TOWN OF GYPSUM, COLORADO 

### Ordinance No. 09 (Series 201 0) AN ORDINANCE ANNEXING CERTAIN LANDS KNOWN AS PARCEL 1, 2 AND 3 OF 

### THE SECOND EAGLE COUNTY AIRPORT ANNEXATION, TO THE TOWN OF GYPSUM, COLORADO.



## ::Sf.~/~·· WHEREAS, a petition ("Petition') for the annexation of land known as Parcel 1, 2, and 3 of the Second Eagle County Airport Annexation, described on Exhibit A attached hereto and incorporated herein by this reference (the ""Property"), has been submitted to the Town of Gypsum; and WHEREAS, the Town Council has adopted Resolution 201 0-19 Initiating Annexation Proceedings for Certain Property to be known as Parcel 1, 2, and 3 of the Second Eagle County Airport Annexation and Finding the Petition to be in Substantial Compliance with Section 31-12-107, C.R.S.; and WHEREAS, the Petition has been signed by more than fifty percent (SO%) of the owners of the Property who own more than fifty percent (SO%) of the Property, exclusive of streets and alleys; and WHEREAS, all applicable requirements of the Gypsum Municipal Code have been fulfilled; and WHEREAS, the Town Council has held a public hearing, received evidence, and adopted Resolution No. 2010- 20 Setting Forth Findings of Facts and Conclusions regarding Parcels 1, 2, and 3 of the Second Eagle County Airport Annexation; WHEREAS, the Property is eligible for annexation in accordance with the Municipal Annexation Act of 196S; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF GYPSUM, COLORADO, as follows: Section 1 -INCORPORATION: The recitals set forth above are incorporated and ordained as if set forth in this section in full. Section 2- ANNEXATION: The Property is hereby annexed to the Town of Gypsum, Colorado. Section 3- ANNEXATION CONDITIONS: The annexation of the Property is subject to the terms and conditions of the Annexation Agreement North Airport Annexation Agreement approved by the Town Council on the 13th day ofJuly, 2010, between the Town of Gypsum and the landowners petitioning for annexation:Section 4- FILINGS: Within thirty (30) days after the effective date of this Ordinance, the Town Clerk shall:

a. File one copy of the annexation map with the original of the Annexation Ordinance in the office ofthe Clerk of the Town of Gypsum, Colorado. b. File two certified copies of the Annexation Ordinance and map of the area annexed containing a legal description of such area with the County Clerk and Recorder. Section 5 - PUBLIC HEARING: A public hearing on this Ordinance shall be held on the 13'' day ofjuly 2010 at 7:00p.m. at the Town Council Chambers, Gypsum Town Hall, Gypsum, Colorado. Section 6- EFFECTIVE DATE: This Ordinance shall become effective as a permanent ordinance five days after publication following final passage. Section 7- SEVERABILITY: If any portion of this Ordinance is found to be void or ineffective, it shall be deemed severed from this Ordinance and the remaining provisions shall remain valid and in full force and effect.

ATTRT: 

# J. 0 A



# -~--~------- Danette Schlegel Town ClerkEXHIBIT A LEGAL DESCRIPTION OF PROPERTY

PARCELl A parcel ofland locatedinSections 2, 3, 4, and 9, Township 5South, Range 85 West ofthe Sixth Principal Meridian, TownofGypsum, Eagle County, Colorado beingmoreparticularly described bymetes and bounds asfollows: Beginning at a pointbeing the SoutheastCorner ofthe Eagle County Maintenance Service Center, accordingtothe Amended ExemptionPlatthereof, as recorded October 20, 1999 as Reception No. 712446; thence N00°09'30"E, 1282.80 feet to Angle Point 1 ofTractNo. 66 also being the Southeast Corner ofthe Longview Subdivisionaccording to the Platthereof as recorded December 27, 1971; thence along the SouthboundaryofsaidLot 1 S89°53'27"W, 340.66 feet; thence 490.42 feet along the arc of a curve to the lefthaving a radius of700.00 feet and a central angle of40°08'31" the chord ofwhichbears N42°01'07"E, 480.46 feet to the Northboundaryofsaid Lot 1; thence N83°06'37"E, 20.21 feet, tothe northeastcornerofsaidLotl;thence departing said Lot 1 Boundary and along the Westline ofTract 62 N 01°08'09" W, 4.58 feet to the Southwestcorner ofLehmannParcel according to the Annexationplatthereofrecorded atReception No. 200617642; thence departing theWest line ofsaidTract 62 and along the Southlines ofsaid LehmannParcel N 81°50'25" E, 3616.85 feet to the Southeastcorner of saidLehmannParcel; thence along the easterlyboundary ofsaid Lehmann Parcel, and the easterly and southerly boundary ofGypsum Airpark LLC, DBA Gypsum CommercialPark, as recorded atReceptionNo. 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 southerlyline ofGypsum Airpark LLC, DBA GypsumCommercialPark, continueS 89°08'06" E, 1785.68 feet; thence N 00°51'00" E, 200.00 feet; thenceS 89°09'00" E, 1962.68 feet; thence S00°44'07" W, 200.00 feet; thence S89°09'21" E, 213.88 feet; thence S 70°31'00" E, 327.11 feet to a pointonthe 2-lline ofTract56; thence along said line N 89°06'30" E, 479.92 feet to Corner 1 of saidTract56 and Corner4 ofTract55; thence along the4-5 line ofsaidTract55, N 00°11'54" W, 331.44 feet to the Northwestcorner ofthatparcel ofland described in Book433 atPage 775; thence along the Northline of said parcelS81°24'27" E, 1719.38 feet to the Northeastcorner of said parcel; thence continueS 81°24'27" E, 25.24 feet to the NorthwestcornerofHoffman ExemptionPlataccording to the platthereofrecorded in Book 682 atPage 812; thence alongthe Westboundary ofsaidplatthe following three (3) courses and distances: 1) S00°48'16"W, 973.02 feet; 2) 66.92 feet alongthe arc ofa curve to the righthaving a radius of85.03 feet, a central angle of 45°05'54" and a chordwhichbears S23°21'02"W, 65.21 feet; 3) S00°48'16"W, 183.50 feet, to the Northernboundary ofthose lands described inthe Eagle CountyAirportAnnexation to the TownofGypsum, according to the AnnexationMap thereofas recorded February 6, 1997 as Reception No. 614097; thence along said Northernboundary S81°50'29"W, 8852.25 feet; thence S00°00'00"E, 6.53 feet to the Northboundaryofthe Cooley Mesa Road Am1exation to the Town ofGypsum,recordedFebruary 6,1997 as reception No. 614098; thence along said Northernboundary the following eighteen (18) courses: 1) 424.73 feet along the arc ofa curve to the lefthaving a radius of 1939.86 feet and a central angle of 12°32'41" the chord ofwhichbears 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, 50.16feet; 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 alongthe arc of a curve to therighthaving a radius of 1115.92 feet and a central angle of 13°41'46" thechord ofwhichbears S79°19'23"W, 266.12 feet; 12) S86°43'16"W, 22.37 feet; 13) S88°09'25"W, 49.29 feet; 14) S89°26'23"W, 49.55 feet; 15) S89°53'24"W, 26.98 feet; 16) S00°04'17"E, 7.70 feet; 17) S89°27'21"W, 570.79 feet; 18) N89°20'56"W, 302.03 feet to thePointofBeginning. Containing452.2 acres ofland more orless.

PARCEL2 A parcel oflandbeing a portion ofTract54, Township 5 South, Range 85 Westofthe 6thPrincipal Meridian, County ofEagle, State ofColorado, more particularly described as follows: Beginning at a pointbeing angle point2 ofsaidTract 54, thence along the northline ofsaidTract 54, S89°08'13"E, 714.26 feet to a point,beingthenortheastcornerofParcel A, Greenman ExemptionPlat, as recordedApril28, 1989 atReceptionNo. 401473, inthe Office ofthe Eagle CountyClerk and Recorder; thence departing said Tractline and along the southeastboundary 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) S49°08'07"W, 156.51 feet; 7) 37.64 feet along the arc ofa curve to the righthaving a radius of 1245.92 feet, ancentral angle of 01°43'51", and a chordwhichbears S53°28'32"W, 37.63 feet to the westerlyline of saidTract54; thence along saidwesterly line ofTract54 N00°01'12"E, 647.52 feet to thePointofBeginning, Excepting therefrom: i) thatportionofthe CooleyMesa Road right ofway definedinthe Cooley Mesa Road Annexation as recorded inthe Eagle County Clerk and Recorder's Office as Reception No. 614098 and,ii) thatportionofthose lands defined as Eagle County AirportAnnexationto the Townof Gypsum as recorded atReception No. 614097 inthe Office ofthe Eagle CountyClerk and Recorder, County ofEagle, State ofColorado. Containing 3.52 acres more orless.

PARCEL3 A Parcel ofland, located inTract 60, Section3 and 10, T5S, R85W, 6thP.M., County ofEagle, State ofColorado, according to the IndependentResurvey thereof as acceptedby the GeneralLand Office June 6, 1923, also being northerly ofand adjacent to the Cooley Mesa Road, said parcel being more specifically described as follows: Commencing atthe monumentmarking the wib1ess corner to angle point3 oftract57 from which angle point2Tract 54 bears N71°44'56"E, 4175.85 feet; thence S89°04'54"W, 30.01 feet to the true Point ofBeginning being the southeastcorner ofthe "NunnProperty" as definedinthe Num1 Property, Land Survey Platas deposited inBook 001 atPage 660 inthe Eagle County, Colorado, Land Survey Platdepository; thence S89°04'54"W, 295.23 feet along the northerly boundary ofthe Cooley Mesa Road right ofway, thence N00°21'00"E, 295.16 feet, thence N89°04'54"E, 295.23 feet, thence S00°21'00"W, 295.16 feet to the pointto the pointofbeghming. Containing 2.00 acres more orless

### SUPPLEMENTAL
THIS SUPPLEMENTAL INTERGOV NMENTAL AGREEMENT, ("Agreement") is made and effectivethis 

## 13 day of , 2010, by and between the TOWN of GYPSUM, COLORADO, a Colora o h01 e-rule municipality ("Gypsum"), and the COUNTY ofEAGLE, a political subdivision ofthe State ofColorado, acting through its Board of County Commissioners ("County"). Gypsum and the County may be referred to herein as the "parties." 

### RECITALS l. 

### 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 April19, 2004 ("2004 Agreement"). 2. Gypsum has succeeded to certain other Agreements respecting the delivery of water and water chmges 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 ofthe 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. ' /SUPPLEMENTALINTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE2 

### 6. Gypsum currently provides water to the existing development on the Annexation Property including (a) that portion ofthe 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 1EQR to service the Eagle County Airpmt Tower on May7, 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 ofthe 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 clue 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 ofup 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 oftap 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.

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### 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 peal' 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 preexisting 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 ExhibitB.
B. Expected 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 ofthe 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 (HAATS), 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 ValleyJet 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 ifthe County leases property to other entities.
D. Annexation Wate.L Generally, Gypsum requires Annexation Water to be dedicated prior to annexing new property. In this case, Annexation Water is not required from the County clue 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 ofthe planned expansion at the National Guard facility. The amount of Annexation Water required for such

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### 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, ifthe 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 Payment. 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 Payment. 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 ofFinal 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 lrnd 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 Prope1ty 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

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### shall be conveyed to Gypsum upon completion of constmction, 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 ofthe Code, for acceptance by Gypsum ofany water main lines or improvements shall be met prior to Gypsum providing service to any ofthe 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 offees 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 clue 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 belocated at a visible location on the front of the stmcture and which shall not be used for irrigation purposes. The County shall

C:\Documents and SeLtings\htreu\Local Scttings\Temporary Internet Filcs\Content.Outlook\ND9UET08\Supplementnl IGA FINAL 6- 30-lO.docSUPPLEMENTAL lNTEHGOVEHNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE6 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. Inadequate System Capacity. 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 ofsuch 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 ofservice. 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 <md 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 m<mner acceptable to Gypsum, and from existing Gypsum sewer lines to and through the Airport Propetty; and

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### 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 specifiedby the Code at the time ofbuilding 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 ofbuilding 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, stubouts, 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 constmcted pursuant to this Agreement except service lines and Required Improvements related to individual sewer service, shall be conveyed to Gypsum upon completion of constmction. 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 ofall 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 ofthe 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 <my new connections at the Property are made, the current airport area sewer service fee shall be C:\Documcnts and Settings\blrcu\Local Settings\Temporary Internet Filcs\Content.Outlook\ND9UET08\Supplemental IGA FINAL6- 30-lO.docSUPPLEMENTALINTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGES 

### 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 OtherExteriorWater Uses A. Irrigation use on the Airport Property. The 2004 Agreement explicitly barred the use oftreated 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 Priorto Completion ofthe 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. WaterUse 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 ofthe 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 ofthe 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\btrcu\Local Settings\ Temporary Internet Filcs\Content.Outlook\ND9UHT08\Supplemental IGA PINAL 6- 30-IO.doc 'SUPPLEMENTALINTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE9 

### COUNTY OF COLORADO EAGLE, STATE OF By 

### and through its BOARD OF COUNTY COMMISSIONERS

Attest:

Clerk to the Board ofCounty Com

TOWN OF GYPSUM



# B~~ Steve Carver, Mayor

**By,~~~~~~~~~~** 

### Danette Schlegel Town Clerk, Town ofGypsum STATE OF COLORADO ) ) ss: COUNTY OFEAGLE ) Subscribed and sworn to before me thisL$dday



# of~, 2010 by Chairman ofthe Eagle County Board ofCounty Copiz¥oners. Witness my hlmd and official seal. My Commission expires 

## /.d-

# /a 

# h

..oi0

. I I


### NANCY 

## R.WRIGHT NOTARY PUBLIC STATEOFCOLORADO MyCommillslon Expirea 1211812010 

### Sara J. Fisher, as

C:\Documenls anti Settings\btreu\Local SeLtings\Temporary

**Tntern~t** Files\Content.Oullook\ND9UET08\Supplementa!IGA FINAL 6- 30-IO.docSUPPLEMENTALINTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGEIO STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) Subscribed and sworn to before me this 

# /"3 day



## of.~, 2010 by Steve Carver, as Mayer ofthe Town ofGypsum.

- Witness myhand and official seal. My Commission expires 

# 3 · I';) ··· \ 

### ,.;;J

C:\Documcnls and Settings\btreu\Local Settings\Tcmporary Internet Files\Conlcnl.Outlook\ND9UET08\Supplcmental IGA FINAL 6- 30-10.(\oc

### PARCELl A parcel oflandlocatedinSections 2, 3, 4, and 9, Township 5 South, Range 85 West ofthe SixthPrincipal Meridian,Town ofGypsum, Eagle County, Colorado beingmoreparticularly described bymetes andbounds as follows: Beginning ata pointbeingthe SoutheastCorner ofthe Eagle County MaintenanceService Center, accordingto the AmendedExemption Platthereof, as recorded October 20, 1999 as Reception No. 712446; thence N00"09'30"E, 1282.80feet to Angle Point 1 ofTract No. 66 also beingtheSoutheastCorner of the LongviewSubdivisionaccording to thePlatthereofasrecorded December 27, 1971; thence alongthe Southboundary ofsaidLot 1 S89"53'27"W, 340.66 feet; thence 490.42feet along the arc ofa curveto the lefthaving a radius of700.00 feet and a central angle of40"08'31" the chord ofwhichbears N42"01'07"E, 480.46 feet to the Northboundary ofsaidLot 1; thence N83"06'37"E, 20.21 feet, to the northeast corner ofsaid Lotl;thence departing saidLot 1 Boundary and along theWestline ofTract 62 N 01"08'09" W, 4.58 feetto the Southwestcorner of LelunannParcel accordingto the Annexationplatthereofrecorded at Reception No. 200617642; thence departing theWestline ofsaidTract 62 and alongthe Southlines ofsaidLehmannParcel N 81"50'25" E, 3616.85 feet to theSoutheast corner of saidLehmannParcel; thence alongthe easterly boundary ofsaid LelunannParcel, and the easterly and southerly boundary of Gypsum Airpark LLC, DBA GypsumCommercial Park, 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 ofGypsum AirparkLLC, DBA Gypsum CommercialPark, continueS 89"08'06" 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 pointonthe 2-1line ofTract 56; thence along said line N 89"06'30" E, 479.92 feet to Corner 1 ofsaidTract56 and Corner4 ofTract55; thence along the 4-5line ofsaidTract55, N 00"11'54" W, 331.44 feetto the Northwestcorner of thatparcel ofland described inBook433 atPage775; thence alongthe Northline ofsaidparcelS81"24'27" E, 1719.38 feet tothe Northeastcorner of said parcel; thence continueS 81"24'27" E, 25.24 feet to the Northwest corner ofHoffman ExemptionPlataccording to the platthereofrecmded inBook 682 atPage 812; thence along theWestboundary ofsaid platthe following three (3) courses and distances: 1) S00"48'16"W, 973.02 feet; 2) 66.92 feet alongthe arc of a curve totherighthaving a radius of 85.03 feet, a central angle of45"05'54" and a chord whichbears S23°21'02"W, 65.21 feet;



### EXHIBIT 

# I 

# A3) S 00°48'16"W, 183.50 feet, to the Northernboundary ofthoselands described in the Eagle CountyAirport Annexationto the TownofGypsum, accordingto the AnnexationMap thereofas recorded February 6, 199,7 as ReceptionNo. 614097; thence along saidNorthernboundary881°50'29"W, 8852.25 feet; thence S00°00'00"E, 6.53 feet to theNorthboundary of the Cooley Mesa Road Annexation to the Townof Gypsum, recordedFebruary 6, 1997 as receptionNo. 614098; thence along saidNorthernboundary the following eighteen (18) courses: 1) 424.73 feet alongthe arc ofa curve to thelefthaving a radius of 1939.86feet and a central angle of 12°32'41" the chord ofwhichbearsS77°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, 50.16feet; 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, 49.37feet; 9) S7r14'17"W,49.27feet; 10) S72°24'15"W, 2.70 feet; 11) 266.75 feet along the arc of a curve totherighthavinga radius of 1115.92 feet and a central angle of 13°41'46" the chord ofwhichbears S79°19'23"W, 266.12 feet; 12) S86°43'16"W, 22.37 feet; 13) S88°09'25"W, 49.29 feet; 14) S89°26'23"W, 49.55 feet; 15) S89°53'24"W, 26.98 feet; 16) S00°04'17"E, 7.70feet; 17) S89°27'21"W, 570.79 feet; 18) N89°20'56"W, 302.03 feet to thePointofBeginning. Containing452.2 acres ofland more or less.

### PARCEL2 A parcel oflandbeing a portionofTract54, Township 5 South, Range 85 West of the 6thPrincipal Meridian, County ofEagle,State ofColorado, moreparticularly described asfollows: Beghming ata pointbeinganglepoint2 ofsaidTract54, thence along the north line ofsaidTract54, S89°08'13"E, 714.26 feet to a point,beingthenortheastcorner ofParcel A, GreenmanExemption Plat, as recorded April28, 1989 at Reception No. 401473, inthe Office ofthe Eagle CountyClerkand Recorder; thence departing saidTractline and alongthe southeastboundary ofsaidParcel 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) S49°08'07"W, 156.51 feet; 7) 37.64 feet alongthe arc ofa curve to therighthaving a radius of 1245.92feet, ancentral angle of01°43'51", and a chordwhichbears S53°28'32"W, 37.63 feet to thewesterly line of saidTract54; thence along saidwesterlyline ofTract54 N00°01'12"E, 647.52feet tothePointofBeginning, Exceptingtherefrom: i) thatportion ofthe Cooley MesaRoadrightofway defined in the Cooley Mesa Road Annexation asrecorded intheEagle County Clerk and Recorder's Office as Reception No. 614098 and, 

### ii) thatportion ofthose lands defined as Eagle CountyAirportAnnexationto the Town ofGypsumas recorded at Reception No. 614097 inthe Office ofthe Eagle County Clerk and Recorder, County ofEagle, State ofColorado. Containing3.52 acres more orless.

### PARCELS A Parcel ofland, located inTract 60, Section3 and 10,T5S, R85W, 6thP.M., County ofEagle, State ofColorado, accordingto the IndependentResurvey thereofas acceptedbytheGeneral Land OfficeJune 6,1923, alsobeing northerly ofand adjacentto the Cooley Mesa Road, said parcel being more specifically described as follows: Commencing atthe monumentmarkingthewitness corner to anglepoint 3 of tract57 from which anglepoint2Tract54 bears N71°44'56"E, 4175.85 feet; thence S89°04'54"W, 30.01 feet to thetrue Point ofBeginningbeingthe southeast corner ofthe "NunnProperty" as definedinthe NunnPxoperly, Land Survey Plat as deposited inBook 001 atPage 660 inthe Eagle County, Colorado, LandSurvey Plat depository; thence S89°04'54"W, 295.23 feet along the northerlyboundary of the Cooley Mesa Road rightofway, thence N00°21'00"E, 295.16 feet, thence N89°04'54"E, 295.23 feet, thence SOOo21'00"W, 295.16 feet to the pointto the point ofbeginning. · Containing2.00 acres more or less

## PATRICK I MILLER I KROPF Attomeys at Law www. waterlaw. com

Ramser L Kropf" sh,wcholdcr lmlpf@v.-•Ut·l-bw.com

**rcpl~** to :\:>pt·n \'fliL'L'

h-bin (

**)ffi~·~.-·:** 730 E. Dur.tnt Avenue

**Suit~** 200 Aspen, CO 81611 r. 970.920.1o2s F. 970.925.6847

**D~.-·n\'(:r** Offin·: 999 18th Street 30th Floor Denver, CO 80102 T. 303.893.9700 1-. 303.893.7900
Pho.:nix

**Offi~.:t·:** 2415 E. Caruelback Suire 700 Phoenix, AZ 85016 T. 480.921.4044 1'. 480.921.8688
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**t1ffic~::** 7633 E. 63rd Pb:e Suite 300-18 Tulsa, OK 74133 T. 918.45?.4634 L ?70.925.6847 

# MEMO

TO: BryanTren, Eagle County Attorney's Office CC: FROM: JeffShroll, Lana Gallegos,Town ofGypsum; TomZancanella Ramsey L. Kropf, PatrickMiller andKropf, P.C. DATE: May 21,2009 

### RE: Eagle County 1041, EQRReassessment 

### ********************************************************** Determining EOR. A table comparing the EQR evaluation fi·om 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'sApril 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 2004IGA. The peak is derived from reviewing monthly and annual metered use at the terminal and the AARF facility (only) 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 are based on the winter enplanements, which are seasonal to be certain, and reflect growth over the last few years, particularly during ski season. However, the peak month in March 2006, for 406,000 gallons appears to be an outlier, and we note lower peaks in the other years in the reassessment period. Based on this, we have updated the EQR analysis using thepeak. month ofFebmary 2007 for the reassessment. If in the next three years, the peaks indicate that the 359,000 was not indicative for peak demand, then the Town will communicate and adjust EQRs with the county as necessary. Based on metered use, the peakmonths can be summarized onthe following table:

1 The analysis provided by Zancanella & Associates for the April 24 letter looked at the gallons broken down at several different meters, and then "averaged" the 2-4 months in 2005, 2006, 2007 and 2008 to come up with a average forjust those uses at the terminal, and then assigned a straight 5.0 EQR to the AARF facility, and I EQR each to the County's other two buildings. That analysis 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.

a professionafcorporation 

### EXHIBIT W:\GYPSUM\37 i (2) Eagly County 1041\Memos\MemoShrol\ EQR Delermination 5-20-09.doc 

# 2

### I'AIRICK i 

### MIUI:R 

## I KROI'I Bryan Treu, Eagle County Attorney Page 2 May 21,2009

Year PeakMonths 2005 Jan Feb March Dec 2006 Feb March 2007 Jan Feb March Dec 2008 Jan Feb March Total MonthlyDiversions in eallons 298,000 282,000 330,000 249,000 335,000 409,000 340,000 359,000 327,000 229,000 284,000 293,000 .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 highestpeak month and the result is shownbelow.
Peak Flow Total Divide Peak Flow by 15,000 Add 5o/o per 2004 Metered Diversions in gallons per EQR 

### = EQRs IGA Gallons CurrentlyBeine Used 20041GA March2003 20.53 EQR 21.56 EQR 308,000 gallons 2009 Reassessment February 20067 23.93 EQR 25.13 EQR 359,000 gallons 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 Water Right ]fee in EQR Dedication 2004IGATotal Credit to Eagle County + 23.83 + 25.60 20041GAUses <21.56> <21.56> 20041GARemaining Credit 2.27 4.04 2009 Assessment 25.13 25.13 Less amount from 2004 IGA <21.56> <21.56> Increased UseinEQR 3.57 3.57 Subtract remaining_Credit <2.27> <4.04> Balance of EQR Due to Gypsum, or 1.3 <0.47> remaining credit (shown in < >) to for Eagle County Current Fee Rate at Gypsum $6,000 $7,000 Total Fee due $7,800 n/a

W:\GYPSUM\37 i (2) EaglyCounty 1041\Mcmos\MemoShroll EQR Determination 5-20-09.doc

### l'ATIZICK 

### llv11 U l:R 

## i KROI'F BtyanTreu, 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, for $24,990. It is my understanding from talking to Tom Zancanella, thatthe airport's peale 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 ofit is summarized. Thankyou and please feel free to call with any questions.

W:\GYPSUM\37 i (2) EnglyCounty 1041\Mcmos\MemoShroll EQR Determination 5-20-09.docP.O. Box 1908 1011 Grand Avenue Glenwood Springs, 

### co 81602

Jeff Shroll Town of Gypsum P. 

### 0. Box 130 Gypsum, CO 81637 Dear Jeff: November 13, 2009 (970) 945·5700 (970) 945·1253 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 ofthe 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 to 80 EQRs of future use projected through 2060, as shown in Table 2R under this 1041 review. To allow the County some flexibility in their future use, the 80 EQRs can be cumulatively used for domestic purposes. Commercial or industrial uses that consume more than 5% of the water diverted would need to be evaluated on a case by case basis, but the upper limit of 80 EQR would apply.



### EXHIBIT 

# I 

# C,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 service for Table 4R to be a maximum of 70 EQR. Under 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 water or sewer services. We have assumed that these facilities will remain without services in the future. We listed them to show in the future that they were 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 & Associates, Inc.



### lk/lfM

## IIZMaa,rel!a Thomas A. Zancanella P.E.

Attachments

cc: Ramsey Kropf, Esq. Bill Lorah

z:\93503\93503.11 airport annex\2009\shroll-eagle county 1041.docFacility 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 TABLE 1 Eagle County Regional Airport Facilities and Water Usage

Facility Description

Tenninal Buildin
Vail **Vall~** Jet Center Executive Ha_D_ger
Fuel Farm Electrical Vault

Air Traffic Control Tower County Storage Building Trailer (National Guard) Rental Car Preparation Facility

Fuel Truck Shed High-Altitude Army Aviation Training Site (HAATS) Colorado Army

National

Guard Water StoragE? Tank

**(Und~IQ_Id_l)d)** Intentionally

Left Blank Ceilometer Automated Weather Observing System (AWOS)

Airport Building Lease to Hertz
Airport Rescue and Fire Fighting (ARFF)/Snow Removal Equipment

(SRE)

Building Fixed Base Operaic>r_(FBO_l_ Precision Approach Path lnd_icator (PAP!) Nondirectional Beacon (on Tower) Runway End Identifier

**hig~'lts** (REIL) LiQhts

Medium Intensity Approach Lighting Sytem with Runway Alignment

Indicator

Lights (MALSR) Distance Measure Equipment Medium **lntens~ity** Approach Lighting System (MALSF) Building

Jones' Hanger Glide Slope Double Localizer Array Terminal BuildinQ-8/ Customs and !migration

Bl-6 Radar Buildirlg_
Self Fueling Station Segmented Circle Glycol Stor_§_g_e Tank
Multi Level Parking Structure Commuter Rail Terminal County Road and Bridqe Facility T-Hanger and Executive Hanger Development Area Existing or fillure E **~** (E)(E)_ (E) (E) (E) (E) (E) {E)( F) (E) (E)(F) **(~_** E) (E) (E) E) F E) E) E) (E)(F) (E) _lE)(F) (E) (E) (E) (E)(F) (E)( F) (9_ (E) (E) (E2 (F) (E) (F) Future Potable Water
Use (Yes or Nol Yes Yes Yes No No Yes No No Yes No Yes No No No No No Yes Yes No No No No No No Yes No No Yes No No No Yes No Yes Yes Yes

Note: Identification of facility areas are from the Airport Layout Plan prepared by Jviation dated January 2, 2008.

\ \Biangenhuize-pc\z\ WWE\861-003\ 190bll\
Domestic

Water Demand 2009 Wright Water Engineers, Inc. October

12, 2009 Entity Responsible for Water Contract with Town of Gvosum Eagle County Valley View Jet Center Eagle County NA NA Eagle County NA NA Ghent NA Eagle County NA NA NA NA NA Eagle County Others NA NA NA NA NA NA ???? NA NA E§llle ColJI1ly_ NA NA NA Eagle County NA E§flle County_ Eagle County Eagle County DRAFT Prepared By: BLL Checked

By: WLL\\Blangenhuize-pc\z\\NWE\861-003\190bll\AirportDeplanementsTABLE2EagleCountyAirport1041ApplicationAnnualPassengerTotalsandEstimatedWaterDemand(EQR)YearDe[!lanementsEn[!lanementsTotalPassengersEQR1999180,232173,241353,473182000195,882188,745384,627192001169,108169,826338,934172002172,348171,182343,530172003173,164170,601343,765172004199,381193,717393,098202005215,903215,464431,367222006219,903218,105438,008222007229,415232,250461,665232008215,971214,715430,686222010452,489232015511,950262020579,225292030741,457372040949,1274720501,214,9636120601,555,25678Notes:1)Datafrom1999-2008providedbyChrisAnderson,terminalmanagerfortheEagleCountyAirport2)Averagegrowthfrom1999-2008was2.5%3)Estimatedpassengerfrom2010-2030basedon2.5%growthbeginningfrom20084)EQRequivalentsbasedon1EQRserving20,000passengers.WrightWaterEngineers,Inc.October12,2009DRAFTPrpdBy:BLLCkdBy:WLLEagle County R1.1glonnl Airport Fncllitles and Water Usnge Table 2R 

### Eaglefounty

**20_()_~** 

### 1041 Review (Combined 21.56 2009 )

Facility Description ''I''"' Future Potable Water I I Facility !'JJli!!< Uso /Yes or No! I 2()()9 EQRs I I I ; I 17 ' II I 3 ana j ll I I (E) y,, 200fl I 25.13 EQR I I I I I I I I I ; I I I I Table 3R 1=

........, 

### County 2009 1041 Review (S1 Iem;; 

### aCCOUnts 2009)

I I I 

### ' I 

## ' Table 4R 

### Eagle r.nunty 2009 1041 Review \v ....,,. 2o09) 

### ' I I IN;,, II G"' d

..· ; ' I' (HAATS)I (E)(F) y,. 1

II II II '

I I I

Table 5R 

### l=<>nloCo•"'*'' 2009 1041 Review (no utili!Y_servicesrequired) I I II I I I I I II I

I 

# g

I I I I I

**Ill~** 22

**1~:~:~.** Y""'"m'"' (E)(F) No •IMALSR) I ; II II I I I ' I II 1•1 I
Nota: ld9ntiflca\lon offacility arEms are from the Airport Layout Plar1 prepared by Jviallon dated January 2, 2008.

• Excluded from original

**acoour~ting** •• Eagla County to be responsible for WElter Dedication/ HMTsforTap fees

Z:\93503\9:3500.11

**Ai~>orl** Anll&x\2009\j{!411 <009 Eagle Collnly 1041 Wolor """ la7. z,,ncane!la Assoclotos. NovQmberO,

**~009** NA Allowed Under Master 1041

Cum of 81) EQR

Cum of32 EQR

44

Preparod By: TAZ

# Appendix A.

**~** 

## ..



# ·- ADDENDUMTO THE JN'IERGOVERNMENI'AL AGREEMENT DATED FEBRUAR.Y9, 1999 REGARDINGJULES DRIVEEXTENSION AND THE EAGLECOUNTY JOINTVEHICLE MAlNTENANCE CENTER 

### This Addendll!ll is enteredinto

## this-;.. 7 

### day ofApril, 1999,by andbetweenEagle County, Colorado, abody politic

**("County'~,** 

### and the Town of

### Gypsum, Colorado, ahome rule municipality organized underArticle

### XXofthe Colorado Constitution (''Town"). ·

WHEREAS, the County and Town enteredinto, on. orabout Februm:y 9, 

### 1999, an Intergovernmental

**Agreem~mt** 

### ("lOA'') regarding the extension ofJules Drive andthe

### Eagle County JointVehicle Maintenance Center; and WHEREAS, the IGA provided for certainactions to takeplacewithin tbirty 

### days ofthe execution ofthe

## rGA andfurtherprovidedthat

### ifthose actions did

### not occur the IGAwouldbe ofn.o further force andeffect, andtheparties wouldbareleasedfrom all obligations containedin tbe!GA; and WHEREAS, the IGA calledfor tlle Town and

## the CoWltyto eo.ter anImplementation Agreementcontaining numerous provisions speci:fi.ed in

### Section C of the 

### !GA. 

### NOW, TilEREFORE, in

### consideration of

### mutual co'lenants and obligations provided in 

### the originallGA as 

### modified

### by 'dris 

### addendum, 

### the sufficiency 

### of'whlc::h is hereby 

### acknowledged, the Town and the County agree as follows: l.

.. 

### NONTERMINATION. Upon the executionof1hls

### Adde.ndUDJ, the 

### original IGA, as modifiedby

### the Addendum, shall be in

### full force and effect, C=gardless ofthe date of tbe ex:ecutio.n ofthe addendumby the Town andthe County); it

### shallbe consideredthat 

### all acts that

### wererequiredto takeplacewithinthirty 

### days ofthe execution ofthe IGA occurred in

### a' timely rnllllD.er.
2. S"PRING CREEK DRAINAGEIMPROVEMENTS. The design oftbe Spring 

### CreelcDrainageimprovements provided for in

### paragraphJ:!.2 of'the 

### IGA has 

### beenprovidedby 

### the Co1.l!lty aod a.greedto by 

### the Town as requiTed by

### the 

### lGAtllldj:hrl approved design is con'tllined i.n Exhibit Aattachedhereto. 

### 3. ,TITLES DRIVE 'EXTE"f\lSION. FinaldesignofJules DriveE:x:teruJion has 

### been

**agre~d**

### to 

### byTown and County as provided tbrin paragraphB.4offue IGA, .and is containedin ExhibitBattacli.ed hereto

..

### •• '


## ..

**~**



### 4. IMPLEMENTATION. It 

### is the intention ofthe

### parties that this 

### addendum serve as the

### ImplementationAgreementrequired by

### the original IGA. ' 

### a. CONVEYANCEOf'TI-lE AIRPORT RIGHT-OF-WAYPROPERTY TO THE TO'WN. TheCounty, upon 

### 14 days notice in

### writing, 

### shall deliver a deed 

### in 

### the fonn setforth in 

### theattached 

### ExhibitCofrightfor 

### an el..'tension ofJules Drive. Atthe time ofdelivery 

### ofthe deed, the Town shall deliverto the 

### County, ' 

### $ 125,463.00 

### in

### cashor

**~rtified** 

### funds as paymentfor 

### the rightofway. The Town must requesta deed within

### five years of

### the date oftbis addendum. 'This

**-~-----__;requirement.!s.subject.to.:the.proldsions..of-pmagraphJ-Df_the.IGA**

### ..____ . ___ _



### ATTEST: b. SPRING CREEKDRAINAGE IMPROVEMENTS; The 

### improvementto the clrainage 

### system contemplated

### by paragraph

### B.2 ofthe

### IGA a.nd required ofthe 

### County shall bebuilt

### within five years a.nd three months ofthe signing 

### ofthis. 

### addendum subject

### to the requltements 

### ofparagraph

### D.7. ofthe !GA. The Town shall requirethose

### lll:lne:ci.ng into the

### Town to maintain

### thehistoric flow capacity 

### of the Spring Creek

### Drninageto allowfor the :flows 

### to be conveyedby 

### the County's 

### Spring CreekDrainage

**imp~ovements.** 

### c. 

### ADDmONAL PAYMENTS TO GYPSUM. Furtherpayments reqtrlredfor Joint

. Vehicle Maintenance Facility shall be paid to the Town after approval ofthe 

### Subdivision ExemptionApplication 

### andpriorto any certificate ofoccupancy or temporary certificate'ofoccupancy for the JointVehicle Maintenance Facility by theTown. The following fees will be calculated andlevied pursUJmt

### to the> adoptedrequirements and formulas inthe Town's adopted and current codes and regulations: watertap fees, sewertap fees, road impact fees, fee 

### inlieuofwater 

### rights dedication, building pennitfees (includingplumbing, m.c:chanical, and eloctr.ic:al), the Airport Gateway water surcharge, Subdivision reviewfees by 

### Town consultants.



### TOWN OF GYPSUM



# By:~---­ Steve Carver, Mayer Gypsum TownHall P. 0. Box JJO 

### GyPsum, Colorado 81637



# ~,~&tflL~u**1~<~-** J=:vE1Mnge!', Towneierk

### ATTEST: 

### COUNTY OFEAGLE, STATEOF COLORADO, By

### andThrough Its BOARD OF COUNTYCOMMlSSIONERS

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### Saller reserves to itself, its succassors.and 

### assigns, for the use and benefit of the public an easement and rie-ht-of-way, appurtenant to the Eagle county Regional Airport, for 

### so long 

### as the County, and 

### its successors and assigns 11tilize the airport for public a.ir traffic, for tile pasl!!age of all aircraft (!'aircraft:" being defined for the purposes of this instrument as any' 

### device now known 

### or hereafter invented, used,, or designated far navigation of

___ __;o.,.;r?:::c"':f='l="ight in 

### the air) b..Y.: 

### whomsoever owned. and opel:'ated, in the airspaqe above the surface ·of the Property 

## toan-in:Ein:tl:er1!ngnt abova the Property, together· with the right to cause a:nd 

### create, and to permit and allow to be caused or created, in said airspace

· (including that 

### generated from outside the boundaries

.. of the

Property or of said airspace) such noise, vibration, current, fumes, dust, fuel particles, illumination, and 

### all other effects that may be caused by 

### or are inherent in the operation of aircraft landing at O:t" 

### taking off from or operating at or on the Eagle County Regional Airport, including ground run-ups and testing of aircraft engines.. Seller,

. for itself and ita successors and 

### assigns, hereby waive, remise; and release any right or cause of action which be 

### may have against Buyer, its successors and assigns, due to such noise, vibration, current, fumes, dust, fuel particles, illumination and other effects, provided that this waiver shall not operate to depl:'ive Seller, its successors or assigns, of any rights whiah it 

### may from time to time have against any air carrier or private operator for negligent or unlawful 

### operation of aircraftThe easement and

**right-of~way** 

### hereby reserved includes the continuing right in the Seller to prevent the erection or 

### growth upon the Property of any building, structure, objects of natural growth 

### or other object extending into the air apace above 

### a height of 6530 

### feet above mean sea level, and to ·remove from 

### said air space, or· at the sole option of the Seller, as an alternative, to

**marl~** 

### and light as

**obstruction!!~** 

### to air navigation, any such building; structure, object of 

### natural growth or other object, now 

### upon, or which in the future may be upon the Pxoperty, all of which shall be 

### at the eX:pense of l3uye:r, its successors and assigns, together with the· right of 

### reasonable ingress to, egress from, and 

### passage over the Property for the 

### above purposes. The 

### easement and 

### right-of-way hereby resez"Ved

**~.noludes** 

### the right to regulate or prohibit the release into the a.ir of any 

### substance which would impair

. the visibility of or 

### otherwise interfere with the operations of aircraft suah as, 

### but not limited to, 

### steam, dust and 

### smoke, together with the right of reasonable ingress to, egress from, and 

### passage over the Property for the above purposes. ·

### . The easement and 

### ;dght-of-way hereby reservad includes 

### the right to·regulate 

### or prohibit light 

### emissions, 

### either direct or 

### reflective,**w~ich** 

### might interfere with pilot vision or**otherw~ee** 

### interfere with operations of the aixport, togethet.with the right 

### of reasonable 

### ing-ress 

### to, egress from, 

### and passage over the 

### .Property for the. 

### above purposes. ·. · 'l'he 

### easement and**right-of~wa};** 

### hereby 

### reserve!:! includes the. right t.o 

### regulate or prohibit electrical emissions which 

### would 

### interfere ·with aircraft communications systems or, aircraft navigational equipment, together 

### with the right 

### of 'reasonable ingress 

### to, egress 

### from, and passage over 

### the Property for the 

### above purposes. · 

### 'l'he easement and right-of-way hereby**~eserved** 

### also inqludes 

### the right 

### to 

### regulate or 

### prohibit 

### any use of the 

### Property whieh 

### .would interfere with'

### landing or taking 

### off of aircraft at**~e** 

### Eagle County Regional 

### Aixport, or 

### otherwise constitute an ai:t:po:r:t 

### hazard, t9gether with the 

### right of 

### reasonable ingress 

### to, egress 

### from, and 

### passage over 

### the Property 

### for the above purposes. Seller**~~ressly** 

### retains all water rights and ditch 

### rights of any nat't!re**~d** 

### from any 

### source which are appurtenant to the foregoing property.



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J:NTERGOVERNll<IEN'J!.AL AGREEMENT RE JOLES DlUVE EXTENSION AND THE EAGL

**C~~** JO:tNT VEHICLE MAINTENANCJil CENTE ;,;

## tJ!J!y ' -..,.- f)/' 

# · ..,:::c._,pyp This Agreement is entered into this



## ~ day·of 

## -t \ ' (;. 199!1, by and between Eagle County, Colorado, 

### a body pol· ·· 

### c, existing under and 

### by virtue of the laws of. the State of Colorado ("County"), and the Town of Gypsum, Colorado, a home-rule municipality organized under Article XX of the Colorado Constitution ("Town'') •

WHEREAS, the Regional Airport ("Airport"); and County and WITNESSETH

owns and operates associated lands the 

### and Eagle County improvements
WHEREAS, portions of the Airport are located within the corporate boundaries of the Town; and WHEREAS, the Town is responsible .for the construction and' maintenance of the Town's street system pursuant to Section 43-2-

**12~,** C.R.S.; and WHEREAS, 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 Cr:eelt Basins including increased development and use of the Airport; and WHEREAS, the Town desires ·to obtain a portion of the 1\..i.rport p:r·operty located west of the existing runway for construction of the ,Jules Drive Extension ("1\i.rpo:r:t Right-of-Way Property");· and WHEREAS, the Airport Right-of-Way Property wa.s originally 'acquired by the County with funding· assis·tance from the Federal Aviation Administration ("FAA"); and WHEREAS, the County desires in the future to ex·tend the rtmway stop way on i:he west end of the existipg runway, and also e...:tend westwa.rd the runway protection zone; and WHEREAS, the Coun·ty desires to locate on Airport ·property, west of the proposed Jules Drive Ex·tension, the E\agle county Road and Bridge Department, and the Eagle County EegionalTransportation Authority Facility") , which will maintenance facility; and maintenance be adjacent facility to the ("Maintenance existing Town

WHEREAS, the Town has adopted, pursuant to Title 24, Article 65.1; C. R. 

## s. , an ordinance designaUng site · selectiot'l and expansion of airports as a matter of state interest, and has adopted provisions regulating such activities, including such activities as they relate to the Airport; and WHEREAS, prior to construction, purchase or authorization of Jules Drive acx.;oss unincor.porated ·portions of the County, th\i\ Town is required by Section 30-28-110, C.R·. S., to submit to the County 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 Drive and Maintenance Facility issues by agreement will benefit the citizens and visitors of the County and Town by allowing construction of the Jules Drive EKtension in a mannsr that does not impair the County's proposed extension of the runway stop way and the runway protection zone, by correcting the Spring Creek drainage diversion, and by allowing construction and operation of the Maintenance Facility consistent with use and development of adjacent lands and the · Town's infrastJ:ucture capabilities; and WHEREAS, pursuant to Section 18 {2) (a) and (b) of Article XIV, and Section 2 of Article II, of the Colorado Constitution, and Section 29-1-203, C.R.S., the Town and the Coun·ty are authorized to cooperate and contract with each o·ther for any function, ·service, or facility lawfully authorized to each; and WHEREAS, pur·suant to Sedtion· 29-20-iOS (1), C.R.S., the Town ·and the county are authorized and encouraged .contract with each other for the purP,ose regulating the cie'l'elo);lment of land; · to cooperate and of planning or
NOW,

**TH~REFORE,** in consideration of the mutual covenants and obligations provided herein, the aufficiency of which is hereby acknowledged, t)1e T01m and the County agx·ee as follows:

2,•

A. Maintenance Facility. 

### 1.

**~l?** Activity· of State Interest. The Town and the County agree that construction and operation of the Maintenance Facility is not .a regulated activity of state interest under· Chapters 20.06 through 20. 09, Title 20 of the Gypsum Municipal Code, nor will Town attempt to regulate such facil,ity

.under any ordinance adopted pursuant to the au·thorization of Title 24 Article 65.1 Colorado Revised Statutes. · 

### 2,

**~ocation,** Character and E:ll:tent Applications.

a. Prior to construction, the County shall submit an application to the Town. for the review of the proposed location, character, and extent of the Maintenance Facility project pursuant to Section

**31~23-209,** C.R.S. Such application shall meet the submittal requi:t;SJ:!lents· 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 on such application pursuant to Title 17 of the G.ypsum Municipal Code. b. Prior to

**acqu:~.nng** ·title, the Town shall submi·t an application to· the County f()r review of the proposed location and extent of that portion of the Jules Drive Ell:tension located within unincorporated areas of the County, pursuant ·to 

### §30-28-110, C.R. S. 

### Upon sub1nittal of a complete application, the County shall consider and rule on sttch applicati.on. 3.

**S~:Lbdi**

### v:Lsion and Zoning ApprovaL

a. Unless· otherwise agreed to by the Town, prior to the use of the Ai:cport Property ;Eor the Maintenance Facility, the Cour,1;;y shall sub:mi·t f<)r th.e Town's consideration an application .for light industrial zoning. ·

3,. ' ;

b. Onless otherwise agreed to by the Town, prior to any conveyance or development of any part of the Airport Property located w:Lthin .the Town, the County shall submit an application for subdivision exemption for Parcels A and B and .the proposed Jules Drive Extension,

**includin~** 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 shall 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 paragraph A. 1 2,. and the zoning application referenced in pa:r.agraph .)\. 1 3. The Town shall · waive

**subdivi~ion** exemption application submittal requireirients not relevant to

.the area or application under consideration.
d. As part of the Town's consideration and approval of the Coun·ty' s subcivision 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. Such fees will be payable at the time of issuance of a building permit or permits for the structures contemplated by the subdivision exemption a'pproval. If additional land use or 'development, not contemplated in the original calculation of transportation impact fees is requested or :r:ealJ.zed, add:i.tional i:ranspo1:tat:ion impact :t;ees shall be agreed to and assessed p:dor to the Col1nty ·engaging in such additional land use or development.

e. Should drainage improvements to Tenderfoot

**G~1lch** associated with the Maintenance

4**··-~·** 

### Facility not be able to be shown.in detail in the subdivision exemption application 'required by 

### paragraph A. 3. b,, so as to all'ow adequate review by t,he Town, the Coul'l.ty shall submit an additional location and extent

**applicat~.on** 

### and application to amend. the subdivision exemption plat priot: to construction of such Tenderfoot Gulch drainage improvements. 4·. Building Permits·. Following approval of the

4. 

### subdivision e·l':emption plat, and at least·

**f0rty~** 

### five (45) days prior to submittal of applications fo.r building permits, the Cou11ty shall submit for the Town's approval, which shall not be unreasonably denied, detailed construction plans for all public improvements associated w.i.th the Maintenance Facility and exemption plat.· Such detailed construction plans shall be deemed awroved if no :response is given by the 'i:'own to the County

**w~th** 

### such forty-five (45) day period. '

. 

### Maintenance Facility Development Limitations. Construction of the Maintenance Facility shall be located on no mol:'e than 20 

### acres of ;Airport property and involve no more than 2 a.ccesses to Cooley Mesa Road, or the Jules Drive Extension, as depicted generally on Exhibit A attached hereto and incorporated herein. So long as it is operated for governmental .purposes, use of the Maintenance Facility shall be limited · to a maintenance facility for County Public Works, transportation and fleet maintenance services. If used for non-.governmental uses under a base lease granted to secure financing, use of the Maintenance. Facility shall be limited to uses allowed llnder the •rown' s light industriaL zon:l.ng as pJ:ovided for in the 1998 

### Master l?lan and Zoning Code of the Town. 5, ·water and Sewer SeJ:vJ.ce. The Town shall 'provide water and sewer service to the Maintenance Fac:ility upon 

### the County, at its sole c6st and

**~xpen.se,** 

### m;,eting all of t;he Town's requirements for: wa·te:r· and sewer service, including ·.construction of main lines, paying water and sewe.r·

5tap fees and service charges, and paying water dedication fees.
B. ·Jules Drive Extension and Spring Creek Drainage Improvements. 1. conveyance of Airport Right-of-Way Property. The County shall convey to the Town the Airport Rightof-Way Proper·ty for the construction o:ff the Jules Drive Extension, as approximately depicted and described 

## em Exhibit B hereto, and incorporated herein, Design of the Jules Drive Extension shall provide for an eighty feet (80') wide right-ofway, inclusive of road surface, with associa·t.ed shoulders, side slopes, and drainage ditches. Jules Drive shall be located outside of the proposed extension of the runway protection zone, to extend 2,400 feet beyond the end of the e)tisting runway with a width of 1,010 feet at the most westerly extension,

**cente~ed** on the extended centerline of existing runway 7/25, and object free area, also as depicted on Exhibit B. 2, Spring Creek Drainage Improvements. The County shall, at its sole cost, provide for carriage into th.e Spring Creek drainage located no)O'ttl of the Airport,. of water flows generated by s 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 improvemen·ts as part of the Jules Drive Extension, construc·tion of additiona1 culverts under Airport runways, or other improvements. J.f requested and paid for by the County, the Town's design and construction of the Jules Drive Extension, and acquisition of th<:' Airport Eight-of-Way Property from the county and o·ther private J.a.nds, sl1a.ll provide for construction of the ·necessary drainage improvements. Such construction and design m<ly include facilities construc·ted north of ·the Airport, and not associated with the Jules Drive Extension, necessary to convey such flows into Spring Creek in a manner rn.u't.ually agreed upon by the County and ·t:he ·.rown. 'J:he preliminary location and design of the improvements necessary to convey

6such flows ("Spr:i.ng Creek Drainage Improvements") has not yet been sgreed upon. Such design shall be agreed to within thirty (30) days of execution of 

### this agreement, and in any event prior to the final approval

. of the subdivision exemption application for the Maintenance Facility The County shall design and construct any additional

. drainage improvements ("Additional Spring Creek

Drainage Improvements") necessary to convey suc::h flows to the Spring Creek Drainage Improvements.
3. Jules Drive Extension Construction. 'l'he •:rown shall initially pay at its sole expense for the design and construc:ti.on 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-of-Way Property. It will be the County's obligation upon receipt of the compensation for the Airport Rightof-Way Property to reiniliurse as necessary the FAA for the property; such compensation may be in cash or real property. 4. Final Design. Final design of the Jtlles Drive Extension, and 'the Spring Creek Drainage Improvements and the Additional Spring Creek Drainage Improvements. which are to be located · within the J'ules Drive Extension right-of-way, 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. Implementation Agreement. The Town and the County shalJ. further define the terms of conveyance· of the Airport Right-of-Way Property to the Town; the acquisition, timing, amount, value,. and subsequent ownership of. the Airport. Right-of-Way Property; the de'sign and construction for the Jules ·Drive Extension, Sp:dng Creek Drainage Improvements, and Additiona! Spring Creelc Drainage Improvements, to be agreed to in 

### a sepaJ:ate agreemen't or . 

### as an addendmn 

### to t.his Agreemer:.i:. Such separcrte agreement shall distriJ::,ute the various costs and values of ·the matters covered by this Ag.reement between the 1'own and County; and specify the cash payment, if any, ·to be made by one Party to t.he

7''

other Party t-o balance such values. The Town and the County shall cooperate \<lith each other to request FAA financial assistance with all. eligible components of the project. No approvals of zoning, subdivision exemption, or location, character and extent shall be given for the Mdntenance Facility or the Jules Drive Extension prior to such agreement. lf the Town and County do not so agree to such terms within thirty (30) days of the execution of this Agreement, thi-s Agreement shall termina·te, be of no further force and effect, and the Town and County will 

## be released of all obligation herein. D. General. 1. Additional Actions. The Town and the County sha;l.l

. execute such additional documents and agreements and to take any additional action necessax:y to carry out the intent of this Agreement. 

### 2. CaEtions. The caption of .the paragraphs set forth herein are only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of thi!3 Agreement. 3. Assignment. This Agreement may not be assigned or delegated without wx:itten consent of the nonassigning party. 4. Amendment. This Agreement repx:esents the entire agreement between the parties regarding the subject matter contained here:Ln. This Agreement may be amended only by an instrument in. writing signed by both the County and the Town. · 5. ,Waiver of Breach. The waiver by eit.her party to this Agreement of a breach of any term or provision of ·this Agreement shall not operate or be construed as a waiver of any subsequent breach.
6. §.pecific l:'erfo:r·mance. J.n addition to the remedies otherwise available, this Agreement may. be enforced by a decree of specific performance for breach.

8'' ' '



### ATTEST 7. Annual Appropriation. The financial obligation of the parties provided for in this agreement are subject to funds being appropriated, budgeted, and otherwise made available, and nothing in this agreement shall be deemed to create a multiple year fLscal obli.gation.



# ::~--'--- Steve Carver, 

### Mayor Gypsum Town Hall 

### P.O. Box 

### 130 Gypsum, Colorado 

### 81637

COUNTY 

### OF EAGLE, STATE 

### OF COLORADO, By and Through Its BOARD 

### OF

**COUN~~y** 

### COMMISSIONERS

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# GYPSUM JEflOME C':!AMBA

## &: ASSOCIATES, INC.**COI!Wm~ I<!JilD~** 

### • Oct-07-99 Ol,llP #

P.O. EIOK 150B 1005 Cvcpe1· Ave. tuonwood Sprlngo, 

### co 81602 970-945-1253



# Fax Cover Sheet
To: Company: 

### F'rom: Fax No: 

### Pages: Date: Job#: 

### RE: 

# •• Jeff Shro!l Town ofGypsum Tom Zancanella

. 

### 524·7522 

## ..!.. ,Including this coversheet (orlglnall!!ll!Jwlll notfollow by mall) Qctpber7. 1999 11 :OSPM\ Tapfees
lnstruct!onefComments: Jeff. here's acopy ofthe letter sent to you October 1. 

### Tom P.Ol

(ll70) M5..S700 {ll70) 8411-12113 Fex 

# I

Ifyou nave arJ)' problems reooivlng this transmission of documenl(s). pleaee call (970) 945-5"100Oct-07-99 Ol,llP 9'70-945-1253 P.02

P.O. St>X 190U 1005 Coop•' Ave. Glenwood Sf)rlngo, 

### co 811102' (970) 945-6700 (1170) 946-1253Fox

Mr JeffShroll Town of Gypsum P. 0. Box 130 Gypsum, CO 81637 October 1, 1999

RE: Eagle County Maintenance Facility Dear Jeff: At Chuck Feldman's request, listed below is our estimate of the proposed EQRs that will be needed to satisfy the tap fee requirements ar.d water dedication requirements for the new Eagle county Maintenance Facility. Building A 

### >---·-· Square Footage EQRs Total EQRs

Admin;stratlon 8891 7000 @1.0 1.0 (2 tol!etr., 21ave Included; 1891 @.14 0.26 !------·- 

### ·- 

# -

Extra 3 toilets @0 3 0,9 

# I 1 urinal @0.3 0.3 21avs @0. 15 0"' .v 2EWC @0.1 0.2 I 2 sinks @0. 15 0.3 i 2kltc.hens sinks @0.15



# __l. Subtotal 0.3 3.56

·-- Building B



## -

**-----~ ~·----·--**  Fleet Maintenance · 6523 7000 sq. ft. 'l'in @1 .0.2 toilets. 2 i .0 lavs f-. 

### ·-· ---·- 1--·------

1 E:Ktra 2 sinks @0. 15 0.3 1 mop sink @0 15 

### c. 15 2 urinals @0.3 

### 06 i i 4 toilets @0.3 1 2 I 

## 14 lavs @0. 15 

### I

## o.a 4 showers @0.3 '12 2 EWC @0.1 QJ;_ 5.25oc·lo-07-99 01: llP 970-945-1253 P.03 '



# -



# ~ **~_uilding** 

### C



# -

Fleet



# r.·~- 27,436 8,000 1.0 19.44@0.13 2.53 xtra 2WCE@0.1 0.:2 1 laundry @0.5 0.5 

### ! 

### ' 1wash bay @3.0 3.0 (recycling Subtotal 7.23



# -- I Building 0



# - l1.0 Bus Storage 20,700 8,000 12.7 @0.13 ' 1.65 Includoas llp to a MIF toilet & Jav f-•

Extra W9sh Bay

### I assumes recycling 

# I Subtotal 

# u..... 5.65 

## I Building E



# -- 1----- Wash Bay 

# I ---,3.0 Building F I No Charge Buii;:Jing G



# --



# ~Say 1.5 or


# ------- Irrigation 15,000 ·total 

### 4.5. 1614 @324ft' 4536 

### ft' 26 @9ft' 262ft2 33@100ft2 3300 

### ft' COL!rlyard 6000

### ft' 

# I Subtotal 6.0



# --- 

# - 

# I 1.....,-. 

### Total 30.69 EQRs



### -- - • can be deleted if raw 1rngat1on 1s used. The County has also presented their estimate forfuture wter rights dedication and tap fees (attached.) We appearto havea substantial difference in number of EQRs, mostly related to the car and bLIS wasll facilities. Based on our estimate of 30.69 EQRs, the fee would be as follows:

Water Tap Fee Water Dedication fee Airport Service Area Sewer Tap Fee EQRs Rate 30.69 

### Jff/Jd 2500/EQR 30.69 aJ"VO 3500/EQR 30.69 2500/EQR 30.69 

### z,

**~6li** 3000/EQR TotalOct-07-99 Ol:l2P 970-945-1253

The amount cf outside irrigation can be deleted if raw water is utilized. The amount of EQRs for the car/bus wash may vary if the County can supply the supported documentation. We may wish to consider accepting C & B Priority 49 and 61 in exchange fiJr all or part ofthe water rights dedication fee. Ifyou have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc.



# \\~£>..~ ThomasA. Zancanella, P E. Attachment

cc: Ramsey Kropf

**N:\93~03\9J.503.26\eaglec:ount)mainth•ble.wpd** P.04Oct-07-99 O:l:lZP 

# ·-

**~agle'"C~**Jnty Malntem1nr..o ServiceFac·:lify

**\·.:~ter** a1"1d Sewer f,ap r-e-e

**Estim~tes**

'cal!. Civil i!n{)l neer: no, Inc. '11511999 i lp!l.do.cl 4/2/99

**Upd~htd** 41';,1

**:.~nlit;(stration** C::Jnunercia[ JOmc£1

lndu'5tri!ll (1} (! 1!'1ks e lo\lets 1 rno.o 'ilnit (Janitor} i Urink.ng fountain. 889, f;f

9

**~Tile~** tSi<Jilob 1 drink.ng fot.rntafrt 5523 •I 970-945-1253

::.!

**sink~.** 2toi1Gts, 7000 sf 1.00 $ 7,250.0() $ 2

**~ddt** sinks (0 15aat

**o.~o** 

### s 2,175.00 $ 4 oddl.

**t~loao (~.ao**  ••) 1.20 $ 8,700.00 $. 1mop oinl< 1.00 $ 7,250.00 

### s 1

**drin'k!t·~** foutt:tf1n 0.10 $

**7~5.00** $

., 691 addi, $1(0 1411000 sQ

**-...,;o. 26;-.--;$-"""'~~~;..**  Subtoial 3.eo

. $ 1 86S.Oo 

### s 27,$86.00 $ 2 Snka, 2

**t~>~t.,m.,** 8000 tl 1,00 $ 7,2!0.00 $

7uddt.

### mks (0.15 ool 1M 

### s 7,612.511 

### s 6 o<idl. toilots (0.30 oa) 1.SC $

1drinl<lng fv'!l!tllin S •I •'l.;oMI- $ 13,060.00 $ 7:!5.00

**~** P.05

1.900.00

570.00 2.280.00 1,9llC.JO

190.CO 494.00 7,334.00 1,900.00 1,995.00 3,420.00

1SO.OO

**~**ohowor:s (OJt'lla) **cl•"''t."-'i~';T--'ls;-.....;:.r.'<7~-7--..,..;;i7*<--** SobM•I 4.3$ $ 2,111)0.00 $ 760.00 31,537.50

**~** 8,2115 DO f'eet M:ainter1em:e lnaumrta! (l)

**~. ~"**  Storage ln-dl.lttrial (1)

'. anlch!l Wasr lndtstllal (1) I stnk 11oUet

**~** lauodry 27<::!6 •I

1olnk f

**~iet** bull

**Will"(~)** 5400 II (4) 1Oiink, 1toiot,

### aooa'' 19436•ddt. •I (0. 1311000

**s~** 11aundr1 o!1tesiawe:thsubmtal f oink, 1toilet,

### eoco of bus"""'

**(2~0** go1/Cy)

Sul:tot.ol 1.00 2.Sl 0.00 

### o.oo H3
1.00 1.00

2.00 $ 

### s $ $ $ $ $ 7,250 00 18,:1<2.50

25.592.50

7,250.00

**7.2~0.00** $ 1,900.00 $ 4,807.00 $ 

### s $ 6,707Ji0 $ 1,900.00 $ 1,900.00



### oDli!QR ,., 100

### ot

**-~"A.siis'--~s** 

### __**-l2~oi'i.""~2.">5*o......;s~**__ _.::_ Subtotal :1.85 $

**20,6~2.50** $

W1i11J: ?or 1.00 EQR \'Jarorlop IH $ 2.;!50.00 ··Jater

**Dfldl~oo** ratl s rirpo<t

**Ton~ le~**  Tc!OI

**:~** II **~** Port.OO!!QI't s.....,, Tap F

.._,s!....:
____, To!ml $ Proja<.tSubtOIIIO $ 127,527-" $ 2!,001.00 

## :>b{ I'1.1' 

### V .:.J 

### u.c Project

**Total~! $:.-"":1:"::'S~::":.§¥1** 



### ;_~f,D'{lb 1,900.00
1 •} tnd\mtrlal

**!.110~** 111te re1ri0W&d on a

**c.BtH~** by t:a&fl ba.i&. ElfiiM

**r~~~~~~** r&le 1.CO I:QR JJ0T 350 gpd wllh a 15%.

**cunsum~** \Jfill'

**mrut~mum.**

Thfo ol>ovo illlltd !!OR wlu

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**oot~m•~t~S** Otl!V

**•n~** ¥!lll hll oooilrmoo

**~Y** ·raG. 12) II w'e; aaumed that no MWet 131p ft9a9

**t:~ra** rttqWred for

**l~~:~flrlooapa** lrri$.)abon EQR'a.

**(~)**V<lhiolo -"ond n
... "'"" h-

... 

### w ,..,lomoi!on hl<Jtlllioo. r.4) l!nlttu btm&mrng" buHtJinc cu!f®irm :t0.700 af.

**~J"GfufopurodomJl** GP!lltlll.nnd thtl tam wash was uM<J 10 dBtorrntne tho 'ap 10>i!.

# 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

### PA:rRICI( 

# i MILLER 

# i KROPF Atlom&ys IllLow WVIW.Walertaw.com

Rum!>e.yL Kmpf'' shareholder krupf®w<.lterlaw.c.ont. rv.p1y ll)

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**At~:inOffl.._:-c:** 730 E. Dtu·Aut.Avenue SuhT;200 Aspcn,COSJ61"1 T WQ.?2Q.IO"S .F. 970.<rl5.6847

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**aundbad~** Suire 700 .P!toeltix, AZ

**3~016** T. •180.92l.4CH E

**•1·80.921.&6~8** '.fi.!ha Office 763-3 E. 6JntNu;e Suite 300-13 Tuls.a, O.K.7..J..t3.J T 9.1SA.St>A6H .F. 970.9::!!U>U47 

# MEMO

TO: CC: FROM: DATE: RE: Bryan Treu,Eagle CountyAttorney's Office JeffShroll,Lana Gallegos, Town ofGypsum; Tom Zancanella RamseyL. Kropf,PatrickMiller and Kropf, P.C. May21,2009 EagleCounty 1041, EQRReassessment 

## *****1.'**********""'"*"'"*************************************** Determining EQR. A table comparing the EQR evaluation :fl·om the 2004 IGA, andthe EQRcurrentreassessment is shownbelow. The2004 IGA (Exhibit B) used pure peak month infmmation to determine total EQR. Using peak flow is appropriate, because the Town is requiTed to pl'Ovide peak water and wastewater ±lows during months whenpeak use ocems. In addition, as the airport grows, this gives the town a buffer, because the peaks will generallyincrease. Zancanella and Associates updated its last assessmenlfrom that provided to Eagle County in Lana'sAprl/24, 2009 memo. The updated analysis reviews the airport's peakuses inthe exact san1e way that the County and Gypsumpreviously agreed upon for the 2004IGA.
Thepeakis derived fi·om Teviewing monthly and annual metereduse at the terminal and the AARF facility (only) over the last fom year period. These peaks are not based on irrigation, as was the issue inthe past. Rather, we surmise that the peaks are based onthe winter enplanements, which are seasonal to be certain, and reflect growth overthe lastfew years, patiicularly during ski season
. However, the peale month in March 2006, for 406,000 gallons appem·s to be an outlier, and we note lower peaks in the otheT years in the reassessment period. Based onthis, we have updated the EQR analysis usiugthe peakmonth ofFebruary 2007 for the reassessment. Ifin the next three years, the pealcs indicate that the 359,000 was not indicative for peak demand, then the Townwill communicate and adjust EQRs with the cotmty as necessary. Based onmetereduse, thepeakmonths canbe sununarized onthe following table:

1 The analysis provided by Zancanella & Associates for the April 24 letter looked at the gallons broken down at several different metem, and then uaveraged" the 2-4 months in 2005, 20{)6, 2007 and 2008 to come up with a average forjl.1st those uses at the terminal, aud then assigned a .straight 5.0 EQR to the AARF facility, and I EQR each to the County's other two buildings. That analysis provided a slightly higherEQR calculutlon, andtherefore, Znncanella & Associates revisedto match the 2004 Agreement analysis) whichis simpler. However, itis still a peakflow analysis.
apwfossforwlcorporation W:\GYl'SUI\Il\]7 i (2) &glyCounty J0411Jvlcmos\MemoSbroll EQR Dctm·minution5-20-09.docPATRICK 

## I Mtl.LER i KROJ'l' B1yanTreu, Eagle County Attorney Page2 May 21,2009

Year PenkMontbs 2005 Jan Feb March Dec 2006 Feb March 2007 Jan Feb March Dec 2008 Jan Feb March TotalMonthlvDiversions iJ!gallons 298,000 282,000 330,000 249,000 335,000 409 000 340,000 359,000 327,000 229 000 284,000 293,000 273 000 Determining EOR Prepaid Statns. 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 tln·ee year period for determining EQR, divided that by 15,000 per EQR. For the reassessment, we did the same calculation,butused the secondhighestpeakmonth and theresult is shownbelow.
Peak Flow ToW Divide Peak Flow by 15,000 Add S% per 2004 Mete.:ed Diversions in gaUons per EQR

**~** EQRs IGA Gallons CurrentlyBeingUsed 2004IGA March 2003 20.53 EQR. 2!.56EQR. 308,000 gallons 2009 Reassessment February 2006'1.. 23.93EQR 25.13 EQR 359 000 gallons Therefore, the remaining fee credits that Eagle County still has available from the 2004 IGA are applied againstthe increasedEQR as follows:
Water Service Tap Wnter Right Feein EQR Dedication 2004 IGA Total Creditto Eagle Cocmty +23.83 + 25.60

**~4IGAUses** 

### - <21.56> <21.56>

2004 IGARemaining Credit 2.7:1. 4.04 2009 Assessment 25.13 25.13 Less amountfrom 2004 IGA <21.56> <21.56>



# - IncreasedUse inEQR 3.57 3.57 ····---·-· Subtract

**rornaini~tg__gred~_t**--·· <2.27> <4.04> Balance of EQR Due to Gypsum, or 1.3 <0.47> remaining credit (shown in<>) to fot Eagle

**~!!:L._**___ , __________



# --

**~e~t** FeeRate at Gl:!2:Slilll

**~** $6,00Q. $7,000

Tota.J.Xee <[_ue -· $7,800 n/a

W:\GYPSUM\37 i (2) Eagly County I041\Mem()s\MemoShmUEQRDetcnnilmtton5

..20-09.doc

### lWfRf.O( 

### i MILLER 

### i KROI'F BryanTreu, Eagle Coul\ty Attomey Page3 May21,2009 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 perEQR fee, for $24,990. Itis myunderstanding fromtalking to TomZancanella, that the airport'speakflow demands for wastewater are particularly significant in the peale winter months, leading to various requirements for infrastructure improvements. Finally, this reviewhas promptedGypstun to review its billingto Eagle Cotmty. We will update you with this information as well once all ofitis Stl1Dl1la!ized. Thankyou and please feel free to callwith any questions.

W:\GYPSUM\37 i (2.) Eugly County 1041\Memos\McmoShrollEQRDetenninntion

**S~20-09.dnc**

### ANNEXATIONAGREEMENT NORTH AIRPORT ANNEXATION
I. Parties. The parties to this Annexation Agreement are the TOWN OF GYPSUM COLORADO ahome 11\le municipal corporation organized pursuant to Article XX ofthe Colorado Constitution ("Gypsum") and EAGLE COUNTY COLORADO, a body corporate and politic organized and existing pursuant to the Jaws ofthe State ofColorado ("Eagle County"), Eagle County and Gypsum together beingreferred to as "Parties." 2. Recitals and Purpose. A. Eagle County is the fee simple owner ofcertain real property known as the Eagle County Regional Airport ("Airport"), ofwhich aportion includes the north side ofthe Airport and certain lands presently leased to the Colorado National Guard. Such land is more specifically described on the attached Exhibit A and is the subject ofthis Agreement (the "Property"). B. Eagle County now owns, controls, and operates the Eagle County Regional Aitport located in the County ofEagle State ofColorado, and the County is duly authorized by law to administer and govern the property known as the Eagle County Regional Airport. C. A portion ofthe Property is currently leased by Eagle C01.10ty to the State of Colorado, acting by and through its Department ofMilitary Affairs known as the "National Guard" through aLease Agreement dated November I, 2000 hereinafter HLease."
D. Eagle County intends to file a Petition to annex the Propetty to Gypsum in accordance with this Agreement and Colorado Revised Statutes§ 31-12-101, et. seq. E. Eagle County has provided Gypsum with certain easements for water and sewer lines at the Property and across the Aitport as a condition ofGypsum agreeing to annex the Property. F. Gypsum is under no legal obligation to annex the Propetty and may accept or reject the Petition for Annexation as a matter ofits sole discretion. G. Gypsum may institute procedures to makethe property subject to zoning and subdivision upon annexation in accordance with Section31-12-115, C.R.S. H. The Parties recognize that the Property must be annexed to provide Town water and sewer service to the same. The Parties do not, by this Agreement, intend to reduce or in any way restrict the County's exclusive control and discretion over aeronautical activities and uses at the Airport. I. The parties agree that upon annexation and contemporaneous PUD zoning and approval ofa master 1041 permit, the County exclusively shall control and govern aeronautical activities and uses at the Eagle County Regional Airport and the Property,subject only to the requirements offederal law and regulation by the Federal Aviation Administration, but wish to ensure that the County uses its best efforts to seek the advice consultation input and recommendations ofthe Town in matters involving aeronautical activities and uses at the Airport. Aeronautical activities and uses include any activity or improvement that contributes to the safety of, oris otherwise directly related to, the operation ofaircraft. Aeronautical activities and uses include services related to the movement ofpassengers, baggage, mail and cargo by aircraft providedby air carriers, fixed base operators, commercial aeronautical serviceproviders, aircraft owners or others. Aeronautical activities include, hut are not limited to, airportrunway, taxi-way, landing field, and any extensions thereofor additions thereto and further to the extent the property includes roadways, aprons, taxiways, flood lights, landing lights, beacon control tower signals, radio aids, and all other conveniences for flying landings and take-off.
J. The parties agree that any development on the Property shall comply with the applicable building codes ofthe Town. K. The parties agree that it is desirable for Eagle County to annex the Property to Gypsum and for Gypsum to consider annexation.
L. The parties wish to enter into an agreement regarding the Property should it be annexedto Gypsum. NOW THEREFORE, in consideration ofthe mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt ofwhich is mutually acknowledged the parties covenant and agree as follows: 3. Petition for Annexation: Eagle County shall take all reasonable and necessary steps to facilitate the annexation ofthe Property to Gypsum. The County shall submit a petition for annexation within sixty (60) days ofthe execution ofthis Agreement. IfGypsum determines in its sole discretion to annex the Property, theremaining paragraphs ofthis Agreement shall become operative and binding upon the parties and shall be deemed to be conditions ofsuch annexation. 4. Zoning. Contemporaneously with annexation, Gypsum shall zone the Property Planned Unit Development ("PUD") consistentwith the Airport Control Document, attached hereto as Exhibit "C", to be adopted contemporaneously with this annexation; and specifically reservinginEagle County discretion over lot sizes and use locations. Any ordinance annexing the Property shall include a provision that the annexation ofthe property shall not become effective unless and until Gypsum approves zoning for the Property as provided herein. Eagle County specifically reserves in its sole discretion the right to amend the Airport Control Document at any time itdeems prudent as necessary to implement, install or construct aeronautical activities, uses and improvements at the Airport. Prior to any such amendment as to aeronautical activities, uses and improvements, Eagle County shall notify the Town and seek its advice, consultation, input, and recommendations on the same. Eagle County shall immediately notify the Town of any such amendment to the


### 2.

### Airport Control Document. Upon such notification, the Town shall have sixty (60) days ofsuch notice to object to the amendment as not being an aeronautical activity, use or improvement, or the amendment shall be deemed to be within the scope and uses allowed by the PUD zoning. Should Eagle County desire to amend the Airport Control Document with respect to anon-aeronautical use, the County shall submit the proposed amendment to the Town and further shall seek amendment to the PUD zoning pursuant to the Gypsum Municipal Code and provided immediately below. The Town's PUD zoning shall provide that the Airport and other uses existing thereon or permitted by the Airport Control Document shall be permitted as uses by right without any requirement for special, conditional, administrative or otherpermits, except that any new non-aeronautical use and any change ofnon-aeronautical use shall be permitted only upon amendment to the PUD pursuant to the GypsumMunicipal Code. "Nonaeronautical activities and uses" include all activities, uses and improvements at the Airport that are not aeronautical activities and uses and that are subject to Town land use provisions. Upon approval ofPUD zoning and compliance with Chapter 17.36 ofthe Gypsum Municipal Code, the County shall have vested rights to undertake and complete development ofthe Property and use the Property as set forth in the Planned Unit DevelopmentAirport Control Doc•1ment, the Annexation Agreement and the Master 1041 Permit, as approved by the Town Council. The establishment ofvested property rights shall not preclude the application on a uniform and non-discriminatory basis of Town regulations ofgeneral applicability (including, but not limited to, building, fire, plumbing, electrical and mechanical codes) or the application ofstate or federal regulations. The vested rights are contingent upon Gypsum having the water, treatment, storage and delivery infrastructure and capacity, and sewage collection and treatment capacity to serve any specific improvement at the time the County desires to commence it. The vested property rights designated herein for aeronautical uses shall beperpetual. The vestedproperty rights designated herein for non-aeronautical uses shall be fifty (50) years from the effective date ofthe Town's PUD zoning. 5. Master 1041 Approval. Contemporaneous with annexation ofthe Property, Gypsum shall approve aMaster 1041 Permit consistent with this Agreement and m•1tually acceptable based on the PUD zoning referenced in the previous section ofthis Agreement. Any ordinance annexing the Property shall include aprovision that annexation ofthe Property shall not become effective unless and until Gypsum approves the Master 1041 Permitfor the Pmperty as provided herein. 6. Building Permits. Any buildingpermits which are in effect priorto the annexation ofthe property for construction within the property shall continue to be administered by Eagle County, including but not limited to all inspections, issuance ofcertificates ofoccupancy, stop work orders, and enforcement actions. Upon annexation, the International Building Code as adopted by Gypsum shall apply to all construction regulated thereby, including improvements allowed by the PUD zoning and Master 1041 Permit without fmther Gypsumreview, and all new building permits shall be issued by and administered by Gypsum. The Town ofGypsum shall not issue any new building permit on the Pmperty unless Eagle County is the applicant, or as the Janel owner, Eagle County has consented to the app.lication. 

### 37. Subdivision. Parties acknowledge thatthere are no plans for subdivision ofthe Property. Ifin the future Eagle County m· its successors wish to subdivide the Property, it shall proceed to do so in accordance with the GypsumMunicipal Code.
8. Water Utility Service. Pursuant to the Lease, the National Gual"d completed a twelve inch (12.0") water pipeline which has been connected to Gypsum water extending from theTown's easements, thereafter crossing the airport eastward to the National Guard High Altitude Aviation Training Site. The Town's provision ofwater and sewer service outside its boundaries is subject to sections 13.04.200 and 13.12.140 ofthe Gypsum Municipal Code. The size ofthe waterline allows for present and future Property users in addition to the National Guard. Currently, the Airport Tower is also served from this line. Additional users shall be by authority ofGypsum. Eagle County has granted a nonexclusive easement for the construction and maintenance ofthepipeline for the benefit of the National Guard, other Property users and Gypsum. The parties agree that such location may be changed or modified atthe discretion ofEagle County. It is specifically agreedbetween the parties hereto that Eagle County shall not be responsible for thecost ofthe water utility service presently provided to the National Guard on the Property and Gypsum acknowledges that tap fees for the current uses havebeen waived. Water service to the Property for future users shall be provided consistent withthe provision of water to otherusers within the Town boundaries or as may be otherwise agreed to by the Parties. The execution ofwater service agreements between theTown and the County are a condition precedent to the construction ofany proposed improvements or increases in water service demand regardless ofwhether such uses are allowedby the PUD zoning orMaster 1041 Permit

.TheTown, in is sole discretion, may limitthe number ofwater taps it provides to the Property in the event that theTown decides to uniformly curtail the issuance ofwater taps to other commercial users within the Town. The Town is not obligated to obtain additional water rights to meet the future water demand on the Property, but will use reasonable efforts to serve new improvements orincreases in water service demand ifthe County is willing and able to bring additional water rights sufficient to cover the increased demands with water rights acceptable to the Town in its sole discretion. In the event that the Town is unable or unwilling to provide water service in the manner sought by Eagle County, the County shall be authorized to petition the Town for disconnection ofthose portions ofthe Airport Property located within the Town, which consent to disconnection shall not be unreasonably withheld.
9. SewerUtility Service. Pursuant to the Lease, the National Guard completed an eightinch (8.0") sewer line which has been connected to Gypsum sewer service. The Town's provision ofwater and sewer service outside its boundaries is subject to sections 13.04.200 and 13.12.140 ofthe Gypsum Municipal Code. The size ofthe sewer line allows for present and fllture Property users in addition to the National Guard. Currently, the Airport Tower is also served from this line. Additional users shall be by authority of Gypsum and Eagle County. Itis specifically agreed between the parties hereto that Eagle County shall not be responsiblefor the cost ofthe sewer utility service presently provided to the National Guard on the Property and Gypsum acknowledges that tap fees for the current uses have been waived. Sewer service to the Property for future users shall be provided consistent with the provision of sewer service to other users within the Town boundaries, or as may be otherwise agreed to by theParties. The execution ofsewer 

### 4service agreements between the Town and the County are a condition precedent to the construction ofregardless ofwhether such uses are allowed by the PUD zoning orMaster 1041 Permit. The Town, in its sole discretion, may limit the number ofsewer taps it provides to the Property in the event that the Town decides to uniformly curtail the issuance ofsewertaps to other commercial users within the Town. The Town is not obligated to obtain additional water rights to meet the future sewer demand on the Property, but will use reasonable efforts to serve new improvements orincreases in water service demand ifthe County is willing and able to bting additional waterrights sufficient to cover the increased demands with waterrights acceptable to the Town in its sole discretion. 

### In the event that the Town is unable or unwilling to provide sewer utility service in the manner soughtby Eagle County, the County shall beauthorized to petition the Town for disconnection ofthose p01tions ofthe Aitport Property located within the Town, which consent to disconnection shall not be unreasonably withheld.
10. AirportAccess. A. Theproperty located on the north side ofthe airport is currently accessed by North Ahport Ramp Road, which is also known as Aitport Road or County Road 73. Eagle County presently has an easementfor ingress and egress overthe North Airport Ramp Road, which shall continue to be maintained by Eagle County, except that such road shall at all times be open to the public, including any governmental entity, or agency havingjurisdiction orresponsibilities for providing service to the airport, subject to compliance with the Aitport Secmity Plan, Airport Rules and Regulations and to any rules orders orregulations ofthe FAA.
B. Should the parties determine that the existing roads providing access to the Airport should become owned by orthe operation or maintenance responsibility of Gypsum, they shall enter into a separate intergovernmental agreement providing for the same. C. The Town ofGypsum shall have no obligation to provide additional access to or upon the Property. D. The signage on Cooley-Mesa Road atthe Eagle County Regional Airp01t Exit shall alert travelers to the services available in the Town. Signage shall direct airport traffic away from Valley Road. 11. Notices. Any Notice required orpermitted by this Agreement shall bein writing and shall be deemed to have been sufficiently given for all purposes ifsentbycertified or registered mail, postage prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party. 12. Paragraph Captions. The captions ofthe paragraphs are setforth for convenience and reference and are not intended in any' way to define, limit, or describe the scope or intent ofthis Agreement.



### 513. Additional Documents orAction. The parties agree to execute any additional document and to take any additional action necessary to carry out this Agreement.
14. Integration and Amendment. This Agreement represents the entire agreement between the parties and there are no oral orcollateral agreements orunderstandings. This Agreement may beamended only by an instrument in writing signed by the parties.
15. Waiver ofBreach. The waiver by any party to this Agreement ofabreach ofany term or provision ofthis Agreement shall not operate orbe construed as a waiver ofany subsequent breach by any patty. 16. Breach. IfeitherParty breaches a term and conditions ofthis Agreement, the other Party may pursue all legal!y available remedies, including specific performance ofthe obligations hereunder. 17. Binding Effect. This Agreement shall inure to the benefit ofand be binding upon the Parties and their respective legal representatives successors and assigns. This Agreement shall continue upon annexation and hind the Property and all subsequent owners until all provisions are satisfied. Either Party may record this Agreement in the real property records ofEagle County Colorado. 18. Indemnification. Eagle County shall hold harmless and indemnify the Town, to the extent allowed by law, for any claims associatedwith the Town's failure to conductits standard review and permitting process for the Property. Notwithstanding any other provision ofthis Agreement to the contrary, no term or condition ofthis Agreement shall be construed or interpreted as a waiver, express orimplied, ofany ofthe immunities, rights, benefits, protection, or other provisions ofthe Governmental Immunity Act.
19. Other Provisions ofLaw. The provisions ofthis Agreement are subject and subordinate to any requirements offederallawbinding on Eagle County relating to aeronautical uses at the Eagle County Airport, including federal statutes, regulations and grant agreements with the Federal Aviation Administration, as may be amended from time to time.

6

### Attest:

Commissioners TOWN OF GYPSUM



# By:~~--·---­ Steve Carver, Mayor Gypsum Town 

### Hall Post Office Box 130 Gypsum, Colorado 81637



### 7

# EXHIBIT A Property Description

EXHIBIT 

# Iff

### PARCELl A parcel oflandlocatedinSections 2, 3, 4, and 9, Township 5 South, Range 85 West ofthe SixthPrincipalMeridian,Town ofGypsum,Eagle County, Colorado beingmoreparticularly describedbymetes andbounds as follows: Beginning ata pointbeing theSoutheastCorner ofthe Eagle County Maintenance Service Center, accordingtothe AmendedExemptionPlatthereof,
as recorded October 20, 1999 as Reception No. 712446; thenceN00•09'30"E, 1282.80feet to AnglePoint 1 ofTract No. 66 also beingthe Southeast Corner of theLongviewSubdivision according tothe Platthereofas recorded December 27, 1971; thence alongthe SouthboundaryofsaidLot 1 S89°53'27''W, 340.66 feet; thence490.42feet alongthe arc of a curveto the lefthavinga radius of700.00 feet and a central angle of40°08'31" thechord ofwhichbears N42°01'07"E, 480.46 feet to theNorthboundary ofsaidLot 1; thence N83.06'37"E, 20.21 feet, to the northeast corner ofsaidLot 1;thencedeparting saidLot 1 Boundary and along theWestline ofTract 62 N 01•os'09" W, 4.58 feet to the Southwestcorner of LehmannParcel accordingto the Annexationplatthereofrecorded atReception No. 200617642; thence departingtheWestline ofsaidTract 62 and alongthe Southlines ofsaidLeluna1m Parcel N 81°50'25" E, 3616.85 feet to theSoutheast
comerofsaidLehmannParcel; thence alongthe easterlyboundaryof said LehmannParcel, and the easterly and southerly boundaryofGypsumAirpark LLC, DBA GypsumCommercial Park, as recorded atReception 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 southerlyline of Gypsum AirparkLLC, DBA Gypsum CommercialPark, continueS89°08'06" 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; thenceS 89°09'21" E, 213.88 feet; thenceS70°31'00" E, 327.11 feet to a point onthe 2-1line ofTract 56; thence along saidlineN 89°06'30" E, 479.92 feet to Corner 1 ofsaidTract56 and Corner4 ofTract55; thence along the4-5Iine ofsaidTract55, N 00°11'54" W, 331.44 feet to the Northwestcorner of thatparcel ofland described inBook433 atPage 775; thence alongthe Northline of said parcel S 81°24'27" E, 1719.38 feet to the Northeastcorner ofsaid parcel; thence continueS 81°24'27" E, 25.24 feet to the Northwest corner ofHoffman Exemption Plataccording to theplatthereofrecordedinBook 682 atPage 812; thence alongtheWestboundary ofsaidplatthe followingthree (3) courses and distances: 1) S00°48'16"W, 973.02 feet; 2) 66.92 feet alongthe arc of a curve totherighthavinga radius of85.03 feet, a cenh·al angle of45°05'54" and a chord whichbears S23"21'02"W, 65.21 feet;3) S 00°48'16"W, 183.50 feet, to the Northernboundary ofthoselands described in the Eagle CountyAirportAnnexationto theTownof Gypsum, accordingto the AnnexationMap thereofasrecorded February 6, 199? as Reception No. 614097; thence along said Northernboundary 581°50'29"W, 8852.25 feet; thence S00°00'00"E, 6.53 feet to theNorthboundary ofthe Cooley Mesa Road Annexationto theTown ofGypsum, recordedFebruary 6,1997 as receptionNo. 614098; thence along said Northernboundarythefollowing eighteen (18) courses: 1) 424.73 feet alongthe arc of a curveto thelefthaving a radius of 1939.86feet and a central angle of 12°32'41" thechord ofwhichbearsS77°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, 50.16£eet; 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, 49.37feet; 9) 571°14'17"W,49.27feet; 10) S72°24'15"W, 2.70 feet; 11) 266.75 feet along the arc ofa curve to the righthavinga radius of 1115.92 feet and a central angle of 13"41'46" the chord ofwhichbears S79°19'23"W, 266.12 feet; 12) S86°43'16"W, 22.37 feet; 13) S88°09'25"W, 49.29 feet; 14) S89°26'23"W, 49.55 feet; 15) S89°53'24"W, 26.98 feet; 16) S00°04'17"E, 7.70 feet; 17) S89°27'21"W, 570.79 feet; 18) N89°20'56"W, 302.03 feet to the PointofBeginning. Containing452.2 acres oflandmore or less.

### PARCEL2 A parcel oflandbeing a portionofTract54, Township 5 South, Range 85 West of the 6thPrincipal Meridian, County ofEagle, State ofColorado, moreparticularly described as follows: Beginning ata pointbeingangle point2 ofsaidTract54, thence along the north line ofsaid Tract54, S89°08'13"E, 714.26 feet to a point,beingthenortheast comer ofParcel A, GreenmanExemptionPlat, as recordedApril28, 1989 atReception No. 401473, inthe Office ofthe Eagle CountyClerk and Recorder; thence departing said Tract line and alongthe southeastboundary ofsaidParcel A the following 7 courses: 1) S47°51'36"W, 425.84feet; 2) S42°08'24"E, 50.00feet; 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) S49°08'07"W, 156.51 feet; 7) 37.64 feet along the arc ofa curveto therighthaving a radius of 1245.92 feet, ancentral angle of01°43'51", and a chordwhichbears S53°28'32"W, 37.63 feet to the westerly line ofsaidTract54; thence along said westerly line ofTract54 N00°01'12"E, 647.52feet to the Pointof Beghming, Excepting therefrom: i) thatportionofthe Cooley Mesa Roadrightof way defined inthe Cooley Mesa Road A1mexation as recorded inthe Eagle County Clerk and Recorder's Office as Reception No. 614098 and, 

### ii) thatportion ofthose lands defined as Eagle CountyAirport Annexationto the Town ofGypsum as recorded at Reception No. 614097 inthe Office ofthe Eagle County Clerk and Recorder, County ofEagle, State of Colorado. Containing3.52 acres more orless.

### PARCEL3 A Parcel ofland, located inTract 60, Section3 and 10, T5S, R85W, 6th P.M., County ofEagle, State ofColorado, according to the IndependentResurvey thereofas acceptedbytheGeneral Land Office June 6, 1923, also beingnortherly of and adjacentto the Cooley Mesa Road, said parcel beingmore specifically described as follows: Commencingatthe monumentma1·king thewitness cornerto anglepoint3 of tract57 fmmwhich angle point2Tract54 bears N71°44'56"E, 4175.85 feet; thence S89°04'54"W, 30.01 feet to the truePointofBeginningbeing the southeastcorner ofthe "NunnProperty" as definedinthe NunnProperty, Land Survey Platas deposited in Book 001 atPage 660 intheEagle County, Colorado, LandSurvey Plat depository; thence S89°04'54"W, 295.23 feet alongthe northerlyboundary of the Cooley Mesa Road rightofway, thence N00°21'00"E, 295.16 feet, thence N89°04'54"E, 295.23 feet, thence SOOo21'00"W, 295.16 feet to the pointto the point ofbeginning. · Containing2.00 acres more orless

# EXHIBITB 

# Airport Control Document

. EXHIBIT

..

# ~ 

# s··PROPOSED REVISED F.AGLE COUNTY AIRPORT PLANNED UNIT DEVELOPMENT (PUD) CONTROLDOCUMENTThe Eagle County Airport Planned Unit Development (PUD) represents a unique use in Eagle County, being the only public airpo1t in the County. It is also unique in that it is operated by the Board ofCounty Commissioners (BoCC).lt is also subject to regulation by the Federal Aviation Administration (FAA). · As a public airport, there will be amixture ofuses which make standard zoning for the airpott impractical.
I. Uses to be allowed on the Airport: A. Aircraft landing fields (fixed wing and rotorcraft). B. Airportrelated businesses (Fixed Base Operator & Airport Specialty Operator). C. Office Space (aviation related). D. Airport related restaurant(s); snack bar(s); gift, newspaper and magazine sale(s). E. County road and bridge facilities. F. Airport maintenance facilities. G. Airport emergency vehicle facilities. H. Airport terminal facilities. I. Airpott flight service stations and/or control tower(s). J. Airport parking facilities (lot or multi-level structure). K. Rental car and rental car preparation facilities. L. Open space. M. Agriculture. N. Limited gravel mining (for use within the PUD). 0. Airport or other county office space. P. Contractors yard(s) for use during construction on the airport (only). 

### Q. Fuel farms, fuel storage, and selffueling stations. R. Colorado Army National Guard Facilities. S. Aircraft, Rescue and Fire Fighting building. T. CommuterRail Terminal. U. T-Hangars, Executive Hangars, Commercial and Private Hangars. V. County Storage Buildings. W. Water Storagetanks. X. Weathe1· Observation Systems. Y. Aeronautical Instruments. Z. Glycol StorageTanks. AA. Baggage Systems. · BB. All walkways, runways, ramps, apron areas, taxiways, taxi lanes, flood lights, landing lights, beacons, signals, radio and navigation aids, fuel facilities, deicing facilities, utilities, security facilities, safety facilities, and associated structures, and all other conveniences for flying landing and take-offofaircraft and necessary for the safety, security or operational efficiency ofthe airport. CC. All grading stmctures, accessory buildings, o1· otherimprovements incidental to and necessru·y to complete the uses set forth herein. DD. Aviation-related industry uses. 2. Use and construction on the airpo1t is regulated by the Eagle County Engle County Regiomll Airporl PUD Page2

### Airport Minimmn Standards for Aeronautical Services and the Airport Rules and Regulations, which are adopted and subjectto amendment by 

### the BoCC at any time. Furthernon-county use ofany pa1tofthe PUD is regulated by 

### lease conditions imposed by the BoCC. All structures may further require permitting through the FAA to ensure they do not conflict with safety requirements. 3. Architectural Review -All plan and building designs are reviewed by the Airport Manager and/orBoCC priorto use ofany partofthe development. 4. Building Controls A. Setbacks i. Minimum setbacks from Cooley Mesa Road offU.S. Highway 6-50ft. ii. Minimum setbackfor new building from center-line ofrunway as prescribed by FAA regulations shall be observed. B. 

### Height i. 

### 65 foot maximum height for all structures except control tower, beacons, or othernavigational aids or lights. C. Building Envelopes i. 

### Building envelopes shall be designated by the BoCC in its role as airport owner prior to the construction ofany new structure. S. Use Standards A. 

### All areas shall be kept free ofnoxious weeds,junk, and general clutter orother nuisance. 6. Wildlife Control A. As funds permit, fences shall be constructed to prevent or hinder the access ofdeer to runway ortaxiway area. 7. Long Term Leases A. Leases ofaterm ofup to and including aperiod ofsixty years

8. Signs may be entered without further subdivision review for, butnot limited to, Fixed Base Operators, Aviation Speciality Operators, National Guard Facility, Fire Stations, or Parking Facilities on the Airport PUD
A. 

### Any sign must be approved by the BoCC before attachmentto any buildings or other erection at the airport. 9. Structure Exteriors A. 

### Exterior building androofcolors shall be approved by 

### the BoCC prior to the erection ofany structure, to ensure acompatible color scheme with othe!'· nearby structures.

Eagle Counly Regional Airport PUD Page3