAST, 269.10 PEST; CONTINUING ALONG SAID RIGHT OF NAY SOUTH 3B DSGRSSS 49 MINUTES 10 SECONDS BAST, 296.10 FEBT; ' CONTINUING ALONG SAID RIGHT OF NAY SOUTH !3 DSGRBSS 14 MINUTES 40 SECONDS EAST, 366.70 PEST; CONTINUING ALONG SAID RIGHT OF NAY 540.51 BEET ALONG THS ARC OF A TANGENT CURVE TO TH8 LEFT HAVING A RADIUS OP 1787.p0 PEST A CENTRAL ANGLE OP 17 DSGRSSS 19 MINUTES 48 SECONDS AND A CBORD WHICH HEARS SOUTH 53 DSGRSSS 36 ' MINUTES 3Z SECONDS EAST, 538.45 FBST; THENCE DEPARTING BROM THE INTBRSTATB HIGHNAY NO. 70 RIGHT OF NAY AND CONTINUING ALONG THB BAST LINE OP THE SOUTHWEST 1/4 SECTION 4 SOUTH 02 DSGRSSS O1 MINUTES 51 SECONDS NEST, 1372.38 PEST TO A POINT ON THB NORTHERLY RIGHT OF NAY OF THE DENVER RIO GRANDE NSSTSRN RAILROAD; CONTINUING ALONG SAID RIGHT OF NAY 72.79 PBST ALONG THS ARC OF A NON-TANGENT ' CURVB TO THB LSPT HAVING A RADIUS OP 1810.00 FSST, A CENTRAL ANGLE OF 02 DEGREES 16 MINUTBS 15 SECONDS AND A CHORD NHICH HEARS NORTH 66 DSGRSSS 44 MINUTES 48 SECONDS NEST, 72.79 FSST, TSSNCS CONTINUING ALONG SAID RIGHT OF NAY NORTH 65 DSGRSSS 35 MINUTES 41 SECONDS NEST, 1553.35 FSST; CONTINUING ALONG ' SAID RIGHT OF NAY NORTH B9 DBGRESS 05 MINUTES 30 SECONDS NEST, 121.64 FSST; CONTINUING ALONG SAID RIGHT OF NAY 1671.11 FSST ALONG THS ARC OP A NON-TANGENT CURVE TO THS RIGHT HAVING A RADIUS OF 1860.00 PSBT A CENTRAL ANGLE OP 51 DEGREES 28 MINUTES 38 SECONDS AND A CHORD NHICH BEARS NORTH 37 DEGRBBS 33 ' MINUTES 09 SBCONDS WEST, 1615.47 FBST; CONTINUING ALONG SAID RIGHT OF WAY NORTH 11 DBGRESS 48 MINUTES 50 SECONDS WEST, 171.74 FEET; TO THS POINT OF BEGINNING. ' E%CSPTING THEREFROM THAT PORTION OP THE ABOVB DESCRIBED PROPERTY CONVEYED TO SDNARDS STATION, LLC, A DELAWARE LIMITED LIABILITY COMPANY, IN DSSD RECORDED DECEMBER 3, 1996, RECEPTION NO. 6718611. PARCEL B : I ("III "III 1111111 IIIII III IIIII 1111111 III IIIII IIII IIII ' vc2675o8 713859 11/0'3/1999 12:23P 432 Sar^ Ftshsr 2 of 6 R 30.00 D 0.00 N 0.00 Espl• CO C 18 EXHIBIT A ' A PARCEL OF LAND LOCATED IN TNS NORTHNSST QUARTER OF THS SOUTSNBST QUART$R OF SECTION 4, TONNSHIP 5 30UTH, RANGE 62 NEST OP TRB 6TH PRINCIPAL DDZRID7:AN, SAGLB COUNTY, COLORADO, HORS PARTICULARLY DESCRIBED AS POLLONB: ' BEGINNING AT A POINT ON THE NEST LINE OF SECTION ! FROM NHICH TSS SOUTSNSST CORNER OF TS8 NORTHNSST 1/4 OF SOUTHNEST 1/! OF 38CTION 4 HEARS SOUTH 02 DSGRSS3 03 MINUTES 56 SECONDS NEST, 25!.00 FBST= THENCE ALONG TH8 NEST LINE OP BSCTION ! NORTR 02 DEGREES 03 MINUTES 56 SECONDS BAST, 802.17 FEET TO A POINT ' ON THB SOUTSBRLY RIGHT OF NAY OF TH3b DENVER AND RIO GRANDE NSSTERN RAILROAD; THENCE DEPARTING FROM THS NEST LINE OF 58CTION 4 AND CONTINUING ALONG THE RAILROAD RIGRT OF NAY 1378.35 FHST ALONG TH8 ARC OF A CURDS TO THS LEFT HAVING A RADI[T3 OP 1960.00 FEET, A CENTRAL ANGLE OF 40 DEGR88S 17 MINUTES 3! SECONDS ' AND A CHORD NHICH BEARS BOUTS 37 DEGREES 38 MINUTES 39 38CONDS 8A3T, 1350.12 BEET TO A POINT ON THB SOUTH LINE OP THS NORTHN83T 1/! OP TH8 SOIITHNSST 1/! SECTION !; TSENCE DEPARTING HROM THS RAILROAD RIGHT 08 NAY AND CONTINUING ALONG THE SOUTH LINE OF THE NORTRNEST 1/! OF THE SOUTHNEST 1/! NORTH 89 ' DSGRE83 OS MINUTES 57 38CONDS 1PEST, 322.76 FEET TO TE8 CENTERLINE OF THE EAGLE RI:VSR; THENCE DEPARTING FROM THB SOUTH LINE 08 THB NORTHNBST 1/4 OF, THE SOUTHNRST 1/4 AND CONTINUING ALONG TH8 CENTERLINE OF THS EAGLE RIVER TH8 FOLLONING FOUR COURSESs ' 1) NORTH 10 DEGREES OS MINUTES 57 SECONDS NEST, 123.00 FSST 2) NORTH 61 DEGREES 50 NINVTBS 22 SECONDS NEST, 181.07 FEE? 3) NORTH B7 DEGREES 17 MINUT83 2B 38CONDS NEST, 209.11 HEST 4) NORTH 71 DEGREES 56 MINUTES 04 SECONDS NEST, 148.00 FEET TO TSS POINT OP BEGINNING. TNS AHOVS LEGAL DESCRIPTIONS ARS FROM ALPINE ENGINEERING, INC., JOH NO. 36067. ~ 1111111 Iilii 1111111 iilll III IIIII 111111111111111 Ili! Iili 713869 il/0S/1l99 12a23P 432 S~~a Flsh~r 3 of B R 30.00 D 0.00 N 0.00 E~9!• CO L~ VC267508 ' ~ ~ Ii1BIT B ~ ~ , ' DISTRICT W INSTRUMENT RECORDED May 30, 1980, IN BOOK 303 AT PAGE 428. ' RIGHT OP WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, W C. 1N INSTRUMENT RBCORDED July 18, 1980, IN BOOK 305 AT PAGB 581. ' RIGHT OP WAY EASEMENT AS GRANTED TO EAGLE VALLEY SANITATION DISTRICT IN IIVSTRUMENT RECORDED Novcmbec 12, 1980, W BOOK 312 AT PAGE 727. ' RIGHT OF WAY EASEMENT A5 GRANTED TO BERRY CREEK METROPOLITAN DISTRICT IN INSTRUMBNT RECORDED December 31, 1980, OY BOOK 313 AT PAGB 620. ' RIGHT OF WAY EASEMENT AS GRANTED TO BERRY CREEK MBTROPOLITAN DISTRICT IN INSTRUMENT RECORDED December 3l, 1980, IN BOOK 315 AT PAGE 627. ~ RIGHT OF WAY EASEMENT AS GRANTED TO EAGLE VALLEY TELEPHONB COMPANY IN ~'~ WSTRUMENT RECORDED Juno 22, 1982, IN BOOK 341 AT PAGE 961. ~ ~ o ~-.ca _~ ~ H ' PEDESTRIAN ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT AS ~ o GRANTED TO HBR[TAGB FINANCIAL CORPORATION IN INSTRUMENT RBCORD® t =N o February 22, 1983, W HOOK 353 AT PAGE 820. o ~ ' ~~_ EMERGENCY ACCESS AND UTILITY EASEMENT AND MAWTENANCE AGREEMENT, AS ~ ~ m GRANTED TO HERITAGE FINANCIAL CORPORATION IN INSTRUMENT RECORDED ~ o APRIL 8, 1983 W BOOK 357 AT PAGE 396. ~' ~ ~ ~ ' . ° o ~ma RIGHT OF WAY EASEMENT AS GRANTED TO EAGLE TELECOMMUNICATIONS, INC. IIV =~ ~ INSTRUMBNT RECORDED April 19, 1983, IN BOOK 357 AT PAGE 971. ~ m ' _„ ow o RIGHT OP WAY EASEMENT AS GRANTED TO BAGLE TBLEC0MMUNICATI0N, IIVC. IN =~ v INSTRUMENT RECORDED April 18, 1984, OV BOOK 382 AT PAGB 909. ' RIGHT OP WAY EASEMENT AS GRANTED TO SINGLETREE INVESTMENTS PARTNBRSHIP IN INSTRUMENT RECORDED May 08, 1987, IN BOOK 462 AT PAGE 279. ' RIGHT OP PROPRIETOR OP A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORS THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED September 07, 1903, IN BOOK 48 AT PAGE 496 AND IN BOOK 175~AT PAGE 221. ' RIGHT OP WAY FOR THE GRAND VALLEY RAILWAY COMPANY AS RESERVED W UNITED STATES PATENT RECORDED September 07, 1903, BY BOOK 48 AT PAGE ' 446 AND IN BOOK 175 AT PAGE 221 TERMS, CONDITIONS AND PRO VISIONS OF RIGHTS (1F ACCESS AS GRANTED TO THE ' DEPARTMENT OF HIGHWAYS RECORDED May 14, 1969 IN BOOK 215 AT PAGE 184. RESERVATION FOR AONE-EIGHTH INTEREST IN ALL MINERALS AS RESERVED IN ' DEED RECORDED AUGUST 18, 1971 IN BOOK 221 AT PAGE 407 AND AS RESERVED iN THE AGREEMENT RECORDED AUGUST 18, 1971 IN BOOK 22I AT PAGE 410. RIGHT OF WAY EASEIv1ENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND ' TELEGRAPH CO. IN INSTRUMENT RECORDED September 09, 1930, IN BOOK 106 AT PAGE 599. RIGHT OP WAY EASEMENT AS GRr1NTED TO HOLY CROSS ELECTRIC ASSOCIATION, ' INC. IN INSTRUMENT RECORDED August 19. 1969, IN BOOK 215 AT PAGE 808 AND IN BOOK 248 AT PAGE 378 ' , • • '• R16'iHT OF WAY EASEMENT F 'RAN TO HOLY CROSS ELECTRIC A 7CIATION, INC. IN INSTRUMENT RECOR;~'dD October 06, 1971, IN BOOK 221 AT PAI;-,' 881. ' RIGHT OP WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, WC. [N WSTRUMENT RECORDED lone 15, 1978, W BOOK 271 AT PAGE 137. ' RIGHT OF WAY EASEMENT AS GRANTED TO EAGLE VALLEY TELEPHONE COMPANY W INSTRUMENT RECORDED 7auuary 11, 1979, W BOOK 260 AT PAGE 688. ' RIGHT OP WAY EASEMENT AS GRANTBD TO UPPER EAGLB VALLEY SANITATION TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED January 16, ' 1990 W BOOK 521 AT PAGE 244. ' TERMS, CONDITIONS AND PROVISIONS OP CONVEYANCE OP EASEMENT RECORDED February 20, 1992 IN BOOK 573 AT PAGE 262 AND QUIT CLAIM DEBD TO THE EAGLE COUNTY SCHOOL DISTRICT RECORDED OCTOBER 21, 1994 W BOOK 653 AT PAGE I73. ' TERMS, CONDITIONS AND PROVISIONS OF APPROVAL OF THE PLANNED UNIT DBVELOPMBNT RECORDED June I5, 1994 W BOOK 642 AT PAGE 865. TERMS, CONDITIONS AND PROVISIONS OP APPROVAL OP SPHCL4I. USE PERMIT RECORDED July 03, 1996 W BOOK 698 AT PAGE 997. ' TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED AND AGREEMENT RECORDED December 03, 1998 AT RECEPTION N0.6786IZ. r TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED AND AGREEMIIVT RECORDED December 03, 1998 AT RECEPTION N0.678613. ' TERMS, CONDITIONS AND PROVISIONS OP EASEMENT DEED AND AGREEMENT RECORDED January 21, 1999 AT RECHPTION N0.684221. ' TERMS, CONDITIONS AND PROVISIONS OF MUTUAL MULTI-PURPOSE USE AGREEMENT RECORDED March 17, 1999 AT RECEPTION NO. 669908. ' RIGHT OF WAY EASEMENT AS GRANTED TO K N ENERGY, WC. IN INSTRUMENT RECORDED Aprit 30, 1999, UNDER RECEPTION NO. 694363. TERMS, CONDITIONS AND PROVISIONS OF MILLER RANCH-BERRY CREEK ' INTERGOVERNMENTAL AGREEMENT RECORDED June 03, 1999 AT RECEPTION NO. 698432. ' (ITEMS 9 THROUGH 38 AFFECT PARCELS A AND B) LACK OF ACCESS TO OR PROM A PUBLIC ROAD OR HIGHWAY. ' TERMS, CONDITIONS AND PROVISIONS OF CONTRACT TO BUY AND SELL REAL ESTATE RECORDED October 12, 1999 AT RECEPTION NO. 711526. ' (ITEMS 39 AND 40 AFFECT PARCEL B) ~ i~i~~i iti~i ir~uii iiii~ iii i~rii iiiii~~ iii ii~ii ifr~ ~ir~ 713669 11/06/1999 12:23P 432 Sari Fisher 6 of B R 30.00 D 0.00 N 0.00 Eagle CO 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4~ rty--. THE FOLLOWING ITEMS A5 SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED JULY 26, 1989 BY ALPINE ENGINEERING, INC., JOB N0. 78215: HOWARD DITCH TRAVERSING SUBJECT PROPERTY LOCATED OUTH OF THE NORTHERLY DENVER RI GRANDE WESTERN RAIL ROAD RIGHT OF WAY FENCE THE ADJOINING PROPERTY OWNER 1S UTILIZING THE LAND EAST OF THE FENCE LINE ON THE EASTERLY LOT LINE OF SUBJECT PROPERTY AND MAY HAVE ADVERSE RIGHTS TO THIS PROPERTY. EXISTING LEASES AND TENANCIES. I I"III "~II "II'I~'II'~ III ~II~~ II~I"I III "~I"III I"I 713838 11/0'J/1999 12:23P +32 Sera Flsl~e~ B of B R 30.00 D 0.00 N 0.80 Esyls CO 22 ' ,• _ . VIRONMENTAL CHECI I5T The applicant is responsible for securing all necessary permits, licenses, clearances, and environmental analysis documentation necessary to comply with local, state, or federal law. On an attached paper, describe the process or efforts made to review potential wildlife impacts of the project as concisely and specifically as possible. Include any relevant information in each of the category questions listed below and indicate which question you are answering. Examples are given of the types of information that may be valuable. If these questions are not applicable to this project, please write N/A and state the reasoning. Please not that if this project is a land acquisition a more detailed environmental assessment maybe required. Species of Concern. Is it likely that plant or wildlife species of concern are present on the proposed project site? The skate park site is adjacent to the Phase II soccer and baseball fields area of the recreation parcel and has received rough grading operations as a result of on-going recreation fields construction. • Federally listed threatened or endangered species None identified. • Species that are rare or have limited range in Colorado None identified. 2. Habitat Value. How important, productive, or pristine is the wildlife habitat in the project area? The skate park site is adjacent to the Phase II soccer and baseball fields area of the recreation parcel and has received rough grading operations as a result of on-going recreation fields construction. • Existing development or human impacts to the proposed project area Existing and planned development of the recreation parcel will be completed in mid- summer of 2004. Development of the site has closely complied with the county land-se approvals • Critical habitat for a particular species, or an area with high value for nesting, feeding or calving None identified. 3. Potential Impacts. In what ways will the project have, or potentially have, an impact on wildlife? The project is consistent with the county land-use approvals and the required county environmental impact report. • Disturbance of sensitive species during rest, feeding, or reproductive cycles • Loss or reduction of habitat • Intrusion into areas with little existing human impacts 4. Mitigation. How will these impacts be addressed? Specific skate park site mitigation is not planned. Within the overall Berry Creek / Miller Ranch site a significant amount of land has been preserved as open space. • Alternative design or trail route selection • Screening of users from wildlife area, protection of critical habitat, channeling use through less sensitive areas • Management of users and related activities with signs, fencing, and education programs 5. Benefit. How is the project planned to have a positive impact on wildlife? Spring 2004 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application Page 10 (return to GOCO) The skate park and playground site will be developed with xeriscape oriented landscape development. • Habitat improvement such as restoration of wetlands, river comdor clean-up, or plantings for cover nesting • Education of users through environmental education programs, opportunities for "watchable wildlife," and wildlife impact monitoring Principle source of information: (Berry Creek /Miller Ranch, Sketch /Preliminary Plan Application, Section 3.5 Environmental Impact Report), report is attached to the application as a reference. Printed name, title and telephone number of person consulted: Signature of person consulted: / / // %/ // L 3.5 Environmental Impact Report In accordance with section 5-240.F.2.a. l4 -Planned Unit Development District of the Eagle County Land Use Regulations, the following inventory of information and analysis of impacts has been prepared for the subject property. A. Hydrologic Conditions Berry Creek/Miller Ranch is a long, narrow parcel that extends in an east-west direction for nearly two miles along the Eagle River Valley. A portion of the property abuts the Eagle River and June Creek bisects a small portion of the property at its eastern end. No other major tributaries impact the property. There are, however, a number of drainage corridors that flow through the property. With the construction of Interstate 70, each of these drainage basins has been "channelized" with varying degrees of culverts under the interstate. These drainages pass through the property where they enter a second set of culverts under the UP railroad tracks. Once past the tracks, the drainages flow into the Eagle River. A preliminary drainage report and plan for the proposed development of BC/MIt have been prepared by Peak Civil Engineering, Inc. This information is found in the appendix of this report. This report defines drainage basins the pass through the property and presents a plan for addressing on-site detention of storm water, sediment control, and water quality. The extent of and location of ground water aquifers in and around the property have not been mapped. However, the dominant aquifer consists of the Eagle River alluvium that generally runs parallel with the river. The Howard Ditch runs through the entire property in an east-west direction- This ditch is located along the north side of the property and carries irrigation water that has historically been used at Berry Creek, Miller Ranch, and the Sonnenalp Golf Club. B. Atmospheric Conditions Short-term air quality impacts with slight increases in airborne particulate levels near the proposed Miller Ranch-Berry Creek development will occur during the construction phase of this project. Air quality impacts from the development itself are expected to be insignificant. Berry Creek/Miller Ranch 32 Sketch/Prelirrunaryflan Existing Air Quality Currently there is no monitoring of existing air quality in Eagle County. Air quality problems in the Western Slope Air Quality Region of Colorado are associated with elevated ambient air concentrations of particulate matter with an aerodynamic diameter less than 10 micrometers (PM10) during the winter months. These elevated PM10 levels are related to seasonal sources such as wood stoves and fireplaces, and road sanding. They are also related to atmospheric inversions where dense cold air within mountain valleys becomes trapped below a warmer layer of air. During these inversions pollutants within the trapped valley air cannot disperse out of the valley. Inversions can also occur during the early morning hours at other times of the year, but these usually breakup shortly after sunrise. Also, during other times of the year, the Western Slope Region concentrations of PM10 and other air pollutants can be affected by controlled and uncontrolled burns. Air quality near the proposed development site is also affected by the proximity of Interstate-70 (I-70) which runs parallel to the north boundary of the development. Commercial and non-commercial vehicle traffic on I-70 contribute both fugitive dust and tailpipe emissions to the local ambient air. Colorado Air Regulations Some large construction activities are required to file an Air. Pollution Emission Notice (APEN) for construction sources that would generate fugitive dust (Colorado Air Quality Control Commission, Regulation Number 3, Part A.II}. Activities that would be exempt from this rule include "disturbance of surface areas for the purposes of land development, which do not exceed 25 contiguous acres and which do not exceed six months in duration..." . Eagle County Air Qualit~Regulations Eagle County regulates wood burning devices and open burning. Under Eagle County Zoning and Subdivision Regulations only one new technology device per single family or duplex dwelling unit, or one new technology device per building containing commercial and industrial use is allowed. A "new technology device" is one that meets or exceeds the emission standards for certification of Phase II appliances per the Environmental Protection Agency. In other words, allowable models of wood burning appliances must be certified by the USEPA to meet or exceed the emission standards under 40 CFR Part 60 Subpart AAA (Standards of Performance for New Residential Wood Heaters). Berry Creek/Miller Ranch 33 Sketch/PreliminaryPtan In addition, under Eagle County regulations, wood burning devices are not allowed in multi-family units other than in the common area of a building such as lobbies and lounges. Eagle County has been delegated inspection and enforcement authority under the Colorado Air Quality Regulations. Ln addition, the county's Land Use Regulations, Section 4-530.C, regulates emissions to the extent that "...dust or fumes shall not project beyond the boundary line of the property on which the use is located...". Construction Phase Impacts During the construction phase of Miller Ranch-Berry Creek, sources of air pollution will include fugitive dust from vehicle traffic on paved and unpaved surfaces, earth moving activities, and tailpipe emissions from diesel earthmoving equipment. Materials Handling Fugitive dust will be generated from rough grading, excavation, cut-and- fill operations, and material storage and handling. These emissions can result from both the transfer of materials and from wind erosion. Material that would typically be susceptible to wind erosion would be dry and freshly disturbed surfaces. Fugitive dust from materials handling will be managed to comply with Eagle County regulations. Fugitive dust emissions from handling and storage of materials such as topsoil will be controlled by water application and by minimizing the disturbance~of storage piles. Unpaved Travel Surfaces PM10 emissions are generated when a vehicle travels across an unpaved surface. During the construction phase, the heavily traveled unpaved surfaces such as on-site access roads, parking lots, and lay-down areas will be watered as necessary to minimize dust generation. A schedule of regular watering of these areas will reduce fugitive dust at least 50 percent. Paved Travel Surfaces Traffic passing from unpaved surfaces to paved roadways will create both mud and dirt deposits on the paved surface (referred to as "track out") which can generate additional road dust emissions. To minimize track out, periodic washing of the unpaved/paved intersect_ ion surfaces can be implemented. Berry Creek/Milier Ranch 34 Sketch/Preliminary Plan Diesel Earth Movin>; Equipment Tailpipe Emissions Tailpipe emissions from diesel-fueled earthmoving equipment may result in a temporary increase of ambient air concentrations of PM10 and other pollutants. Dispersal of these pollutants will be augmented by high exhaust velocities and temperatures, thus ground level concentrations of these pollutants near the proposed development site will be minimal. Development Lnpacts Impacts from the Miller Ranch-Berry Creek development will be associated with a very small increase in population in Eagle County. This will result in commensurate increases in vehicle traffic, and in residential natural gas and wood burning appliances. The additional vehicle traffic will result in increases in fugitive dust and tailpipe emissions. To mitigate fugitive dust emissions from vehicle traffic, the developments roads either will be paved or covered with gravel. The main thoroughfare, Miller Ranch Road, will be a paved surface. Paved roads will be cleaned periodically to reduce the accumulation of surface materials that would generate fugitive dust. Tailpipe emissions from the additional vehicles will add PM10 and other pollutants to the local ambient air, but the additional impact on local air quality will be minimal. All new wood burning appliances associated with the development will comply with USEPA certification standards and with Eagle County regulations. Since it can be more economic to install natural gas fired rather than wood burning appliances, it is expected that few wood-burning appliance will be installed in the development. Small boilers or emergency generators maybe associated with the proposed schools and/or recreation site. Depending on the size and operating schedules of this equipment, it may be necessary to file APENs with the State of Colorado. Overall, though, this equipment should not significantly impact the local air quality. C. Geologic Conditions Geologic conditions have been evaluated based on the Eagle County "Robinson Maps -Environmental and Engineering Geologic Map for Land Use." This map identifies the following classifications for the site: 2D -covers the west end of the site 1 A -covers the majority of the site Berry Creek/Miller Ranch 35 Sketch/Prelimynary Plan Based on this classification the site is suitable for development. Additionally, the site is not located in any mapped geologic hazard area (i.e., avalanche hazard, rockfall hazard, landslides, debris fans, talus slopes, areas containing expansive soils and rocks, and area susceptible to ground subsidence) as per the Robinson Maps. The Eagle County Master Plan lists the site as requiring basic or general geologic/engineering investigation. Detailed soils and geologic analyses have been prepared for the subject property and are included in the appendix of this report. Several reports have been prepared over the last few years. Submitted with this application are two reports that summarize the geologic conditions and hazards affecting the property. These reports were prepared by Hepworth-Pawlak Geotechnical, Inc. A Preliminary Geologic Site Assessment dated March 14, 2001 is found in the appendix of this report. This report concluded that there are no geologic conditions that would make development of the proposed uses infeasible. There were, however, a number of geologic conditions identified that should be considered in project planning and design. Foremost among these are the possibilities of sinkholes and a large circular depression in the western portion of the property that could be associated with evaporite deformations. The sinkhole risk was categorized as low and no greater than that generally present in other parts of Eagle County. Site-specific geotechnic studies will be done to further evaluate this issue during the design of buildings and facilities. This report suggested further evaluation of the potential evaporite deformation. A subsurface Study of Depression Area dated September 28, 2001 is found in the appendix of this report. The primary purpose of this study was to determine if the deformation is still active or if it has stopped. This analysis supported the previous conclusion that the risk of further subsistence in this area is low. Site- specific geotechnic studies will be done to further evaluate this issue during the design of buildings and facilities. D. Biotic/Wildlife Conditions The Eagle County Master Plan Wildlife Habitat maps provide a general identification of areas used for habitat and migration corridors. This site is not identified as General Wildlife Habitat, Mule Deer Habitat, or Elk Habitat. The Colorado Division of Wildlife has submitted a letter to Eagle County dated October 1 1, 2000 containing its comments on the proposed project. The DOW finds that "the proposal will not significantly impact those species mapped in the Eagle County Master Plan." The DOW does address concerns related to black bears. The DOW makes recommendations on how to address black bears with Berry Creek/M~Iler Ranch 36 Sketch/Preliminary Plan respect to encounters with pets and the storage of refuse. The DOW letter is found it the appendix and Division concerns are addressed in the PUD guide. This property is located in an area of Low Wildfire Hazard (area "A"). The proposed uses will help to minimize the wildfire potential of the site by providing adequate irrigation, defensible space, and maintenance of the site. A letter from the Colorado State Forest Service, included in the appendix, states that there is little threat to property from wildfires. A final evaluation of the presence of wetlands has been completed. The analysis finds the presence of wetlands only in the open space parcels on the east end of the property, especially along the Eagle River. The Army Corps of Engineers has reviewed and approved the findings of this wetlands analysis and delineation. The final report and Anny Corps approval letter are included in the appendix of this report. E. Waste, Noise, Odor Conditions Short-term noise impacts near the proposed Miller Ranch-Berry Creek development will occur from the operation of heavy equipment during the construction phase of this project. Slight noise impacts will occur from both increased vehicle traffic and outdoor activities that will be associated with the development, but these will not be significant relative to existing ambient noise. Existing Noise Back>wround Noise standards and sound measurement equipment have been designed to account for the sensitivity of human hearing to different frequencies. This is accomplished by applying "A-Weighted" correction factors. This correction de- emphasizes the very low and very high frequencies of sound in a manner similar to the response of the human ear. The primary assumption is that the A-Weighted decibel (dBA) is a good correlation to a human's subjective reaction to noise. In general, a residential area at night is 40 dBA; a residential area during the day is 50 dBA; a typical construction site is 80 dBA; a subway train at 20 feet is 90 dBA; and a jet takeoff at 200 feet is 120 dBA. The Inverse Square Law of Noise Propagation estimates that noise decreases by approximately 6 dBA with every doubling of the distance from the source until the noise reaches existing background levels. White rural areas typically have average background levels from 40 to 45 dBA, the average background noise in the vicinity of the Miller Ranch-Berry Creek development would probably be slightly higher on account of its proximity to Berry Creek/Miller Ranch 37 Sketch/Preliminary Plan Interstate 70 (I-70) to the north and to Highway 6 to the south. Typical noise 100 feet from a freeway would be about 70 dBA. In addition there is some existing noise associated with the local rodeo's public address system, though the level of impact from this source is unknown. Eagle County Noise Regulations Eagle County Land Use Regulations, Section 4-520, limit the maximum permissible noise levels along the property boundary. From 7:00 AM to 7:00 PM the recurrent and inherent produced noise is limited to 60 dBA though it is also stipulated that this noise may increase no more than 5 dBA above this level for a period not to exceed 15 minutes in any one hour. From 7:00 PM to 7:00 AM the Limit is 55 dBA. Construction Phase Noise Impacts Table l.p-1 presents typical noise levels of construction equipment at a distance of 50 feet. These values assume the equipment is operating at full power. Table l.p-1 T ical Construction Noise Levels Equipment Cate o Noise Level at 50 ft dBA) Backhoe 85 Concrete Mixer Truck 91 Dozer 90 Dump Truck 91 Front End Loader gs Grader 90 Since ali the construction equipment can be spread throughout a construction site, and may not be operating concurrently, the typical noise 50 feet from a construction site would be approximately 85 dBA. This value and the data presented above indicate that there will be a temporary increase in ambient noise that will be Iimited to the construction phase of the project. Develo ment Noise Im acts The noise impacts from the development will be related predominantly to increased automobile traffic. Table l.p-2 presents typical noise levels for automobiles at a distance of 50 feet as their speed increases from 30 miles per hour (mph) to 50 mph. tserry ueetuMwer Kanch - 38 Sketch/PreLmtnary Plan Table l.p-2 ' T ical Automobile Noise Levels Speed (mph) Noise at 50 ft (dB) 30 62 35 64 40 67 45 68 50 ~0 These impacts should not cause a significant increase over the existing ambient noise that is be dominated by traffic noise from I-70 and Highway 6. Periodic increases in ambient noise may also be related to outdoor activities at the recreational site such as baseball and soccer games, and to outdoor activities at the schools. F. Visual Conditions Berry Creek/Miller Ranch lies at the bottom of the Eagle River Valley in the center of the urbanized area of Edwards. As such, no portions of the property are located on prominent hillsides, ridgelines or other features that would typically visual quality issues. The~property is visible from surrounding areas, including the I-70 corridor and the Edwards Spur Road. Buildings and other improvements made to the property will be visible from these areas. However, the built environment of Berry Creek/Miller Ranch will consistent with the developed urban character found on surrounding properties and throughout the Edwards area. G. Circulation and Transportation Refer to section 2.0 of this report for a detailed description of circulation and transportation issues. Additionally, please also refer the traffic analysis found in the appendix. The traffic analysis outlines a range of road improvements that will be necessary to support the proposed development. .,~~~y ~«~wivuuer rcancn 39 Sketch/Prelirrtinary Plan wary of Findings and Alternatives to Proposed Action H. S orting tion of environmental conditions procomed ab a ~rovade a supp The evalua technical environmental studies that have been , omnental conditions hensive analysis of environmental consist rig env r e to Berr}' compTe iller Ranch. These studies assessed identified potential impacts Creek/M~ and surrounding area, ect ro erty and recommended measures that present on the subj p Po osed development, meat on that may occur from the p P ate otential impacts of develop maybe implemented in order to mitig P environmental conditions. Creek/Miller Ranch PUD The environmental ana edsis completed for the e1~5r otential development of this land will not result in any adverse indicate that the propos ro riately mitigatedan is consis ent with the Eagle effects that cannot be app P ro riate for development. environmental impacts. The development p County Master Plan, which identifies this land as app p little in the way of ro osed development concept for the property has very Thep p ect concept ~s to avoid environmentally environmental impact. The overall prof ~ open space. As an ro ert is currently zoned sensitive areas a dro aov d action, the MillerrRanch P pdential arcels without alternative to th p P Resource and as such could be developed as 35-acre res ental review. This would impact the environmentally the benefit of environm sensitive areas of the site. PUD is successful at achieving the environme~ 1 gov de the Eagle The proposed County Master Plan and the eanhe uses and activi ies that occur on the p tapertY- County significant control o This pUD and its review process will ensure that all relevant environmen conditions are identified and addressed in the planning process. ao Berry Creek/Miller Ranch Sketch/PreUminary Plan 10. Local Support: The Edwards skate park project was initiated by concerned citizens and youth. Documentation (letters, meeting attendance records, etc.) is provided in the appendix. 11. Project Summary: The proposed skate park site is owned by Eagle County and is part of the Freedom Park Recreation Site at Berry Creek. The recreation site is part of a larger Berry Creek PUD which includes open space, recreational, educational and residential uses. This mixture of uses offers the opportunity for the site to become a focal point of activity for the Edwards area and Eagle County. Of the 227 acres within the PUD, nearly 36 acres are devoted to recreational uses. This tract will include athletic fields, play areas and, possibly, a recreation center. The skate park, play area project is a key element in the master plan for the site. Eagle County developed an initial master plan for the recreation tract. That plan was completed in the fall of 2000. While the current shape and layout has changed from that initial plan, all the planned uses are included in the most recent design. GOCO APPLICATION SELECTION CRITERIA INFORMATION I. Characteristics, Need and Urgency Eagle County includes a number of small, geographically distinct communities. The community of Edwards is centrally located in the County and serves as the home for many residents working in the resort and service industries. The Edwards population, estimated at 9,000 in 2004, is more than 21% of the total County population (41,815 in 2004.) The County's major recreation complex, Freedom Park, is located in Edwards. This multi-purpose facility is in a long-term development process. Three sports fields have been completed, (2 turf and 1 artificial turf), at a cost of $1,600,000. Another multi- sport, turf field and two youth basebalUsoftball fields are scheduled for completion in June 2004 with a project cost of $600,000. The proposed skate park will be an additional element in the comprehensive plan for this unique recreation complex. The recreation complex is well situated for its family-oriented and community purpose. Immediately to the west is the new Colorado Mountain College campus, serving students 18 years and up. Immediately to the east is the new Miller Ranch affordable housing complex and the Berry Creek Middle School, (Eagle County's largest middle school). Future plans for the Eagle County School District include a unified high school immediately north of the recreation complex. The skate park, play areas, shade structure and landscaping will provide greatly needed improvements for the community. Presently, the recreation complex serves children ages 8 and up in traditional sports. The new facilities will provide opportunities for tots and young children, (up to age 7) to interact with parents in a safe, enjoyable environment. Other children, perhaps not attracted by team sports, will find an attractive, safe and socially acceptable outlet for their energy. The comprehensive design of the skate park will encourage teenagers and young adults to recreate in afamily-welcome setting, thus building a more inclusive community atmosphere. Need There are no skate parks in the Edwards area. Children now skate in the Riverwalk business park near Highway 6, (see community map.) The nearest skate parks are in Eagle-Vail, (10 miles east), Gypsum, (25 miles west) and Vail (20 miles east). Each of these parks is a small, above ground facility. Edwards's area businesses have attempted to deal with the lack of skate park facilities with signage prohibiting skateboarding in the business area. Estimates of usage for the proposed facility range from 1,000 to 2,000 individual skaters. The existing facilities serve approximately 100 to 300 individual skaters according to facility owners/operators. Moreover, the projected growth for the Edwards area is the greatest in Eagle County. The skate park will be a key element in the recreation services offered to this expanding population of youth and young adults. Urgency The Freedom Skate Park proposal is contingent upon a collaboration of several public agencies and private supporters. Note: although the project has been discussed for more than a year, the realization of a cooperative project was only achieved in February 2004. Public attention, momentum and support are at high levels -failure to complete the cooperative agreement this year may jeopardize the funding currently in place. If GOCO funds are not approved this year, the funds allocated by the municipal partners will revert to their respective general funds. Future allocation for this project would not be ensured. Demand for this project is best reflected in the attached news article, (The Vail Daily). II. Multiple Uses and Accessibility The skate park will be a community focal point. In addition to meeting the immediate needs and safety for skateboarders, rollerbladers and bicyclists, the facility will be an island for young children, tots and their parents. The shade structure will provide a comfortable resting and observation point for parents supervising the kids at the skate park and play areas. Grass berms will provide cool seating areas for skaters taking a break, bicyclists stopping on the bike trail and spectators at the park. Parents, siblings and fans will fmd a welcome attraction during all day soccer, lacrosse, football, baseball or softball tournaments offered at the Freedom Park recreation fields. The proposed project will be an important component of the multi-use complex. Accessibility The Freedom Skate Park will be accessible via a complete matrix of transportation options. / It is immediately adjacent to family neighborhoods / It is immediately adjacent to neighborhood schools / It is on the County bike trail / It is directly on major traffic roadways / It is a stop for the County-wide bus system There is, perhaps, no better location in Eagle County for acommunity-oriented recreation facility than at the Freedom Park recreation complex. III Public Process and Plan The proposed master plan for the Freedom Park recreation complex is attached. The motivation for the skate park arose through community action. Skaters, seeking a safe alternative to skating in busy retail areas, contacted a local, community-minded leader. Through his efforts, the idea for a skate park in Edwards gained momentum and support. The community group approached the Western Eagle County Metropolitan Recreation District, seeking some form of support. In May 2003, the WECMRD Board of Directors unanimously approved and authorized a matching grant of up to $150,000 for development of a skate park. To further assess community opinions regarding a skate park, in June 2003, WECMRD conducted an open community forum at the Edwards Elementary School. (Attendance list is enclosed.) WECMRD undertook research into mountain community skate parks and contracted with the Architerra Group of Denver to provide advice and leadership in assessing community demand for a skate park. WECMRD and Architerra conducted a community workshop in November 2003 to solicit and document input for a skate park design. Eagle County has considered a skate park in the Freedom Park master plan since its inception and has worked with WECMRD regarding facilities at the Freedom Park complex. In February, at a meeting of community leaders interested in the skate park proposal, the County and WECMRD formally approved a cooperative effort. Within one week, the Edwards Area Metropolitan District, Berry Creek Metropolitan District and Arrowhead Metropolitan District joined the collaboration! IV Matching Funds and Partnerships The Freedom Skate Park proposal is a model for cooperative effort toward a community purpose. Five government agencies have joined with a citizens' group to bring the project to realization. Of the proposed $987,630 project budget, only $75,000 is planned for project design and management. $912,630 is planned for construction. GOCO funds are requested for a portion of the design/planning phase: $5,000 and construction: $195,000. Eagle County funds (over $247,000) are planned for design: $70,000 and construction: $177,000. The balance of funds is designated for construction. Partnerships The level of cooperation and interagency support for this project is unusual in Eagle County. The close working relationship between Eagle County and Western Eagle County Metropolitan Recreation District has stirred a rising sentiment for more efficient use of public funds for recreation. The special districts located near the Freedom Park recreation complex have indicated that they recognize the value of a comprehensive community facility and have validated their interest through their resolutions and allocation of funds. (See the attached Board minutes, resolutions and letters of support.) The public collaboration for this project includes: Eagle County, Western Eagle County Metropolitan Recreation District, Edwards Area Metropolitan District, Berry Creek Metropolitan District and Arrowhead Metropolitan District. IV Non-cash Support The Edwards skate park citizens committee, led by Rick Cook, has pledged their support for the project. Contributions of free or discounted materials, (concrete, trees, sod, irrigation), services, (free or discounted excavation services and equipment) and cash are pledged. The estimated value of these pledges is $50,000. However, due to the critical timeline for this project, (2004 authorizations), public fundslhard dollars form the critical balance of the project budget Letters of support and contributions are included. WESTERN EAGLE COUNTY METROPOLITAN Rick Cook 175 Main Street Suite C-109 Edwards, Co. 81632 5/23/2003 Dear Mr. Cook, RECREATION DISTRICT 113E 4TH ST P.O BOX 246 EAGLE, CO 81631 (970) 328-6909 FAX (970) 328-6955 On behalf of the Board of Directors, Western Eagle County Metropolitan Recreation District, I am please to convey their support of your proposal to develop a skate park for the youth of Edwards. Per Boazd resolution, May 21, 2003, WECMRD is prepared to contribute matching funds, dollar for dollar, toward the construction of the skate park. The Board has authorized the total contribution up to $125,000. As stated at the Board meeting, further progress towazd the actual funding is contingent upon the public comment meeting to be held Thursday, June 5 at Edwards Elementary School. Also, per your request, WECMRD is prepared to accept title and deed to the property and to provide ongoing maintenance for the facility. Our commitment to quality recreation programs and facilities ensures that the skate pazk will become, and remain, a valued recreation asset in Edwazds. Now, the hard work will begin as you seek financial support to achieve the SO% matching funds for construction! Please know you have the support of the Board of Directors and staff at WECMRD. Please feel free to contact me if you need assistance or information regarding this letter or the proposed project. Re~pec y, Steve ussell, hector Cc Boazd of Directors Edwards Metropolitan District Eagle County Commissioners PO Box 850 Eagle, CO 81631 Western Eagle County Metropolitan Recreation District PO Box 246 Eagle, CO 81631 RE: Skate Park at Edwards Ladies and Gentlemen: _..._._.....~_ n. .,._ ._ On behalf of the Board of Directors of Edwards Metropolitan District, we extend our sincere appreciation and confirm our support for your working together with Berry Creek, and Arrowhead in developing the skate park at the Berry Creek 5th. This letter memorializes that support. Based upon the contribution of all participants, Edwards Metro will advance $173,000 to the project, which we understand will be coordinated and constructed by Western Eagle County Metropolitan Recreation District (WECMRD). Based upon that understanding, please advise us as to when and how to advance the funds to WECMRD. Thank you again for this example of regional cooperation. Sincerely, John McCaulley, C airman RECEIVED MAR -1 2004 Board of County Edwards /Letters / Skate Park letter from 1. McCaullry doc Administrative Management Provided By Robertson & Marchetti, P. C. 28 Second Street, Suite 213, Edwards, CO 81632; Phone (970) 926-6060; Fax (970) 926-6040 MAR-01-04 04:53 PM WECMRD 9703286955 P. 01 t'±.?`~ F~zk~ ?7 04 0~'~ 35p i~rtSCh (~ htarnhett,; PC 9~ E• .7 p. 1 ~• ~;; ri, Tl~e ~tat,~ i~o,3rr) of great U~:tdoars ~uloracla 100 ®madway, quite 1650 ponver, CC? ~3420~ P,o:• Edwards ~k~te Park i=roposal ',~; TQ Whoa It May Concern: ,.»~; G ~, ~~' We are pleased to confirm our Support of the propc~ed Edwards skate Perk `~'~, ti, projt~ci: planned icy Eagle Caunty in caap~ration with local gavernrr~ents. Vve ,;~. ~~~ hope that you will look fiavorably on ti7e G©Cf~ grant request SUIJfnILtEd for this `ri t;roje~~t. r u, can i=ebruary ~5, ~04~i at the Regular Meeting of the ward bf directors, a ~~''u~„y{ resokutlon was passers to approve contributing $x.5,000 from the arrowhead .,,,, . ~'""-; Metrbpnlitan District for this nroi~~r. ~~+~JE~ ,~` I 'CT'lank you for your COrlSid~ratlen. ~~,tp. ~ ~ Sincerely +;,~; , , ,r 4, ,, ~~ CF`nf~"~' ell, ~[-ia f 1 {{{117 ~~ r~ 1 f6r Y~.~ al` ~~ ~~~,,~.~~ u',r4~` Ae~t~ilr~lstra>ror ,err c~whead Friet~r© ©iStriCt , r.. ~.;°`~±, GG: (iii Marchand ~`~ 1 '~~: !. I~~~F`'. ~r~ , ,•~' ,,, ;,, ... ~:a~ ,~dminlstr~4'v~ Man~pamentf'r~~rid~dQy,4oi~ertsdrr & htarrh~trl, P.C. 25' Sstz~n~ 5tre9t, SuiC~~ s'13, ~drvards, ;,~ t~X63.~; Phone (97t7) 9.~6-v'~''SD,• F8x (Sytlj 9~~6-CDC ~ ~ ~~~s ~I h~ Co ~`~~~ ~O ~/CQ 3.~ -1-~~ ~ lE- ~~C ,:-~ l1' e ~ (~. ~. P\ V "'11 n~ f? 1 ~~ ~~/iv~~Z~D,~j i~ 1', rat- S ~: ;:; 0: 5 }~,~ AT L'~WARDP9 EAGLE II DE~'ELOPcRS 1~1~G. 28 2nd Street, Suite 0-211 Edwards, CO 81632 Telephone (970) 926-3555 FPJC (970) 926-4350 Re: Skate Park To whom it may concern, Eagle II Developers and Rivervvalk are very excited about the proposed skate park in Edwards. There are a lot of kids who are skating at Riverwalk, which is extremely dangerous for them and others. Numerous times skaters have almost been hit by cars and pedestrians are constantly dodging skaters. A skate park shows support for this sport and gives the kids something positive to do instead of getting in trouble. We all look forward to events in the skate park, as it is amazing the things that these kids can do on a skate board. We are very happy to see a resolution to a problem that is a win win. 1 r i ~ r_ ~/~~~. ~~~ -~ ~ L CAP .~~ ~~~ ~c, c~-~-.~L v , ~ "~ Liz" ~r ~ r ~~ ~7 ~~, ~ ~ 9 ~ January 31, 2003 Mr. Richard Cook P.O. Box 2907 Edwards, CO 81632 Rick: Thank you for attending our Board of Directors Meeting in December, and for the work you are doing on behalf of our neighborhood children. We understand that you are spearheading a community effort to construct a skateboard park in Edwards. The majority of the Board of Directors of the Homestead Owners Association supports the concept of a skate park in the Edwards area, and feels that any additional amenities for our children are much needed. As you know, Homestead makes an effort to provide recreational amenities for our residents, but what this area needs is something that all the mid-valley residents can utilize. Good luck with the project, and again, thank you for your efforts on behalf of the community. Sincerely, ,~ Sleve Wickum President Homestead Owners Association _ , ;,~. ~:~ ai4.iE~?'~A~ 's ` ~~ " i , February Iz, zoo3 Mr. Rick Cook McVay and Company i7S Main Street C-io9 Edwards, Co Si63z Dear Rick: It was a pleasure to meet with you this morning and review your plans for the Edwards Skate Park. What was more encouraging was to see the energy and commitment you possess for the youth in our community. Your plan is well thought-out and comes at the right place and the right time. This Skate Park will help fill a void by providing a safe location that a segment of our kids can enjoy. The Sheriff's Office whole-heartedly endorses your project. We need more people like you actively improving our neighborhoods. Sincerely, Josep D. o~"'- SHERIFF Eagle County Sheriff's Office JDH/tmm ` --, _, . ~r~51. ~i}~?C~' j'): ...){) ' ~;hIB. ~,~j}OC:1C}O ~ili?.i1 ' ~.1!}}} i~+3-ii;N}~} ' <1;: 1~5~((}'~ ;}_i 1,~~ :~ :•:~ HOMESTEAD n ,~ CrRT~Cy August 19, 2003 TO: Rick Cook ~, ~ _'~ i \ FM: Steve Wickum, President ~y~~,.e (,,,~~~ t~~ Homestead Owners Association RE: Tract K Skate Park Proposal At our May Board of Directors meeting, held on May 9, 2003, the Board discussed the proposed Skate Park on Tract K of the Edwards Village Commercial Area, adjacent to Homestead. As you know, there was discussion on landscaping on Tract K, and on Tract G, Homestead-Owned Open Space. Board support for the park was re-evaluated, and a vote at this meeting re-confirmed that the majority of the Board of Directors of the Homestead Owners Association is in favor of the park in its current proposed location on Tract K. We as a Board continue to feel that there is immediate need for acommunity/youth park in Edwards, and that the timing of the Tract K site would be a perfect fit for the community •f0O flumestead Drive YO Box 808 Ed~•ards, Colorado 81632 <)-0-926.1067 Fax 970-926-4710 Slifer ~Designs~ February 19, 2003 To Whom It May Concern: 9To•926.820o Fax g7ay26.822B ~-~ Main Sheet, Sine C-too F.cJun+-'ds, Colorado 81632 sli(erdesigns.cvm a-mail: in~o@sli/erdesigns.com We are writing to express our support for the proposed Skate Park in Edwards. We are aware that skateboarders use the streets and parking garage in the Riverwalk center as their current "playground" and feel that it is extremely dangerous for the children and of great concern to the residents, workers and shoppers who drive through the shopping center. We feel that a carefully constructed and supervised Skate Park would be a huge benefit to the skateboarders, and also to the residents and customers of the Riverwalk center, and will lend our support in any way we can. Sincerely, K• erly M. olfe Vice President of Human Resources ~ Operations t h e archi - • g r o u p Summary of Workshop #1 Edwards Skatepark November 13, 2003 Introductions: Age, Sport Type, Skill Level Name Age Sport Type Skill Level Matt 30 Skateboarder Fun Steve 34 Bowl Danny 36 Ex-sponsored/ Int Quinton 27 . Advanced Vance 27 Bowls Dan 33 Bowls Matt 28 likes concrete Curtis 27 Bowls/Pools Toby 23 Creative Rick 52 Rollerblade __ Mom Protective Dylan 10 Skateboarder Bowls Matt 11 Skate/Roller All around Juan 13 A!1 __ Rick 55 Parent __ Jameson 14 Rollerblade Street/Advanced Nik 28 Skateboarder Corners/hips Jerry 33 Skateboarder likes concrete Where Do You Skate Now? Breckenridge Silverthorne Oregon Aspen Denver Louisville Lions Head Greenwood Village Boulder Trinidad Montana Salida Crested Butte Fontana Upland • Santa Barbara • San Clemente • San Diego -Washington Park • Burnside • FDR • Temecula • Eaglevale How Do You Get There? • Drive • Bike • Bus • Parents • Skate • Waik • Crawl Things You Like/Dislike About Existing Area Skateparks. Likes • Pools • Flow • Concrete • Variety • Speed/Lines • Surfable • Spines • Variety in heights • Vert • Different transitions • Past vert • Full pipe • Pool coping • Emergency phone • Foam pit • Good drainage • Size of Denver's • Lights • Awning • Drinking fountain • Bathroom • Kids area Dislikes • Finish of Denver -too slick • Cross traffic • Wacky fun box -more thought to pyramid • Dead ends • Pegs • Non-skateable transitions • Loose trannys • Foam pit - no place to land • Wacky handrails - no setup/landing • No round coping - 6" high on ledges What Elements Skaters Would Like To See In Your Skatepark? • Pool coping (Silverthorne) -selected areas • Bowls connected • Vert wall • Spine • Bank to wall • Watertall • Level changes • Premium street park -variety, innovative • Hips • Similar to N.W. • Big/open • Challenging • Over-vent hook • %< pipe extension • Steel coping • Big vert • Tombstone • Rails • Setup/landing space • Stairs • Spectator seating • Shade • Freeform obstacles -move around • Pay phone • Interchangeable rails • Shady break area • Outlets • Lights • No curfew • Awnings/sunscreen • Rules sign -input • On a bus route • Adjacent to other rec areas What Materials Should The Skatepark Be Made Of? • Concrete, steel, pool coping • Gray concrete okay Who Should Be Able To Use This Park? • All okay • No pegs • No scooters • No bikes -discuss THE VAIL OAILY 970.949.0555/vaddadycom Sl~ateboard irk O p County approves skate park at Berry Creek ey Veronica Whitney DAILY $TAFE WRRER Three years ago, Rtck Cook, a father of two chil- dren who love skateboard- ing and RollePoladmg, real- ized there wasn't a a place for them to play safely in Edwards "$0 1 developed the Idea of building a skate- board park in Home- stead," said Cook, a real estate broker "1 decided that this is something the community needed. f Rollerblade, I coach base- ball, and that's how 1 understood their situatioh: "I'm m touch with a lot of the children m the com- munity acid 1 realized [hey didn't have a place to go," Cook added "1['s danger- ous for them to be in park- ing lots They can't ga to the tennis courts " Cook's dream will come tine now that [he county has approved construction of a skateboard park at Berry Creek in Edwards The 20,000-square-foot favor of building afirst- park, which will be free to class park Denver has a users, will be part of the so- half-acre skateboard park called Berry Creek project, that cost $2 7 million. which includes the Miller Aspen's skateboard park Ranch affordable housing complex, a new Colorado Mountain College campus, recreation fields, a pond and a new high school. The skateboard park. which it estimated to cost about $800,000, will be built south of the soccer field9 Last year, the county opened three mulct-purpose playing fields -two regu- lar turf and one artificial turf. The 36-acre recreation area also will include a small area with a picnic shelter and playground equipment, a pond and pos- sibly arecreation center. "For nearly a decade, skateboarding has been one of the fastest growing sports," said county Com- missioner Am Mencom. "Poi ail these years, local kids and adults have been vaveling outside the com- munriy morder to find a place to skate. Until now ' we had smaller ones in Lionshead, Eagle-Vad and Gypsum " The Western Eagle County Metropolitan Recreation District and Fagle County will be two of the major funding part- ners in the protect. The county will also be seeking funds from metro districts and some pnvare dollars from businesses, Mencom said Mencom estimated that between 1.000 to 2.000 children end adults will use the park ennually "1 think we'll break ground before the sum- mer," Mencom said. The county will be hiring a company from Denver that specializes m budding skateboard parks Commissioner Michael Gallagher said he i, m Sund ruary 22. 2004 -Page A3 K' d in E aids is 16,000 square feet will enhance the whole area at Berry Creek "The skateboard park valley," said Edwards res- "The community has will be one more of the ident Peter Berg, who es been trying to develop highlights at the Berry overseeing the planning one for more than five Creek recreation center it for the 36-acre recreation years And this park will he ,rate-o1 the-ail ~eui Berg, who ,did hr ha• been learnu,e dnnw the mtncacie, of ,kateboaid mg "Skalehuardei, lend t0 grdVllale 1(1 the IIC~[ parks We want thn park to la,t a lung time end attract a Inc of people The ramps in the new perk will be merle ow of conerde and come tit them well g„ under- ground "That wdl make n safer, less m(rusne and gweter," Cook said Although Cook's im- tiat idea wa, m build the park m Home,cead, the Board of County Cum- missioners decided to build it in Berry Creek "We can bwld a better and bigger park at Berry Creek," Cook said In the meantime, the county has hired a con- sulting firm to explore construction of a r«re- ation center at Berry Creek. Berg said The swdy wdl take about four months "A recreation center would be the major com- ponent of the recreation area," Berg said Vemntca Whrrnev can be readied ar 949.0555 ext 454 0) tit vwhuney@vaddat/r coin SpPnal to the Daly Rldt Coek, back row center, tadM a group of Rokerbladen and skateboarders. A real estate broker and parent, Cook's desire to create safer places fa kids !o play has resuked in plena fa a skateboard park In Edwards. APPENDIX B Status of Property/IGA Project 04059 7/8/2004 t i .'h ~~) Liss - 6/~ U flied for record the day of ,A,D. 19`, et o'clock N, RECORDER Reception No. By DEPUTY. WARRANTY DEED THI9DL-ED, Made on this day of Novmdrar03 1999 between EAGLE COUNTY RECREATIO A O Q - CO ~ RATION i IO~R.J you i; of the County of EAOLB and State of Colorado of tine Grantor(s), and BAGLB COQ, O O'~DO whose legal address is : P.O.BOXRSO BAOLE C081631 of the County of and seats of oiora o of the Grantee(s): WITNB38, Thet the Grantor(s), for end in eoneideration of the sus of ( 62,038,734.76 ) "+ 7~vo Miilioo Thkty Eight Thousand Seem Hundred Thirty Pour and 76/100 +++ DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bergsined, sold end conveyed, and by these presents doss grant, bargain, sell, eomey and confine unto the Grantee(s), his heirs and assigns forever, atl the r~eaGl~property, together with improvements, if arty, sitwte, lying and being 1n the County of end stets of Colorado, described as follows: SBE EXHIBIT "A" A ACH SRliCO AND MADB A PART HBREOP •leo known ss stmt nuiber PROPERTY COMMONLY KNOWN AS BERRY CRBBK RANCH, FILQVO NO. S, EDWARDS, CO R 1632 ' TOGETH>rR with •ll and singular end hereditsments and sppurtansnces thereto belonging, or to anywise epperteinfng and the reversion and reversions, raswinder and rwasindera, rents, issues and profits thereof; and all the estate, right title interest, claim end deamnd whatsoever of the Grantor(s), either in law ar equity, ot, in end to the above bargained premises, with the hereditaaunts and appurtenances; TO HAVE AND TO HOLD the sefd presises chow bargsined end described with appurtenances, unto the Grantee(s), his heirs end sssigna forever. The Grantor(s), for himself, his heir and personal rapressxttatiws, does covenant, ' bargain, end agree to and with the Grantee(s), his heirs and assigns, that •t the flaws of the enseali Brent, of these presents, he is well seised of the premises about conveyed, hea good, sure, perfect, sbaolute and indefeasible estate of inheritance, in law, in fee simple, end hea good right, full power end Lawful authority to grsnt, bargain, sell end eamrey the same in swwner and fore ss aforesaid, and that the sane are free and clear from ell former erd other grsnta, bargains, sales, liens, taxes, assessments, encuabrances end restrietfons of whatever kind or nature soewr, ' EXCHPT GENERAL TAXES AND ASSBSSMHNTS POR THE YEAR 1999 AND SUBSEQUENT Y$AR4 . AND SUBIBCT TO THOSE BXCBPfIONS RBP81tRED TO iN T1TLB INSURANCE COMMITMENT NO. VC267508 ISSUEi) BY LAND TffLB OTIARAIVI'Eg COMPANY. g~ p~grA~~ F~iIBIT B FDR ABOVE E){gkc,. the 6rantor(s) shall and will {!ARRANT AND FOREVER DEfEND the above bargained premises in the quiet end peaceable possession of the Grantee(s), his heirs end assigns, against all end every person or persons lawfully clsiming the whole or sny pert thereof. The singular nwber shall include the plural, end the plural the singular, end the use of arty gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date sat fortA above. ~_ ~ i', GLE COUNTY TI A O , q QUASI-MUNICIPAL CORPORATION BY RICH . MACC HO p STATE Oi ColorWo ) County of EAGLE )ss. _ rr + t+ J. MICHAEL MOSS ~ I IIIIII IIIII IIIIIO ~~~~~ III IIIII ~~~~"~ ~~~ "~~~ IIII ~"~ ~~ P~OTARY PUBLIC 713069 11/06/1990 12:23p X32 Sara Fisher Y„ STATE O+F COLORADO ~ ` 1 of 0 R 30,00 0 0.00 N 0.00 Eaole CO The foregoing instrument was acknowledged before me on this day of November 03 1999 by RICHARD D MACCUTCHEON CHAIRMAN OF EAGLE COUNTY RECREATION AUTHORITY A UASI-MUNICIPAL CORPORATION My comaission eap~res (i~13154 \ witness my hand and o{{i sal seat. Notary Public Name and Address of Person Creating Newly Created Legal Descrr`pTYDrr- -35-106.5, C.R.S.) EscrowAr V267508 when Recorded Return to: EAGLE COUNTY COLORADO Titles/ VC267508 Form No. 932 Rer 4-96- wARRAN7Y DEED (For Phot ra c Record P-O- BON 850 ~^s~~.+w ~ _ ~ Ph' ) FAGe F rn A1c=~ .. i ' 87CHIBIT A ' PARCEL A: A PARCEL OF LAND LOGTED IN THS NBST 1/2 OP SECTION 4 AND THS NORTHBAS? 1/4 OP SECTION 5, TONNSEIP 5 SOUTH, BANGS 81 NEST OF THE 6TH PRINCIPAL MBRSDIAN, ' COUNTY 08 EAGLE, STATB OB COLORADO, NOBS PARTICULARLY DESCRIBED AS FOLLONB: BEGINNING AT A POINT ON TH8 NORTHERLY RIGHT OP N1-Y FOR DENVER RIO GRANDE NBSTERN RAILROAD PROM MHICH THS EAST 1/4 CORNER, OP SAID SECTION 4 HEARS, ' NORTH OZ DEGRSSS 04 MINUTB3 23 BBCONDS EAST, 110.20 PESTt TSBNCS NORTH 02 DEGRSSS 04 MINUTES 23 SECONDS BAST ALONG THE Dffi1VER AND RIO GRANDE NS3TBRN RAILROAD RIONT OF NAY 130.18 PEST; THENCE CONTINUING ALONG THE SAID RIGHT OP NAY NORTH 14 DBGRSBS 45 MINUTES 09 SECONDS NBST, 299.69 BEST TO A POINT ON TAB EASTERLY SIDE OF TH8 BTATB SIGHNAY 170-6 (BDNARDS SPUR ROAD) ACCESS ROAD RIGHT OF NAYf THENCE CONTINUING ALONG THB ACCESS ROAD RIGHT OF NAY NORTH: 78 DSGRBBS 17 MINUTS8 51 NINUTEB EAST, 16.50 FBSTt CONTIliU1:NG ALONG 8)1ID RIOT OP NAY NORTH 74 OSGRESB 06 MINUTES 20 SBCOND8 EAST, 220.57 PEETt CONTINVING ALONG SAID RIGHT 0/ MAY 141.69 /SST ALONG THS ARC OP A TANGENT CURVE TO THB LEFT ' HAVING A RADIUS O1 577.50 FEET A CENTRAL ANGLE O! 14 DEGREES 03 MINVTSS 27 BSCONDB AND A CHORD NHICH HEARS NORTH 59 DEGRSSS 16 DQNUTES OB SECONDS EAST, 141.33 88BTt THENCE DEPARTING BROM TH8 ACCESS ROAD RIGHT OP NAY SOVTH 54 DSGRBEB 37 NINUTBB 22 SECONDS EAST, 400.00 PBBTt THENCE NORTB 35 DBGRSS3 56 MINUTBB 1B SECONDS EAST, 480.81 F88Tt THSNCS NORTH 69 DEaltBSS 42 DtINUT88 30 SECONDS NEST, 185.!7 PEST= THBNCS NORTH 86 DEGREES 06 MIIiOTiB 10 BBCONDS NBST, 148.20 PEST TO A POINT ON THB STATE NIGHNAY 170-G (BDNARDS BPVR ROAD) ACCESS ROAD RIGHT 0/ NAYt THSNCB NORTR 26 DEGREES 06 MINUTES 20 SECONDS EAST, 27.00 PEST TO A POINT ON THE INTERSTATE HIGHNAY NO. 70 RIGHT OP NAYf THSNCB SOUTH 86 DEGRSSS 06 MINUTES 10 SECONDS BAST, 141.60 PBBTt THBNCS CONTINUING ALONG SAID RIGHT O1 NAY SOUTH 69 DEGREES 42 MINUTES 10 BBCONDS SA3T, 550.20 HEETi THSNCB CONTINUING ALONG THS I-70 RI($iT O1 NAY LINE 80UT8 57 DSGRBSS 34 NINUTBS !0 SECONDS EAST, 318.59 FEET; THENCE DEPARTING PROM THS I-70 RIGHT OF NAY SOUTH ' 42 DEGREES 37 NINUT88 33 36COND3 NBST, 141.00 PSETt THENCE SOUTH 47 DEGRSSS 22 MINUTES 27 SECONDS EAST, 150.00 PEBTi THENCE NORTH 42 DEGREBB 37 MINUTES 33 SECONDS BAST, 150.00 FRET TO A POINT ON THE I-70 RIGHT O! NAYt THBNCB CONTINCTILIG ALONG THS I-70 RIGHT OP NAY 128.41 HBET ALONG THS ARC OF A NON-TANGENT CURVB TO THB RIGHT HAVING A RADIVS OP 2176.80, A CENTRAL ANGLE OP 03 DEGREES 27 MINUTES 34 SECONDS AND A CHORD NHICH HBARB SOUTH 44 DEGRSSS 17 MINUTES 57 SECONDS EAST, 128.39 PEST; CONTINUING ALONG SAID RIGHT OF NAY LINE SOUTH 40 DEGREES 02 MINUTES 40 SECONDS EAST, 289.10 FESTt CONTINUING ALONG SAID RIGHT OF NAY SOUTH 38 DBGREBS 49 MINUTES 10 SBCONDB BAST, 296.10 FEET; ' CONTINUING ALONG SAID RIGHT OP NAY SOUTH 43 DEGREES 14 MINUTES 40 SECONDS BAST, 366.70 FSST; CONTINUING ALONG SAID RIGHT OF NAY 540.51 FEET ALONG THB ARC OF A TANGENT CUAVB TO THS LEPT HAVING A RADIVS OP 1787.00 PEST A CENTRAL ANGLE OP 17 DEGREES 19 MINUT83 48 SECONDS AND A CHORD NHICH BEARS SOUTH 53 DBGRBSB 36 ' MINUTES 32 SBCONDB BAST, 538.45 HEST; THENCE DEPARTING FROM TH8 INTERSTATE HIGHNAY NO. 70 RIGHT OF NAY AND CONTINUING ALONG THS EAST LING OF TSS SOUTHNBST 1/4 SECTION 4 SOUTH 02 DSGRBSS O1 MINUTES 51 8ECONDB NBST, 1372.38 PEST TO A POINT ON THE NORTHERLY RIGHT OP NAY OF THB DBNVSR RIO GRANDE NBSTERN RAILROAD; ' CONTINVING ALONG SAID RIGHT OF NAY 72.79 PSBT ALONG THB ARC OF A NON-TANGENT CVRVE TO THE LEFT HAVING A RADIUS OP 2820.00 FBBT, A CENTRAL ANGLE OP 02 DEGREES 18 MINUTES 15 SECONDS AND A CHORD NHICH BS71R8 NORTH 66 DEGRSSS 44 MINUTES 48 SBCONDS N83T, 72.79 FEET, THENCE CONTINVING ALONG SAID RIGHT OP NAY NORTH 65 DEGRSBB 35 MINUTES 41 SECONDS NEST, 1553.35 PEST; CONTINUING ALONG ' SAID RIGHT OF NAY NORTH 89 DSGRHES OS MINUTES 30 SECONDS NEST, 121.64 PBET; CONTINVI2IG ALONG SAID RIGHT OF NAY 1671.11 PBET ALONG THE ARC OP A NON-TANGENT CURVE TO THB RIGHT HAVING A RADIUS OF 1860.00 PHST A CENTRAL ANGLE OP 51 DEGRSSS 28 MINUTES 38 SECONDS AND A CHORD NHICH BEARS NORTS 37 DHGRSES 33 ' MINUTES 09 SECONDS F1SST, 1615.4? PBET; CONTINUING ALONG SAID RIGRT OF NAY NORTH 11 DEGRSSS 48 MINUTES 50 SECONDS NEST, 171.74 BEET; TO THE POINT OP BBGINNING. ' SXCBPTING THBRSFROM THAT PORTION OP TNS ABOVB DESCRIBED PROPERTY CONVEYED TO EDNARDS STATION, LLC, A DBLANARS LIMITED LIABILITY COMPANY, IN DHBD RSCORDHD DECHNBBR 3, 1998, RECEPTION NO. 678611. PARCEL B : I IIIIII "III IIIIIII IIIII III IIIII IIIIIII III IIIII IIII IIII ' vctet5oa 713859 iif0s/1999 12:23P •32 Sara Ftsha~ 2 of 6 R 30.00 D 0.00 N 0.00 EaEI• CO 1 18 i • -,. HYHIBIT A ' A PARCEL OP LAND LOGTSD IN THE NORTHNBST QUARTER OP T~ SOUTRNSST pVARTffiR OP SECTION t, TONNSRIP 5 SOUTH, RANGE B2 NEST 08 THE 6TH PRINCIPAL lOiitIDI11lI, EAGLE COUNTY. COLORADO, MOBS PARTICULARLY DSSCRIHED AS lOLLONSe ' BBGINDiING AT A POINT ON TSE NEST LINE OP SECTION 4 PROM NSICH THE SOUTSNSST CORNER OP TRS NDRTSNEST 1/4 OP SOUTSNSST 1/4 OP SECTION 4 BEARB SOUTB 02 DEGREES 03 DIIRVTES 56 SECONDS NEST, 254.00 PSETJ THENCE ALONG TSS NBST LINE OP 98CTION ! NORTH 02 DSGREEB 03 MINUTES 56 SECONDS EAST, 802.17 PBET TO A POINT ' ON TFOZ SOUTHERLY RIGHT O! N11Y OP TH8 DENVER AND RIO GRANDE N83TSRN RAILROAD; THENCE DEPARTING PROM TSS NBST LINE OP SECTION 4 AND CONTINUING ALONG TSE RAILROAD RIGHT OP NAY 1378.35 BEET ALONG THS ARC OP A CURVE TO TSE LBPT RAVING A RADIUB OP 1960.00 PEST, A CENTRAL ANGLE 08 40 DBGREES 17 MINUTES 34 SECONDS ' AND A CHORD NHICS HEARS SOUTR 37 DEGREES 38 MINUTES 39 8ECONDB EAST, 1350.12 PEST TO A POINT ON THE BOUTS LINE 08 THE NORTSNEST 1/! OP THE SOVTSNEST 1/4 SECTION !; THENCE DEPARTING PROM TRS RAILROAD RIQST OP NAY AND CONTINUING ALONG THE BOUTS LINE O! TBS NORTSNSST 1/4 OP TSE 80VTSNEST 1/4 NORTH 89 ' aaaRSas 05 tQNUTEB 57 SECONDS NEST, 322.76 PEST TO TSS CENTERLINE OP THE EAGLE RIVER= TRENCE DEPARTING FROM TRS SOUTH LINE OP THE NORTSNEST 1/4 O1,TRS • SOUTSIPEST 1/4 AND CONTINUING ALONG TRB CENTERLINE 01 TSE EAGLE RIVER TS8 POLLONIIIG POUR COURSES! 1) NORTH 10 DEGREES OS MINUTES 57 SECONDS NEST, 123.00 PEST 2) NORTH 61 DEGREES 50 MINUTES 22 SECONDS NEST, 181.07 PEST 3) NORTH 87 DEGRSBS 17 MINUTES 2H SECONDS NE8?, 209.11 1EET 4) NORTH 71 DEGREES 56 MINU'PSB 04 BSCONDB NEST, 148.00 PEST ' TO TSS POINT OP HEGIl7NING. THE AHOOE LEGAL DESCRIPTIONS ARE PROM ALPINE ENGINEERING, INC., JOB NO. 36067. ~ 1111111 VIII 111111111111 III 11111 III{III III 11111 IIII IIII 713HHS 11/HH/lY0! 12~23P +32 6er• Flsl~er 3 of • R 3®.B0 D 0. N M ®.00 E~'le CO ~i 1 1 ' VC267508 ~1 ' HIBIT B ' • , ' DISTRICT W INSTRUMENT RECORDED May 30, 1980, IN BOOK 303 AT PAGE 428. ' RIGHT OP WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. 1N INSTRUMENT RECORDED July 18, 1980, IN BOOK 305 AT PAGE 581. ' RIGHT OF WAY EASEMENT AS GRANTED TO EAGLE VALLEY SANITATION D1SfRICT IN INSTRUMENT RECORDED November 12, 1980, IN BOOK 312 AT PAGE 727. ' RIGHT OF WAY EASEMENT AS GRANTED TO BERRY CREEK MBTROPOLITAN DISTRICT IN INSTRUMENT RECORDED December 31, 1980, IN BOOK 315 AT PAGB 620. RIGHT OF WAY EASEMENT A5 GRANTED TO BERRY CREEK METROPOLITAN DISTRICT IN INSTRUMENT RECORDED December 31, 1980, IN BOOK 315 AT PAGB 627. ~ ~ RIGHT OF WAY EASEMENT AS GRANTED TO EAGLE VALLBY TELEPHONE COMPANY IN ~ rr' INSTRUMENT RBCORDED June 22, 1982, IN BOOK 341 AT PAGE 961. $ .. __ ~ ' PEDESTRIAN ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEtrWIVT AS ~~ ~ y ~ GRANTBD TO HBRITAGB FINANCIAL CORPORATION IN INSTRUMBNT RECORDED February 22, 1983, IN BOOK 353 AT PAGE 820. =~ g ~~ , ' _ _~ o ~ z EMERGENCY ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEIvIENT, AS =M GRANTED TO HERITAGE FINANCIAL CORPORATION IN INSTRUMENT RECORDED APRIL 8, 1983 IN BOOK 357 AT PAGE 396. ' ~°~o ' ~~ ~~ as RIGHT OP WAY EASEMENT AS GRANTED TO EAGLE TELECOMMUNICATIONS, INC. IN =„~..''~ INSTRUMENT RECORDED April l9; 1983, IN BOOK 357 AT PAGE 971. ~"z =~~ ~~ O RIGHT OP WAY EASEMENT AS GRANTED TO EAGLE TBLECOMMUMCATION, INC. IN -~ v INSTRUMENT RECORDED April 18, 1984, W BOOK 382 AT PAGE 909. ' RIGHT OP WAY BASEMENT AS GRANTED TO SINGLETREE INVESTMENTS PARTNERSHIP IN INSTRUMENT RECORDED May 08, 1987, IN BOOK 462 AT PAGE 279. ' RIGHT OP PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORB THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED September 07, 1903, IN BOOK 48 AT PAGE 496 AND IN BOOK 175•AT PAGE 221. RIGHT OP WAY FOR THE GRAND VALLEY RAILWAY COMPANY AS RESERVED IN UNITED STATES PATENT RECORDED September 07, 1903, IN BOOK 48 AT PAGE ' 496 AND IN BOOK 175 AT PAGE 221 TERMS, CONDITIONS AND PRO VISIONS OF RIGHTS (1F ACCESS AS GRANTED TO THE ' DEPARTMENT OF HIGHWAYS RECORDED May I4, 1969 IN BOOK 215 AT PAGE 184. RESERVATION FOR AONE-EIGHTH INTEREST IN ALL MINERALS AS RESERVED IN ' DEED RECORDED AUGUST I B, 1971 IN BOOK 221 AT PAGE 407 AND AS RESERVED IN THE AGREEMENT RECORDED AUGUST 18, 1971 IN BOOK 22I AT PAGE 410. ' RIGHT OP WAY EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. IN INSTRUMENT RECORDED September 09, 1930, 1N BOOK I06 AT PAGE 599. RIGHT OP WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, ' INC. IN INSTRUMENT RECORDED August 19, 1969, IN BOOK 215 AT PAGE 808 AND 1N BOOK 248 AT PAGE 376 ' , ~ •• RIGHT OP WAY EASEMENT < 'RANT 0 HOLY CROSS ELECTRIC P; 7CIATION, INC. IN INSTRUMENT RECORi~ Octobe..,.., 1971, IN BOOK 221 AT PAI:. r' 881. ' RIGHT OP WAY BASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED love 15, 1978, IN BOOK 271 AT PAGE 137. ' RIGHT OP WAY BASEMENT AS GRANTED TO EAGLE VALLEY TELEPHONE COMPANY W INSTRUMENT RECORDED Jamury 11, 1979, IN BOOK 280 AT PAGE 688. ' RIGHT OP WAY EASEMENT AS GRANTBD TO UPPER EAGLE VALLEY SANITATION TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED Januazy 16, ' 1990 W BOOK 521 AT PAGE 244. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OP BASEMENT RECORDED Pebruary 20, 1992 W BOOK 573 AT PAGB 262 AND QUIT CLAIM DEED TO THB BAGLH COUNTY SCHOOL DISTRICT RECORDED OCTOBER 21, 1994 W BOOK 653 AT PAGE 173. ' TERMS, CONDITIONS AND PROVISIONS OF APPROVAL OP THE PLANNBD UNIT DBVffi,OPMBNT RECORDED June 15, 1994 W BOOK 642 AT PAGB 865. TERMS, CONDITIONS AND PROVISIONS OP APPROVAL OP SPBCIAI. USE PBRMIT RECORDED Iuly 03, 1996 IN BOOK 698 AT PAGB 997. ' TERMS, CONDITIONS AND PROVISIONS OF BASEMffiVT DEED AND AGRBEMI:NT REGARDED December 03, 1998 AT RECEPTION N0.678612. ' TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED AND AGRBEdffiVT RECORDED December 03, 1998 AT RECEPTION N0.678613. ' TERMS, CONDITIONS AND PROVISIONS OP EASEMENT DEED AND AGREEMENT REGARDED ]anuary 21, 1999 AT RBCBPTION N0.684221. TERMS, CONDITIONS AND PROV1510NS OF MUTUAL MULTI-PURPOSE USE AGREEMENT RECORDED March 17, 1999 AT RECEPTION N0.689908. ' RIGHT OF WAY EASEMENT AS GRANTED TO K N ENERGY, WC. IN INSTRUMENT RECORDED Apri130, 1999, UNDER RECEPTION NO. 694363. TERMS, CONDITIONS AND PROVISIONS OF MILLER RANCH-BERRY CREEK ' INTERGOVERNMENTAL AGREEMENT RECORDED June 03, 1999 AT RECEPTION NO. 698432. ' (ITEMS 9 THROUGH 38 AFFECT PARCELS A AND B) LACK OP ACCESS TO OR PROM A PUBLIC ROAD OR HIGHWAY. ' TERMS, CONDITIONS AND PROVISIONS OF CONTRACT TO BUY AND SELL REAL ESTATE RECORDED Ocwber 12, 1999 AT RECEPTION NO. 711526. ' (ITEMS 39 AND 40 AFFECT PARCEL B) 1111111 IIIII 1111111 IIIII III IIIII 1111111 III Illll IIII 1111 713BS9 11/03/1999 12:23P 432 Sara FtaMr S of B R 30.00 D 0.00 N 0.00 Eagl• CO 1 THE FOLLO ULY Z6,E 9 9 BY ALPINEOENGINEERINGENNCO OB N0. 782R~IF(CATE ' PREPARED HOWARD DITCH TRAVERSING SUB]ECT PROPERTY ' LOCATED SDUTH OF THE NORTHERLY DENVER R[ GRANDE WESTERN RA O ROAD RIGHT OF WAY FENCE THE ADJOINING PROPERTY OWNER 15 UTILIZING THE LAND EAST OF THE FENCE ' LINE ON THE EASTERLY LOT LINE OF SUBJECT PROPERTY AND MAY HAVE ADVERSE RIGHTS TO TIiIS PROPERTY. ' EXISTING LEASES AND TENANCIES. i I"III "III "II'II'I"I III'I"' IIII"I III "II"~II I"I ' 713968 11/0S/1888 12:23P X32 Sera Rleher B of i R 30.00 D 0.80 N 0.80 Ea~l• CO -~ -•-- 22 ,. . COMMUN ~TZ' DEVELOPMENT DEPARTMENT (970) 328-8730 FAX: (970) 328-7185 Email: comdev@eaglecounty.us www.eaglecounty.us July 15 2004 ff~GL~ COUNTY Rich Cunningham Eagle County Director of Facilities Management P. O. Box 850 Eagle, CO 81631 RE : Berry Creek Recreation Tract -Phase III Improvements Eagle County File No. PR-00025 Dear Rich: This is to confirm that the Community Development Department currently has under consideration an application for Phase III improvements to the Recreation Tract (Tract C) in the Berry Creek Miller Ranch PUD. The proposed development is scheduled to be considered by the Eagle County Planning Commission on August 4, 2004, and by the Board of County Commissioners on August 17, 2004. Community Development Staff is recommending approval of the proposed improvements and anticipates approval by the Board of County Commissioners. We will promptly advise you in writing of the decision of the Board. Sincerely, ~ Joseph Fo inash, AICP Planner Copy: Chrono File F \PLANNING\PlanningReview\25BerryCreekRec4111\L.trReG000.DOC Eagle County Building, 500 Broadway, P.O. Box 179, Eagle, Colorado 8163 I -0179 APPENDIX C RESOLUTION Project 04059 7/8/2004 Commissioner ~h~11h-i moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2004- AUTHORIZING EAGLE COUNTY TO ACCEPT THE STATE BOARD OF GREAT OUTDOORS COLORADO TRUST FUND PROJECT AGREEMENT WITH ITS TERMS AND CONDITIONS FOR RECEIVING A GRANT AWARD TO COMPLETE THE FREEDOM SKATE PARK WHEREAS, Eagle County, Colorado (hereinafter referred to as the "County") is a political subdivision of the State of Colorado; and WHEREAS, the State Board of the Great Outdoors Colorado Trust Fund (hereinafter referred to as "GOCO" or the "Board") is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November, 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the State's parks, wildlife, open space and recreational resources; and WHEREAS, the Board created a statewide grant program, pursuant to which eligible entities could apply for grants for Local Government parks and outdoor recreation projects to which the County has responded with a detailed application for the construction of the Freedom Skate Park located on Tract C, Berry Creek/Miller Ranch Planned Unit Development (hereinafter referred to as the "Project Application"); and WHEREAS, the County submitted a Project Application to the Board which contemplates the execution of the construction of the Freedom Skate Park (hereinafter referred to as the "Project"); and WHEREAS, the Board approved the County's Project Application on June 16, 2004, subject to the execution of a detailed grant agreement (hereinafter referred to as the "Agreement"), and subject to the terms and conditions set forth in that Agreement; and WHEREAS, subject to the terms and conditions set forth in the Agreement, the Board has awarded the County the sum not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000.00) (hereinafter refereed to as the "Grant") to fund the Project; and WHEREAS, the grant shall be used by the County solely to complete the Project, as approved by the Board and County agrees to use its best efforts to complete the Project; and WHEREAS, the County supports the completion of the Project; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the County hereby authorizes the Chairman of the Eagle County Board of County Commissioners to execute the Agreement and any and all documents, instruments, papers or other forms necessary to receive the Grant. THAT, the County hereby authorizes the expenditure of funds as necessary to meet the terms and obligations of the Agreement and Project Application. MOVED, READ AND ADOPTED, by the Board of County~ommissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~ day of Q~, 2004. COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS Commissioner Stone ~-~ Commissioner Gallagher Cc Commissioner Menconi _ This Resolution passed by 3 ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:\WM\Reso for Authorization for Chairmen, GOCO Grant for Freedom Skate Park.DOC Commissioner ~~ ~ r~- seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: APPENDIX D PROJECT BUDGET Project 04059 7/8/2004 BUDGET FORM (Please contact GOCO for an electronic copy of this form) Sources of Funds: List all sources of funds for the proposed project includin g grant request from GOCO. List each funding source separately, and list cash contributions separately from in-kind contributions. Each in-kind contribution should be described in detail on the In-Kind Form (page 8). Up to 10% of the total project cost maybe identified for contingency, but GOCO funds may not be used. All administrative costs are ineligible. SO[~RCE OF FUNDS DATE _ SECURED CASH Eagle County 212004 WECMRD 5/2003 BCMD EAMD 2/2004 Arrowhead Metro 2/2004 IN-KIND (Itemize) Gaylord Landscaping and B&B Excavating (also concrete) pledged materials contribution TOTAL SOURCE OF FUNDS USE OF FUNDS DATE TO BE SPENT Design 6-16-04 To 8-15-04 Construction 8-15-04 To 4-15-OS TOTAL USE OF FUNDS Spring ?004 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application GOCO GRANT REQUEST APPLICANT MATCH PARTNER MATCH TOTAL 200,000 219,630 419,630 150,000 150,000 150,000 150,000 173,000 173,000 15,000 15,000 50,000 50,000 200 000 , 219,6 30 538,000 957,630 GOCO FUNDS APPLICANT FUNDS PARTNER FUNDS TOTAL 30,000 30,000 200 000 , 189,630 538,000 927,630 200 000 , 219,630 538,000 957,630 APPENDIX E PROJECT TIMELINE Project 04059 7/8/2004 TIMELINE FORM (Please contact LOCO for an electronic copy of this form) Project Timeline: List all project milestones and their anticipated work period. There will be an opportunity to update the project timeline after grant notification and before executing a grant agreement, and LOCO administration of the project will be based on this timeline. Any proposed changes, including extension and early completion, must be requested in writing and approved in advance by LOCO. Note: Applicant and/or grantee assumes all, financial risk if work on the proposed project begins be ore grant notc: fication. Therefore, the timeline must start after notification date. Also note, while all projects are allowed 24 months for completion, the applicant will be held to the completion date indicated in the timeline. Spring 2004 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application Paee 9 APPENDIX F FINAL REPORT FORM Project aLogNo» Date ~~ G REAT OUTDOORS COLORADO LPOR GRANT FINAL REPORT FORM Proiect Title: Grant Agreement No.: Contact Name and Phone No.: Grantee (Sponsoring Entity): Grantee Contact and Address: Amount of Payment Requested: GRANT AMOUNT: CASH MATCH: IN-KIND MATCH: TOTAL PROJECT COST: REIMBURSEMENT OF GRANT IS MADE UPON PROJECT COMPLETION AND SUBMISSION OF THE FOLLOWING ITEMS: 1) Approved Project Budget; 2) Actual Project Budget; 3) Expense Worksheet; 4) Copies of invoices for all cash expenditures over $1,000; 5) Authorized accounting statement verifying all expenditures, signed by finance department 6) Statements detailing the value of donated services/materials/equipment (In-Kind); 7) Picture of the completed project, with installed Lottery signage. FURTHER INSTRUCTIONS LOCATED ON PAGE 2. Please read the following statement, sign and date below to verify its accuracy. 1. The grantee is in compliance with the terms and conditions of the GOCO Grant Agreement. 2. All project documentation is true and accurate reflecting only those eligible costs incurred and paid to date as described in the project application approved by the Board. The grantee certif:es that it has on file invoices, receipts, contracts, and/or proof of payment for the costs incurred and will maintain those records for inspection by GOCO or GOCO's auditors for a period of five years, in accordance with the GOCO Grant Agreement. By: Date: Printed Name: Title: INSTRUCTIONS APPROVED PROJECT BUDGET (#1). Submit a copy of the budget that was included with the signed grant agreement. ACTUAL PROJECT BUDGET t#2). The budget should identify the actual costs of the project versus what was approved. Use the same budget categories as in the approved budget. We do not expect the actual budget to be the same as what was budgeted, as the total cost is often higher than expected. Include only ELIGIBLE project expenses as stated in the GOCO LPOR application. Some ineligible items include: administrative or travel expenses, non-fixed assets (purchase of tools or equipment), and design, architectural and engineering fees (50% of the total design engineering cost is allowed). Any items omitted from the approved budget should have been previously approved by GOCO staff, however please provide a written explanation of why these items were removed and include it with this report. EXPENSE WORKSHEET (#3). The expense worksheet is a financial breakdown of your actual budget and assists GOCO staff in locating corresponding financial documentation. Include columns for budget category, vendor/description, check number(s), GOCO amount, applicant/partner cash amount, in-kind amount, and total. Each line should be labeled to so that the corresponding financial attachments (invoices, in-kind statements, and the accounting statement) can be located (i.e. A, B, C). INVOICES AND VERIFICATION OF PAYMENT (#4 and #5). Enclose invoices or purchase orders for all cash expenditures. It is very important that all invoices are labeled to correspond with the expense category on your Expense Worksheet. Enclose a certified accounting statement, signed by the finance department. Label the expenses and indicate how each ties directly to the invoices or purchase orders to demonstrate that the item has been paid. Please include project-related expenses only. If necessary, identify project expenses from non- project expenses when an invoice or payment incorporates both. IN-KIND DOCUMENTATION (#6). To demonstrate in-kind contributions of labor, materials and/or equipment: 1) attach invoices or letters from a vendors identifying the value of the donated items, and/or 2) include a written summary of the in-kind contributions. For staff labor, include a summary how the value was obtained (number of hours, number of workers, rate per hour, etc.). Please label the in-kind breakdown(s) to correspond with an expense category on the Expense Worksheet. PICTURES (#7 and #8). Provide picture(s) of the completed project and of GOCO signage. If you have not yet ordered or received your sign, please indicate the expected completion date. To order a free sign from GOCO, please contact Nate Forst at (303} 226-4531 to request a Signage Order Form APPENDIX G OVERDUE GRANT POLICY OVERDUE GRANT POLICY Approved December 12, 2001 CLASSIFICATION DEADLINE PROCEDURE Grant is Current, and Reminder Letter: Staff may, but is not required to send a certified letter ("Reminder Letter") to the "Grantee" (as original due date is LOCO Staff ("Staff') may defined in the Grant Agreement) reminding the Grantee of the due date as defined in the Grant applicable send letter 60 days before the Agreement. Staff also may, but is not required to send copies of the Reminder Letter to the "due date" as defined in Grant project manager, partners, and pertinent elected officials. Agreement. Failure to complete the project by the original due date (or by any extended due dates authorized by GOCO as provided below) may result in deauthorization of the grant by the GOCO Board ("Board") at its next scheduled meeting or at the next quarterly Board discussion of overdue grants, and may also result in suspension of eligibility for that applicant in any pending or future grant cycles. Grant is current, and original staff Extension: If the Grantee desires an extension of the original due date, then within 30 days due date is applicable, but Grantee would like an Must be requested by Grantee within 30 days after date of after the date of the Reminder Letter, or in any event not later than 30 days extension Reminder Letter, or in any prior to the original due date, Grantee shall send via certified mail a written event not later than 3o days request addressed to the Executive Director of GOCO (the "Executive prior to original due date Director") for an extension of time that shall not exceed 90 days ("Request for Staff Extension"). The Request for Staff Extension shall include specific reasons for the requested extension. Staff shall have the discretion to grant one extension, but for no more than 90 days, if they conclude the request is reasonable and warranted. If the Request for Staff Extension is untimely, but is nonetheless received before the original due date, the Staff will have the discretion to determine whether the request for extension can be considered. Staff shall notify the Grantee in writing as soon as practicable of the decision to grant or deny the request for extension. In the event that Grantee desires an extension of more than 90 days, Grantee shall forego the Staff Extension and apply for a Board Extension as provided below. OVERDUE GRANT POLICY Approved December 12, 2001 CLASSIFICATION DEADLINE PROCEDURE Grant is current and either (i) GOCO Board Extension: If the Grantee desires an additional extension (or in the event Grantee elects to original due date has been extended by Staff and Grantee Must be requested by Grantee (i) 30 days prior to expiration forego a Staff Extension in favor of seeking a Board Extension), then Grantee desires a further extension of staff Extension; or (ii) if shall send via certified mail addressed to the Executive Director, no later than from Boazd or (ii) Grantee foregoing Staff extension, 30 days prior to the (i) expiration of the Staff Extension or (ii) original due date elects to forego Staff then within 30 days of (in the event Grantee has elected to forego a Staff Extension), a written request Extension in favor of seeking expiration of original due date of the Board for an extension of time ("Request for Board Extension"). The Board extension Request for Boazd Extension shall include specific reasons for the requested additional extension. The Request for Board Extension maybe considered by the Board at its next scheduled meeting or at the next quarterly Board discussion of overdue grants. In the meantime, as long as a timely request for extension is pending, the grant will not be considered overdue. The Board shall have the sole discretion to grant or deny the requested extension. If the Request for Board Extension is untimely, Staff shall have the discretion as to whether to present the untimely request to the Board for consideration. If the Boazd grants an extension that exceeds six months, a status report must be provided by the Grantee to the Board at the halfway point in the extension. If the status report fails to demonstrate to the Board's satisfaction the likelihood Grantee can complete the project in accordance with the Grant Agreement and with such further conditions as shall have been determined by the Boazd in connection with the grant of an extension to Grantee, then the following Deauthorizationprncedures maybe instituted. The Staff shall notify the Grantee in writing as soon as practicable of the Boazd's decision to grant or deny the request for extension. Grant is overdue (e.g., the Possible If Grantee has not fulfilled all GOCO requirements such that funding of the GOCO grant awazd original due date or extended Deauthorization: is completed in accordance with the terms of the Grant Agreement by the original due date or Due Date(s) have passed) Staff will send any extended due date(s) as granted by GOCO pursuant to the terms hereof, a certified letter Deauthorization Warning (°Deauthorization Wazning") will be sent to Grantee by Staff as soon as practicable, but no later within 60 da s followin than 60 days after the applicable due date has passed. A copy of the Deauthorization Warning b i y g may, ut s not required to be sent to the project manager, partners, and pertinent elected the original due date or officials associated with the grant. The Deauthorization Warning will state that the grant shall extended Due Date(s) be presented to the Boazd for deauthorization or other appropriate action at the next scheduled Board meeting or quarterly Board discussion of overdue grants, and that the Grantee must respond in writing to the Deauthorization Warning at least 14 days before such Boazd meeting. If the reply to the Deauthorization Warning includes a Request for Boazd Extension but is untimel because it is received b the Executive Director less than 14 da before such Boazd OVERDUE GRANT POLICY Approved December 12, 2001 CLASSIFICATION DEADLINE PROCEDURE meeting, Staff will have the discretion to determine whether the request for extension can be considered. At such meeting, the Board shall have the sole discretion to deauthorize the grant, extend the Due Date or take any other action it deems appropriate, including but not limited to modifying the terms and conditions of the grant award. Staff shall notify the Grantee in writing as soon as practicable of the Board's decision. If an extension is not granted, a written Notice of Deauthorization will be sent to the Grantee. If the Boazd extends a grant for six months or more, then the Grantee must provide the Board with a written status report at the halfway point in the extension. If the status report fails to demonshate to the Board's satisfaction the likelihood Grantee can complete the project in accordance with the Grant Agreement and with such further conditions as shall have been determined by the Boazd in connection with the grant of an extension to Grantee, then the foregoing Deauthorizationpmcedures will be reinstituted. Any unexcused failure to respond to a Deauthorization Warning will result in an automatic deauthorization ofthe grant and will result in suspension of eligibility for that applicant in any pending or future grant cycles. Anything else to the contrary notwithstanding, no exercise by the Staff or Board of any right or discretion reserved by either of them hereunder shall be deemed an election, and no waiver by the Staff or Board of any action or requirement of Grantee shall constitute a waiver of any other requirements or actions, nor shall any waiver granted be deemed a continuing waiver. No waiver by the Staff or Board shall be effective unless in writing executed by them. Additionally, any failure by the Staff or Board to take any actions as set forth above shall have no legal effect on the contractual duties of the grantee under the Grant Agreement. ~4 ~' GREAT OUTDOORS C OLORADO The agreement must be signed by the appropriate official identified in the resolution. Please return two signed copies to GOCO within 30 days, or by August 10, 2004. Your grant maybe deauthorized if not received by this date, so please notify us of any delays. We will return a signed copy of the grant agreement and a copy of the submitted application for your records. Please note, work on the project may not begin until an executed grant agreement signed by Eagle County and GOCO has been completed. I look forward to working with you. Please do not hesitate to call with any questions. Sincerely, Aimee Wesley Program Coordinator Enclosure Grantee Acknowledgment: On behalf of the grantee, I acknowledge that the grant amount listed above is the maximum amount possible to receive for this project, and that GOCO's matching requirements must be met to qualify for the full award. I also acknowledge that the anticipated payment dates for this grant are estimated, and actual distribution is dependent upon sufficient net loth proceeds being available to the Board. Title: C. h rp-~,e,~ ~--.:~" ,~ .. GREAT OUTDOORS COLORADO July 8, 2004 RECEIVED JUL 12 2004 Mr. Rich Cunningham, Director of Facilities Management FACILITIES MANAGEMENT Eagle County 500 Broadway, P.O. Box 850 Eagle, CO 81631 Re: Grant Agreement for Freedom Skate Park, GOCO log # 04434 Dear Mr. Cunningham: Congratulations on receiving a grant award from Great Outdoors Colorado (GOCO). Enclosed are two copies of the grant agreement for your project, Freedom Skate Park. Please read the contract carefully as it will be the official agreement between Great Outdoors Colorado and the grantee. The reimbursement funds for the final payment, less requested progress payments, available upon completion of the project, will be disbursed during the quarter from April to June in 2005, subject to sufficient net lottery proceeds being available to the Board. As indicated in our June 16, 2004 award letter, a progress payment, equaling no greater than 50% of the grant award, will be available upon GOCO's receipt and approval of the appropriate progress payment request documentation. The progress payment documentation must support all project expenses and must provide proof that the incurred expenses have been pain in full. Please use the following checklist to ensure the grant agreement contains all information required for review and GOCO signature. Samples of each are attached. Also, please indicate the anticipated progress payment request date in each grant agreement. ^ A revised budget reflecting the actual grant amount ($200,000.00), making changes if necessary to increased applicant and/or partner funding to cover any difference between requested and awarded amounts; or any other agreed upon changes that may affect the overall scope and cost of your project. ^ A revised timeline, which reflects GOCO's award date and anticipated payment date. Completion of the project must fall prior to June 16, 2006. ^ A resolution authorizing execution of the contract by the sponsoring entity. Be aware that any proposed changes to the project must be requested ir,- writing and approved in advance.