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Home My WebLink AboutC10-210 IGA with Town of Gypsum for water and sewerSUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT THIS SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT, ("Agreement") is made and effective this ~ day of 2010, by and between the TOWN of GYPSUM, COLORADO, a Color doh e-rule municipality ("Gypsum"), and the COUNTY of EAGLE, a political subdivision of the State of Colorado, acting through its Board of County Commissioners ("County"). Gypsum and the County may be referred to herein as the "parties." RECITALS 1. The parties have previously entered into the following agreements with terms to extend water from Gypsum's municipal boundaries to certain property known as the Eagle County Airport Property ("Airport Property"), as more particularly described in the legal description attached hereto as Exhibit "A": A. Intergovernmental Agreement dated March 14, 1988 (" 1988 Agreement"); and B. Agreement dated December 23, 1992 by and between the parties hereto and The Vail Valley Consolidated Water District (hereinafter referred to as the "1992 Agreement"); and C. Termination Agreement dated December 12, 1996 by and between the parties hereto and the Eagle River Water and Sanitation District ("1996 Agreement"); and D. Intergovernmental Agreement dated February 9, 1999 (including April 27, 1999 Addendum)("Maintenance Center Agreement"); and E. Intergovernmental Agreement dated April 19, 2004 ("2004 Agreement"). 2. Gypsum has succeeded to certain other Agreements respecting the delivery of water and water charges all as set forth in the 1996 Agreement including, but not by limitation, the agreement with the Jet Center, Inc., and its successor, Fixed Base Operations, Inc. 3. The County is fee owner of certain real property comprising approximately 457 acres, known as the Eagle County Regional Airport ("Airport"), of which a portion includes the north side of the Airport and certain lands presently leased to the Colorado Air National Guard ("National Guard") (collectively the "Annexation Property"). 4. Eagle County previously provided Gypsum with certain easements for water and sewer lines at the Property, and across the Airport, as a condition of Gypsum agreeing to annex the property. 5. The County filed a Petition to annex the Annexation Property to Gypsum on December 23, 2009 and seeks to secure a Master 1041 Permit for the Eagle County Airport area property. SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE 2 6. Gypsum currently provides water to the existing development on the Annexation Property including (a) that portion of the Annexation Property currently leased by the National Guard pursuant to a Lease Agreement dated November 1, 2000 ("Lease") and (b) to other airport facilities. Gypsum waived the water right dedication fees and water and sewer tap fees for 4.2 EQR at the National Guard facility on April 25, 2000. Eagle County paid the water right dedication fees, water and sewer tap fees for 1 EQR to service the Eagle County Airport Tower on May 7, 2003. 7. Water service is provided via one twelve inch (12") water main. Sewer service is provided by an existing eight inch (8") sewer main. Both lines were constructed and connected to Gypsum's municipal utility services pursuant to the Lease. 8. The 2004 Agreement provides for the periodic reassessment of Equivalent Residential Units ("EQR") based on metered uses, and payment by the County for resultant tap fees and water right dedication ("WRD") fee requirements. EQR guidelines are governed by Gypsum's Municipal Code, in section 13.08. 9. In May 2009, Gypsum and the County completed a reassessment of the EQR used by the County on the existing Airport Property pursuant to the 2004 Agreement. The reassessment. resulted in a total of 25.13 EQR requiring current water and sewer service at various county airport facilities. Eagle County paid for the reassessed amount. 10. Eagle County also has two other separate accounts which receive water and sewer service from Gypsum; the Echo Ranch property, and the County Road and Bridge Facility. Combined, these county facilities currently use approximately 32 EQR. 11. Gypsum and the County recognize that treated water use will continue to increase in the future due to increasing enplanements and other improvements at the Airport Property which will require fee payment. It is anticipated that in the next 40-50 years, the County's treated water use will increase up to 80 EQR, and remain at about 32 EQR at the other County facilities. This supplemental agreement is intended to allow for a future total of up to 112 EQR (80 for airport facilities, 32 for other accounts), and make provisions for up to 70 EQR for County lessees. Therefore, up to 182 EQR is calculated for use at the airport. 12. Gypsum and County recognize that other entities within the Annexation Property are currently provided with water and sewer service, and which may require future service and fee payments. This supplemental agreement is also intended to reflect the parties' agreement to assess Gypsum's usual fees to other users, including the National Guard and any other County lessees. 13. Gypsum and the County seek to memorialize their agreement in recognition of tap fees and connection charges for future reassessed EQR, and to provide for the satisfaction of Gypsum's water right dedication ordinance requirements by supplementing the 2004 Agreement. C:\Documents and Settings\btreu\Local Settings\Temporary Internet Files\ContenLOutlook\ND9UET08\Supplemental IGA FINAL 6- 30-10.doc SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE 3 NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein, as a condition of approval of the anticipated Annexation Agreement and the anticipated Master 1041 Permit, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the parties agree as follows: 1. Existing Potable Water Service on the Airport Property and Projected Potable Water Service to the Annexation Property A. 2009 County Water Assessment. Gypsum and the County acknowledge and agree that the current demand for treated water and sewer service for the County's uses within the Airport Property as of the execution date of this Supplemental Agreement and pursuant to the 2004 Agreement is 25.13 EQR. The assessment was made by assessing the peak month water usage over a three year period (excepting any outlier of 50,000 gallons or more for one month), as specified in the 2004 Agreement. Gypsum and the County acknowledge that the County has used its pre- existing prepaid water tap fee balance, and a prepaid WRD balance. After the 2009 county water assessment, the County has a zero balance for tap fees, and 0.47 EQR credit for WRD. An accounting table showing these credits after the 2009 county water assessment is attached as Exhibit B. B. ExRected County Water and Sewer Demand. Gypsum and the County agree that the expected level for demand for treated water for specific County uses within the Annexation Property for purposes of the Master 1041 approval is for 112 EQR, as determined by the Code. The 112 EQR is expected to be utilized over the next 20-50 years. Please see Exhibit C (Zancanella Memo dated November 16, 2009) which details expected County uses. At such time when the County uses all 112 EQR, the parties agree to update this Supplemental Agreement and/or the 2004 Agreement. C. Expected Other Water and Sewer Demand. Gypsum and the County agree that property within the Annexation Property, including the High-Altitude Army Aviation Training Site (HARTS), National Guard is expected to use up to 44 EQR based on future expansion plans. Based upon provisions in the "south side" airport annexation, the Vail Valley Jet Center has an agreement to use up to 21.8 EQR, and there is a rental car preparation facility that holds a tap for 1.6 EQR. Therefore, between existing other users and expected National Guard expansion, the expected other water and sewer demand at the airport generally is for approximately 70 EQR. Please see Exhibit C. There may be future demand in addition to this estimate if the County leases property to other entities. D. Annexation Water. Generally, Gypsum requires Annexation Water to be dedicated prior to annexing new property. In this case, Annexation Water is not required from the County due to previous agreements regarding this Annexation. However, annexation water is required for any entities that seek to use Gypsum's water and sewer service in the future. Currently, the parties are aware of the planned expansion at the National Guard facility. The amount of Annexation Water required for such C:\Docwnents and Settings\btreu\Local Settings\Temporary Internet Files\Content.Outlook\ND9UET08\Supplemental [GA FINAL 6- 30-10.doc SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE 4 expansion is agreed to be 25 AF. The parties anticipate that the National Guard's Annexation Water may be satisfied by agreement regarding Eagle River contract water held by Eagle County. Upon such time when the Colorado National Guard seeks land use approvals for the planned National Guard facility, the County agrees to work with Gypsum to secure an agreement whereby the National Guard will provide adequate Annexation Water to Gypsum for its projected uses. The parties contemplate that the Annexation Water can be satisfied by the County's Eagle River water. Similarly, if the County leases Annexation Property in the future, to the extent additional water and sewer service is required for such leased property, then annexation water will be required at that time from the lessee. E. Water Rights Dedication Fee Pa ment. Pursuant to the Gypsum Municipal Code, the basic water rights dedication requirement for the Annexation Property provides for either dedication of acceptable water rights or an in-lieu water right dedication fee in accordance with the rate structure in effect at the time that water right dedication fees are due under the Gypsum Municipal Code. The County (and any County lessees with new water uses) may provide Eagle River water (by contract and/or reservoir release) that is acceptable to Gypsum, and/or make an in-lieu fee payment (by payment and/or by property exchange), and/or by any combination of options, as determined acceptable by both the County and Gypsum.. The current Gypsum water right dedication fee is currently $7,000.00 per EQR. Payment for water right dedication fees for increased use at existing connections shall be assessed at the then prevailing rate, either (i) at building permit for any new development, or (ii) on the three year review as provided for in the 2004 Agreement. F. Water Service Tap Fee Pa ment. Pursuant to. the Gypsum Municipal Code, the water service tap fee for the Annexation Property based on the water tap fee charged generally by Gypsum and governed by the Code at the time of Final Plat and Building Permit Application. For illustrative purposes only, the current Gypsum water tap fee is $6,000.00 per EQR. The County (and any County lessees) may pay at building permit or connection to services or on the three year review under. the 2004 Agreement (whichever occurs first), for any portion of the tap fees, and/or pay by property exchange, and/or pay by any combination of these options, as determined by both the County and Gypsum. Such tap fees shall be paid in accordance with the 2004 Agreement. Notwithstanding the three-year reassessment authorized by the 2004 Agreement, the County may pay for WRD fees at annexation for future credit, or on a per building permit basis. In addition: 1. County shall pay all costs, materials, labor and fees required to connect new water service lines to water main lines, including Gypsum. inspection charges. 2. County shall install all new service lines, stub-outs, main lines and necessary improvements and facilities within the Property at County's sole cost and expense. 3. Except for service lines and improvements related to individual water service, all water lines and related~improvements constructed pursuant to this Agreement C:ADocuments and Settings\btreu~L,ocal Settings\Temporary Internet Files\Co~tent.Outlook\ND9UET08\Supplemental IGA FINAL 6- 30-10.doc SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PACE S shall be conveyed to Gypsum upon completion of construction, and prior to Gypsum providing service to any of the lines or improvements. Prior to conveyance, which shall be made free and clear of all liens and encumbrances, County shall provide reproducible mylar as-built drawings and AutoCAD drawing data on disc to Gypsum, easements for all water lines and facilities in scope and form reasonably acceptable to Gypsum, an assignment of all material and labor warranties and certification by a Colorado professional engineer that such facilities have been built to the Code and standards and are in proper condition. The requirements of the Code, for acceptance by Gypsum of any water main lines or improvements shall be met prior to Gypsum providing service to any of the lines or improvements. G. Payment for 2009 Water Rights Dedication and Tap Fees The total EQR currently used by the County (and the National Guard) under Gypsum's water right dedication and tap fees prior to the execution of any Annexation Agreement for the Annexation Property was either paid in full or waived. As of the execution of this Supplemental IGA, the County's use is assessed at 25.13 EQR. The County has a credit for water right dedication of fees in the amount to cover 0.47 EQR. This amount includes existing EQR used at the airport. The tap fees and dedicated water rights or in-lieu fees shall be exclusive of any EQR for water use at the National Guard Property. As a condition to the Annexation, the County agrees to work with Gypsum to secure agreement with the National Guard on all annexation fees, water rights dedication fees and tap fees. Also, the County shall continue to be responsible for future payments for County use as required by the periodic reassessments as provided by the 2004 Agreement and this Supplemental Agreement. H. Potable Water Delivery. Potable water shall be provided to the Annexation Property through the existing water main provided by the Lease. All connections for potable water shall be metered. I. Periodic Reassessment. Gypsum and the County agree that the 2004 Agreement shall continue to be applied for the Annexation Property Master 1041 Permit Approval process, so that the provisions of the 2004 Agreement shall be applied in calculations of EQR's and related fees, connection charges, and water right dedication requirements additional to those recognized and agreed to in this Supplemental Agreement. The next periodic assessment of shall be conducted by Gypsum on or before October 30, 2012, and any fees shall be due as of December 31, 2012. After that, the assessment and payments shall be made by each 3 year anniversary. In no event shall there be more than 182 EQR (112 EQR for County, 70 EQR for lessees) developed at the airport (including the Airport Property and any previously annexed County property at the airport), without written agreement between the County and Gypsum. J. No Outside Water Fixtures. No outside plumbing fixtures, except for public drinking fountains or fire hydrants, shall be connected to the potable water supply. Without the written approval of Gypsum, no structure shall have more than one outside hose bib from the potable system, which shall be located at a visible location on the front of the structure and which shall not be used for irrigation purposes. The County shall C:\Documents and Settings\btreuU.ocal Settings\Temporary Internet Files\Content.Outlook\ND9UET08\Supplemental IGA FINAL 6- 30-10.doc SUPPLEMENTAL INTF,RGOVERNMENTAL AGREEMENT EAGLE CGUNTY, GYPSUM PAGE 6 secure Gypsum's approval in advance for any additional legal and physical supply for any raw water irrigation. K. Oversized Facilities. Gypsum and the County agree that Gypsum may oversize and use any raw water facilities, at Gypsum's sole cost and responsibility for its proportionate share of any requested oversizing or shared use. The County shall determine the locations for such easements or right-of ways, provide that easements and or right-of-ways any the raw water facilities without charge to Gypsum, and shall also provide for Gypsum's access and use. L. Inade uate System CapacitX. Gypsum and the County acknowledge there is currently sufficient water system capacity to serve the EQR representing the County's 2009 water demand, however, use of such system capacity is on a "first come, first serve" basis and may not be available when building permits are requested. For the purpose of this Agreement, insufficient capacity to serve the Project means insufficient water treatment capacity to serve all properties within Gypsum, all areas currently served by .Gypsum located within and without Gypsum, and also serve the County's property. Gypsum may impose a temporary or permanent system-wide moratorium on issuing water taps to serve the County's property, should Gypsum determine in its sole subjective discretion that it has insufficient water treatment capacity. Upon any such moratorium, Gypsum shall take reasonable efforts to increase system capacity to serve the County's property. Should Gypsum fail to provide water service to the County's property when desired, the sole remedy of the County shall be to require Gypsum to disconnect the Property from Gypsum and/or to seek a refund of any amounts paid for water right dedication fees and/or water service tap fees paid for any lots affected by the moratorium. If Gypsum subsequently provides water service to the County's property, all refunded fees shall be repaid to Gypsum as a condition of service. 2. Existing and Projected Wastewater Service on Airport Property. Gypsum currently provides sewage service to the Airport Property, which allows for current and additional use. Gypsum and the County agree that this Supplemental Agreement expressly .covers sewer service and revokes paragraph 6 of the 2004 Agreement. Any additional sewage utility service to the Property shall be provided consistent with all of Gypsum's requirements regarding wastewater and sewer service, agreed to herein and as provided by the Gypsum Municipal Code and such rules and regulations as Gypsum may adopt or amend from time to time by resolution, or as otherwise agreed upon by the parties. The County is not responsible for sewer service fees for County lessees on Airport Property, including the sewer fees for the proposed National Guard expansion. Any such lessees are responsible to meet Gypsum's sewer service requirements. Gypsum's requirements including, without limitation, are as follows: A. Lines. Locating and extending sewer lines and facilities shall only occur in a location determined by the County and in a manner acceptable to Gypsum, and from existing Gypsum sewer lines to and through the Airport Property; and C:\Documents and Settings\btreu\L,ocal Settings\Temporary Internet Files\Content.Outlook\ND9UF,T081Supplemental IGA FINAL 6- 30-10.doc SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE 7 B. Sewer Service Tap Fees. The County or a County lessee shall pay such sewer tap fees for all future users, and pay such service charges as Gypsum may from time to time establish, consistent with fees and charges imposed upon other users within the Town boundaries or as may be otherwise agreed to by the Parties. The County currently uses 25.13 EQR for purposes of calculating sewer service fees at the Airport Property, and 32 EQR for other County accounts. Gypsum agrees that sewer service tap fees for the current use have been paid by the County pursuant to previous agreements or waived by Gypsum. For additional sewer service over and above the 25.13 EQR and 32 EQR, the County or its lessees shall pay Gypsum's sewer tap fees for all future service capacity based on the sewer tap fee structure specified by the Code at the time of building permit application. The current Gypsum sewer tap fee is $7,000.00 per EQR. The County (and its lessees) may pay for its additional sewer service EQR at annexation (for later credit), at building permit, or upon the three year periodic assessment specified in the 2004 Agreement for water service at the then applicable fee. Any County lessee's shall be required to calculate and pay for applicable EQR at the time of building permit or connection (whichever is first) at the then-applicable tap fee for the number of EQRs to be developed under that building permit. C. Installation Costs. The County shall install all service lines, stub- outs, main lines and necessary Required Improvements and facilities within the Airport Property at County's sole cost and expense, or as otherwise agreed upon by the parties. D. Conveyance. All sewer lines and related Required Improvements constructed pursuant to this Agreement except service lines and Required Improvements related to individual sewer service, shall be conveyed to Gypsum upon completion of construction. Prior to conveyance, which shall be made free and clear of all liens and encumbrances, the County agrees to provide reproducible mylar as-built drawings and AutoCAD drawing data on disc to Gypsum, easements for all sewer lines and facilities in scope and form reasonably acceptable to Gypsum, an assignment of all material and labor warranties and certification by a Colorado professional engineer that such facilities have been built in accordance with the Gypsum Municipal Code and related standards and are in proper condition. The requirements of the Code, for acceptance by Gypsum of any sewer main lines or Required Improvements shall be met prior to Gypsum providing service to any of the lines or Required Improvements. E. Annexation Sewer Fee. Gypsum shall be required to plan and implement new wastewater treatment facilities to accommodate annexing all uses over that which have been previously approved and annexed in the town. To accommodate any additional sewer service for County lessees, an annexation sewer fee is required for this anticipated infrastructure. Because the parties agreed to annex the County's facilities previously, the County is not responsible for this fee. However, any County lessees shall be required to pay Gypsum $700 per EQR as an annexation sewer fee, due at building permit or at connection to sewer services, whichever occurs first. F. Airport Area Sewer Service Fee. Gypsum is required to collect cost recovery fees for the sewer lines extended by a previous developer to the airport area. The fee varies depending on where the connection point is made. To the extent any new connections at the Property are made, the current airport. area sewer service fee shall be C:\Documents and Settings\btreu\Local Settings\Temporary Internet Files\Content.Out(ook\ND9UET08\Supplemental IGA FINAL 6- 30-10.doc SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE 8 paid by the County or its lessee, at building permit or connection, whichever occurs first, unless otherwise waived or agreed upon in writing by the Parties. G. Total EQR. This Supplemental IGA allows for sewer service for up to a total of 112 EQR by the County, and up to 70 EQR by County lessees. ~ Upon full service of 112 EQR to the County, or 70 EQR to County lessees, the parties agree to update this Supplemental Agreement. 3. Irrigation and Other Exterior Water Uses A. Irrigation use on the Airport Property The 2004 Agreement explicitly barred the use of treated water delivered by Gypsum from use on the Airport Property for outside irrigation purposes. The parties reaffirm this concept and agree to work cooperatively to ensure appropriate raw water is available for the County's irrigation on the annexed property. 4. Changes to Projected Water Service to the Annexation Property and/or for Additional Irrigation Prior to Completion of the Annexation If the planned water use projected by the Master 1041 Permit changes so that more potable water will be used on the Annexation Property at any time before the Annexation Agreement is executed, the County shall satisfy the resulting additional tap fees, connection charges, and dedication requirements as provided by the Code. In no event shall Gypsum be required to repay any fees or reconvey any dedicated water rights. 5. Water Use by the National Guard This Supplemental Agreement provides that the parties anticipate that the National Guard will use up to 44 EQR on the property leased by the County to the National Guard. The National Guard shall be responsible for its use of 44 EQR separately and in addition to this Supplemental Agreement, the County agrees work with Gypsum to secure agreement with the National Guard on all water and sewer service fees. 6. Supplemental Only This Supplemental Agreement is intended to supplement the 2004 Agreement, so that the provisions addressing the lease back of the Priority 48A Water Right, the County's Farm Ground and Pasture Lease, Breach and Remedies, Notices, etc. shall remain intact and effective, except for paragraph 6. in the 2004 Agreement as noted above. In case of conflict between any provision of the 2004 Agreement and this Supplemental Agreement, this Supplemental Agreement shall govern. WHEREFORE, the parties have executed this Supplemental Intergovernmental Agreement effective on the day and year first set forth above. C:\Documents and Settings\btreu\Local Settings\Temporary Internet Files\Content.Outlook\ND9UET08\Supplemental IGA FINAL 6- 30-10.doc SUPPLEMENTAL INTERGOVERNMENTAL AGKF.EMENT EAGLE COUNTY, GYPSUM PAGE 9 COUNTY OF EAGLE, .STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS By Sara J. Fisher, hairman Attest: B ~ Clerk to the Board of County Commissioners Attest: TOWN OF GYPSUM By Steve Carver, Mayor By Danette Schlegel Town Clerk, Town of Gypsum STATE OF COLORADO ) ss: COUNTY OF EAGLE ) Subscribed and sworn to before me thin' ~ day o ~ 2010 by Sara J. Fisher, as Chairman of the Eagle County Board of County C ' mi Toners. Witness my hand and official seal. My Commission expires /~3- / ~ ~ C l ~~ NANCY R. WRIGHT NOTARY PUBLIC STATE OF COLORADO My Commission Expires 12/18J2010 Notar Public C:\Documents and Settings\btreu\Local Settings\Temporary Internet Files\Content.Outlook\ND9UET08\Supplemental IGA FINAL 6- 30-10.doc SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE 10 STATE OF COLORADO ) ss: COUNTY OF EAGLE ) Subscribed and sworn to before me this Mayer of the Town of Gypsum. day of 2010 by Steve Carver, as Witness my hand and official seal. My Commission expires C:\Documents and Settings\btreu\Local Settings\Temporary Internet Files\Content.Outlook\ND9UET08\Supplemental IGA FINAL 6- 30-1 O.doc PARCEL 1 A parcel of land located in Sections 2, 3, 4, and 9, Township 5 South, Range 85 West of the Sixth Principal Meridian, Town of Gypsum, Eagle County, Colorado being more particularly described by metes and bounds as follows: Beginning at a point being the Southeast Corner of the Eagle County Maintenance Service Center, according to the Amended Exemption Plat thereof, as xecorded October 20,1999 as Reception No. 712446; thence N00°09'30"E, 1282.80 feet to Angle Point 1 of Tract No. 66 also being the Southeast Corner of the Longview Subdivision according to the Plat thereof as recorded December 27, 1971; thence along the South boundary of said Lot 1 S89°53'27"W, 340.66 feet; thence 490.42 feet along the arc of a curve to the left having a radius of 700.00 feet and a central angle of 40°08'31" tl~e choxd of which bears N42°01'07"E, 480.46 feet to the North boundary of said Lot 1; thence N83°06'37"E, 20.21 feet, to the northeast cornea of said Lot 1;thence departing said Lot 1 Boundary and along the West line of Tract 62 N 01°08'09" W, 4.58 feet to the Southwest corner of Lehmann Parcel according to the Annexation plat thereof recorded at Reception No. 200617642; thence departing the West line of said Tract 62 and along the South lines of said Lehmann Parcel N 81°50'25" E, 3616.85 feet to the Southeast corner of said Lehmann Parcel; thence along the easterly boundary of said Lehmann Parcel, and the easterly and southerly boundary of Gypsum Airpaxk LLC, DBA Gypsum Commercial Paxk, as recorded at Reception No. 609362 the following four (4) courses and distances: 1) N 01°49'43" E, 576.43 feet; 2) S 88°10'31" E, 61.45 feet; 3} N 72°24'56" E, 569.20 feet; 4} S 89°08'06" E, 285.75 feet; thence departing said southerly line of Gypsum Aixpark LLC, DBA Gypsum Commercial Park, continue S 89°0$'06" E, 1785.68 feet; thence N 00°51'00" E, 200.00 feet; thence S 89°09'00" E,1962.68 feet; thence S 00°44'07" W, 200.00 feet; thence S 89°09'21" E, 213.88 feet; thence S 70°31'00" E, 327.11 feet to a point on the 2-1 line of Tract 56; thence along said line N 89°06'30" E, 479.92 feet to Corner 1 of said Tract 56 and Corner 4 of Tract 55; thence along the 4-5 line of said Tract 55, N 00°11'54" W, 331.44 feet to the Northwest corner of that parcel of land described in Book 433 at Page 775; thence along the North 1rne of said parcel S 81°24'27" E, 1719.38 feet fo the Northeast corner of said parcel; thence continue S 81°24'27" E, 25.24 feet to the Northwest cornea of Hoffman Exemption Plat according to the plat thereof recorded in Book 682 at Page 812; thence along the West boundary of said plat the fallowing three (3} courses and distances: 1} S00°48'16"W, 973.02 feet; 2} 6b.92 feet along the arc of a curve to the right Having a radius cf 85.03 feet, a central angle of 45°05'54" and a clYOrd which bears S23°21'02"W, 65.21 feet; 3} S 00°48'16"W, 183.50 feet, to the Northern boundary of those lands described in the Eagle County Airport Annexation to the Town of Gypsum, according to the Annexation Map thereof as recorded February 6,1997 as Reception No. 614097; thence along said Northern boundary S81°50'29"W, 8852.25 feet; thence S00°00'00"E, 6.53 feet to the North boundary of the Cooley Mesa Road Annexation to the Town of Gypsum, recorded February b, 1997 as reception No. 614098; thence along said Northern boundary the following eighteen (18} courses: 1) 424.73 feet along the arc of a curve to the left having a radius of 1939.86 feet and a central angle of 12°32'41" the chord of which bears S77°14'29"W, 423.88 feet; 2) S70°20'49"W, 47.12 feet; 3) S69°21'30"W, 50.40 feet; 4) S68°49'26"W, 50.1bfeet; 5} S68°43'47"W, 3.33 feet; 6) S68°43'26"W, 199.69 feet; 7} S68°50'49"W, 46.74 feet; 8) S69°37'20"W, 49.37 feet; 9) S71 °14'17"W, 49.27 feet; 10) S72°24'15"W, 2.70 feet; 11) 266.75 feet along the arc of a curve to the right having a radius of 1115.92 feet and a central angle of 13°41'46" the chord of which bears S79°19'23"W, 266.12 feet; 12) S8b°43'16"W, 22.37 feet; 13} S88°09'25"W, 49.29 feet; 14) 589°2b'23"W, 49.55 feet; 15) S89°53'24"'W, 26.98 feet; 16} S00°04'17"E, 7.70 feet; 17) S$9°27'21"W, 570.79 feet; 18) N89°20'56"W, 302.03 feet to the Point of Beginning. Containing 452.2 acres of land more or less. PARCEL 2 A parcel of land being a portion of Tract 54, Township 5 South, Range 85 West of the 6th Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Beginning at a point being angle point 2 of said Tract 54, thence along the north line of said Tract 54, S$9°08`13"E, 714.2b feet to a point, being the northeast corner of Parcel A, Greenman Exemption Plat, as recorded April 28,1989 at Reception No. 401473, in the Office of the Eagle County Clerk and Recorder; thence departing said Txact line and along the southeast boundary of said Parcel A the following 7 courses: 1} S47°51'36"W, 425.84 feet; 2) S42°08'24"E, 50.00 feet; 3) S47°51'36"W, 200.00 feet; 4} N42°08'24"W, 50.00 feet; 5) S47°51'38"W, 137.21 feet; 6) 549°08'07"W, 156.51 feet; 7} 37.64 feet along the arc of a curve to the xight having a radius of 1245.92 feet, an central angle of 01°43'51", and a chord which beaxs S53°28'32"W, 37.63 feet to the westerly Iine of said Tract 54; thence along said westerly Iine of Tract 54 N00°01'12"E, 647.52 feet to the Point of Beginning, Excepting therefrom: i) that portion of the Cooley Mesa Road right of way defined in the Cooley Mesa Road Annexation as recorded in the Eagle County Clerk and Recorder's Office as Reception No. 614098 and, ii) that portion of those Lands defined as Eagle County Airport Annexation to the Town of Gypsum as recorded at Reception No. 614097 in the Office of the Eagle County Clerk and Recorder, County of Eagle, State of Colorado. Containing 3.52 acres more or less. PARCEL 3 A Parcel of land, located in Tract 60, Section 3 and 10, T5S, R85W, 6th P.M., County of Eagle, State of Colorado, according to the Independent Resurvey thereof as accepted by the General Land Office June 6,1923, also being northerly of and adjacent to the Cooley Mesa Road, said parcel being more specifically described as follows: Commencing at the monument marking the witness corner to angle point 3 of txact 57 from which angle point 2 Tract 54 bears N71°44'56"E, 4175.85 feet; thence S89°04'54"W, 30.01 feet to the true Point of Beginning being the southeast corner of the "Nunn Property" as defined in the Nunn Properly, Land Survey Plat as deposited in Book 001 at Page 660 in the Eagle County, Colorado, Land Survey Plat depositary; thence S89°04'54"W, 295.23 feet along the northerly boundary of the Cooley Mesa Road right of way, thence N00°21'00"E, 295.16 feet, thence N89°04'54"E, 295.23 feet, thence S00°27'00"W, 295.16 feet to the point to the point of beginning. Containing 2.00 acres more or less ~'.~•-~~ !~ it ..~._~?. ` 1~' tr~~,.. ,.._~~ 1-~~~ ~n~r~~r ~,r~terl~~vr.<:~n~ ~~~~n~~,t ~. ~~~~~l~t~F MEMO 41,<,t~t~,<,td~r ~~r~,hsc~~,,~a~~'=~~~•~ ~•~~~~~~ TO• Bryan Treu, Eagle County Attorney's Office ~a • E CC: Jeff Shroll, Lana Gallegos,Town of Gypsum; Tom Zancanella FROM: Ramsey L. Kropf, Patrick Miller and Kropf, P.C. t <: ~ .•; DATE: May 21, 2009 RE: Eagle County 1041, EQR Reassessment Determining EQR. A table comparing the EQR evaluation from the 2004 IGA, and the EQR current reassessment is shown below. The 2004 IGA (Exhibit B) used pure peak month information to determine total EQR. Using peak flow is appropriate, because the Town is required to provide peak water and wastewater flows during months when peak use occurs. In addition, as the airport grows, this gives the town a buffer, because the peaks will generally increase. Zancanella and Associates updated its last assessment1 from that provided to Eagle County in Lana's April 24, 2009 memo. The updated analysis reviews the airport's peak uses in the exact same way that the County and Gypsum previously agreed upon for the 2004 IGA. ~~<.,; c~tl,~~~~ The peak is derived from reviewing monthly and annual metered use at the terminal 7~~ E. l~ur~nt r'1FCnue and the AARF facility (only) over the last four year period. These peaks are not ~U1z~ ~°~ based on irrigation, as was the issue in the past. Rather, we surmise that the peaks Asp`r,'t;c>sl~tt ~ are based on the winter enplanements, which are seasonal to be certain and reflect 1.9zc'~ ?a.t~ax t, ~fa.~?s.~s~t~ , growth over the last few years, particularly during ski season. 1;~ g, t, { >fr;k, , However, the peak month in March 2006, for 406,000 gallons appears to be an ~~t~ tst13 Street outlier, and we note lower peaks in the other years in the reassessment period ~~t1,1=1~~~r . Based on this, we have updated the EQR analysis using the peak month of February t>e°Yer cuts sc-'°-' ' ' 2007 for the reassessment. If in the next three years, the peaks indicate that the I . ~v~s{~s.~~°~ lr, ~~~s~~.~~o~ 359 000 was not indicative for peak demand then the Town will communicate and , adjust EQRs with the county as necessary. ~ ~~~t~ €ti~ c ~lls,:: 2=t~~ ~:~. {aenelbaclC Based on metered use, the peak months can be summarized on the following table: Sriite 7U~, 1'l~t~cnik, A% S>ut& 1,, ~t$~.t)~1.=f~=1~1 ~ ~ ~ ~ ~ The analysis provided by Zancanella & Associates for the April 24 letter looked at the gallons '~~`' ~' 3rd pI"~`° St"~~ ~s~-I~ broken down at several different meters; and then "averaged" the 2-4 months in 2005, 2006, 2007 h~ls~t C?~ ~~ I ~~ and 2008 to wine up with a average for just those uses at the terminal, and then assigned a straight , 5.0E R to the AARF facili Q ty, and 1 EQR each to the County's other tcvo buildings. That analysis ~ ~is•~~4;#t`~`t provided a slightly higher EQR calculation, and therefore, Zancanella & Associates revised to match °'• `~~~~~'~•~'~~~ the 2004 Agreement analysis, which is simpler. However, it is still a peak flow analysis. W:\GYPSUM\37 i (2) Eagly Cotimty 1041\Memos\MemoShroll EQR Determination ~-20-04.doc EXHIBIT 3 a Bryan Treu, Eagle County Attorney. Page 2 May 21, 2009 Year Peak Months Total Monthl Diversions in allons 2005 Jan 298,000 Feb 282,000 March 330,000 Dec 249,000 2006 Feb 335,000 March 409,000 2007 Jan 340,000 Feb 359,000 March 327,000 Dec 229,000 2008 Jan 284,000 Feb 293,000 March .273,000 Determining EQR Prepaid Status. Gypsum's code section 13.08.060, provides that one EQR is assigned where average monthly peak water demand is equal to 15,000 gallons. For the 2004 IGA, we used the highest peak gallons metered in the three year period for determining EQR, divided that by 15,000 per EQR. For the reassessment, we did the same calculation, but used the second highest peak month and the result is shown below. Peak Flow Total Divide Peak Flow by 15,000 Add 5% per 2004 Metered Diversions in gallons per EQR = EQRs IGA Gallons Currentl Bein Used 2004 IGA March 2003 20.53 EQR 21.56 EQR 308,000 allons 2009 Reassessment February 20067 23.93 EQR 25.13 EQR 359,000 allons Therefore, the remaining fee credits that Eagle County still has available from the 2004 IGA are applied against the increased EQR as follows: Water Service Tap Fee in E R Water Right Dedication 2004 IGA Total Credit to Ea le Coun + 23.83 + 25.60 20041GA Uses <21.56> <21.56> 2004 IGA Remainin Credit 2.27 4.04 2009 Assessment 25.13 25.13 Less amount from 2004 IGA <21.56> <21.56> Increased Use in EQR 3.57 3.57 Subtract retnainin Credit <2.27> <4.04> Balance of EQR Due to Gypsum, or remaining credit (shown in < >) to for Eagle Corm 1.3 <0.47> Current Fee Rate at G sum $6,000 $7,000 Total Fee due $7,800 t~/a 4V:\GYPSUM\37 i (2)1;agly County 1041\Memos\MemoShroll SQR Determination ~-20-o9.doc Bryan Treu, Eagle County Attorney Page 3 May 21, 2009 Please note that the 2004 IGA did not address wastewater flows, however, the agreement does note that the same EQR calculations apply. Therefore, additional fees for the additional 3.57 EQR of wastewater use would be calculated at the $7,000 per EQR fee, far $24,990. It is my understanding from talking to Tom Zancanella, that the airport's peak flow demands for wastewater are particularly significant in the peak winter months, leading to various requirements for infrastructure improvements. Finally, this review has prompted Gypsum to review its billing to Eagle County. We will update you with this information as well once all of it is summarized. Thank you and please feel free to call with any questions. W:\GYPSUM\37 i (2) Eagly County 1041\Memos~lemoShroll EQR Determination 5-20-09.doc Rp. Bax 7988 7817 Grand Averau~ ~.~ Glenwaad Sprfngs, cC1876g2 ~,~PtC~NELL~! /ANA I.~55®CI/~TE~. D~'1C. IieP1Ci'INsEE~t(Pi~" C`~iPiSUL1(~NTS November 13, 2009 Jeff Shroll Town of Gypsum P. O. Box 130 Gypsum, CO 81637 Dear Jeff: (9Tq) 945-57gq (970) 945-7253 FaX At your request, Zancanella & Associates has worked with Eagle County and their water engineer, Bill Lorah, to evaluate the long term water resource needs for the 1041 review process. The County has numerous facilities at the Airport, most of which have been identified on the Airport Layout Plan prepared by Jriation dated January 2, 2008. We have reviewed the map and its summary prepared by WWE contained in Table 1. Wright Water also provided an estimate of the future enplanements and projected EQRs shown in Table 2. We have reviewed this analysis and believe it to be a reasonable projection. It is our understanding that Eagle County will be responsible for water rights dedication, water and sewer tap fees for those facilities that are controlled by Eagle County. Additionally, other facilities are separate from Eagle County operation but are located on Airport property proposed for the annexation. Still other facilities require no water or sewer services. We have taken the original Table 1 and have reorganized the 37 items so that they can be addressed separately. (There were 36 facilities originally identified. In addition, we have added the Women's Resource Center to complete Table 1 and make it comprehensive to the County facilities.) We used Eagle County's information and created Tables 2R, 3R, 4R and 5R, which break out the different accounts. Table 2R lists the facilities that the County considers to be part of the over all fixed base operation and the services are based on the number of enplanements that are likely to occur now and in the future. For long term planning purposes, we would suggest that the Town approve up fio 80 EQRs of future use projected through 2060, as sho~~vn in Table 2R under this 1041 reviev~/. To allow the County some flexibility in their future use, the 80 EQRs can be cumulatively used for domestic purposes. Cornrnerciai or industrial us:~s that consume more than 5~io of the water diverted would need to be evaluated on a cave by case basis, but 'the upper limit of 80 EQR yvould apply. Table 3R lists separate Eagle County facilities that will be evaluated on a separate individual basis. Metered water uses will be tabulated on an individual basis for these facilities. Echo Ranch or the Women's Resource Center water use has been currently diverting 2 EQR. We believe that these facilities were grandfathered into the Town based on 1 EQR. The Eagle County maintenance facilities are currently operating within an original water services contract for 30.69 EQR for water and 24.69 EQR for sewer (sewer was reduced by 6 EQR of irrigation use Appendix A). The County has indicated that this facility may experience moderate expansion in the future. We proposed to allow up to 32 EQR maximum at these facilities as part of the scope of this 1041 review. Table 4R is a tabulation of the facilities that are located on Eagle County property, but are not the responsibility of Eagle County to provide water or sewer services. We proposed to handle these accounts on an individual basis with those water users during the annexation process These include the Colorado National Guard HAATS facility, the Vail Valley Jet Center and the Ghent rental car preparation facility. The HAATS. facilities Colorado National Guard is a long range plan that is to be constructed in phases. We contacted the Colorado National Guard and they provided a total sanitary wastewater estimate based on a August 24, 2009 plan. We used this estimate to project a long term EQR count of 44 EQR. The Town has estimated one of their first phases at 19 EQR. The Colorado National Guard has no water resources for the dedication of water rights. We propose that Gypsum consider proposing an arrangement with Eagle County to make wet water available for the HAATS facility, and HAATS can pay for it. The Colorado National Guard can be responsible for paying their own water and sewer tap fees at the time of construction, but it is unlikely that they will have wet water for dedication. The Vail Valley Jet Center is currently operating under a separate services agreement with the Town of Gypsum (Appendix B). They are currently operating within their EQR allotment of 21.8 EQR. The rental car preparation facility (Ghent Car Wash) is currently assigned 1.6 EQR and could be subject to reassessment of 3 to 4 EQR as the facilities have been expanded over the years to accommodate additional cars (Appendix C). We proposed to allow the seniice for Table 4R to be a maximum of 70 EQR. ~Jnder this 1041 review, each facility would be evaluated on an individual basis because they are separate entities. Table 5R is a list of 'the remaining facilities that do not require ~~vnter or se~~ver services. VJe have assumed that these facilities ~i+Iill remain without tiiwic~s in the future. ~IVe listed them to show in tno future t'r~at they ~wer~:; reviewed. On May 21, 2009, Eagle County and the Town of Gypsum reached an agreement on the existing use at Eagle County Airport (Table 2R). It was agreed that the water use would be evaluated on a monthly peak demand basis divided by 15,000 gallons/EQR (a peak EQR allocation). This was done to access the peak loading on both the Town's water and wastewater system. We recommend that the only exception for the evaluation would be if it can be shown that the water peak use was caused by a system leak. Patrick, Miller & Kropf's memo of May 21, 2009 (Appendix D) summarizes the status of the remaining IGA credits. We have not reviewed any wastewater service agreement and are unaware that any exists. Generally, it appears that the 1996 Annexation Agreement called for Eagle County to pay for any sewer taps fees, so we assume they did, however, perhaps the Town's records might clarify this? For the pending annexation, we propose that ,the County should be responsible for all wastewater service tap fees and airport area dedication fees for all EQR. Finally, this 1041 review will allow Table 2R (80 EQR), Table 3R (32 EQR) and Table 4R (70 EQR) for a total of approximately 182 EQR of services. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancanella & Ass®ciates, Inc. T o~ras ~ ZKeaKe~~ Thomas A. Zancanella P.E. Attachments cc: Ramsey Kropf, Esq. Pill I_orah z:\93503\93503.11 airport annex120091shroll-eagle county '1041.doc ~o N W J m d W ~^ Y ^y~ O Q y'a L V •~ Q. a~ ~ ~ O r ~ W O ~ ~ L_ Q ~ ~ ~ ~ ,~ ~ ~ 0 V i _~ ~ ~ ~ ~ ~ W f~JJ dl W O ~ O ~ ti ~ ti ~ ~ ~ O N N N N N M N N N M N CO N O N ~ M ~ 'c1' r- CO M 1~ L ~ M f~ ch O ~ M ti M ~ O O O ~ ti ~ O ~ d ti N M M GO O CO O CO op op ~ N ~ N O) N N ~ ~h C7 CO d' O CO lf) M I~ M O M M ~ O 00 CO CO O d' N O ~ N ~ ~ ~ O ~ ~ d ~ M M M M M ~ M ~ M O M M d' M d' ~ O d' M ~ ~ ~ ~ ~ ti ~ ~ d' I~ d' O N ~ ~ r r O C ~ .- ~ CO N I~ d' ~ O ~ ~t d' N 00 O r- CO O ~ ~ y N f~ 00 r (p I~ d' ~ N ti C M 00 O7 ~ O M ~ a0 N d' IC 1~ W CD t~ f~ O .-- M ~- - r- ~- ~ ~ ~ ~ N N N N C W +y.+ C A N N CO CO d' ~- M M Ln r M CO O d' CO CO O O ~- I~ ~ N 00 ~ M ~ M O O ~ 67 ~ O ~ O N M 07 ~ 07 O Ln t0 00 07 CO t~ t` O r ~ N ~- ~ ~ ~ ~ ~ N N N N d y 07 O ~ N M er to O ti M O ~ 0 0 0 O O _ ~I 0 0 0 0 0 0 0 0 0 0 0 0 O 0 O 0 0 0 0 0 <- 0 0 N 0 M 0 d' 0 ~ 0 CO 0 ~ ~- N N N N N N N N N N N N N N N N 0 a L_ M-+ O U ~ ~ ~, o ~ o W N N E L O L O O ~• ~ •~ •~ (6 .Q N L ~ C O ~ O ~ o N -.0-~ o (0 ~ Q O N O i 0 O '0 ~ N Q o tp ~ ~ ~ ~ .c N ~ ~ O N U ~ o ~ >, 3 N ~' ~ M O d ~ Oo o W -d CV N ~ p pOj ~ O Q O O ~ L O ~ O~ C N ~ O N s ~ N O ~ N N ~ O Q. j ~ ~ ~ ~~ N ~ ~ c0 N L O ro j n C~ Z ®Q W W r- N M d' J J J J CO T CO m ~° .a ~' Y a v G ~ °~ 0 C N _ N W " w ~ m $ 3 O 3` 0 rn m 0 0 co W J N a E <u `~ ~~s ~ e z ~ ~ ~ ~ ~ ~ o ~~ Q ro .~ Eagle County Regional Airport Facilities and Water Usage Table 2R Ea le County 2009 1041 Review Combined 21.56 2009 F ili Existing or Future Potable Water Entity Responsible for Water Allowed Under ac t Facility Description Future Use (Yes or Nol Contract with Town of Gypsum 2009 EQRs Master 1041 1 Terminal Buildin E Yes Ea le Count 3 Executive Han er E F Yes E le Count 6 Air Traffic Control Tower E Yes Ea le Count 17 Airport Rescue and Fire Fighting (ARFF)/Snow Removal Equipment SRE Buildin (E) Yes Eagle County 18 Fixed Base O erator FBO F Yes Ea le Count 2009 Cum of 80 EQR 25 Janes' Han er E Yes Ea le Count 25.13 EQR 28 Terminal Buildin -B/ Customs and Immi ration (E)(F) Yes Ea le Count 32 GI col Stora a Tank E Yes Ea le Count 34 Commuter Rail Terminal F Yes Ea le Count 36 T-Han er and Executive Han er Develo ment Area F Yes Ea le Count Sub Total 25.13 EQR Max 80 EQR Table 3R Ea le County 2009 1041 Review Separate accounts 2DD9) Allowed Under Master 1041 37 Women's Resource Center Echo Ranch * E F Ves Ea e Count 1 35 Count Road and Brid a Facilit lus Future Growth E Ves Ea le Count 30.69 Cum of 32 EQR Sub Total 31.69 Max 32 EQR Table 4R Eagle County 2009 1041 Review (other 2DD9 11 High-Altitude Army Aviation Training Site (HARTS) Colorado Army National Guard ** (E)(F) Yes HARTS/Eagle County** 1 44 2 Vail Valle Jet Center E F Yes Valle View Jet Center 21.8 21.8 9 Rental Car Pre oration Facilit E F Yes Ghent 1.6 1.6 ' Sub Total 24.4 Max 70 EQR Table 5R Ea le County 2009 1041 Review no utility services required 4 Fuel Farm (E) No NA 5 Electrical Vault E No NA 7 Count Stora a Buildin E No NA 8 Trailer National Guard E No NA 10 Fuel Truck Shed E No NA 12 Water Stora e Tank Under round E No NA 13 Intentional) Left Blank No NA 14 Ceilometer E No NA 15 Automated Weather Observin S stem AWOS E No NA 16 Air ort Buildin Lease to Hertz E No NA 19 Precision Ap roach Path Indicator (PAPI) (E No NA 20 Nondirectional Beacon on Tower E No NA Z1 Runwa End ldenfifier Li tits REIL Li tits E No NA ZZ Medium Intensity Approach Lighting System with Runway Alignment Indicator Li tits MALSR (E)(F) No NA 23 Distance Measum E ui ment (E No NA 24 Medium Intensit A roach Li htin S stem MALSF Buildin (E)(F) No NA 26 Glide Sloe E) No NA 27 Double Localizer Arra E No NA 29 BI-6 Radar Buildin E F No NA 30 Self Fuelin Station (E No NA 31 Se mented Circle E No NA 33 Multi Level Parkin Structure F No NA Note: Identifcation of facility areas are from the Airport Layout Plan prepared by Jviation dated January 2, 2008. `Excluded from original accounting *` Eagle County to be responsible for Water Dedication/ HAATs for Tap fees 2193503193503.11 Airport Annex1200911041V Zancanella Flssociates. Preparetl By: TAZ 2009 Eagle County 1041 Water use Paz P/o~iember 9, ?009 Appendix A ADDENDUM To T~ r.~TERrravER~r1v~ENTAL ACsREEMEN'f DATED FE$R~TAIt"~ 9,1999 . REGARDING JULES DRIVE E~TENSTON AND Tl~ EAGLE COU'N'I.'Y 3QI?~iT VEHICLE MAII'+1TEriANCE CENTER This Addendum is entered into this ~'' day of April, 19995 by and between Eagle County, Colorado, a body politic {"County', and the 'Town of Gypsuza, Colorado, a borne nzle municipality organized under Article X:~ of the Colorado Constitution {"Town"). ' -~~ ~TNESSE~ - WHEREAS, the County and Town entered into, oa or about February }, I9~9, an Tritergavernmental Agreement ("TGA'~ regazding the exteasiaa of 3ulea Drive and ~ Eagle County 3oint Vehicle Maintenance Center; and WHEREAS, the IGA provided for certain. actions to tale~place within tbirry days ofthe execution of the ZGA and further provided that if those actions did not acaur the IGA would be o~na fuzther farce and effect, and the patties would be released from all obligations contained in the IGA; and. WIdEREAS, the IGA called for the Town and tli~ County t4 enter an: implementation Agreement containing numerous provisions specified in Seciian C oftite IGA. 1 Nt?W, 'TkIEREF~RE, ita consideration ofmutval eoveaaxx.#s and obligations provided in `~ the original IGA as modified by this addendum, the sufficiency of which is hereby . acltriowledged, the Town anal the County agree as follows. 1, .. NDN'I'~'•R1~N °~'Tt3~1. Upon the exesutiou of this Addendum, tixe original IGA, as modified by the Addendum, shall be in full force and effect, {"srregerdless of the Sate of size executiari of the addendum by the Town and the Cbuniy~, it sb~al?E he considered that all acts that were required to take place within thirty days aftlae execution of 'the ICxA occuzred in a 3irnely ~maraner. 2, ~n~rhr~ ~r~.F.~.~r~ ,1 1 , ~. 'fie design afthe SAS Creep I.3ge impravameuts provided f©r iri parash ~.~ of tl~ ICx~, Iaas been. provaded by the Count and agi~ed to by the Town as rerluireci by e IG.A and ~e appra°ved desi~ is corta~ed ixi Exbil~it A attached berate. a. ~, ~` ~F iSIO~. ~'~al desi~a of 3ules Dtive :~x~r~iri~a ~s beau agreed. tc~ liy `Sown a~acl Co~~ry as pravidad tar in paapli E.~ otThe IGA, aid is contaizied ~ ~iiazt E a.chad b.e~to,. ., 4. ~PLF,~TATIQI~. It is the intention afthe parties that this addendum serve as the Implementation Agreement required by the arigiual IGA. " ~. CflNVE'YAI+ICE OF THE AI.RI'GRT RIGHT-GP-WAY PROI?l~RTY TC3 THE T'UWI~F. The County, upon I4 days uatice in writing, shall deliver a deed in the fazm set forth hz the attached Exhibit C of right for an extension of Jules Drive. At the time of delivery of the deed, the Town. shall deliver to the County, ~ . ~ I25,~463.p0 in cash or certified funds as payment far the right cif way. The Tawn must request a deed within five years of the date of this addendum. 'Z his ~uitement.is_subjeot to.Abe..pravisions_c~f'paragraPh~._of_~r1he.ICa~A. _._..._----- b. SFR1NCz CREEK DRAINAGE IMPRQVEMENTS: The improvement to the drainage system aantemplafed by paragraph B.2 of the IGA and required of the County shall be built within five years and thz~e months of the signing of this, " addendum subject to the requirements of paragraph D.7. of the zCxA. The Town shall require thcase annexing into the Town to maintain the historic flaw capacity of the Spring Creel: Drainage to allo~r for the flows to be conveyed by the County's Spring Creek Drairu~ge improvements. c. ADDITIC3I+IAL ~A'Y'MEN'I`S TU Cs~SUM. Further payments requsred for Joint Vehicle Maintenance Facility shall be paid to the Town. aftez approval of the SubdivisiQrk Exemption Appii.cation and pzioz to any certificate of occupancy or temporary certificateof vccupency fax the Joint Vehicle Maintenaaace Facility by the Town. The fo23owing fees will be caleulated and levied pursuant to tho adopted requirements and formulas ire xhe Tawn's adopted and currcnC cedes a:xd regulatians: water tag' fees, sewer tap fees, road impact fees, fee in lieu of water rights dedication, buildzn$ permit fees (includirxg plumbing, meehani.cal, and , electrical), the Aixport Gateway water surcharge, Subdivision reviev~ fees by Towia consultants. ' TOWN OF GYPSUM A~~ST; k~ _ ~'~.~ ~ ' lam{ ~~`~~1, ~~.~ ~~y Ell~:~~e~, fa~~v~a ~1;, s ,~„ • ' • ~7 £;-t ~ STATE OF C©UI~'T~T E7F EAGLE, ;1•~~ CQLC~~O, $y and'I'h:uugh Tis ATTEST: ~. ~~~ .~ B4AR7~ CF COUNTY COIvfMISSIOI~"ERS ~~~ ~ ~ 7_ f Clerk to she Bo of F. Jo ette P}iilligs County +Cornmissioners Chai~:~a l \ ~~ 1 a.~ .I ~~ ~* ~ ~ ~~E 4 ~ ~~~ ~~ r 1~ 1 ]*f~``Sd l8n~ ~1~~ ~ ~~~~ ..,, . ~ •~1 ' Y~ u ~~ iq z~ :s~~ ~.~ ~~~Wf ~ 3 ~'~Q _~~~ ~ ~ Q; ~~ 1 nt I [II[II'I 'I1 ~f 1... _ ..._. u~ rlcl 1 vu~~ ~ ums ^ J s~o~sd~~as3a' -~a~~ ._..~. •rw•v•~ ~n~~a s~7~t~ ~~ ~` ~. ~ P ~~ p 1 1 ~~ ~~g 1 aoo' ~' { 6 ;~,~~~t 1~~E ~ t~~j :~ j~~ Sj~ ~ ~!~ [ ~~t~~~"~ f~i~ ~~ ~~F~ ~~~ ~~` ~ ~~ ~t`i ~~°~ ~~ ~t~~ i ~~r~ ~. ~~10U'~J Q ~ .r 4r~. o ! E ~= Q I ., w i^4 r,. c'1 I €F ~ C1+ 1 9 ' .1 .ip 'c7: 1_i ~~ '~'1'' ~` .iR'f~, ~~ 1 t °•T~; IFI ~t Ri,~y ~~I ~~ ~ ~j~ ~~~ ~~~ ~~~ ~~~~ s~~! i~ BI °~~ a2fi '~~ t~# °~Z~~ ~~~~ ~~ 3 3~=~ ~~~~ 3(ia 1~~~ ibY~d .~ SR 6 ~ ~1~E ~~~ ~~~ t~~l ~t~~ ~~i~ ~~[ ~~.~~ i jp: II I° ~k~ 1 ~ ps lX ~i~ A ~~ ~~ ~~ ~ f$g'ypi ~ ~F 3~~~r j~e ~ ~~ ~~ 9 ~ Y g6 ~1 1~1 a ?~ ~~ ~3 fig; {~~ 7 !y~ a ~' ~% ~; S3'~ is ~~ 5Y' ~~ ~~ ~~3~~~~ ~3~~ ~~~~~~ ~~"~~~ y to 1` \~~r e~ ' i I ~~ ~ ~• a) '•~ k' ~~i { ~ ~ ~ /~C° ~ fY R' mp _~ ~ Q a w b ~ K ~ F i~ a ~ ` ~~ ~ V ~ 4 ~ i r r s € ° '~ ~~~~ F ~ ~ I i~~ ,` , ~ . ~ ~~'~ ,. ~ ~, ~ ~ 1 ~~ ~~ ~ ~a° ., ` ~ '~' ;~ ` c o ,~ ~_ ~ i ~, `~ ` ~ `~ 1 \ x~ ~ ~' ~ ~ ~ ~, s s ~ & ~R - ~ ~~ -~ d •~ ~ f ~' v~ ~~~ ¢ ~~ s • + r ~ C~ ~ii~ r g l'~~ ~~ ~~ _ ~, ~~~~ z ~~~ ~ .~ .., 11 ~F ,.. .~ .. ~ ~ - - ~.. ., SeJ.ler reserves to itself, a.ts successors anal assigns, for the use arad benefa.t cf the pulalio an easement cad right-a£-way, appurtenant to the Eagle County Regional Airport, for sa fang as the County, asad its successors and assigns utilize the airport for publ~.c nix traffic, far the passage o£ ell aircraft (!'aircra£u,~ being defined for the purpr~sas cf this instrument as any' device nc~w hnowri or hereafter inver~.ted, used,, ox designated for navigation. of or flight a.n the axr} 'by whomsoever awned. and, operated, i.n the airspace above the surface ~cf the Property to ~n i~ na. she ~eigh~t above the Property, together with the right to cause and create, and to permit and allow to be caused or created, in said airspace (inc3uding that generated from outside the boundaries:, oaf the I~raperty cr cf said airspace) such noise, vibrat~.ax7., current, fumes, dust, fuel particles, i2lumin.atian, and all other effects that may be caused by or are znhereat in the operatics cf aircraft landing at dx taki.ng off from or operating at ar an the Eagle County Regiaaal Airport, iacl.udang grr~und run-ups arld testing of aircraft engines.. Seller,. for itself and its auccessnrs and assigns, hereby waive, remise, and release axigr right or cause of action which he msy have against Buyer. its successors and assigns, due tc such noise, v~.bratian, current, fumes, dust, fuel. partial.es, illumizxatian and other affects, provided that this waiver shall not operate to deprive Seller, its successors or assigsxs, of any rights which it may from tune tc~ time have against gray air carrier or private operator for negligent or unlawful operation. of .aircraft. The essetnerxt and right-af--way k~.ereby reserved includes the corttirauirig right in the seller to prevexzt t3xe erection ar growth upon the Property of any. bui~.ding, structure, objects of natural growth or other object exter~.dirzg into the sir space above a height of &5~© feet al~ave mean. sea le~tre~., and to 'remove from said air space, car' at the sole apt~.ox~ of the Seller, as a3n alternstive, to mark ar~d light as obst: actions t4 air navigat~.on, any such building; structure, object of natural grau-th or ether object, saw upon, or which in the future may be upon the Property, a~.~. of which shall. be at the expense of Buyer, its successors arsd assigns, together with the right of reasazzable ingress ta, egress from, and passs.ge over 'the Property fr~r the abcsve pux'prases . 'T`l~.e easement and ra.ght-df-war hereby reser~red includes the right to regulate ar ,praha.b~.t the release a.xato the a.ix of ax7y stabstazzc~: which would ampaa.x . the v~,sib~.7.i.ty of cr othe:•°wa.se ixaterfere with the aperata.t~xas cif aircraft such a.s, but rzot limited ta, steam, dust and srnake, together w~.th the rigkzt of x~easox~able ingress to, egx~s~ :From, s.nd passage over the Pxcspexty for the above p~.~ases a '~ 'The easet~ent and xxght-c~fwway hereby reserved inaluc3es the right to-regulate or prohibit light emissions, either direct or reflective, whx~h might interfere wa.th pilot vision or others~ise a.z~.tc~rfere witIa opera.tioas of the airport, togethe~`.w~.th the right of reasonable ingress t+o, egress from, and passage over the Property fcr the ,above purpr~.~es . . The easemer~.t and right-of way hereby reserved ~:ncZudes the right to regulate or pxohibi.t electrical emissions which 'tac~uld interfere • with aircraft commux~.aats.ons systems or, aircraft naviga.tiona~. equipment! togethex with the right of 'reaeonabl.e ingress trs, egress Pram. and passage aver tote Property fc~r the abo~cre purposes . __ _._ The easement and ~•ight-of-way hereby reserved also ir~.cl.udes the right to regv.].ate or prohibit nay use c,f the Property which would interfere with-landing or taking off of aircraft at the Psagle County Regional Airport, ar otherwise constitute an a~.=port ~xazard, together with the right of reasonable ingress toe egxese from, ~d ,passage aver the Property for the above purposes. Sellez expressly retains aZl water rights and ditch rights of any nat~sre axed fraai any source which are aPpurtena.x~.t to the foregoing property, ~• b~l~w~p4a~~.ga~~...za.. ~a~ ml a ~ ~ ~~~ C>r_W Q~D ~' a t 1 M 1 6J YUI tl ICIYVII I AYt •. ~~vr lI,,'~19n !!711 ``~~II //tt DIVA q~,Jn ry Ji~~l.F.4~OJ~1~4 lYiJ~ 1 •t~•o•~ ~n~ac~ s~~nr ~.elll ~ aQ ~ ~ s i~ "' _' ~ k . •6h ~ ~ ~ 516' vt ,~~..~ 316' ' ~ ~ ~ ~ a ~ 4 Is ~I Bae. )-' ] "~ ~. w j "+.6Yi~.S u~ E 7 F ~. 1{ ~~ xu• ' .a. e t c;~~~'3~ 4.' F ~,n. ~'~~` ~1 2 ~ ~ g!y i~~ f~I fh~n1 ~~~ ~~ { a 1 a r 2 ~~~~ 2 j~ s 2 ~ s't~ ~i ~ ~~ nc~ aat dk i~~,p. 5!f a~~"~~~t ~~'!a g ~~i~~ any' ~'I ~ ii~ E;f I~g b;~ ~~tE~ ~ a ~ tf. ~ E E ~d~ ~ t C $ i 3P 2~- y EF ~~= E}}d~~ E~~¢ b E~~=ppp~ ,~:~~ F~ s,tEa4~ °f2p~ fir- af2t~ I~LEi ;~ f uT; ti ; ~ ~S }~ ~fy a3 i ~t ~~'4tt T. Ei ~}3i ~. Ei ~..jni ~`t~(F p; `.jt~ y~2j iQF pifi „s xAl~3apY gQ9i ,~([~/ ' yy `4 ~is5€ ~~f ~1~~ ~~;2~ Y ~A«P ~]1~7di ~l~i~ ~l F~FYL ~Si~ i~l ~'~ i~~3 fY ~ ~q i>i a y~ a _ 1' 2 ~~e +r~ -t ~~ ~~ ~ ~~ g~ ~~~ ~ ~I •~a x~~ aS i, i& ~ ~ ~ e~ ~u~ a ~~ ~~ e~ ,~~ ~~~ ~ ~k $~ i~~ ~d !~ z; ~p ~g~~ ~ 3~yy~ .5~$°3 Irynk 8' ~y¢' FI 52 52~ d EI ~/; S2~ $~ f. ~3i1 3s'°+dE Til?:y1](% y~y J ' q~~ yyi jA. x aggP ~ Saa~J ~ (~f~ ~ q~t9 ~G itd^•3r Ii, + !'' f$~Y ~~~~~~ d~33ilIR ,qi I ~at ~d ~~ z dZ ~R~ $ d~ 3'I ~ )g~ ~ !~ ¢a ~ ~~ ,~~ 'se e13 G a~ a 3i~~,l q3q pp ~pp ££ pp pp Y ~~ ~. ~~~~ ;c~s~~S ~?1i~! 'a~ ~~ ~3i ~~ ~~ L ~;~ ~~~3 1 h~ t ~~.~ C z6~ n4 s INTERGpVEFtNMENT.AS, .A.~REEMEN'T RE JULES D~tZVE EXTENSION AND T8E EA( JOINT VEHICLE MAINTENArTCE C .., v~ ,... J c~ ~ 1 U ~~ ,•' ~ f~ f ~ ~ 5 ~~~ ~ ~~~~~ ~~~ f ~'` ~, This Agreement is entered into this ~ day' of ~~' ~ f./r 19', by and between Eagle County, Colorado, a body pol' ~'c, existing under and by virtue of the laws of•the State of Calnrado ("County"}, and .the Town of Gypsumr Colorado, a home-rule municipality orc~anixed under Article XX of the Colorado Constitution ("Town"a. WTTNESSETH WHEREAS, the County owns and operates the Eagle County Regional Airport ~znd associated lands and ir~.provements {"Airport"}; and • WHEREAS, portions of the Airport are located within. the . corporate boundaries of the `Town: and WHERE_~.5, the Town is responsible _for the construction anc3~ maintenance of the Town's street system pursuant to 5ect~.on 43-2- 129, C.R.S.: and ._ wHEREASr the Town desires to construct an extension of the ~ Town's street system, to be known as the Jules Drive Extension, to mitigate impacts created by increased development in and' around the Town,• in the Gypsum Creek, Spring Creek, and Alkali Creek Basins including increased development and use of the Airport; and ~ . V,THEREASr the Town desires to obtain a port.zon of the Airport . property located west of the existing runway for construction of the Julep Drive Extension ("Airport Right--of-°Way Property"} , and WHEREAS, tYae Aa.rport Ri ght°-©f-Way Property wa.s originally •acquired by the County with funding assistance from the Federal. P.~riation Adminis'tra'tion {"F.AA„) ; a.nd WHEREAS, th.e County desires, in the future to extend the r~.~nway stop way on the west end of the existing xunwayr and also e,stend wdstwaxd the runway protection zone; and WHEREAS, the County dvsiras to locate on ~lirpor~t •property, west of t17e prop+~sed Ju.Ies 1Jrive Extension, the Eagle County load and Bridge Depar_`tm€nt, and the Eag1.e County Regional crtan~wtnivx &.wa Transpartation Authority maintenance facility ("Maintenance Faci lity„) , which wi11 be adjacent to the existing `.('own maintenance facility; and WHEREAS, the Tawn has adopted, pursuant to 'Sitle 24, Article 55,1, C.R.S., an ordinance designating site' selection and expansion of airports as a matter of state interest, and Yias adapted provisions regulating such activities, including such activities as they xelate to the Airport; and WHEREAS, prior to construction, purchase or authorization of Jules Drive across unincorporated pprtians of the County., the Town is requix'ed by Section 3028-17.0, C. R~. S . , to submit to the Caunty the proposed Location and extent of the project; and WHEREAS, prior to construction of the Maintenance Facility, the County is required by Section 31-23-209, C.R.S., to submit to the Town the proposed location, character, and extent of the project; and WHEREAS, resolution of. Jules brine and Maintenance Facility issues by agreement will benezit the citizens and visa.tors of the County and Town by allowing construction of the Jules Drive IJXtension in a ma~nn:er that does not impair the County's proposed extension of the runway stop way and the runway protection. zone, by correcting th.e Spring Creek drainage diversion, and by allowing construction and opex`atian of the Maintenance Facility consistent with use and development o.f adjacent lands and the Town's infrastructure capabilities; and WHEREAS, pursuant to Section 18t2}(a) and (b) of Article X7V, and Section 2 of Artic7.e TT, of the Colorado Constitution, and Section 29-1-203, C.R.S „ the Tawn and the County are authorized to cooperate and contract with each other for arty function, Service, or facility Lawfully authorized to each; and .~ WI~IERFAS, pursuant to Section~29-20-1050), C.R.S., the Town and the Caunty are authorized and encouraged to cooperate and contract with each other far the purpose of planning ar regulating the development of farad, NUW, TH~REEORTJ, in considera-tian of the mutual covenants and obliga`ta.ons prr~vided ;rterezn, the suff~.ciency of wha.ch is .hereby acknaw~.edged, the 1`own and tkae County agree as follows: A. Ma~.ntenance Facility. 1. Not an Activity of State interest. The Town and the Coub.ty agree that construct~~.on and operation of the Maintenance Facility is not a regulated activity of stag interest undax•Chapters 20.06 through 20.09, Title 20 of the Gypsum Municipal Code, nor will Town. attempt to regulate such facility.under any ordinance adopted pursuant to the authoxization of Title 24 Article 65.1 - Colorado Revisad Statutes. 2. Location, Character and Extent A.pp~.ications. a. Prior to construction, the County shall submit an app~.ication to the Town, fox' the .review of the proposed location, character, and extent of the Maintenance E'acility project pursuant to Section 3~.-23-209, C.R.S. Such application shall meet the submittal requirements of a subdivision exemption pursuant' to Title 17 of the Gypsum Municipal Code, and as provided for in paragraph 3, hereof.. Upon submittal of a complete application, the Town shall consider and rule an such application pursuant to Title 17 of tha Gypsum Municipal Code. b. Prior to acquiring title, the Town shall submit an application to• the County for review of the proposed location and extent of that portion of the Jules Drive Extension located within unincorporated areas of the County, pursuant to ~3D~28-110, C.R.S. Upon submitta]. of a complete application, the County shall consider and rule on such application. 3, Subdivisa.on and Zoning Approval. a. Unless-atherw~:se agreed to by the Town, prior to tkze use of the ~.i.rport Property for the Maintenance Facil.~.ty, the Cous~~y shah. submit for the 'own's r_o~zsideratior~ an appliratio~t for la.gh~i: industrial ~onirag. 3 b. Clnless otherwise agreed to by the Town, prior to any conveyance or development of any part of the Airport Property located wl.thin ,the Town, the County shall submit an application for subdivision exemption for Parcels A and B and _the proposed Jules drive Extension, including drainage easements, as generally depicted on the conceptual development plan attached hereto as Exhibit A and incorporated herein. c, The County's subdivision exemption application sha1J. be based on the Town's subdivision exemption approval. regulations contained in Title 17 of the Gypsum Municipal Code. Such application may be combined with the Location, character and extent application referenced in garagra~ah A., 2r. and the zoning application referenced in paragraph .A., 3. The Town shall waive subdivision exemption application submittal requirements not relevant to .the area or application under consideration. d. As part of the Town's consideration and approval of the County's s~tbcwvision exemption application, the Town and the County shall. agree to payment by the County of transportation impact fees to offset the reasonable and appropriate impacts placed on the Town's transportation. system from the development associated with the subdivision exemption. Sucka fees will. be payable at the time of issuance of a building permit or permits for the structures contemplated by the subdivision exemption approval. Zf additional land use or 'development, not contemplated in the original calculation of transportation impact fees is requested or reaLi~edr add~.tional transportation impac-~ ~ee.s shall. be agreed to arsd assessed prior to the County engaging in such additional land use or development. ~e, Should drainage improveFnents to Tende.rfoat Gul.cl-~ assoria°L°ed irrith. the Ma~.ntenax~ce E'acility not. be able to be shown. in detail in the subdivision exemption application required by paragraph A. 3. b., so as to allow adequate review by the Town, the County shall submit an additional location and extent application and application to amend.. the subdivision exemption plat prior to construction of such Tenderfoot Gulch drainage improvements. Q~, Building permits. Following approval of the subdivision exemption plat, and at least forty- five {4S) days prior to submittal. of applications fox building permits, the County shall submit for tihe Town's approval, which shall not be unreasonably denied, detailed construction .plans for all publ~.c improvements associated with the Maintenance Facility and exemption plat.' Such detailed construction plans shall be deemed approved if no response 9.s given by the Town to the County with such fatty-five {45} day period. 4. Maintenance Faci~.i.ty Development I~i~nita.ti.ons. Construction of the Maintenance Facility shall be Located on no more than 20 acres of 'Airport property and in~ralve no more than 2 accesses to _. Cooley Mesa Road, or the ~5u].es Drives Extension, as depicted generally on Exhibzt A attached hereto and incorporated 1-~erein. So long as it is operated for governmental .purposes! use of the Maintenance Facility shall, be limited' to a maintenance facility for County public Wor]~s, ' transpoxtatian and fleet maintex~.ance services. if used for non-governmental uses under a base lease granted to secure financing, use of the Ma~.ntenancc Facil~.ty shah. be. Limited to uses allowed under the Town's light industrial°. zoning ' . as pxc~vided for in the 198 Master k~Lan and Zanin.g Code r~ f •the '~owr~ . . 5. 'Water and Seater Service. The Town shall 'provide water and sewer service to 'the Maintenance ~`a~:ili~y u~son~ the Coun'ey, at its sole e.ost and expense, meeting all of the '~awnr s rec~uiremer~ts fox wa'~er and sewer service, including ' construction of main ~.a=~.es, paying ~,aater and sewer' 5 tap fees and service charges, and paying water dedica°~ian fees. ' B. ~Ju3.es Drive Extension and Sprin~c Creek Drainage Zm~xayements. 1. Conveyance of Airport Right-of-Way Property. The County shall convey to the Town the Aa.rpaxt Right- of-Way Property for the construction of the Jules . Drive Extension, as approximately depicted and described az~ Exhibit B hereto, and incorporated herein. Design of the Jules Drive Extension sham. provide for an eighty feet (80'} wide right-of-- way, inclusive of road surface, with associated shoulders, side slopes, and drainage ditches. Jules brive shall be located outside of the propas.ed extension of the runway protection zone, tp extend 2,404 feet beyond the end of the existing runway with a width of ~., 010 feet at the mast westerly extension, centered on the extended centerline of existing runway 7/25, and object free area, also as depicted on Exhibit B. 2. Spring Creek Drainage 7.~nprovements. The County shall, at its sole cost, provide far carriage into the Spring Creek drainage located north of the Airport,. of water flows genefated by a 100-year storm event in the Spring Creek drainage, which flows would otherwise be diverted into the ' Tenderfoot Gulch drainage. Drainage improvements may involve construction of drainage improvements as part of the Jules Drive Extension, construction of additional cul~rerts under Airport runways, ar other improvements. If xeguested and paid for by the County, the Town's desz.gn and construction of the ~'ules Drive Extension, and acquisition. of the Airport Right-of--Way Property from the County and other private lands, shall provide for Construction of the 'necessary drainage improvements. Such consta:uct,ion and design rn.ay include f aciliti.es constructed nox'th of the Airport, and not associated wi'ch °the Jules Dxi~re Dxtensian, necessary °to ca~avey sur:h flows a.z~.to Spring Creek in a anannex mu'L°ual~.y a.gxeed upon by tYae County and the ~'arara ~ ".Che preliminary location and design o:~ the impro~reme:rzts necessary to con~rey such flows {"Spring Creek Drainage Improvements") has not yet been agreed upon. Such design shall be agreed to within thirty (~01 days of execution of this agreement, and in any event prior to the final. approval of the subdivision exemption application for the Maintenance liaci].ity The County shall design and construct any additional drainage improvements {„Additional Spring Creek Drainage Improvements") necessary to convey such fl.oGrs to the Spring Creek Arainage Improvements. 3. Jules brive Extension Construction. The Town sha11. initially pay at its sole expense for the design and construct.zon of the Jules Drive Extension across the Airport, as well as to compensate the County, in cash or real property, at fair market value for the Airport Right-ox"-Way Property. It wiZ3. be the County's obligation upon receipt of the compensation for the Airport Right- of-Way Property to reimburse as necessary the FAA for the property; such compensation may be in cash or real property. 4. Final Desi ~`inal design of the Jules Drive Extension, and the Spring Creek Drainage Improvements and the Additional Spring Creek `_ Drainage Improvements, which axe to ba located• within the Jules Drive Extension right-ofwway, and location of the Airport Right--of-Way Property shall be agreed upon by the Town Engineer and an • engineer designated by the County within thirty (30} days of execution of this Agreement. . C. Implerc~entation Ag'reernent. The Town. and the County shad. further define the terms of conveyance• of the Airport Right-af-Way Property to the Town; the acquisitioa=~, timing, amount, value,. and subsequent ownership of the Airport Right-af--Way Praperty~ the d~s~:g'n and construction for tYae Jules Drive Extension, 5pxa.ng Creek Drainage Irnprovemen~ts, and Additional Spring Creek S~raznage Tmpxovements, to be agreed to in a sepaxa'te agreement or ~ as an adde~aduxn to this Ag.~aemerxt. Such sepaxa~ce agreement sl~.all. distribute the vasiaus costs and val.ue;~ o~F the znatteru or~vered by this .~Zc~,reement be•L.ween the ~'ocrn and Countyr a:ncl specify the rash payment, if any, to be made "oy flne Party tra the .~ other Party t•o balance such values. The Town and the County shall cooperate with each other to request FAA financial assistance with all eligible components of the project. No approvals o£ zoning, subdivision exemption, or location, character and .extent sha11 bs given £or the Maintenance Facility or the Jules IIrive Extension prior to such agreement,, if the Town and County do not so agree to such terms within thirty (30) days of the execution of this Agreement, this Agreement shall terminate, be of no further force and effect, and tkie Town and County Will be released of all obligation. herein. b. General. l.. Additional Acta.ons. The Town and the County shall.. execute such. additional documents anci.• agreements anal to take any additional action necessary to carry out the ~.ntent of this Agreement. 2. Captl.ons. The caption of the paragraphs set forth herein are only for convenience and reference, and axe not intended in any way to define, limit, ~ or describe the scope or intent of this Agreement. 3. Assignment. This Agreement znay not be assigned or delegated without written consent of the non- assigning party. ~. Amendment. This Agreement represents tlae entire agreement betvreen the parties regarding the subject matter contained herein. This Agreement may be amended only by an instrument in•writing signed by both the County and the Town. 5. V~aiver ofi Breach. The waiver by ea~ther party to this Agreement of a breach of any term or provision of this Agreement shall not operate ox be construed as a wraiver of any subsequent breach. 6. Specific ~'exfaxmance. In addition to the remedies othex'wise availab7.o, this Agreement nay be enforced by a decree of specific performance for breach. 7. Annual Ap~ppriation. The financial. obligation of the part~.es provided far in this agreement axe subject to funds being appropriated, budgeted, and otherwise made available, and nothing in. this agreement sha11 be deemed to crea+e a multiple year fiscal abli.gation.~ ATTEST TOWN OF GYPSC71w By. Steve Carver, Maynr Gypsum Town Hall P.O. Bax 130 Gypsum, Colorado 81637 L~ J ~ y. E ~ ringer Town C1.erk . r~. ,_ Irv ,~ ~, C~,` /~~'L ~~ we?-k to the Board of County Coanmissionexs COUNTY OF EAGLE, STATE OF COLORAbb, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ~` . F. J nette Phil~.ips Chairman i I ~r ~1 t 0' /! S n r e~ n 0 n. o ~, ~ ' 4. ~. f _ ?ovrr i ,, ~,,, w ~ - - .~ ' • ~~ _ ~ , I { t i I I i r ~I `.l '' ~.,...~ Lf.5. HSGl~1Vk1AY 6 PETE PERRY PROPERTY ' ~ P Q !_aTY a RUNL DARRYt WHITE Lqr 5 ~~.> ~~ BARYON L47' 2 DARRYL LOTS LOTS WHITS ~ ,~,., PROFl=N1Y pRDPE'RTY ~' : •r , ~„~ , , ,~• • ' "~ ' ' ,y+ ^.. ~r.,,~. JULES DRNE AEIGNMEMT 6 9' o ate' ~ f,I~Y ~, 19&4 ^, «'" ~....~ r,., r ++" ~ ..+ ~ 10011 r ~,. 'r -~ ~. r„ r+wH'^rj ..r '1 ...r~~ ~ 5i... + + a Y ~ k ~~ .r ana o aoo . nou GRAPHIC CA~~1N f'EE7 SSA ROAD TaD t.~~' ~ ~ ~~ , ~, Ot.t-07-99 G].:11P 970-945-1253 ' P.O1 P.O. Box i~49 1Q06 Cv~p~e+' Aro. G>ian~rood Sp~ings, co s~so~ ~iCA~.4 AN119 ~4530C1~4?i~3, INC. ESN G CClN3UL1G4t~11Tr ~n7o) 9sssroo (870y tf4~iZti3 ~sx F~,x hover Sheet ~ o: Jeff ShraH Company: Town of Gvosum From: _T9m Zancanelia Fax No: X247&22 Fages: 5 ,including this cover shee# (original wilUwill not follow by matt) Date: Qctober ~. 199 (1:OtIi~M1 Job #: RE : Tats fees Ins~r+uctignslComme~ta: Jeff, hAre's a copy or the fetter stint to you October 1. Torn It yata nova any p~oiatar~s ~~c~;iviri~ this ir.~nsmis~ta~r~ a~ de~ciam~nt(~). pi~~~~ G~11 (~T~~) ~~5-~7i}f1 r '~~.,~oi~Fc~~tfnx~rslLt~A#~;c ur{~cS Oc1r-d7_ 99 O1 : lI.F~ P.O. $~x 1~t3 1GOS G•oap0r Ave, ~:ienwoad S~s~npo, Cd 81!302 ~3'7fJ-945- ,1253 P . 02 ~dN~~NE`~.~ ANA ~#55C'~~e1'i~5, 9f'1~ ~NGINIE~'i1NG ~~lrlSllLT~tiN1~ Octab~er ~ , 1999 Mir Jeff Sfiroli 7Uwn of Gypsum P, O. Bax 7 ~0 Gypsum, CG 91637 FtE: Cagle Cotanty Maintenance Facility Qear JefF: (ayo) sas-s7aa X970) 946-1253 Fax fiF.t Chuck Feidman's request, listed belcw is our estima#e of the proposed EQRs that will de +7eedad to satisfy the tap fee requirements and water dedicaticn rerttairements for the new Eagle county Maintenance Facility. Building A Square footage Et~Rs Tota! EQl;ts Adminastration 889'1 7400 {~1.0 1.4 (2 to~'ets, 2 tars fncm dedi 1881 `dt,,,i,74 0.26 Extra 3 toilets ~4 3 4.9 ~ 1 urinal X0.3 q,3 2 laws r~4.1 S C'.3 2 EWC @0.1 0.2 { ~ 2 sinks @0. ? ~ 0 3 i ~ . 2 kitchens sinks X0,15 ~--~ i Subtotal 3.~6 Euiiding B ____ ~ ~ ~ __._ ~ ~`ieet Maintenance ' u623 7000 sq. ft. min ~ ~1.Q - 2 toilets, ~ °±,~ lays ~~,xtra ~ ' Z sinks c~a 0.15 ~---- 0 ~ r 1 mop sink a~ 3 1 ~ , 0.1 2 urinals ~~.3 ~ d. ~ i A toilets X0_:3 ~ 1.2 i ~ 4 lads t~(?.1 S 0.6 ~ fl 1 ~ ' .~ ~ sho+~~t ~ . spy~g r ~S~~V ~lJ. f `l y,~,~ .__ _.,.,~ .. _...... ~.,..n - -- ,..o._..<, .... Subtotal ,~-_,~.p.... e~'3.~~ ~ i Oct-p7-99 01:11F~ 0 '" can be 970-945-1253 P.Q3 Building C: ~ ~. ~~ ~-"~'-"-- I Fleet Main±snance 27,436 B,OtI(3 1.0 ~ s 19.44 (c~C.13 2.53 Extra 2VItCE (c,~t).~ 0.2 1 ?sundry X0.5 p,6 ? 1 wash bay (~3.(3 (recycling 3.0 Subtotal 7.23 Building 0 Eus Storage 2Q7Qt~ g,C}00 ~~~ 1 U ~ 12.7 00.13 . ~ ?.05 !nciudes up to a ! ..,_. MrF taiet ~ lav Extra ltiash Say - assumes recycling ! Subtotal 3,0 g;g~ ~ Building E Wash Bay ~ 3.0 Building F ! No Change ~ Building u Wash Bay 1 5 Exterior Irrigation t5,Q40 -total ~} 5 1614 X324 ft~ 4536 ft~ 28 Q9ft~ 25Z ft2 ~ 331 GQftZ 3300 ft cau!iyard 6pOp ~ Subtotal G.0 , _ ~rat~l 3o.ss EQRS dale±ed if raw irrir~a2 inn i~ ~ icari _-` The County has a.lse~ presented tiyeir sstima#~ for future ester rights d+ediCation and tap fees (attache.d? Y'~;e appear to have a substantial differer?c;s in number of i=QRs, mostly related to the ca~~ end bus wash facilities. Based on our estimate of 3Q.69 EQRs, the fee would be es fiat!®wS: tr~+ater T'ap Fee b"~ater medication fee Airport Service Area Sever Tap Fee EQRS Rate 30.68 /~'U~ 250{3rlpQR ~~.~~ ~a~ s~oor~ar~ 3?~.69 25013lEt~R 3:,69 2,~.~~ 30f3fl/EAR Tota# 76,725 ~~; 3 tl L ~-$~ 107,+ 15 ' ~ y ~" i 76,725 ~~, 7 92,G7C ~y o ~ ~352,9~5 ,~~~~ x'1.3, S~' opt-a~-9s oi:iz~ 5'70-~J45- 1253 p , a~, The amount cf outside irrigation can be deleted if raw water is utilized. The amount of ECRs for the carlbus wash may vary if the County can supply the supported dcc:~mentation. We may wish tQ consider accepting C & 6 Priority 49 and 61 in exchange for al! or part of the water rights dedication fee. If you haws any questions please call our office at (974) 945-57Q4. Very trulsr yours, Zancanells S Assaclates, loc. Thomas A. Zarcanelfa. P.E. Attachment cc: Ramsey Krop# PJ:193303193303.261eaplacountymainttatate wpd =ayle Cc~:ity Mafnterl~n+cs 5ervica ~ tlt 97iD-945- 1253. F . C7.ri ' , ec y , s•,ater and Sewer !"ap Fee Estirn~t~s ,c1t~, Clvit i~nc~tnt`ernr~, lnc. ti5l1~J99 Ipuatad di8199 lli~dUted A1;•7 r °pdatad 711 +19.3 Id~ L'~ u s Gnc 5abli t S ~3t. EC~i. '.fVa.ter~r~ost Sewer Cost 1•J;nir;istratian Cammerciat q cs^ks 2 sinks ?. todaffi 700tl f rOffiep Q tOtt8t5 , , s ? addl. Sulks (4 tS Bay 1,00 D 30 $ 5 , 7,250.tl.1 S 1.$00.00 1 mao sini~ Qartitor) A addl. toilets /,,^.,3. ea' r . 1 24 $ 2,1 i b.00 7 $ 570.09 i arnk:ng fcJ~rtatn ' 1 r'tcp 9igk . i q0 3 8, 00.Ofl 7 § 2.280.f'.0 889.1 ,t 1 drinRirg fountain . 4 10 $ ,250.UC1 S ~,913C.DJ "1891 addl. sf (0.14r10g0 sf) . 4 25 S 725.ir0 $ 194.C0 Sdbtata! , 3.68 , 3 1 685.fl4 27,985.OC 5 S _ a24.p7 ~ 7 a3.i 00 f'Pwetfoaa Industrial (1} 9 sJnt~ 2 sinks, a to~tarts, 8004 sr 1 00 , . Gia;teks 7 Hddt. Sulks (a,is ea) . 1 ~ $ 7,254.00 5 1,906,00 1 drislk.ng t~untafn ti agdl. taifefs (0.3G aa) 1 80 7,612.SU 5 1,995.00 65«: of ~, 1 drinking FO tairt ~? ,l . • ~~'e''~ S S 13,450.00 7«i 00 S 3,424.'3q 4 fhatwbrs (Oa} I •~. D.40" S . 2 t;00 00 y S 190.00 760 Oa 5ubtcfa) 4.35 E 31,537.50 5 8,285 00 F'C-at MaintenariCa Inaustrie! (i) ;sank 1 sink, i tcilbi, tf404 s9 1 OC 1 t~tiat 19A3B add}. st (0.13l1p00 st7 . 2.53 S S 7,250 00 18 342 5fj 5 S 1,904.Qu 0 ° iaurcf~y 27 1 taurtdr , . _ S A,8 7,00 38 s} chassis v+aatt 0.+70 ~ S . SutrtOtat 7.53 S 25.592~50 S 6.747.rf0 ~ :s Storage Industrr! (t) 1 wink 1 alrtk, t loitat, 900a cf 1 a0 t `+a2Jiart bue vYiisfl (Oj tsu9 wash (240 gas/cY1 . 1.00 S 7 2'30.04 $ 1,9DOA0 5440 sf (4) Sut~sotal 2.40 S 14.50:.00 S 3,60a.00 '. ehicle Naar Ind~sttial (t } vehicle wawh (3) v~stUCle wash (129 Qavdy) 1 40 S 7 x50 OQ Subtotret ~ •QO S , . 7,: so,ca 5 S 1.>a0a.00 1900.0° :rrigatian liripsst3~1 f.;) perviarlent sus (9486 si} 0.93 Ea~i 9a3r tOC si 2.85 S 74.t36Z,50 S Sutrtatsl 2.85 i «0, 82,54 S ProJaet3ubtota3s i 127,537,313 i 28,006.00 ~i6(17ta px~ J`,tJ1 Y~l1tt[ ?sr 1,q0 EAR proJet~ 7'ottt! 3 136,333.50 ~'latsr tap fall 3 2,250.0!1 ~ i3 par 1.00 BQFt ~obCs •lafar badkatlort ft+a S 2,500.40 '~ ~ 5avar Tap F$a $ ~ ~~ ~ i~~ r+irpvriTartktaa S 2~ '~~~ Tatst $ /,900.C0 T4mt S ""~ ::.49~ ~y~®o ~ ~ d D ~') industrial seas ate rsuie~+bd nn a c by ease traaia. t3a~ fees era 1.C~3 ~C7R per 439 gpai with a t3°.4 eansumC.,GVe use rr;aximurn. The stove listed t:C]R values srs a3#ntatatr¢ only and vatP! De CJStif'~rnb¢ b+~'Y00. ,1) f1 vans assumed fat ntv sewer m p f era r~ulrsef !ar tpntpo it ~~+o, (3) Vehtde bvir~it ®rid boos wcwsh t,: vast®r r~lanta>>~rf tarattriea. ra) Entirm boa sterags tJUitr~rJg txJmta~r7a 20,.7 af. ;: at uP e~rsfiorcai spacs~ anr3 Ctta t3~ +soash ;vas used to ~9eterirtine the tap fee, sii tetra ~i rYt~_rh8~ 3.a ~t~6~ are 4~~ to rs; cx(~;iati~art and '' a dnt a~ ~n ad Free ~ssis ~+ytf+b ~°cwr ~f Cvnmr ?,`~„"56t 6'ds~s'3 :Pdd~JS"~ 9§4~„~v.^?'vtVf !~'atii'~ z1:f?'l~Mib4i. a41~, ~ 9~,,t;{ 4:~~fit, £x.ral.+ld5.:lydS~. IPrt~ + 97f?.~+7^rflbaa a Fay 47da 7',~.~bl n ~ t4C0 uC)y'S 71~C6 ! Cq? VA t. G~9 ~t b3>. Appendix B Vail Valley Jet Center Originally server by Upper Eagle Metro District Currently served by the Town of Gypsum at 21.8 EQR Appendix C Ghent Originally server by Upper Eagle Metro District Originally and Currently served by the Town of Gypsum at 1.6 EQR Appendix D _ -~"" Affr~rncys zit Lays t~vrvs.;rvv~tiLr;~ih~enrtl f'~msey:lw: ~rzsp9'' ML' 1110 stz~zrtlzzitcl@£ '~''"r't~`~~`"~~a~' `°~" TO: Bryan Treu, Eagle County Attorney's Office ~;lt ~~- ~_~'~ ~^t;R.~,~ CC: Jeff Shroll, Lana GaIlegos,Town of Gypsum; Tom Zancanell - a FROM: Ramsey L. Kropf, Patrick Miller and Kropf P.C. ,z:~„~.:~ =~t ;z. c~:.~. ~.~-;~ , DATE: May 21, 2009 ~~ Eagle County 1041, EQR Reassessment Determining EOR. A table comparing the EQR evaluation from the 2004 IGA, and the EQR current reassessment is shown below.. The 2004 IGA (Exhibit B) used pure peak month information to determine total EQR. Using peak flow is appropriate, because the Town is required to provide peak water and wastewater flows during months when peak use occurs. In addition, as the airport grows, this gives the town a buffer, because the peaks will generally increase. Zancanella and Associates acpdated its last assessmentf from that provided to Eagle County in Lana's Apri124, 2009 memo. The updated analysis reviews the ai>.port's peak uses in the exact same way that the County and Gypsum previously agreed upon for the 2004 IGA. ?;~a:. Ert=`-, The peak is derived from reviewing monthly and annual metexed use at the terminal 73G 1. [3urauc tlr~txuc and the AARF facili y) sR~i~~ ~Ge ty (onl over the last four year period. These peaks are not based on irrigation, as was the issue in the past. Rather, we surmise that the peaks `~~'1'`"' ~'~~ sY~t ~ are based on the winter en °i:. ~~o,~zv,tuzq planements, which are seasonal to be pertain, and reflect ~_ ~~c.~za.~s~~ growth over the last few years, particularly during ski season. t.~~siizr #~Jili~'s. However, the peak month in March 2006, far 406,000 gallons appears to be an 4»ti 1~sc}, s=~'{Ct outlier, and we note lower peaks in the other years in the reassessment period. ~~~~~ t"~°«r Based on this, we have updated the EQR analysis using the peak month of February l~ezr"~' ~'~~ s~~v~ 2007 for the reassessment. If in the next three years, the peaks indicate that the ~ 3tr~.s~~ t~7~c 359 000 was not indicative for peak demand, then the Tawn will communicate and h. 3C3,8J3.7f~trt~ ' adjust EQRs with the county as necessary. ~~ i s. l~. ~~a.,:telt,~z~lc Based on metered use, the peak months can be summarized on the following table: Suiee %OC ~1tc5Citt, ~% $~irtf3 `C`. ~FS~:`!2 t.7G~l~i A$%.9~t.~fi~+3- 1t~~3 ~ IzJrd l'l.is.~ 1 The analysis provided by Zancane3la & Associates for the April 24 letter looked at the gallons bralcen down at several different meters, and then "averaged" the 2-4 months in ZOOS, 2006, 2007 Szzaes. ~v~ i~ and 2008 to come up with a average for just those uses a# the #erminal, and then assigned a straigh# ~•"1~~' ~?t~. 7'~€1.xa S.0 EQR to the AARF facility, and 1 EQR each to the County's other ttivo buildings. That analysis /`~ 9ts.<1~e?'•tG3~ provided a slightly higher EQR calculation, and #herefore, Zancanella ~~ Associates revised to match l"` t'~~"'~~~''~~`t° the 200~F Agreement analysis, which is simpler. However, it is still a peak f3ow analysis. ~3,iZ)fG ;:)t"spf ruf f:#7, z.=tL)17 4v:lGYPSI3N1137 i (2) Eagly County 1Q411Ivlemoslll~temoShroll CQR Detemiizzatian 5-20-09.doc ,.;. E'er i (F l t~' ~, ~~=1 ~ 1. ~., ~ I. ~ ~ ~~.?~~:?~' [° Bryan `1'reu, Eagle County Attorney Page 2 May 21, 2009 Year Peak Months Total NIonthl Diversions in aIIons 2005 Jan 298,000 Feb 282,000 March 330,000 Dec 249 000 2006 Feb 335,000 March 409 000 2007 Jan 340,000 Feb 359,000 March 327,000 Dec 229 000 2008 Jan 284,000 Feb 293,000 March 273 000 Determining FOR Prepaid Status. Gypsum's code section 13.08.060, provides that one EQR is assigned where average monthly peak water demand is equal to 15,000 gallons. For the 2004 IGA, we used the highest peak gallons metered in the three year period for determinizzg EQR, divided that by 15,000 per EQR. For the xeassessment, we did the same calculation, but used the second highest peak xnanth and the result is shown below. Peak Flow Total Divide Peak Flow by 15,000 Add 5% per 2004 Metered Diversions in gallons per EQR = EQRs IGA Gallons Currentl Beira Used 2004 IGA March 2003 20.53 EQR 21.56 EQR 308,000 aIIons 2009 Reassessment February 200b'1r. 23.93 EQR 25.13 EQR 359 000 allons Therefore, the remaining fee credits that Eagle County still has available from the 2004 IGA are applied against the incxeased EQR as follows: Water Service Tap Water Right 2004 IGA ~'otal Credit to Ea (e Count ff`ee in E R Dedicatian . 2004 IGA Uses + 23.83 + 25.60 2004 IGA Remainin Credit <21.56> 2 <21.55> .27 4.04 2004 Assessment Less ~unonnt from 2004 IGA _ _ Increased Use iri EQR _~ Subtract remaining Credit ^~ 25.13 <21 S6> 3.57 ~ 25.? 3 <21.56> 3.57 ____ f3al~u~ue of EQR Date to G _ <2.27-~ ~ <4.04> ypsum, or 1.3 <0 47> remaining creclir, (shown in < >} to ror Eagle . County Current Fee 1Zate at t_r~~st~m ~ ~ m `6 000 ~ _~. `7 0 1'otat Fee duP ~t.A _ ~..~_~~.~ ~.~..~ _ ~~4.evr_.~- _ , ~n.~__.~..v.u~__~' 1,800 . 00 ~~ _ n/a 4V:1CiYPSUM137 i (2) Eagiy Couuly 10431~~riemosVUevaaShrolI F_.QR Detenuu:ation S••2o-09.duc :-..>-. y { p (~ ~,r Bryan Treu, Eagle County Attorney Page 3 May 21, 2009 Please note that the 2004 IGA did not address wastewater flows, however, the agreement does note that the same EQR calculations apply. Therefore, additional fees far the additional 3.57 EQR of wastewater use would be calculated at the $7,000 per EQR fee, for $24,990. It is my understanding from talking to Tom Zancanella, that the airport's peak flow demands for wastewater are particularly significant in the peak winter months, leading to various requirements for infrastructure improvements. Finally, this review has prompted Gypsum to review its billing to Eagle County. We will update you with this information as well once all of it is summax7~ed. Thank you and please feel free to call with any questions. W:IGY?SUy(137 i {2) Eagly Coun#y 1041VYIemos4blemoSluoIIFQR Determination 5-20-09.doc TERM SHEET 1) Requested hearing date• (First choice) 7/13/2010 (Second choice) 7/20/2010 2) For County Manager signature: No U 3) Requesting department: County Attorney 4) Title: Supplemental Intergovernmental Agreement with the Town of Gypsum 5) Convening as another board or authority? State name 6) Check one: Consent: XX On the Record:•~_ 7) Staff submitting: County Attorney Representative 8) Purpose: Supplemental IGA to previous agreement for the provision of water and sewer to the north side of the Airport following annexation of the same into the Town of Gypsum. 9) Schedule: N/A 10) Financial considerations: Contract amount? N/A Has agreement amount been fully budgeted? N/A How much of the budgeted funds will remain after execution of this contract? Does agreement comply with Eagle County's Purchasing /Bidding /Request for Proposal Guidelines set forth in Resolution 2006-071? If no, list in detail the reason for non-compliance including any exceptions set forth in Resolution 2006-072. List dollar amount of all bids and provide detail for your choice of vendor, including but not limited to, such items as price, quality, experience, local preference, etc. 9) Other: p~pp, v D AS OFtM ~. ` Eagle ~~unty Attorney's ~~!re ~y'"~d~l ~ f}~K;9~!~i!§s19~i~F~ ~ff!f:~: