No preview available
HomeMy WebLinkAboutC07-041 GOCO Grant AgreementGRANT AGREEMENT PROJECT: DATE: Project Title: a. Contract Number_ 07029 b. Project Location/Address: Completion Date: December 12, 2008 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund Address: 1600 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: Siri Nelson Contact Title: County Engineer Telephone: (970) 328-8600 Facsimile: (970) 328-8629 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"). 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 Project Application is incorporated by reference and attached as Appendix A. Project 07029 Created on 7/11/200610:18 AM D. The Board approved Grantee's Project Application on 12/12/2006, subject to the execution of a detailed grant agreement, and subject to the terms and conditions set forth herein. For purposes of this Agreement, the "Project" shall be defined as the project described in the Project Application, as the same may be modified pursuant to the terms of this Agreement. E. The parties intend this agreement to be the detailed final grant agreement required by the Board (the "Agreement"). AGREEMENT NOW, THEREFORE, in consideration of the parties' mutual covenants 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 Project. Subject to the terms and conditions set forth in this Agreement, the Board hereby awards to Grantee a sum not to exceed $100,000.00 (the "Grant"). The Grant shall be used by Grantee solely to complete the Project, in substantial conformity with the final plans, specifications, designs and uses approved by the Board. 3. Project Scope. Grantee shall not materially modify the Project without the prior written approval of the Executive Director of GOCO; ("Executive Director"), such approval to be in GOCO's sole discretion. Any material modification to the Project undertaken without GOCO's prior written consent may be deemed a breach of this Agreement by GOCO, entitling GOCO to all remedies available under this Agreement. 4. Grantee Efforts. Grantee shall complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the Project. 5. Matching Funds. Except as otherwise specifically provided under Paragraph 7e, below, prior to funding of the Grant by GOCO, 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, and shall provide such evidence of the same as GOCO may require in its discretion from time -to -time. 6. Representations and Warranties of Grantee. a. Grantee is a municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement; Project ((Request—Reference—. Number» 6/28/2006 b. Grantee's city council has authorized entering into this Agreement as evidenced by the resolution attached hereto as Appendix B; C. Grantee has fee simple title to the property on which the Project is to be located (the "Property"), as evidence by the documentation attached hereto as Appendix C, and no other restrictions, liens, easements, rights of way, encumbrances or other matters have been made of record against the Property. GOCO may require Grantee to provide an Ownership and Encumbrance report satisfactory to GOCO in GOCO's discretion prior to funding. If the Property is not under control of Grantee, the Intergovernmental Agreement attached hereto as Appendix I, between Grantee and the property owner submitted with the Project Application and attached hereto as Appendix A continues in effect and unmodified; and, d. No material modifications have been made to the Project Budget (the "Budget") and Project Timeline (the "Timeline") for this Project (which are attached hereto and incorporated herein as Appendix D and Appendix E respectively). Grantee hereby agrees to promptly submit all material revisions to their Budget and Timeline for advanced written approval by GOCO, which approval shall be in GOCO's sole discretion. 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 judgment, substantially different in quality or kind from that approved by the Board under this Agreement, or (ii) delays in the implementation of the Project have occurred which, in the Board's judgment, make the Project impracticable; 7. Information to be Provided Prior to Disbursement of Funds. Except as set forth in Paragraph 7.£, below, prior to any disbursement by the Board of any grant funds for the Project, the Grantee must provide the Board with the following: a. Written certification from the Grantee that the Project has been completed according to the Budget, the Timeline and in accordance with applicable governmental requirements, along with delivery of the Final Report project expenditure documentation detailed in Appendix F (the "Project Expenditure Documentation"), and such other reports or documentation as may be required hereunder or as otherwise determined in the discretion of GOCO; b. Written certification from the Grantee that the matching funding has been received as outlined in the Budget; C. Written certification from the Grantee 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 consented to such changes); d. All permits and approvals required for completion of the Project under applicable local, state and federal laws and regulations have been obtained; e. Special Project Conditions: Project aRequest_Reference- Number» 6/28/2006 8. Conditions for Disbursement of Funds. Except as provided in Paragraph 9, below, the Grant funds hereunder are subject to the following requirements and conditions: a. The Grant funds shall only be used for the acquisition of 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 may be used toward the match as described in the Project Application. b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by Grantee and supported by written documentation (receipts, bills, etc.). A reduction in total Project cost or a reduction in Grantee's matching funding may result a proportional reduction in the grant award in GOCO's sole discretion. GOCO may, in its discretion, depending on the nature of the Project, require documentation of mechanics lien waivers or waivers of claims to public project performance bonds as a precondition to any disbursement under this Agreement. C. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this Agreement, no material modifications have been made to, or material delays in the Timeline experienced by, the Project. d. Full and final payment of the Grant funds will be made to Grantee upon completion of the Project, and submission and approval of the Project Expenditure Documentation and such other information as is required under this Agreement, including without limitation, the information required under Paragraphs 6 and 7, above. e. Grantee shall submit a written request for reimbursement as outlined in the Project Expenditure Documentation prior to the completion date. Projects are considered completed when all anticipated land has been acquired, and all facilities, trails or other improvements included in the Project as approved have been built and are ready for their intended use. 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. 9. Waiver. The Executive Director or the Executive Director's designee may in such person's discretion, waive or agree to modify one or more of the obligations in sections 6, 7 or 8 of the Agreement, or may permit performance of one or more of such obligations subsequent to disbursement. 10. Payment of Grant. Subject to GOCO's determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant and subject to the provisions of Section 19 of this Agreement and upon satisfaction of all the conditions set forth in Paragraphs 6, 7 and 8 hereof, the Board shall disburse the funds for the Grant as follows: Project «Request_Reference_ Number» 4 6/28/2006 $100,000 during the quarter from April to June of 2007. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable in its discretion, including, but not limited to, adequate reserves, funding requirements and/or commitments for other past, current and future grants, and past, current and future GOCO operating expenses and budgetary needs. This reimbursement schedule is a reflection of the scenario chosen by Eagle County for payment on the Eagle County Freedom Spray Park project, 07029. 11. Project Operation and Maintenance. Grantee agrees: 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 from the date of completion of the Project, in accordance with generally accepted standards in the parks/recreation/wildlife community. GOCO shall not be liable for any cost of such maintenance, management or operation. Failure to operate and maintain the Project in accordance with the terms hereof may be deemed a default by Grantee under Paragraph 21, below. b. Within 60 days of request, Grantee will provide the Board with adequate records reflecting the operating and maintenance costs of the Project and provide the Board with such other information concerning the use of the Project by the public and the impact of the Project as the Board may reasonably request. C. The Board requires that a Restrictive Covenant for a period of 25 years be executed by the parties in the form attached hereto as Appendix G, which shall, upon completion of the project and/or acquisition of the Property by the Grantee, (but in any event prior to the provision of final funding hereunder by GOCO), be recorded in the real estate records for the County in which the Property is located, and which shall require that the Property and the Project be used for the 25 year period for the purposes set forth in the Application and approved hereunder. 12. Public Access. Grantee agrees, for itself and its successors in interest, to allow reasonable access to the members of the public 'to the Project. 13. 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 and hold the Board harmless from any liability for any failure to comply with any such applicable requirements. Project (�Request_Reference- Number» 6/28/2006 14. Nondiscrimination. During the performance of this Agreement, the Grantee and its contractors, subcontractors and agents 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, or any other basis prohibited by local, state or federal law. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Further, during the performance of this Agreement, the Grantee and anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting access and use of the Project. 15. 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 or the Board's designee in advance in preparing public information pieces related to the Project; C. Grantee shall give the Board the right and opportunity to use information gained from the Project; d. Grantee shall erect and maintain a sign at a prominent 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. i. Any permanent sign(s) design materially varying from the signs provided by GOCO shall be approved in advance by GOCO. To obtain such approval, Grantee shall submit to GOCO 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. ii. Final payment may be withheld by the Board pending placement of permanent signage and photographs submitted in the manner approved by the Board; e. Grantee shall give the Board a minimum 30 -day notice of an 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; g. Grantee shall provide quality photographs or slides of the completed Project upon request of GOCO; and Project «Request_Reference— Number» 6/28/2006 h. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO. 16. Liability. a. Grantee shall be responsible for, and to the extent permitted by law (including any constitutional or statutory limitations on the ability of a governmental entity to provide indemnification), indemnify, defend and hold harmless the Board, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs (including reasonable legal 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. Grantee acknowledges that Grantee is the owner of the Project and the Property upon which it is located, or has control of the Project and the Property, and that GOCO neither possesses nor controls the Project, the Property, nor the operations of the Project. b. Anything else in this Agreement to the contrary 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 similar 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 Board 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 may be 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. 17. 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 not less than five (5) years 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. While the Grantee is not required to use GAAP (Generally Accepted Accounting Principles), the Grantee shall use reasonable and appropriate accounting systems in maintaining the required records hereunder. 18. Inspection. Throughout the term of this Agreement (25 years from date of this Agreement, unless otherwise agreed in writing), GOCO shall have the right to inspect the Project area to ascertain compliance with this Agreement. Project «Request Reference= Number» 7 6/28/2006 19. 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) any material changes in the scope or nature of the Project have occurred from that which was presented in the Project Application (and such material change(s) has not received the prior written approval of GOCO), (C) any statement or representation made by the Grantee in the Project Application or this Agreement is untrue, inaccurate or incomplete in any material respect, (D) the results of GOCO's Project Expenditure Documentation review are not acceptable to GOCO; (E) GOCO determines in its discretion that the Project cannot be completed within the Timeline or any extensions granted thereto, or within the Budget or any modifications granted thereto; or (F) sufficient net lottery proceeds are not available to fund the Project. 20. Completion Date. Grantee shall complete the project no later than (December 12, 2008) (the "Completion Date") which is two calendar years after the Board's approval of the Project... 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 H ("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. If the Grantee determines with reasonable probability that the Project will not or cannot 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. 21. Breach. In the event that the Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, the Board may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following: a. Prior to payment of Grant: i. Withdraw the Grant and terminate this Agreement; and, ii. Deny the Grantee eligibility for participation in future Board grants, loans or projects. b. After payment (partial or full) of Grant: i. Deny the Grantee eligibility for participation in future Board grants, loans or projects; ii. Seek specific performance of the Grantee's obligations under this Agreement; iii. Receive reimbursement in full of the original Grant, The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity. In the event GOCO must pursue any remedy hereunder and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. Project ((Request—Reference— Number» 6/28/2006 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 material to the other party. 23. Assignment. Grantee may not assign its rights under this Agreement without the consent of the Board, which consent shall be in the discretion of the Board. Any assignment shall require, at a minimum, that the assignee assume Grantee's ongoing obligations under this Agreement. 24. Applicable Law. This Agreement shall be governed by the laws of the State of Colorado and venue for any dispute hereunder shall lie exclusively in the State Courts of the City and County of Denver. 25. No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee or other relationship between the parties hereto other than independent contracting parties. Except as permitted under the remedies provisions hereunder, neither party shall have the express or implied right to act for, on behalf of, or in the name of the other party. 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 and the parties' covenants hereunder shall survive the funding of the Grant and the acquisition of the real property interest by Grantee. 29. Fax and Counterparts. This Agreement may be 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. Waiver. The failure of either party to enforce a term hereof shall not be deemed a waiver of such term or right of enforcement as to that breach or any subsequent breach of the same, Project «Request_Reference- Number» 9 6/28/2006 similar or different nature. No waiver shall be enforceable hereunder unless signed by the party against whom the waiver is sought to be enforced. 33. 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(k day oFu2007. STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND John Swartout Executive Director Project aRequest_Reference- Number» 10 6/28/2006 APPENDIX A PROJECT APPLICATION (Please include the entire grant application, as submitted in August of 2006.) Project ((Request—Reference—_ Number» 6/28/2006 ENGINEERING DEPARTMENT (970) 328-3560 FAX: (970) 328-8789 TDD (970) 328-8797 www.eaglecouny.us August 23, 2006 EAGLE COUNTY Great Outdoors Colorado Attn: Local Parks and Outdoor Recreation Grant Program 1600 Broadway, Suite 1650 Denver, Colorado 80202 Re: Eagle County Government Freedom Spray Park Application To Whom It May Concern: HELEN MIGCHELBRINK, P.E. County Engineer The Eagle County Government is submitting the enclosed application entitled, Freedom Spray Park, for your consideration for the Great Outdoors Local Park and Outdoor Recreation grant. Thank you for taking the time to review our application; we look forward to hearing from you. Sincerely, EAGLE COUNTY FACILTIES MANAGEMENT DEPARTMENT Peter Fra ick, E.I.T. Senior Facilities Engineer EAGLE COUNTY ENGINEERING DEPARTMENT 714, Siri E. Nelson, E.I.T. Engineer I enclosures xc: Helen Migchelbrink, County Engineer Chrono/File Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 Eagle County Government Freedom Spray Park Fall 2006 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application Signed Summary Form PARTICIPANT INFORMATION i. Applicant: 5. Primary Partner (if any): Eagle County Government Western Eagle County Metropolitan Recreation District (WECMRD) 2. Applicant Address: 6. Partner Address: P.O. Box 850 P.O. Box 246 500 Broadway 113 East 4t' Street Eagle, Colorado 81630 Eagle, Colorado 81631 3. Applicant Contact Name: 7. Partner Contact Name: Helen Migchelbrink Steve Russell Primary Contact? q YES Primary Contact? 4 NO Title: County Engineer Title: Recreation Director Telephone #: 970-328-3560 Telephone #: 970-328-6909 Fax #: 970-328-8789 Fax #: 970-328-6955 E-mail: helen.migchelbrink@eaglecounty.us E-mail: Steve@wecmrd.org Attended Technical Assistance Workshop? Attended Technical Assistance Workshop? NO Location/Date: n/a YES Location/Date: Loveland, June 2006 4. County: 8. City (physical location of project): Eagle County Edwards, Unincorporated Eagle Count PROJECT INFORMATION 9. Project Title: Eagle County Freedom Spray Park 10. Grant Request: $ 100,000 Total Project Cost: $ 200,000 11. Brief Description of Project (In 250 words or less, describe the components of the proposed project): The Spray Park will be an eight hundred (800) square foot concrete pad with twenty-one (2 1) spray jets and aboveground play features for all ages. The design includes a sidewalk and fencing around the perimeter and a shade structure. The project is located at Freedom Park, Berry Creek Recreation site, Edwards, Colorado. 12. Will Conservation Trust Fund dollars be used in this project? No If yes, how much? $ N/A 13. Authorized Signature: Date: Printed Name and Title: Helen Migchelbrink, County Engineer Date Eagle County Government, Freedom Spray Park Fall 2006 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application Budget Forms Eagle Countv Government, Freedom Spray Park Fall 2006 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application -1 j O N x U F Q C) O O GL' O O O O W F � a x Q O O O � � O .a a F UD'' o V A F" O O O A U Q Q A � W Q � W 2 O F O U � W i H � o 0 O O o 0 0 0 0 00 0 0 O ,`" 0 0 0 0 0 o0 0 M N 00 O M N N O O N A z w o 0 o z 0 0 Q a A z fs O z � o 0 O 00 0o c c o Q C O � O N � to N O N O a� �N•^ V•i to Q� � a a Q A O a o o 0 o O o 0 0 0 O O O O 00 c) p N O C) W z O O O O p p 0 O W O N O N O Cl O O O O O 0 O O 0 0 O 0 0 O 0 0 OO 0 0 N N N N N N M N N N M N N N N N N M N N M N M O N M N C-4 L7 _ i'Y O 0 o .� 3 -14 q c o -14 w C6 [X.-� Cc D � -��, 3 5 o U M a rL U Q rn F O E �kplanation of In-Kind Forn PROFESSIONAL HOURS HOURLY WAGE TOTAL SERVICES OFFICE OFTHE BOARD OF COMMISSIONERS 1970) 328-8605 FAX: (970) 328-8629 TDD (970) 328-8797 Email: eagleadrnin C(D-eaglecountyus www.eaglecountyus August 8. 2006 EAGLE COUNTY The State Board of Great Outdoors Colorado 1600 Broadway. Suite 1650 Denver, Colorado 80202 Re: Local Government Parks and Outdoor Recreation brant Freedom Spray Park Proposal Dear GOCO Board Members: PETER F. RUNYON TOM C. STONE ARN M. MENCON! The Fagle County Board of County Commissioners enthusiastically supports the application being submitted for design and construction of a spray park on a county owned parcel in the Edwards area of Eagle County kno,-vri as the Berry Creek 5`I' Filing. Since the County purchased Berry Creek 5'h Filing in 2000, the County has funded, planned, designed and constructed the following projects: Miller Ranch Road, Miller Ranch Bridge, soccer fields, baseball fields, sand volleyball courts, a playground, skate park, pond, picnic shelter, and bathrooms. With the nearest swimming pool being in Avon, we feel that a eater park in Edwards would greatly benefit the community. In addition to maintaining; the existing fields and parks at Freedom Park, the Western Eagle County Metropolitan Recreation District (VIrECMRD) has agreed to operate and maintain the spray park, and has appropriated adequate funds to do so. We believe that this project will be a tremendous asset to the entire Eagle River Valley and we strongly encourage you to consider and approve this application. Sincerely, FAGLE COUNTY BOARD OF COUNTY COMMISSIONERS Peter Runyon ChaimTan Eagle COMIty Building. 500 Broadway, PO. Box 850, Eagle, Colorado 8 1 63 1-0850 Completed Environmental Checklist 1. Species of Concern. Is it likely that plant or wildlife species of concern are present on the proposed project site? No. The property on which the proposed spray park is located was granted Planned Unit Development (PUD) zoning in 2002 and underwent environmental clearance at that time. The PUD consists primarily of residential, recreational and educational facilities near the community center of Edwards. The spray park will be located within Freedom Park, an active recreation parcel within the PUD that has soccer fields, playgrounds, picnic shelters, bathrooms and a parking lot. The specific site for the spray park is in an already disturbed corner of an existing gravel parking lot. • Federally listed threatened or endangered species N/A - There are no federally listed threatened or endangered species identified. • Species that are rare or have limited range in Colorado N/A — There are no rare or limited range species identified. 2. Habitat Value. How important, productive, or pristine is the wildlife habitat in the project area? There is no wildlife habitat within the project area as it is proposed on the corner of an existing gravel parking lot within an active recreational area near a community center. • Existing development or human impacts to the proposed project area The proposed project area is directly adjacent to a heavily used recreational site within the mixed use PUD as described above. • Critical habitat for a particular species, or an area with high value for nesting, feeding or calving N/A — There are no critical habitats or areas for high value for nesting, feeding or calving within the project area. 3. Potential Impacts. In what ways will the project have, or potentially have, an impact on wildlife? It is not anticipated that the project will have any potential impacts on wildlife as required to be demonstrated during the local PUD land use approval process. • Disturbance of sensitive species during rest, feeding, or reproductive cycles N/A — There are no sensitive species present. • Loss or reduction of habitat N/A - There is no habitat to be lost or reduced. • Intrusion into areas with little existing human impacts N/A — The current human impacts are high and as such, there will be no additional intrusion. 4. Mitigation. How will these impacts be addressed? Although no wildlife impacts were identified during the PUD process, several mitigations were imposed upon the development consisting primarily of bear -proof trash receptacles and pet control provisions. • Alternative design or trail route selection N/A — No alternatives were deemed necessary for the spray park and this is not a trail project. Eagle County Government, Freedom Spray Park Fall 2006 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application • Screening of users from wildlife area, protection of critical habitat, channeling use through less sensitive areas The project area is not near a wildlife area or critical habitat and users of the spray park will enter from the internal street system within the community center. • Management of users and related activities with signs, fencing, and education programs N/A — Signs and fencing will be directly associated with the spray park, focused on safety. 5. Benefit. How is the project planned to have a positive impact on wildlife? By constructing a man-made spray park near an already active recreational area, the general public will visit this area near the community instead of traveling to other areas of Eagle County where wildlife would be present. • Habitat improvement such as restoration of wetlands, river corridor clean-up, or plantings for cover nesting N/A — None is deemed necessary. • Education of users through environmental education programs, opportunities for "watchable wildlife," and wildlife impact monitoring N/A — None is being considered as this is not near any wildlife habitat. Principle source of information: (e.g. Colorado Division of Wildlife, Colorado Natural Heritage Program, local agency, staff biologist, consultant) Berry Creek/IVliller Ranch Sketch/Preliminary Plan Application Section 3.5 Environmental Impact Report is attached to the application as a reference (see Appendix n Printed name, title and telephone number of person consulted: Raymond P. Merry, REHS, Director Eagle County Environmental Health Department (970) 328-8757 Signature of person consulted: 'a /a 3 D co (o Eagle County Government, Freedom Spray Park Fall 2006 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application Response to Selection Criteria Questions I. Characteristics Eagle County is located in central, mountainous Colorado and is the home of two world class ski resorts, Vail and Beaver Creek. Many of Eagle County's residents live here to take advantage of the vast outdoor recreating that the area has to offer. The local community is accustomed to spending their free time outdoors year-round. In the winter, tourists visit from all over the world to ski, snowboard, nordic ski and snowshoe. The summer is very popular for fishing, hunting, cycling, camping, and hiking. Locals are physically active and family oriented. With outdoor recreating being a high priority for locals, the Eagle County Government is proposing to build a Spray Park at Freedom Park. The central location of Freedom Park, its astounding public usage, and the lack of free water -related activities for the public are driving the need to build a Spray Park in this location. Eagle Eagle County, Colorado Eagle County includes a number of small, distinct communities and towns including Vail, Eagle, Basalt and Edwards (see map above) among others. With a total population of 47,990 (census, 2004), over 50% live in unincorporated Eagle County. Edwards is the largest community in unincorporated Eagle County with an estimated population of 9,500. Freedom Park (see Appendix A), the proposed location for the Spray Park, is a county owned parcel (see Appendix H) and is located in Edwards. With the Town of Eagle only 16 miles west and the Town of Avon only and 4 miles east, Edwards is an ideal location for a Spray Park. We estimate that people from all over the County will travel to cool off in the Freedom Spray Park. Eagle County Government, Freedom Spray Park Fall 2006 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application i Freedom Park (see Appendix B), Eagle County's main recreation complex, has been built over the past three years and currently has three sports fields (2 turf, 1 artificial turf) that are used for soccer and lacrosse. Eagle County built these fields in 2003 at a cost of $1,600,000. In addition, there are two baseball/softball fields that were completed in 2004 at a cost of $600,000. A well-received Skate Park, shade structure, and popular playground opened in 2005. These additions have provided greatly needed amenities for children ages 8 and up. During the summer, these facilities are occupied from dawn to dusk. During winter months, despite cold temperatures, it is not uncommon for the Skate Park to be shoveled free of snow by skate boarders and ridden on a sunny afternoon. Freedom Park continues to grow. A new family restroom will be complete this year which will eliminate dependence on portable toilets. This heated restroom facility will have 2 baby changing stations, a drinking fountain, maintenance closet, and new bike racks. In addition, a new maintenance shed and sand volleyball court have been constructed. The existing gravel parking lots are going to be paved next summer. Future development in the immediate vicinity include a high school, recreation center and an outdoor basketball court. The Spray Park will be located near the entrance of Freedom Park, adjacent to the new bathrooms and the shade structure. The Spray Park will be designed and the equipment will be supplied by Waterworks International. Waterworks International has designed and built several Spray Parks both locally and nationally (see Appendix Q. The Spray Park will be compatible with surrounding uses and the spray pad itself will be an approximately 800 square foot unique and graceful shape that will blend well with the existing landscape (see Appendix D). A rough finish will be durable and slip resistant when wet. The pad will consist of 21 spray jets. A wide array of jets will be used including jumping jets, pop jets, a hoop spray tunnel, an umbrella water feature, and a tippy bucket feature (see Appendix E). The above ground water features will be installed to ensure that this Spray Park is ultimately fun for the children. The Western Eagle County Metropolitan Recreation District (WECMRD) currently operates and maintains the existing fields and facilities at Freedom Park. WECMRD and the Eagle County staff have been working together throughout the design process. After the Park is built, WECMRD has agreed to operate and maintain the Spray Park in addition to the other facilities at Freedom Park. An additional perk to placing the Spray Park in this location is that it is near all of the necessary utilities. The water main and electric line were recently extended to the new bathrooms. The storm sewer system is located just east of the Spray Park site. Tie-in to these utilities will be much easier now that they are in the general vicinity of the Spray Park. Water quality and health concerns were a great concern for the park design. The Eagle County staff has been working with the Colorado Department of Environmental Health to determine the best solution. After careful consideration, it was determined that potable water would be used at the park along with a flow through system. The used water will not be recirculated, but used instead for irrigation. Additionally, our most valued resource, water consumption, was a concern. In order to mitigate water consumption, a shut off timer will be installed to keep the park from running indefinitely; additionally, low flow water features will be installed. Eagle County Government, Freedom Spray Park Fall 2006 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application II. Need There are no Spray Parks or swimming pools located in the community of Edwards, forcing families to commute outside of their community. A small children's fountain located in the Town of Vail is 13 miles east of Edwards and is primarily geared for tourists. Swimming pools are located in Eagle (16 miles west of Edwards), Eagle -Vail (10 miles east Edwards), and Avon (4 miles east Edwards), however, the costs to swim in the pools range from $4.00 to $15.00 per day. The Freedom Spray Park would be the only interactive water feature available to the public for free in the Edwards Area. Freedom Park directly neighbors Miller Ranch, Eagle County's first public-private affordable housing development. Miller Ranch contains 282 affordable housing units as well as a child care center that was completed in the summer of 2006. The Spray Park will be an additional benefit for the families of Miller Ranch as well as the children of the Miller Ranch Day Care facility. A new Spray Park will provide opportunities for tots and young children to interact with parents in a safe, enjoyable format. However, usage of the Spray Park will not be limited to children. People of all ages are expected to use the new facility from Memorial Day through Labor Day weekend. With summertime temperatures reaching into the 90's, and a naturally dry climate, a Spray Park will be a welcome addition to this recreation complex. It is estimated that thousands of people, including locals and tourists, visit Freedom Park on a weekly basis. This demand will continue to grow as more amenities are constructed and as the population of Eagle County swells. III. Urgency In 2007, Eagle County is planning on paving the Freedom Park Parking Lot as well as constructing sidewalks, curb, gutter, and handicap facilities to the recreation fields. To make the best use of Eagle County funds, the Spray Park will be constructed in conjunction with the Parking Lot improvements. Having one contractor complete all of the concrete work at once will save the County a considerable amount of money. Eagle County is also in need of a free interactive water facility for local families. With the daily fees for swimming pools ranging from $4.00 to $15.00 per person, it is difficult for many local families to afford swimming in the summer. With the affordable housing unit, Miller Ranch, only a few hundred yards from the Spray Park, many children will be able to safely walk to the Spray Park to cool off in the summer months. The Spray Park proposal is dependent upon the momentum and support already gained by the public and two public entities. In addition, support by the current Board of County Commissioners is strong for this project. However, an upcoming November election will change one of the three members of the Board. The new Board may choose to allocate available funds for this project in a different manner. If GOCO funds are not approved this year, the project could be shelved indefinitely or turned down completely. Eagle County Government, Freedom Spray Park Fall 2006 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application IV. Multiple Uses and Accessibility Multiple Uses: A Spray Park is most often used by children and young adults. The park will be adjacent to soccer and baseball fields. It is anticipated that athletes of all ages will use the Spray Park as a way to cool down after a soccer or baseball game. Spray Parks can also become fun for spectators who aren't interested in getting wet. People of all ages including senior citizens, will be able to enjoy watching the kids play in the water from the sidelines. Spray Parks are also fun for spectators who aren't interested in getting wet. People of all ages will enjoy watching the kids play in the water from the sidelines. Finally, careful attention will be made to the aesthetic quality of the park. The concrete pad will be designed in a pleasing fashion creating a visually appealing entrance to the Freedom Park recreation complex. Accessibility: This Spray Park will be accessible via a variety of transportation options. • It is a stop for the County -wide public transportation system (ECO) • Immediately adjacent to a large parking lot • Directly on a paved bicycle trail with nearby bike racks • Wheel chair and skateboard accessible • Close proximity to Interstate 70 • Within walking distance of a community college, several neighborhoods, stores, and a middle school From an accessibility standpoint, the proposed location is unrivaled anywhere in Eagle County (see Appendix A). V. Public Process and Plan Eagle County has considered a Spray Park for Freedom Park since the inception of the recreation master plan. Originally, a circular Spray Park was envisioned for Freedom Park in Edwards. The Eagle County Board of County Commissioners (BoCC) was especially interested in building this Spray Park as long as safety, water usage, and maintenance measures were thoroughly reviewed. The Eagle County Engineering and Facilities Management Departments collaborated with a Spray Park specialist, Waterworks International, and WECMRD to design the Spray Park. Eagle County Commissioner Tom Stone attended a WECMRD meeting on April 19, 2006 to discuss the project. WECMRD was very excited about the possibility of having a Spray Park onsite and pledged $20,000 towards the project as well as operating and maintaining the park on a daily basis as part of their regular maintenance routine (see Appendix F). Eagle County Government, Freedom Spray Park Fall 2006 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application Eagle County Commissioner Tom Stone and Eagle County Engineering and Facilities Management staff attended an Edwards Metropolitan District (EMD) Meeting on April 20, 2006 to discuss the project. EMD showed overwhelming support for the project and donated $20,000 (see Appendix F). VI. Matching Funds The Freedom Spray Park proposal is a great example of a cooperative community effort. Three government agencies have joined together; communication and collaboration have been strong, encouraging a great outcome. Eagle County: $60,000 WECMRD: $20,000 Edwards Metro District $20,000 GOCO: $100,000 The total estimated cost of this project is $200,000. The equipment for the Spray Park includes 21 jets, 4 sump drains and an activation bollard post (see Appendix E). The cost for all of these parts is $33,945; $16,972.50 of which will be supplied by Eagle County and $16,972.50 will be matched by GOCO. The aboveground features for the Park will cost $22,000; $11,000 provided by WECMRD and EMD and $11,000 by GOCO. A fence will be placed around the perimeter of the Park that faces the parking lot. The fence and its installation will cost $8,555. Eagle County funds will pay for $4,277.50 and GOCO dollars will pay for $4,277.50 A shade structure will be provided next to the concrete pad so that family members and friends can sit in the shade and watch the children play in the jets. The shade structure is estimated to cost $10,000; $5,000 of which will be provided by Eagle County and the other $5,000 being matched by GOCO. The water and storm sewer utility line extensions and hook-ups are estimated to cost $34,000. WECMRD and EMD will contribute $15,000, Eagle County will contribute $2,000 and GOCO will contribute $17,000 for this utility work. The electrical work needed to run the jets is estimated to cost $20,000. Eagle County funds will pay for $10,000 and GOCO will pay the other $10,000. Excavation and the placement of base materials are estimated to cost a total of $15,000. WECMRD and EMD will fund $5,000, Eagle County will fund $2,500 and GOCO will match by contributing $7,500 for the site preparation. The construction of the concrete slab, curb, gutter, sidewalk and installation of the water features is $56,500. WECMRD and EMD will contribute $9,000, Eagle County will contribute $19,250 and $28,250 GOCO dollars will be used. Eagle County Government, Freedom Spray Park Fall 2006 Great Outdoors Colorado Local Park aqui Outdoor Recreation Grant Application VII. Partnerships Partnerships with Western Eagle County Metropolitan Recreation District (WECMRD) and Edwards Metropolitan District (EMD) were utilized for design and construction of the Freedom Skate Park. That project was such a success that Eagle County decided to re-establish these partnerships in a similar manner. Commissioners and county staff approached the districts to describe the concept and request a partnership. Based on a preliminary design, the overall idea was well received and both districts agreed to support the project with $20,000 in contributions. WECMRD has also agreed to operate and maintain the Spray Park on a daily basis. Unfortunately, this project does not lend itself to working with the Colorado Youth Corps. These special districts located near Freedom Park have indicated that they recognize the value of a community facility that meets unique needs. They have also recognized the need for a more efficient use of public funds for recreation. VII. Non -Cash Support Due to the critical timeline for this project, public funds/hard dollars form the critical balance of the project. Fortunately, cost saving measures were considered during the design phase of this project. By carefully selecting a site for the Spray Park, Eagle County was able to decrease the costs that could have been incurred for infrastructure design and construction. The proposed location of the park is uniquely located near an existing sewer line, water line, electric line and storm drain system. With minor modifications, the Spray Park will efficiently tie into the existing infrastructure. An article in the Vail Daily on June 29, 2006, (see Appendix G) states that the message was clear for placing a Spray Park and Freedom Park: Bring on the Water. Eagle County Government, Freedom Spray Park Fall 2006 Great Outdoors Colorado Local Park and Outdoor Recreation Grant Application 1 Appendix Local and Regional Maps ................................................. A Freedom Park Photos ....................................................... B Waterworks International Spray Park Photos ........................... C SprayPark Layout.......................................................... D Spray Park Water Features ................................................ E SupportLetters.............................................................. F Vail Daily Article ...................................... G ..................... WarrantyDeed.............................................................. H Berry Creek/Miller Ranch, Sketch/Preliminary Plan Application, Section 3.5 Environmental Impact Report ...................... I APPENDIX A CL c� c o o a C .5 E Eo 0 Vcu CL C T CLU) O oV _0 a U- m W 0 APPENDIX B Freedom Park Photos rroposea spray Park Site Shade Structure Soccer Fields lsasebau t(felds naLuruom racmtnes (under Construction) nayground ay.ate, rarK -4 Sand Volleyball Courts s tz Pond Veteran Memorial Flag APPENDIX C Photos of other Waterworks International Spray Parks Boulder, Colorado Bird Park, Kankakee, Illinois APPENDIX D C)1'Lo M I' CyC'D M v n n n CO o � n � r M z 1 �V 1 / pMrn 1 1 QUO m 1 / L/)N m O I 1 x M M D 1 / oLnM / 1 / 1 11 � � 1 IS It cn v D N n Z I c� OD O rr M M ;u Freedom Spray Park a D O V) cn / < D c > 1< M z i m C)1'Lo M I' CyC'D M v n n n CO o � n � r M z 1 �V 1 / pMrn 1 1 QUO m 1 / L/)N m O I 1 x M M D 1 / oLnM / 1 / 1 11 � � 1 IS It cn v D N n Z I c� OD O rr NO DATE REVISION EAGLE COUNTY ENGINEERING DEPARTMENT 1 N Freedom Spray Park a D O m r M 16311UW^� EAGLE, CO 61631 D c > z M !) z N M X O o 0 5 = C v rn*i � v LA I; NO DATE REVISION EAGLE COUNTY ENGINEERING DEPARTMENT 1 m Freedom Spray Park P.°.BEAGLE, 00 M 16311UW^� EAGLE, CO 61631 —1 070 3263660 FAX 970 32"709 Lssuco: o. an w.c m ucrxm: .,. EAGLE CCx1hiTY I APPENDIX E } �1 Effect Footprint 10275 Jumping Jet AI R PO W ERE D ---�. PLUNGER r— CONTROL WRNG HARNESS 1 l— ANGLE ADJUSTMENT i .`ate �,�•:_r-s��„, � LIGHT WIRING HARNESS i O THREADE SUPPLY THROTTLING VALVE `"� f.V-'.ft —i �r: F}fin S. RUBBE RHOSE TO r. �._. 1-1/7THREADED �'`� :t:;F: •.`i �'L.j.; :._ c SUPPLY FROM FILTERED SUPPLY Anchor Assembly VES BEL Ch” N SPLASHP An �.'.• LDEXTENSICN 'NOTE UDTOBEFLLEO%WrH TUBE 9AME AMTERAL AS SUHiOUIOING AfEJ1 t-VT THREADED 1 DRAINFr"NO + L � UDEXTENSIDN l;l TUBE MAN LD TOPVIEW LID ELEVATION VIEW 0 T MALE ADAPTER 2' W ELBOW 2' PPE 6y on.q ley On..) (By DH..) Specifications Abunting: Top of vessel is flush With finish surfaca Body is completely buried in concrete. t'PVc SC7. So SOC KET 45 LPPLY) Abterialr 1 T2, PPE Vessel - Fiber jass construction. COLPLNG & Jumping Jet - All Stainless Steel Construction, 1 O Anchor Flange d Fasteners - All Stainless Steel Construction TEE eOK Dram: q 20GPM Gravity Lp 7w TEE BOX j Suppy Line: Minimum 1' Ven, Light (opiona)):\ 12v DC, 1.6Amp rwcSCK m /� `zPVCSCKNDSoo�T zwcsoio S CC KET(StPP LY) IDRAN)INCENTER SOCKET TORN Controller. VESSEL ELEVATIONI^Eve VESSEL70PVEW Required- One solenoid input Waterworks Jumping Jet Water Feature International x St. Louis, MO • Chicogo, IL PN-10275 DATE:2/28A6 SCALE:3/4'=1' WWW.WATERWORKSINTERNATIONALCOM 800-932-3123 Fox 636-677-8989 Effect Footprint 110475 Pop Jet I :o I � � •� VFlfB, WOY –T �• WOCE P OW PLUG �\ Ir Up TOW DLAMEM LID nrowerrlus TIN WX r RiPLY IQPYIEI�( Anchor Assembly ��THWAM � .LYa FM Prai..l� arra►ua-, MW Api7as►a rlma � 1 G UDTO M FLUM WRIT Akw AS MOVWU DM OEM ■AAM ^� 1- 7Q TlPIiAOiD Rie®aUAL OMNI p LOffiAtl L r VALE ADAFM rWRO Wrpm �rwra e�o�.Pq yG+..1 Lprappairl �---__ roar — Specifications TOP Of MZZIG Is flush Wph &%hh wrtaoe. Body Is arMimi oanpMOely bowled ti aoncreh. "04^04 opAwI-Ur 8UMY'"T AftftdaAr Body - PolypOpylens - strucOOM ELEVATION VIEW Anchor FWW 3 FaaWwo - AM Stainless Stasi COIWucdon. 3 GPM Q 10 PSI. Supply Line: Mirkmom V Cobra: Rad. Blue, Yebow, WWW, Groan, OrvVe & purple. Ught 12v DC, 1.6 Amp. CarboAbr: RoW*vd - One spheroid kVA Pop Jet Water Feature I'�nato�'� PN-10475 DATE: 1127M SCALE: 11r ■ V WWW. WATERWORKSIN ERNATKVW-COM 800,932-3143 raor 636.6774M Effect Footprint 12175.1 Hoop Spray Tunnel 1 � r' r f i TOP VIEW Anchor Assembly WtAM PAO� _ - 0 RTY® W PKY -� 6DWDWO MOUir�. rwaJOW I ar wr=7 ws�tr Pm hMWN arw� rwpc J UPORAG � ANCHOR aur hl M! Specifications . rwmes ow L EA04 Rra Body - All Sh *= S" oonslruclim. Tu► or rE AndwrPmW&FasWom-MSw*gmS"Carmhuctlon. --------�- --1 RAM. Polana HS plus an W4J*W WWmm *fth 1ha1 is rpiahnt to chImIne & it UV $Wbk W. JiyaYnulics: ELEYAIlQ8Lylpe( 20G M®15PSI. SLA* Lkw Mlr*mn r Cola+A Red, Blue, Yellow, W ft. Forest Green, Sea Blue, Pk* Omv, ugm Green, Brown, Buds S Puryie. Cortaftr Not RegL*W. Hoop Spray Tunnel Feature w�rl SL Louis. MO.01k q,, Il PN -12175.1 DATE: 1/2fV08 SCAM : 1R' = 1' WWW. WA�TIONAL.COM 800-939-3123 Fcx 63"774)M Effect footprint Anchor Assembly EPUSIIEIHE EFFECT SOCKET HEAD IOLTS GAIKET CALK. HED EXPMSIpH,�pl1i ANCHOR BAs: SR -ASH PAOI WHOM MOUNT GRAVEL PACK— S WE AO,iTBI Specifications `— PUOOIE COHCAE TE TO SECURE JBOLT AICHORS Materials - All Stainless Steel conetuclat Anchor Flange & Fasteners -A IS ai nless Steel Can stnrctio rt Rnish: Pdane HS plus an Industrial urethane inish hat is resistant to chlorine & is UV slabitdod. ILWraUis: 50 b 70 GPM @ 15 to 30 PSI SLPOY Line: M in m un 2' Preferred 3 cdors: Red BluB,Ydbw, While. FormtGreeR Sea Blue,Pik, Orange, Light Green, Brown, Black& Purple. CmhoAsr. NotRequied. 12250 Umbrella Umbrella Water Feature waterwork International St. Louis. MO • Chicago. IL PN- 12250 DATE: 1/17/06 SCALE:1' WWW. WAIERWORKSlNfERNATgNALCOM 800-932-3123 Fox 838-877-8989 Effect Footprint 12325 Tippy Buckets I� 1 .N til " II it illi ;� I�I i I I;1 I-TR•YtCRi V TON' 1 ' OL-har 1 Mwlorlr•bs1 j ,r- Anchor Assembly - tPlA.Q01! e4ecT T� FIEW soar quo pan -� �o-nsr cwu®om NSM.Ow w,a,ort we *-L,W M MONNO MOUW GROW PNX ! imW.i — WOpF COIIGlR lO Mrd ,WAPM 80CMJ4MTMICH M i 1 Specifications Body - Al Stsk*m S" oorawcWn. Arxhor Fk-ngs & Fasteners - AN Staklisas StW Corwoucdon. Fhlah: .T,..a.aa I Pointy HS plus an WxkwbW urogwo *"h thet Is ro&4ftd to eNwIn g 6 ks W stabilibed. i� 20 GPM ® 2D PSI. I� Supply ✓be: Mk M un 2• I Calera. Red. Bk», Yelbw, While, Forest Groep, Sea Blue, PInK Oranps, LipM Green, Blown, 819a 3 Pt"W. ELEVATION f CordroNer. Not Required. Tippy Buckets Water Featu re "'0' SL InWs, MO.ONmgo. 0. PN -12325 DATE T113/OE SCALE 3l8' ■ 1' WWW. WATERWOWKMNTERNATIONAL.COM OMM-3193 Fw 63"77~ Main Drain 1'-0 1/4" ELEVATION VIEW Main Drain (Sump) PN -0000 I MTE:8/lk6 ISCALE:3l4"=1'I WWW.WATERWORKSINTERNATIONALOOM 4" PVC Socket Waterworks International k St. Louis, MO * Chicago, IL 800-932-3123 Fox 636-677-8989 j Effect Footprint 0000 Activation Bollard Post / (4)9n6•MOUNriNG 1 HOLES TOP VIEW Anchor Assembly NWIRM TO eOROM R "LaMN OF MICRO COMTROLER (OPTK*"W MICRO CO NTROIER IDPrK*WQ INOA W RES "P" � LONM Ai I I TOSOLENOID OR ORO LW rN•Doue LNCT SQX caemouER N V COR POST CAP —� N018EORJ UNCTIONB11( b AC pv onERsr PUSH BONDING M OUNT LOw BUTTON van 1 HI ANCIIORmLIS � OKY I 80.ASHP.O / I 1 1 YY LAB US IO A. VIM TE SLAG ORS B. W®OE ANCHDRs 4' SQUARE PIPE 1 1 ORALELPACK STAT N LES S SIEE L Vr CONDURrO� X CONDUIT AWN (DWRM SDLENODVALW PANEL OR LO W IOL TAOE (OPTIONAL, TRMSFOR ER i � 1 Specifications I 1 I BASE FLANGE I I Body - AIL Stainless Steel construction. Anchor Flange b Fasteners -All Stainless Sisal Construction. I 57ish: Two part catalyzed industrial urethane fnish haus resistant to chlorine 8 is UV slatilizied. ELEVATION VIEW Hydrauics: NN Sedrica' Supply 3W Bedrical Conduit (Low Voltage) Colors: Red, Blue, Yellow, Whte, Forest Green, Sea Blue, Rrk, Orange, Light Green, Brawn, Blade S Purple, Controller. Required Activation Bollard Post Waterworks International R St. Louis, IAO • Chicago, IL PN -0000 DATE: 7/31 A6 SCALE: 1'=T WWW. WATERWORKSINTERNATIONALCOM 800-932-3123 Fax 636-677-8989 APPENDIX F WE'Cml"CI I,. WESTERN EAGLE COUNTY METROPOLITAN RECREATION DISTRICT '- -I FH_ ST • PG. PDX 2", • EAO-E 'tI X26 `_• R . fAX,9'913?e 5 55 www.wecmrd.org Helen Michelbrink Eagle County 500 Broadway Eagle, Colorado 81631 May 8, 2006 Helen, DJL Jl}L 2 7 'LOOS C ENGINEERING At their regular meeting on April 19, the WECMRD Board of Directors approved a $20,000 contribution to the proposed childrens` spray park at Freedom Park. The Board of Directors asked me to convey their support for the project as an important addition to the recreation facilities in Eagle County. As managing agency for the recreation complex, we have witnessed first hand the tremendous growth In use at Freedom Park. The fields, (grass and artificial turf), are used daily from 9am through sunset. The playground has been a welcome addition for area families and the skate park has experienced nonstop use on any day when it is not covered by snow. The Freedom Park complex has quickly become the focal point for recreation in the Eagle River Valley. The spray park will be a popular and well -attended addition. In addition to support and funding, the Board of Directors approved an extension of our maintenance services contract with Eagle County. WECMRD staff will maintain the spray park, except for warranted or structural repairs, on a daily basis as part of our regular maintenance routine. Costs for maintenance will be shared equally between Eagle County and WECMRD per the terms of the maintenance services contract. Good luck on your application to Great Outdoors Colorado! Sincerely, *-�� TZ �► Steve Russell, Director Edwards Metropolitan District August 14, 2006 The State Hoard of Great Outdoors Colorado 1600 Broadway, Suite 1650 Dcnvcr, Colorado 80202 Re: Local Government Parks and Outdoor Recreation Grant Freedom Spray Park Proposal Dear LOCO Board Members: On behalf of the Board of Directors of Edwards Metropolitan District, I am pleased to confirm our support for the proposed Spray Park project planned by Eagle County at Freedom Park. On April 20, 2006, at the regular meeting of the Board of Directors, a resolution was passed to approve contributing S20,000 from the Edwards Metropolitan District for this project. In addition to contributing financially to this project, Edwards Metro District is verysupportive of the concept of adding an additional family oriented amenity to Freedom Park. This is another project that has garnered the support of the broader community and multiple entities such as Western Eagle County Metropolitan Recreation District (WECMRD) and Edwards Metro are are "partnering" together to make this project happen. We would appreciate GOCO becoming an additional funding partner in this project that will be a significant enhancement to outdoor recreation in Eagle County. Thank you for your consideration of this project and please don't hesitate to contact us if you would like any further information. Sincerely, Ken Marchetti District Administrator Arinrinistruriir alunugemen! Pruvided By Robertson & Afarcheui, P. C. 2h Second Streel, Suile 213, Edwards, CU 81632: Phone (970) 926-6060; Fay- (970) 926-6040 APPENDIX G a Thursday, June 29, 2t, .' Page A3 THE VAIL DAILY 970.94 555/vaildaily.com Park'sprayground'could be constructed next year Parent, kids say `bring on the water' By Scott N. Miller DAn.Y S[AFF WRrI-EX EDWARDS — This summer, kids will just have to use the garden hose for splashy summer fun. Next surnmer, though, kids in the middle part of the valley may have a new addition to the playground at the Berry Creek park and playground. It's called a'-sprayground." Essentially a fountain for kids to play in, the sprayground at the park in Edwards is an idea that came from County Commissioner Tom Stone, who was captivated by a similar small water park while visiting Aus- tralia last year. From that visit came the idea to build a squishy play area in Edwards. The question, as always, is how to pay for it. Looking at an early estimated price tag of about 5120,000, county officials got pledges of $20,000 each from the Western Eagle County Met- ropolitan Recreation District and the Edwards Metropolitan District. But the sprayground may need more money to build. At a Tuesday work session, Com- missioners Peter Runyon and Am Menconi — Stone was absent — sent the sprayground plan back to the county Engineering Department for a little more work, a little more research and a request to see if they could get some money from Greater Outdoors Colorado, a state agency that provides grants to community park, recreation and open space projects. Steve Russell, director of the Eagle -based recreation district, which would manage the park, said he had a few worries about the sprayground, including putting it near a playground that is already getting plenty of use. "It's a small park, and use is increasing all the time," Russell said. "Within one to three years, it will be overwhelmed." Menconi said he has the same worries and wondered if a spray - ground next to the playground would Bret Hartman/bhartman®vaiidaily.com Eight-year-old Morgan Harty, center, and Maddle Warren celebrate being the last ones standing on the spinning ring after their friends all fell off Wednesday at the playground In Edwards. What's a `sprayground'? Who's involved? It's like a fountain that kids can play in. Some, like the one County Commissioner Tom Stone saw in Australia, are simple, with just water jets and stonework flush with the ground. The sprayground in Mobile. Ala., has "rainbow makers" and other above -ground structures to get kids wet from above. be the best use of money in the area. "I'm worried we're putting 10 pounds of potatoes in a 5 -pound bag," he said. At the park, though, the message was clear: Bring on the water. "Water, definitely," said Luke Randall, 9, who was riding his skate- board at the park Thursday. Randall's au pair, Virginia Caetano, 23, said she'd love to see water at the park, too. "I'd use it," she said. Watching his 3 -year-old son, Cal, playing at the playground, Steve Hill thought for a moment when asked if he'd prefer a bigger playground or a ■ Eagle County. ■ The Western Eagle County Metropolitan Recreation District based in Eagle. That district's boundaries include a big part of Edwards. ■ The Edwards Metropolitan District, an elected board that contracts for water service, does mosquito spraying and provides other town -type services to the area. place to splash. "I think the water might be bet- ter," he said. "It would add a little variety." Skateboarder Cory Kelley. 13, also said he'd like to see a spray - ground at the park. Told he'd proba- bly have to get off his board to use it, Kelley had a quick reply. "Water's not good for skate- boards," he said. Staff Writer Scott N. Miller can he reached at 748-29.10 or smill er @ vai Idai 1 y.com. APPENDIX H u (030 Filed for record the day of Reception Na. at_�_ A D iq�_ O ctock m 8y DEPUt wARRANW naD THUS DEED, Nader on this day of November 03 1999 between EAGLE COUNTY RECREAT'(O A O A Q AS -60RATION umt� of the EAGLE �j�pounty of EAGLE and State of Cdorado --.at the Grantor(s), and whose teat address is : P.O. BOX 850 RAO CO 81631 of the Canty of ---am State of Col o ---�,, of the Grantee(a7: WITNESS, That the Grantor($), for and in consideration of the sun of ( S2,038,734.76 ) sae Two Million Thirty Eight Thousand Seven Hundred Thirty Pour and 76/100 see the receipt and sufficiacy of which is her DOLLARS presents does grant, bargain, sett, c and acknowledged' hes ranee(* ,his reed, sold and ctwrraytd, and by these rat property, together with t ° and CO^fin unto the Grantee(*), his heirs and aseigna }crever, •ll the EAS aprovements, if any, situate, lying and being in the and State of Colorado, described as follows: County of SFE A' ATTACHED HERETO AND MADE A PART HEREOF also known as street number PROPERTY COMMONLY KNOWN AS BERRY CREEK RANCH, FILING NO. 3, EDWARDS. CO 81632 TOGETHER with alt and singular and hereditaments and appurtenoneas thereto belonging, ; and alt the estateright premises, with the hereditaments and appurtenances; and the reversion and reversions, remainder and reminders, rents, issues and profits thereofor to anyn+ias appertaining , title Interest, claim and dam" whatsoever of the Grsntor(s), either in taw or eqa equity, of, In d to the above bargained TO HAVE AND TO HOLD the said premisea above bargained and descrfbed with appurtenances, unto the orantes(s), his heirs and assigns forever. The Grantor($), estate of Inheritance, in for himself, his heirs and personal representatives, does covantes grant, Of bargain, slid agreend to awith the Grentee(s), his heirs and assigns, that at the time of the ensealing and delivery these presents, he is well sized of the premiss* above conveyed, has good, sure, perfect, absolute and irdefessibte estaw, to fee simple, and has good right, full power and lawful authority to grant, bargain, sett and convey the same in manner and form as aforesaid, and that the same are free and clear from atm former and other grants, bargains, sales, tier, taxes, assessment*, encumbrances and restriction of whatever kind or nature soever, EXCEPT GENERAL, TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSBQUENT YEARS , AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TTrLE INSURANCE COMMITMENT NO. VC26750E COMPANY. SEE EXHIBIT B FOR ABOVE EXCEPT ONS. ISSUED BY LAND TITIB GUARANI pE The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained promises in the quiet end P, ab Possession of the Grsntee(s), his heirs and assigns, against alt and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the pturst, and the plural the &insular, and the use of any gender shall be applicable to all genders, IN WITNESS WHEREOF the Grantor(s) has executed this dead on the date sat forth above. QUASI-MUNICIPALA CORPORATION O STATE OF Colosdo ) County of EAGLE )s& ) J. MICHAEL Mass 1111111 1111111111111111 III 11111 1111111 III 11111 ���� ILII % NOTM PUBLIC � 7138'39 11/�/i9N 12t23t 432 Sara Fisher STATE OF COLORADO i of 8 R 30,09 D 0." p 0.08 Eads co The foregoing i'mtrusent was acknowledged before me on this by CORPORA of November 03 RICHARD D. MACCUTCHEON CHAIRMAN OF EAGLE COUNTY REECCREATIO AUTHO 1994 +++ A O ' My cosmissfon expires If(13`ii" Witness eN had and offittfat sesl. Notary fhnbtie Now and Address of Person Cresting Newly Created legal Deshc -pfYott' •35-106.5, C.R.S.) Escrow * V267508Title#When Recorded Return to: EAG TT iftttg YC267508 CpLCRADO Form No. 932 Rev 4-94. WARRANTY DEED (For photographic Record% M l0 EXHIBIT A PARCIL A, A PARCZL 01 LAND LOCATZD IN THI WEST 1/2 01 SzCTION 4 AND Tits NORTEMAST 1/4 OF SSCTION 5. TOWNSHIP 5 SOUTH, RAMOS 82 KIST OF THS 6TH PRINCIPAL MSAIDIAN, COUMn OF &AGLS, STATS OF COLORADO, MORS PARTICULARLY DZSCRIBZD AS FOLLOWSs DEOINNING AT A POINT ON THS NORTHERLY RIGHT OF WAY FOR DSNVHR RIO GRANDZ WSSJ;nX RAILROAD FROM WHICH THE RAST 1/4 CORNER, OF SAM sscrroN 4 BSARB, NORTH 02 asGRsss 04 1aNUTZB 23 SZCONDS RUT,110.20 FZZTi THENCZ NORTH 02 DEGREES 04 MINUTZS 23 SZCONDS HAST ALONG THZ DZNvn AND RIO GRAMX WHBTSRN RAILROAD RIGHT OF WAY 130.18 TRSTJ THRNCS CONTINUING ALONG TUN SAID RIGHT OF MAY NORTH 14 DSGRRRS 45 MINUTRB 09 SICONDS KNOT, 299.69 FUST TO A POINT ON Tia RASTHRLT BIDS OF TSS STATS HIGHWAY 170-0 (EDWARDS SPUR ROAD) ACCZSS ROAD RIGHT OF WAT) TRENCH CONTINUING ALONG THE ACCESS ROAD RIGHT OF MAY NORTH 78 DUORSUB 17 KrNUTZS S1 NINUTZB EAST, 16.50 PRET) CONTINUING ALONG SAID RIGHT OF MAY NORTH 74 DZGRZZS 06 MINUTZS 20 SECONDS BAST, 220.37 FZZT) CONTINUING ALONG SAID RIGHT OF WAY 141.69 FINT ALONG THs ARC OF A TANGENT CURVs TO THs LIFT H71VIN0 A RADIUS OF S77.SO FIST A CZNTRAL ANOLZ OF 14 DZORISB 03 NINUTSB 27 SICOMDS AND A CHORD WHICH D&AR8 NORTH 59 DZGRSRS 16 NINUTSS 08 SZCONDB &ABT, 141.33 FSZT) THSHCZ DZPARTING FROM THS ACCESS ROAD RIGHT OF WAY SOUTH Sl DXGRHZB 37 NINUTSS 22 SZCONDS HAST, 400.00 FS&TI THZNCZ NORTH 35 D&GRZxs 56 XnMTZB 18 SICOMD8 MAST, 480.81 FIRT) THZM(M NORTH 69 DZGRSZS 42 KlumB 10 SECONDS WEST, 285.47 FHS?) THRUM NORTH 16 DZGRZRS 06 KINUTSS 10 BSCOND8 WEST, 141.20 Farr TO A POINT ON TEs BUTZ HIGHWAY 170-0 (Za1.ARD8 SPUR ROAD) ACCs88 ROAD RIGHT OF KAY) TZZNCN NORTH 26 DZGR&ZB 06 MINUTZ8 20 SZWNDS MAST, 27.00 FUST TO A POINT ON TES INTIRBTATZ HIGHWAY NO. 70 RIGHT OF WAY! THZNCZ SOUTH 86 DIGRZZS 06 Mn)UTZS 10 SECONDS HUT, 141.60 FIST) THINCI CONTINUING ALONG SAID RIGHT OF WAY SOUTH 69 DZGREZS 42 XZNUTMS 10 SZCONDS NUT, 550.20 FZZT/ THHNCs CONTINUING ALONG THs I-70 RIGHT OF WAY LINE SOUTH 57 DEGRSZS 34 KDMTs8 40 SZCONDS RAST, 318.59 FZZT) THS DZPARTIMO FROM THS I-70 RIGHT OF WAY SOUTH 42 DSGRZSS 37 MINUTs8 33 SMOONDS WEST, 141.00 FZZT) THZNCZ SOUTH 47 DSGRSZS 22 1Q3"DTZB 27 SZCONDS EAST, 150.00 FES?) THENCE NORTH 42 DZGREZB 37 XINUTZS 33 SMCONDS HAST, 150.00 FZZT TO A POINT ON THE I-70 RIOT OF KAY) THZMCS CONTIMUZNG ALONG TSI I-70 RIGHT OF KAY 128.41 FZZT ALONG THE ARC OF A RON-TANGZNT CURVE TO THR RIGHT HAVING A RADIUS OF 2126.80, A CENTRAL ANGLN OF 03 DEGRZZS 27 MINUTR8 34 SECONDS AND A CHORD WHICH DEARS SOUTH 44 DZGRMZS 17 1fI71UTE8 SZ SECONDS SASr, 128.39 FSZT) CONTINUING ALONG SAID RIGHT OF WAY LINS SOUTH 40 DUGRZSS 02 KIVUTZS 40 8ZCOND8 ZAST, 289.10 FiSr) CONTINUING ALONG SAID RIGHT OF WAY SOUTH 38 DZGRSZB 49 ILnM= 10 SSCONDS RAST, 296.10 PMST) CONTINUING ALONG SAID RIGHT OF WAY SOUTH 43 DZGRZZS 14 MINUTES 40 BSCONDS EAST, 366.70 FIST) COMTINUING ALONG SAID RIGHT OF WAY 540.S1 FiZT ALONG TH& ARC OF A TANG"T CURVE TO TNI LZFT HAVING A RADIUS OF 1787.00 FSsT A CENTRAL ANOLS of 17 DZGRZZS 19 ICUMTZB 48 BSCOND9 AND A CHORD WHICH EHARS SOUTH 53 DZGRZZS 36 MINUTES 32 BZCDMDS ZAST, 538.45 FZZT) THENCE DZPARTING FROM THZ INTZRSTATZ HIGHWAY NO. 70 RIGHT OF MAY AND CONTINUING ALONG Tia RAST LINZ OF THE 80UTHKIST 1/4 BSCTION 4 SOUTH 02 DSGRZZB 01 KINUTRS 51 SZCONDS WZST, 1372.38 FEET TO A POINT ON THS NORTHRRLY RIGHT OF WAY OF THE DZINMR RIO GRANDE WZSTZRN RAILROAD) CONTINUING ALONG SAID RIGHT of WAY 72.79 FEST ALONG TRV ARC OF A NON -MUM MNT CURVE TO TEs LEFT HAVING A RADIUS of 1110.00 Fssr, A CENTRAL ANGLZ of 02 DECRIES 18 MrNU7E8 15 SZCONDS AND A CHORD WHICH DEARS NORTH 66 DZGRSRS 44 KnR)TZS 48 BSCONDS WZBT, 72.79 FSI?. TSZNCH CONTINUING ALONG SAID RIGHT OF WAT NORTH 65 DZGRSZS 35 IQNUTRS 41 SSCONDS WEST, 1553.35 FSST) CONTINUING ALONG SAID RIGHT OF WAY NORTH 89 DSGRSS8 OS MINUTSB 30 SZOMMS KIST, 121.64 FZZT) CONTINUING ALONG SAID RIGHT OF KAT 1671.11 FZXT ALONG TUN ARC OF A NON-TANGINT CURVS TO TRZ RIGHT HAVING A RADIUS OF 1860.00 FEST A CCZNiTRAL ANGLZ OF 31 DEGRZZS 28 MINUTES 38 SECONDS AND A CHORD WHICH DEARS NORTH 37 DZGRRNB 33 NINUTZ2 09 SZCONDS KIST, 1615.47 FIST) CONTINUING ALONG SAID RIGHT OF KAY MOM 11 DZGRZZS 48 MINUTZS 50 SECONDS WEST, 171.74 72n; TO THZ POINT OF BSGIXNING. FSCSPTING THURSTROM THAT PORTION of THE AaOVs DZSCRIBZD PROPERTr COMVZysD TO EDWARDS STATION, LLC, A DZLANARs LIMITZD LIMILITT COMPANY, IN DRSD RZCORDID DxczxsER 3, 1998, RZCZPTION NO. 671611. PARCEL a vcte7soa 1111111 Fill "11111 Fill 18111111111111111 IIN11111 IN 713958 11/06/1888 12:23P 432 Sara Flahw 2 of 9 R 38.08 0 8.08 N 8.96 Eagle 00 =YHIBIT A A PARCNL Of LAND LOCATED IN THE NORTHWEST QUARTER Of TBR SOUTHWEST QUARTER Of SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST Of THE 6TH PRINCIPAL WERIDIAN, EAGLE COUNTY, COLORADO. NORM PARTICULARLY DESCRIBED AS FOLLOWSi BEGINNING AT A POINT ON THE WEST LINE OF SECTION 4 FROM WHICH THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 Of SOUTHN ST 1/4 Of SSM03F 4 BEARS SOUTH 02 DEGREES 03 XZWUTEX 56 SECONDS WEST, 351.00 FEET) THENCE ALONG TUN WEST LINT Of 333CTIOM 1 NORTH 02 DSaRESE 03 3Q)tVTE9 56 SECONDS EAST, 802.17 FEET TO A POINT ON THE SOUTHERLY RIGHT Of WAY Of THE DENVER AND RIO GRANDE WESTERN RAILROAD) THENCE DEPARTING FROM THE WE8T LINE OF SECTION 4 AND CONTIKUIKa ALONG TIM RAILROAD RIGHT Of WAY 1378.35 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1960.00 FEET, A CENTRAL ANGLE OF 40 DEGREES 17 NSHUTES 34 SECONDS AND A CHORD WHICH HEARS SOUTH 37 DEGREES 38 MINUTES 39 SECONDS EAST, 1350.12 FEET TOA POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 SECTION 4) TRENCH DEPARTING FROM THE RAILROAD RIGHT OF WAY AND CONTINUING ALONG THE SOUTH LINE OF THS NORTHWEST 1/4 OF THE SOUTHWEST 1/4 WORTH 89 DEGREES 05 NiMUTEB 57 SECONDS WEST, 322.76 FEET TO THE CENTERLnn OF THE EAGLE RIVER) THENCE DEPARTING FROM THE SOUTH LINE OF TER NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND CONTINUING ALONG THE CENTERLINE OF THE EAGLE RIVER THE FOLLOWING FOUR COURSES) 1) NORTH 10 DEGREES 05 MINUTES 57 SECONDS WEST, 123.00 FEET 2) NORTH 61 DEGREES SO MIMUTSS 22 SECONDS WEST, 181.07 FEET 3) NORTH 87 DEGREES 17 MINUTES 28 SECONDS WEST, 209.11 FEET 4) NORTH 71 DEGREES 56 MINUTES 04 SECONDS WEST, 148.00 FEET TO THE POINT OF BEaINNING. THE ABOVE LEGAL DESCRIPTIONS ARE FROM ALPINE ENGINEERING, INC., JOB NO. 36067. 1111111 ilip 111110 11111 m 111111111111191111111111111 713490 11/M/1!N 12123► 412 Swe R3a3w 3 o1 • R 30.08 0 0.00 N g.80 1"j, CO VC267508 EXIT B DISTRICT IN INSTRUMENT RECORDED May 30, 1980, IN BOOK 303 AT PAGE 428. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED July I8, 1980, IN BOOK 305 AT PAGE 581. RIGHT OF WAY EASEMENT AS GRANTED TO EAGLE VALLEY SANITATION DISTRICT W INSTRUMENT RECORDED November 12, 1980, IN 1300K 312 AT PAGE 727. RIGHT OF WAY EASEMENT AS GRANTED TO BERRY CREEK METROPOLITAN DISTRICT IN INSTRUMENT RECORDED December 31, 1980, IN BOOK 315 AT PAGE 620. RIGHT OF WAY EASEMENT AS GRANTED TO BERRY CREEK METROPOLITAN DISTRICT IN INSTRUMENT RECORDED December 31, 1980, IN BOOK 315 AT PAGE 627. RIGHT OF WAY EASEMENT AS GRANTED TO EAGLE VALLEY TELEPHONE COMPANY IN INSTRUMENT RECORDED Jame 22, 1982, IN BOOK 341 AT PAGE %I. PEDESTRIAN ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT AS GRANTED TO HERITAGE FINANCIAL CORPORATION IN INSTRUMENT RECORDED February 22, 1983, IN BOOK 353 AT PAGE 820. ^ $ w� o � s EMERGENCY ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT, AS GRANTED $ TO HERITAGE FINANCIAL CORPORATION IN INSTRUMENT RECORDED + APRIL 8, 1983 IN BOOK 357 AT PAGE 396. =� o RIGHT OF WAY PASFlv®VT AS GRANTED TO EAGLE TELECOMMUNICATIONS, INC. IN INSTRUMENT RECORDED April 19, 1983, IN BOOK 357 AT PAGE 971. RIGHT OF WAY EASEMENT AS GRANTED TO EAGLE TELECOMMUNICATION. INC. IN wm-• r` INSTRUMENT RECORDED April 18, 1984, IN BOOK 382 AT PAGE 909 RIGHT OF WAY EASEMENT AS GRANTED TO SINGLETREE INVESTMENTS PARTNERSHIP IN INSTRUMENT RECORDED May 08, 1987, IN BOOK 462 AT PAGE 279. RIGHT OF PROPRWMR OF A VEN OR LODE TO EXTRACT AND REMOVE HIS ORE 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 4% AND IN BOOK 175 AT PAGE 221. RIGHT OF WAY FOR THE GRAND VALLEY RAILWAY COMPANY AS RESERVED IN UNITED STATES PATENT RECORDED September 07, 1903, IN BOOK 48 AT PAGE 4% AND IN BOOK 175 AT PAGE 221. TERMS, CONDITIONS AND PROVISIONS OF RIGHTS OF ACCESS AS GRANTED TO THE DEPARTMENT OF HIGHWAYS RECORDED May 14, 1969 IN BOOK 215 AT PAGE 184. RESERVATION FOR A ONE-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 221 AT PAGE 410. RIGHT OF WAY EASEMENT AS GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. IN INSTRUMENT RECORDED September 09, 1930, IN BOOK 106 AT PAGE 599. RIGHT OF WAY EASEMENT AS GRANTED 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. RIGHT OF WAY EASEL r AS GRANTED TO HOLY CROSS ELECTRIC ASSOC DN, INC. IN INSTRUMENT kcCDRDED October 06, 1971, ITV BOOK 221 AT PAGE 881. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED June 15, 1978, IN BOOK 271 AT PAGE 137. RIGHT OF WAY EASEMENT AS GRANTED TO EAGLE VALLEY TELEPHONE COMPANY IN INSTRUMENT RECORDED Jammy 11, 1979, IN BOOK 280 AT PAGE 688. RIGHT OF WAY EASEMENT AS GRANTED TO UPPER EAGLE VALLEY SANITATION TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED January 16, 1990 IN BOOK 521 AT PAGE 244. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OF EASEMENT RECORDED Fe"umy 20, 1992 IN BOOK 573 AT PAGE 262 AND QUIT CLAN DEED TO THE EAGLE COUNTY SCHOOL DISTRICT RECORDED OCTOBER 21. 1994 IN BOOK 653 AT PAGE 173. TERMS, CONDITIONS AND PROVISIONS OF APPROVAL OF THE PLANNED UNIT DEVELOPMENT RECORDED Jude 15, 1994 IN BOOK 642 AT PAGE 865. TERMS, CONDITIONS AND PROVISIONS OF APPROVAL OF SPECIAL USE PERMIT RECORDED July 03. 1996 IN BOOK 698 AT PAGE 997. TERMS. CONDITIONS AND PROVISIONS OF EASEMENT DEED AND AGREEMENT RECORDED December 03, 1998 AT RECEPTION NO. 678612. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED AND AGREEMENT RECORDED December 03-1998 AT RECEPTION NO. 678613. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED AND AGREEMENT RECORDED Jwuary 21, 1999 AT RECEPTION NO, 6P221. TERMS, CONDITIONS AND PROVISIONS OF MUTUAL MULTI-PURPOSE USE AGREEMENT RECORDED Much 17, 1999 AT RECEPTION NO. 689908. RIGHT OF WAY EASEMENT AS GRANTED TO K N ENERGY, INC. IN INSTRUMENT RECORDED APri130, 1999, UNDER RECEPTION NO. 6943b. TERMS, CONDITIONS AND PROVISIONS OF MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT RECORDED Jude o3,1999 AT RECEPTION NO. 698432. (ITEMS 9 THROUGH 38 AFFECT PARCELS A AND B) LACK OF ACCESS TO OR FROM A PUBLIC ROAD OR HIGHWAY. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT TO BUY AND SELLREAL ESTATE RECORDED October 12, 1999 AT RECEPTION NO. 711526. (ITEMS 39 AND 40 AFFECT PARCEL B) 1111111 Jill 11110 fill 11111111111111111111111111 432 Sera 0 of 9 t 31.00 0 0.10 N 0.80 Eagle Co THE FOLLOWING ITEMS AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED JULY 26, 1989 BY ALPINE ENGINEERING, INC., JOB NO. 78213: HOWARD DITCH TRAVERSING SUBJECT PROPERTY THE DENVER Rio GRANDE WESTERN RAIL ROAD MAY HAVE RIGHTS TO PROPERTY LOCATED SOUTH OF THE NORTHERLY DENVER Rio GRANDE WESTERN RAIL ROAD RIGHT OF WAY FENCE THE ADJOINING PROPERTY OWNER IS 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. 110111111,11111111!111111111111111111111111�."/N/1"$ 12123r 432 a Fiah•r B•�f 03l.ft0•.99Wg.09Eyi•Co APPENDIX I 3.5 Environmental Impact Report In accordance with section 5-240.F.2.a.14 — 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/MR 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 -Bent' 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 Sketch'Prelirrunary Plan 32 i 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 (PM 10) during the winter months. These elevated PM 10 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 PM 10 and other air pollutants can be affected by controlled and uncontrolled bums. 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 (ADEN) for construction sources that would generate fugitive dust (Colorado Air Quality Control Commission, Regulation Number 3, Part A.11). 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 Huai; RPK„la ions 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 CremmiHer Ranch Sketch/Preliminary Plan 33 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. In 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 Handlin Fugitive dust will be generated from rough fill operations, and material storage and haandlin . excavation, cut -and - can result from both the transfer of materials and from wind a osi nhese jo 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 PM 10 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 intersection surfaces can be implemented. Berry Creek Miller Ranch Sketch/Preliminary Plan 34 Diesel Earth Movinp, Equipment Tail i e Emissions Tailpipe emissions from diesel -fueled earthmoving equipment may result in a temporary increase of ambient air concentrations of PM 10 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 Impacts 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 PM 10 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 may be 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 I A - covers the majority of the site Berry Creek, 'Miller Ranch Sketch/Preliminary plan 35 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 ev risk was categorized as low and no greater than that deformations. The sinkhole generally pre 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 11, 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 CreekiMiller Ranch Sketch/Preliminary Plan 36 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 Arany Corps of Engineers has reviewed and approved the findings of this wetlands analysis and delineation. The final report and Army 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 -Bent' Creek development will occur from the operation of heavy 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 Background 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. While 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 Sketch/Preliminary Plan 37 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 Countv Noise Re lations Eagle County Land Use Regulations, Section 4-520, limit the maximum permissible noise levels along the property bound ary. From the recurrent and inherent produced noise is limited to 60 dBA Othough it i0 AM to s a10so M 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 Lp-1 T ical Construction Noise Levels Equipment Noise Level at Cat o Backhoe 50 ft dBA Concrete Mixer 85 Truck Dozer 91 Dum Truck 90 Front End Loader 91 Grader 85 90 Since all 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 limited to the construction phase of the project. Development Noise Impacts The noise impacts from the development will be related predominantly to increased automobile traffic. Table I.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. Berry Creek/Miller Ranch Sketch/Preliminary Plan 38 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. Berry Creek/Miller Ranch Sketch/Prelirrun;jry Pian 39 H. Summary of Findings and Alternatives to Proposed Action The evaluation of environmental conditions provided above and the supporting technical environmental studies that have been completed provide a comprehensive analysis of environmental conditions relative to Berry Creek/Miller Ranch. These studies assessed existing environmental conditions present on the subject property and surrounding area, identified potential impacts that may occur from the proposed development, and recommended measures that may be implemented in order to mitigate potential impacts of development on environmental conditions. The environmental analysis completed for the Berry Creek/Miller Ranch PUD indicate that the proposed development of this land will not result in any adverse effects that cannot be appropriately mitigated to minimize any potential environmental impacts. The development plan is consistent with the Eagle County Master Plan, which identifies this land as appropriate for development. The proposed development concept for the property has very little in the way of environmental impact. The overall project concept is to avoid environmentally sensitive areas and leave these areas of the property as open space. As an alternative to the proposed action, the Miller Ranch property is currently zoned Resource and as such could be developed as 35 -acre residential parcels without the benefit of environmental review. This would impact the environmentally sensitive areas of the site. The proposed PUD is successful at achieving the environmental goals of the Eagle County Master Plan and the Land Use Regulations. This PUD provides the County significant control over the uses and activities that occur on the property. This PUD and its review process will ensure that all relevant environmental conditions are identified and addressed in the planning process. Berry Creek ,Miller Ranch 40 Sketch/Preliminary Plan APPENDIX B CITY/BOARD RESOLUTION Project ((Request—Reference— Number» 6/28/2006