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HomeMy WebLinkAboutPACKET Town Board 2020-02-11 — Prepared 01-31-2020 'Revised 1 TC)�N aF EST F�S PAI�� The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call(970)577-4777. TDD available. BOARD OF TRUSTEES-TOWN OF ESTES PARK Tuesday. February 11, 2020 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS/LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated January 28, 2020. 3. Parks Advisory Board Minutes dated November 21, 2019 and December 19, 2019 (acknowledgement only). 4. Transportation Advisory Board Minutes dated November 20, 2019 and December 18, 2019 (acknowledgement only). ACTION ITEMS: 1. ORDINANCE 01-20 AMENDING CHAPTER 2.04 OF THE ESTES PARK MUNICIPAL CODE CONCERNING MUNICIPAL ELECTIONS. Town Clerk Williamson. Continued from January 28, 2020. To align the Estes Park Municipal Code with the Colorado Revised Statutes related to deadlines for write-in candidates and cancellation of the election. 2. CONTRACT WITH HOST COMPLIANCE FOR VACATION HOME MONITORING SERVICES. Town Clerk Williamson. To consider the 2020 contract with Host Compliance to provide vacation home compliance, address identification, trend monitoring and 24/7 hotline. 3. ORDINANCE 02-20 AUTHORIZING ISSUANCE OF A USDA WATER REVENUE BOND. Director Hudson. To finance the Park Entrance Mutual Pipeline and Water Company system improvements. 4. ORDINANCE 03-20 CONVERTING THE ESTES VALLEY DEVELOPMENT CODE TO THE ESTES PARK DEVELOPMENT CODE. Director Hunt. Amending to the Estes Valley Development Code to make it applicable only within the Town of Estes Park and clarifying certain sections therein. ADJOURN. � 1 ` ` �� ♦ O �` �� � � � a �� � � � � 2 2 Town of Estes Park, Larimer County, Colorado, January 28, 2020 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 28t" day of January, 2020. Present: Todd Jirsa, Mayor Ron Norris, Mayor Pro Tem Trustees Carlie Bangs Eric Blackhurst Marie Cenac Patrick Martchink Ken Zornes Also Present: Travis Machalek, Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk � Absent: None. Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Zornes/Norris) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. John Meissner/Town citizen commented on the recent change on how Larimer County Health rates restaurants. The simplified process makes it easier for customers to understand. He suggested a process used in other communities should be considered for Estes Park restaurants in which a sticker is placed on the door to inform the public of the County rating. TOWN BOARD COMMENTS Trustee Martchink stated he attended and emceed the recent Estes Park Nonprofit Resource Center fundraising event. He also attended the Pizza and Politics event with other members of the Town Board at the high school. He announced his candidacy for Trustee. Trustee Cenac stated she attended the Pizza and Politics event and found it enjoyable and rewarding. Trustee Bangs thanked the candidates running for mayor and trustee at the upcoming Municipal Election. She stated the Transportation Advisory Committee met to discuss how to prioritize items for 2020. Mayor Jirsa reminded the public of the upcoming Kindness project to be held in Estes Park on February 5 and 6,2020. He encouraged those interested to register for the event through the Library. Mayor Pro Tem Norris also thanked candidates running for mayor and trustee. The Family Advisory Board would meet on February 13, 2020. Trustee Zornes recommended citizens read the Kindness Diaries. Trustee Blackhurst stated the Estes Valley Planning Commission would not bring forward code changes until the new Planning Commission has been established. 3 3 Board of Trustees—January 28,2020—Page 2 TOWN ADMINISTRATOR REPORT. Administrator Machalek reviewed the quarterly report for Policy Governance Policy 3.3 Financial Planning. He stated full compliance with the policy guidelines. 1. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated January 14, 2020 and Town Board Study Session Minutes dated January 14, 2020. 3. Estes Valley Planning Commission Minutes dated November 19, 2019 (acknowledgment only). 4. Family Advisory Board Minutes dated November 7, 2019 and December 5, 2019 (acknowledgement only). 5. Family Advisory Board 2020 Focus Area. � 6. Federal Transit Administration Title VI Program Plan. 7. Approval to Submit a Grant Application to Colorado Department of Transportation for the Multimodal Options Fund for Fall River Trail. 8. Parks Advisory Board Appointments: • Geoffrey Elliot, Reappointment, 3-year term expiring December 31, 2022. • J Rex Poggenpohl, Reappointment,3-year term expiring December 31,2022. 9. Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Martchink/Cenac) to approve the Consent Agenda Items, and unanimously. 2. LIQUOR ITEMS: 1. CHANGE OF LOCATION FOR A HOTEL & RESTAURANT LIQUOR LICENSE HELD BY TWIN OWLS INC. DBA THE TWIN OWLS STEAKHOUSE FROM 800 MACGREGOR AVE TO 3110 SOUTH ST. VRAIN AVE, ESTES PARK, CO 80517. Town Clerk Williamson reviewed the application and stated all paperwork and fees had been submitted for the change of location. The applicants purchased the Taharaa Mountain Lodge and transferred the Lodging and Entertainment liquor license at the Town Board meeting on July 23, 2019 with the intent of surrendering the license once the Twin Owls Steakhouse was relocated to the lodge. Approval of the change of location would coincide with the surrendering of the current liquor license held at the Taharaa Mountain Lodge. It was moved and seconded (Norris/Martchink) to approve a Change of Location for the Hotel and Restaurant liquor license held by Twin Owls Inc.dba Twin Owls Steakhouse from 800 MacGregor Avenue to 3110 South St. Vrain Avenue, and it passed with Trustee Bangs abstaining. 2. NEW HOTEL AND RESTAURANT LIQUOR LICENSE FILED BY BLACK CANYON CATERING. INC. DBA THE HOMESTEAD, 800 MACGREGOR AVE, ESTES PARK, CO 80517. Town Clerk Williamson reviewed the application and stated all paperwork and fees had been submitted. With the Board's approval to change the location of the current liquor license held at the premise by Twin Owls Steakhouse,the applicants are requesting approval of a new Hotel and Restaurant liquor license on the premise. Darin Cuscik/Food & Beverage Manager for the Black Canyon Catering Inc. dba The Homestead stated the complex would be an event and wedding facility only and would not be open to the public. It was moved and seconded(Martchink/Zornes)to approve the Hotel and Restaurant Liquor License filed by Black Canyon Catering, Inc. dba The Homestead, 800 MacGregor Ave, and it passed with Trustee Bangs abstaining. 4 4 Board of Trustees—January 28,2020—Page 3 3. NEW HOTEL AND RESTAURANT LIQUOR LICENSE FOR WAY FINDER INC. DBA WAY FINDER, 900 MORAINE AVE, UNIT 301, ESTES PARK, CO 80517. Town Clerk Williamson reviewed the application and stated all paperwork and fees had been submitted.A liquor license was previously held at the location by Cadeso Inc. dba The Other Side Restaurant. The license was not renewed in December 2019 and staff was notified by the property owner the company had lost possession of the property. The applicants submitted the liquor license in December in conjunction with the expiration of the current liquor license. Jared Ramos/applicant stated he would complete TIPS training within the next two weeks. It was moved and seconded (Cenac/Martchink)to approve the Hotel & Restaurant Liquor License filed by Way Finder Inc. dba Way Finder, 900 Moraine Avenue, Unit 301, and it passed unanimously. 4. NEW TAVERN LIQUOR LICENSE FOR ESTES PARK POST NO. 119. AMERICAN LEGION DBA ESTES PARK POST NO. 119.AMERICAN LEGION, 850 NORTH SAINT VRAIN AVE. ESTES PARK. CO 80517. Town Clerk Williamson reviewed the application and stated all paperwork and fees had been submitted. The American Legion has requested a change in class of license from a Club liquor license to a Tavern liquor license. A change in class requires a new liquor license application be submitted, and if approved, the current Club license would be surrendered. This change would allow the American Legion to hold more than 15 special events per year, and would eliminate the need for Special Event Liquor License applications, fees and staff processing time for special events. It was moved and seconded (Norris/Zornes) to approve the new Tavern Liquor License filed by Estes Park Post No. 119, American Legion dba Estes Park Post No. 119, American Legion, 850 North Saint Vrain Avenue, and it passed with Trustee Bangs abstaining. 3. PLANNING COMMISSION ITEMS: �� 1. ACTION ITEMS: A. RESOLUTION 08-20. AMENDED PLAT NO. 1. ESTES PARK RESORT TOWNHOME SUBDIVISION, 1700 BIG THOMPSON AVENUE. MOUNTAIN VILLAGE DEVELOPMENT LLC, OWNER/APPLICANT. Planner Woeber reviewed the application and stating two lots within the platted townhome subdivision would be removed with the amended plat. The applicant determined a minor reconfiguration was needed to provide additional distance between the accommodation units. The elimination of the two lots would provided the needed space. It was moved and seconded (Cenac/Norris)to approve Resolution 08-20, and unanimously. 4. ACTION ITEMS: 1. RESOLUTION 09-20 SUPPLEMENTAL BUDGET APPROPRIATIONS. Administrator Machalek stated staff determined the position could be approved by the Town Administrator through Policy Governance because it would be a limited term position and could be funded with current budget funds. It was moved and seconded (Norris/Cenac) to postpone indefinitely Resolution 09-20, and it passed unanimously. 2. THE HISTORIC STANLEY HOME FOUNDATION OFF-CYCLE FUNDING REQUEST. Town Administrator Machalek stated the Historic Stanley Home Foundation has requested a one-time request of$75,000 to fund the gap between anticipated first year revenues and the costs to startup the Historic Stanley Home Museum and Education Center. David Batey/County citizen and member of the Historic Stanley Home Committee Advisory Group thanked the Board for considering the startup cost for the Historic Stanley Home Museum and Education Center. He stated the project would advance the Town's strategic plan by supporting a robust economy, provide exceptional guest services, and outstanding community service. The group has 5 5 Board of Trustees—January 28,2020—Page 4 raised $1.53 million from 402 donors in the past 12 months. The additional funds to purchase the home would be in the form of a mortgage through the Bank of Colorado. The Town's support of this project would demonstrate additional local support for the project and strengthen current and future grant applications to maintain and renovate the home. Board discussion followed and has been summarized: Trustee Blackhurst stated the bank would have first position and collateral, therefore, he recommended the bank fund the startup costs; he further questioned why the organization did not apply for a community grant in 2019; the Board stated the Town has a list of unfunded 2020 budgetary items, including competing items related to housing and childcare, and questioned if the Board should consider this item outside of the March review of the list; Board members stated support for the project but could not support the project without reviewing the current list of unbudgeted items. Tom Shamburg/Historic Stanley Home Foundation President & CEO stated the organization did not meet the requirements for the Community Service grant in the fall of 2019. John Meissner/Town citizen stated opposition to the Town funding the foundation for the operation of the Historic Stanley Home Museum and Education Center because of the unresolved issues related to F.O. Stanley's past pertaining to racism. Tom Shamburg stated a report has been completed by Tom Pickering and Tom Widawski reviewing the F.O. Stanley racism claims. After further discussion, it was moved and seconded (Norris/Martchink)to table the request for $75,000 in startup funding for the Historic Stanley Home Foundation to the March 24, 2020 meeting, and it passed with Trustee Blackhurst voting "No". 3. RESOLUTION 10-20 SETTING THE ELECTION FOR THE SALE OF DANNELS FIRE STATION. The Town constructed the Dannels Fires Station in 1996 and operated the facility until the formation of the Fire District in 2010. The Town has leased the facility to the Fire District at no cost since 2010. The Fire District currently maintains, repairs and insures the building. Staff has been in discussion with the Fire District on transferring the building to the District to eliminate further expenses related to maintenance and repair of the building, parking lot and landscaping; provides the District with an asset which could be collateralized; and the Fire District would manage and maintain the Special Use Permit (SUP) with the Bureau of Reclamation. The Colorado Revised Statute requires the sale of the Dannels Fire Station through a referred measure. Staff presented a Resolution to set the ballot language for a referred measure on the April 7, 2020 ballot. Discussion followed with Trustee Blackhurst questioning the value of the building; questioned if the Town should sell the station for a$1 when the depreciated value is approximately$800,000; and questioned how the station could be collateralized if the building can only be used as a fire station through the SUP with the Bureau of Reclamation. After further discussion, it was moved and seconded (Martchink/Bangs) to approve Resolution 10-20, and it passed with Trustee Blackhurst voting "No". 4. ORDINANCE 01-20 AMENDING CHAPTER 2.04 OF THE MUNICIPAL CODE CONCERNING MUNICIPAL ELECTIONS. Town Clerk Williamson reviewed the proposed changes to the code which would align with the Colorado Revised Statute dates for write-in candidates and for the cancellation of elections. In addition,staff requested additional language be added to Section 2.04.030 to allow the Board a formal process for cancelling a referred measure. It was moved and seconded (Blackhurst/Norris) to continue the public hearing to the February 11, 2020 meeting to provide an Ordinance with the redline revisions for the Board's consideration. 6 s Board of Trustees—January 28,2020—Page 5 5. REPORT AND DISCUSSION ITEMS: 1. PLANNING TRANSITION ORDINANCE DISCUSSION. Director Hunt provided a review of the items which would need to be addressed prior to the intergovernmental agreement expires on March 31, 2020. Items include the following: • Adopt the Estes Valley Development Code as the Estes Park Development Code with a blanked statement that "Valley" would be replaced with "Park" in the code. • Create an Estes Park Planning Commission and an Estes Park Board of Adjustment.The EPPC would be a five-member board and provide for alternate members to the Commission to ensure a quorum can be met. The EPBOA would be proposed as a three-member Board. • The vacation home code language related to the current cap of 588. Staff recommended the final cap for the Town and the County be determined once the 2020 renewal process has been completed on March 31, 2020. The Town Clerk would verify the number of registered residential vacation homes within town limits as of April 1, 2020 and established the new Town cap moving forward. • Zoning map would remain enforce. The County has stated the current map would be maintained in the unincorporated area. • Provide a transitional process for applications submitted prior to March 31, 2020. Whereupon Mayor Jirsa adjourned the meeting at 9:25 p.m. � � Todd Jirsa, Mayor Jackie Williamson, Town Clerk 7 � �� ` �� ♦ O �` �� � � � a �� � � � � 8 s REC4R0 D� PR�C�EDINGS Town of Estes Park, Larimer County, Colorado, November 21, 2019 Minutes of a regular meeting of the Parks Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Museum Conference Room of the Estes Park Museum on the 21th day of November, 2019. Present Merle Moore Vicki Papineau Ron Wilcocks Rex Poggenpohl Dewain Lockwood Also Present: Elias Wilson, Public Works Administrative Assistant Patrick Martchink, Town Board Liaison Brian Berg, Parks Supervisor Absent: Geoffrey Elliot Chair Merle Moore called the meeting to order at 8:40 a.m. PUBLIC COMMENT: GENERAL BUSINESS: Chair Moore stated that at the bottom of page three and the top of page four references a recommendation made by Mrs. Walsh's Garden Committee. Moore suggested the addition of the specific recommendation provided in a handout which states the MWGAC requests that the Town Board authorize an RFP to identify a contractor who is qualified, has the appropriate expertise, and who has demonstrated an ability to develop an overall garden master plan that incorporates planting areas designed specifically for site-appropriate native plant materials. The RFP is also to include a specific site development plan for the pond and waterfall areas and a construction bid for that portion. Supervisor Berg suggested the portion referencing a request to the Town Board be eliminated from the recommendation. Chair Moore requested that a copy of the adapted minutes be emailed out to all of the PAB members. A motion was made and seconded (Papineau/Poggenpohl)to approve the September meeting minutes with the amendment and all were in favor. Gatewav to Estes Park Memorial Plaque Chair Moore gave the floor to Kathy Groesbeck of the Estes Park Rotary. Groesbeck stated that she has been working on the plaque project since Rodger Thorp passed away. She mentioned that the Rotary club cleaned the sign several years ago. After the cleaning the sign was noticeably cleaner after this work. To honor his memory the Rotary Club thought it would be wonderful to place the plaque on the Welcome to Estes Park Sign. The sons of Rodger drew up the plans for the plaque. Groesbeck stated that the PABs approval is necessary to install the plaque. The family chose the rock in the proposal because they believed the location best recognized Rodger Thorp's work. 9 s RECORD OF PROCEE�INGS Parks Advisory Board—November 21, 2019—Page 2 Supervisor Berg questioned why the specific rock in the proposed design was chosen. Groesbeck replied that the family believe it would be out of the way of pictures but still be noticeable for individuals to read. Supervisor Berg expressed concern that the plaque will always be visible in pictures and that the plaque would experience significant wear and tear due to the number of people climbing on the rock. The parks department discussed the possibility of placing the plaque on the farthest rock to the right. There, the plaque wouldn't be climbed on but would still recognize Rodger Thorp. Groesbeck mentioned that right after the sign was installed there was a car that flattened some of the rocks. Member Wilcocks stated that he likes Supervisor Berg's idea of having the plaque placed on the rock farthest to the right so that when you walk to the sign it will showcase the design. Groesbeck stated that the location of the plaque can be wherever the PAB prefers. She also stated that she believes the plaque would fit on the rock located on the far right. Chair Moore asked if there would is a potential for the car to hit the sign. Member Poggenpohl stated that if the sign if placed high enough a bumper will not hit it. Supervisor Berg commented that there will be 10,000 feet walking on the plaque if it is placed on the proposed rock. Groesbeck shared that Thorp won an AIA award for the design of the sign which he envisioned and drew on a napkin at Poppy's Pizza and Grill. Chair Moore asked if it would be possible to do a clean cut on the edge where people do park and add rock mulch of the same color as the sign to define where people can and cannot park. Berg responded that adding rock mulch to this area would require a CDOT Right-of-Way permit and that it is difficult to predict how long that could take. Member Wilcocks shared that in the TAB meeting on November 20th, 2019 a CDOT representative shared that CDOT allows almost anything to be done in their Right-of- Way if maintenance responsibilities are accepted by the applying party. Poggenpohl suggested that PAB ask Supervisor Berg to follow up on the gravel idea. Chair Moore questioned if the sign should be included in the inventory of Public Art and that he would call it a stone sculpture. Berg mentioned that the other replica signs located around town would also need to be considered. Chair Moore asked if there is a motion. Member Wilcocks motioned to allow the rotary to move forward with the proposed plaque project with the plaque being installed on the rock to the far right. Member Poggenpohl seconded the motion. All were in favor. Supervisor Berg asked Groesbeck if the Rotary Club would like the Parks Division to install the plaque. Groesbeck stated that this would be greatly appreciated. Berg asked Groesbeck to ensure the plaque has two threaded studs for installation. Groesbeck stated that this is wonderful and she will let Rodger's wife and boys know. She thanks the PAB for their time. Mrs.Walsh's Garden Committee Update Chair Moore shared that Supervisor Berg, the Chair of MWGAC and himself inet to begin working on an RFP. There is ongoing discussion about what would be the appropriate scientific names to place on plant labels. Moore stated that once the RFP is out the hope will be to identify a simple master plan. A proposal for the waterfall is also 10 10 RECORD OF PROCEEOINGS Parks Advisory Board—November 21, 2019—Page 3 being developed. Moore shared that weekly articles about the plants in the garden were produced in the summer and fall. The kiosk in the garden will also be updated. Moore stated that he believes the garden is functioning how the original owner intended. Supervisor Berg shared that there were five events and a small graduation ceremony held in the garden this year. Parks Updates Supervisor Berg shared that over the last month the tables near Weist were delivered and installed. Berg mentioned that the Parks Division wanted the tables to be off to the sides so that the space had the ability to have future performances. The ADA table is very well done. Eli Ertl began working for the Parks Division since the last PAB meeting. Eli has her Master's Degree in Forestry and for the past nine years has been working for RMNP. Berg stated that the Parks Division is extremely lucky to have Eli and that she is more than qualified for the job. The Parks Department is putting out an RFP for the completion of baseline controllers. Supervisor Berg shared that the Build Grant Application was unsuccessful. The Parks Division was waiting to see if this grant was successful before addressing the irrigation situation along the Riverwalk. Berg confirmed that the new Trailblazer Broadband will be coming down the Riverwalk and that they will be going down 16 inches deep. Berg is working with Light and Power to determine how everything will work out. He shared that the backflow currently runs from Children's Park to the Tunnel and that they are considering coming in off of the line where Pepper's is and going across to Kind Coffee. When the LOOP Project is completed the planting beds at the Dairy Queen Lot will no longer exist making it important to have water access on the kind coffee side. Supervisor Berg shared that if the Thumb Open Space Proposal is accepted that this space will fall under the Parks Division. The proposal will be discussed at the Town Board Study Session on December 3rd, 2019 and the Town Board will make a decision on December 10"', 2019. Chair Moore asked if the budget for 2020 included any funding for a new greenhouse complex. Supervisor Berg responded that this was not included in the budget. Chair Moore also questioned if there was money designated to the production of the ELSA booklets. Trustee Liason Martchink replied that there has been money dedicated to the ELSA. Papineau commented that$2,500 to$2,700 was dedicated for ELSA booklets and monitored weed drop offs. Berg stated that he has the ability to change smaller allocations under$5,000. Chair Moore shared that in a conversation with the Mayor he understood that the budgetary cost may be supplemented. Supervisor Berg shared that every year the Parks Division gets a little bit better at getting what they need and that the approved allocations can be moved without going for a line item. Trustee Liason Martchink shared that moving a few thousand dollars from here to there is a common practice throughout all departments of the town. Supervisor Berg commented that with any budget process citizens have the opportunity to speak to the Town Board. Martchink shared that the final budget meeting will take place on Tuesday November 26th, 2019 and he encouraged everyone to come. Member Poggenpohl questioned if there was a line item for the Tree Board. Berg replied that he found out that there had never been any funds allocated for the tree 11 11 RECORD OF PROCEEOINGS Parks Advisory Board—November 21, 2019—Page 4 board. The funds leveraged are 2 dollars per capita. The town is not required to allocate any funding. Member Poggenpohl stated that an AIPP reserve account had been established. He then asked if it shows up as a line item. Berg replied that no one has ever asked to have money placed into the account and that the account has not been formally established. Chair Moore asked Berg if the hole in the ground behind Mama Rose's had been addressed. Berg replied that the hole had been taken addressed. Papineau asked if the drainage had been addressed at the tunnel. Supervisor Berg stated that there is drifting occurring in the area but the drainage is working well with no signs of ice. Trustee Liason Martchink shared that it is important to remember that the Town is not the deciding factor on the Thumb Open Space because of the dependence on the GOCO grant. Member Poggenpohl asked how much the Parcel costs and the amount the grant would provide. Financial impacts to the town will be discussed at the next Town Board Study Session. Chair Moore asked about the progress of the grant for the picnic shelter. Berg replied that another application was submitted this year for GOCO and that the town will find out in March if the application was successful. Moore questioned if it worth exploring new grants for a new greenhouse facility. Berg stated that he is nervous about an expansion of the greenhouse. With wind and snow we may have to take down the current one to add on. Berg stated that a lot will depend on Eli's desires moving forward and that the Parks Division may experiment with a non-permanent hoop house. The current greenhouse is almost 30 years old and it currently is used as a house for all of the pots. Trustee Liaison Martchink shared that the Town Board has decided to help the school district with the construction for their CTE building and that this facility will include a greenhouse. He stated that hopefully there is a potential for resource sharing in the future and that if we are dedicating money to help our students, hopefully the school would be willing to help the town. Chair Moore stated that it is remarkable that our displays can be pulled off with the current greenhouse facility. AIPP FUNDING RESEARCH Member Poggenpohl shared that he recently visited Marfa, Texas. Marfa is the world's most famous small town for art with thousands of acres dedicated for large scale pieces of artwork. Poggenpohl commented that there are currently two different foundations operating in the town and that he was able to speak with a director of one of the foundations. He also shared that he was recently appointed by the State as one of four reviewers of artwork to operate in Northern Colorado. The language of the Draft Ordinance establishes funding for AIPP through the construction costs of capital projects by the town. At the Federal there has been a longtime program where a '/z percent is spent on artwork. This proposal asks the town to commit 1 percent of capital project funds to artwork. Poggenpohl explained that there is currently a proposed cut off at$5 million and then only a '/2 percent is committed. Poggenpohl is recommending that $5,000 be put aside by the town annually. He suggested that this should be an amendment to the existing ordinance. Member Poggenpohl said that the Town's Finance Director has mentioned before that he would hate to see any town funds going towards art. Chair Moore asked Trustee Liaison Martchink if the language of the ordinance should be rewritten and who the Parks Advisory Board should work with to get this 12 12 RECORD OF PROCEEOINGS Parks Advisory Board—November 21, 2019—Page 5 accomplished. Martchink stated that the Town Board is aware that the Parks Advisory Board is exploring possible changes and that it does not matter where this starts because Brian and Jackie will both get this to the right place. Supervisor Berg questioned if anything in the ordinance is directed towards funding. Member Poggenpohl said that there language addressing funding. Berg stated that he would look at the wording in that situation. Martchink commented that it does not matter for the Town Board because everything in the ordinance will be reviewed. Berg indicated that he would be the one to write the memo, sit down with the ordinance and figure out the exact wording. He would then bring it to the Parks Advisory Board. Berg also shared that he is fearful of not having the wording solidified before approval. Member Poggenpohl stated that is does not make sense for an amendment to be written. Chair Moore stated that the Parks Advisory Board should be prepared to present an ordinance change including specific guidelines to be approved all at once. Supervisor Berg asked if the Town Trustees have been educated on the topic. Poggenpohl asked if this should go to a study session. Trustee Liaison Martchink stated that this should absolutely go to a study session and that it will be important to look at the makeup of the Town Board. Sometimes you have a board that will simply be against the idea. Member Poggenpohl says that it will be important to discuss the reasons that other towns have adopted this method and why Estes Park should adopt it. He also shared that the Town Trustees were the ones who originally pushed for the Parks Advisory Board to look at Art in Public Places. Poggenpohl suggested that he and Chair Moore take time to look at the language and bring this language to the Parks Advisory Board to adjust and adapt. Supervisor Berg questioned if multi-year projects that are rolled over would be asked to expand their budgets after their approval. Poggenpohl stated that there would be a contingency and that change orders would make it easy to adapt the budgets. Berg stated that he hopes that to not have any negatives before it starts. Chair Moore stated that he doesn't expect the Town to change the current budget based on the experience with the weed management ordinance. Moore stated that it would be a big push to get this through. Trustee Liaison Martchink shared that the questions being asked are all likely to come up in future board meetings. Poggenpohl said that maintenance projects will be exempt and that it would only apply to new or extended infrastructure. Member Wilcocks said that he understands both sides of the argument and suggested that the language allow for the exemption of a project. Member Poggenpohl shared that what is currently on the table allows and exemption to portions of a project when the funding of the project exempts funds going beyond the project. Poggenpohl asked if the Parks Advisory Board would want to lower the cut off to$2 million. Trustee Liaison Martchink suggested that the artwork be connected to the project in some way. Chair Moore asked if the board is comfortable proceeding down this road. There were no objections. Historic Women of Estes Subcommittee Update Member Wilcocks shared that the subcommittee has held two meeting so far to identify stakeholders, develop ideas and define the type of artwork that is desired. He mentioned that everyone he has reached out to so far has been supportive and wanted to be involved at some level. Wilcocks stated that he would share the minutes from the 13 13 RECORD OF PROCEEOINGS Parks Advisory Board—November 21, 2019—Page 6 meeting with Administrative Assistant Wilson to distribute to the Parks Advisory Board and any questions can be sent directly to Wilson. Wilcocks said that the subcommittee has begun discussing possible funding sources and are targeting January to put forward specific ideas. Member Papineau questioned if there are examples of other projects that have been discussed. Wilcocks stated that there have been some examples discussed and looked at. Chair Moore commented that as shareholders are identified it is important to reference AIPP guidelines and that it would be ideal not to have too many performance artists. Wilcocks stated that the subcommittee is trying to honor the Women of Estes Park and not showcase people with performance skills. Wilcocks stated that he wants to make sure that the Subcommittee is following the desires of the Parks Advisory Board and that the proper steps are being followed. Supervisor Berg stated that the Parks Advisory Board will be almost the last step in the process and that if the Subcommittee identifies property that is not town owned the project will not have to come to the Parks Advisory Board. Chair Moore commented that the deadline being August 18t", 2020 which is the 100t"Anniversary of the 19t"Amendment, is ambitious. Supervisor Berg shared that since the Build Grant was not received there is now $500,000 set aside for one time expenditures and perhaps this project could be one of the expenditures. OTHER BUSINESS Wilcocks shared that the work on proposed Arts Committee will be asking PAB for further direction. Chair Moore stated that he forgot to mention in the MWGAC update that a historical sign is in the park and is weathered.This sign will be updated and a new one will be installed. Chair Moore also shared that Administrative Assistant Van Hoozer contacted the Estes Park Code Enforcement Officer Madachy and Lieutenant Life to see if they would provide an update to the PAB regarding noxious weed enforcement but she did not hear back from either. Papineau shared that individuals not in compliance could be fined for over$2,000. Moore wanted on the record that he is"put off°that an update was requested from the Police Department and the update was not provided. Dewain commented that the little house utility box in bond park is very well done. He mentioned that at the Walmart in Loveland there is a new painted utility box that is painted and is well done and would be worth a look if in the area. With no other business to discuss, a motion was made and seconded (Moore/Johnston) to adjourn the meeting at 10:19 a.m. and all were in favor. Recording Secretary Elias Wilson, Public Works 14 14 RECDRD D� PROCEEDINGS Town of Estes Park, Larimer County, Colorado, December 19th, 2019 Minutes of a regular meeting of the Parks Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Museum Conference Room of the Estes Park Museum on the 19th day of December, 2019. Present Merle Moore Vicki Papineau Ron Wilcocks Rex Poggenpohl Geoffrey Elliot Also Present: Elias Wilson, Public Works Administrative Assistant Patrick Martchink, Town Board Liaison Brian Berg, Parks Supervisor Kevin McEachern, Public Works Operations Manager Absent: Dewain Lockwood Chair Merle Moore called the meeting to order at 8:37 a.m. PUBLIC COMMENT: No public comment. Member Poggenpohl asked if the PAB is still lacking a member. Supervisor Berg shared that no applications for the vacant seat have been received. APPROVAL OF MINUTES A motion was made and seconded (Papineau/Wilcocks)to approve the November meeting minutes and all were in favor. MRS WALSH'S GARDEN COMMITTEE UPDATE Chair Moore shared that the MWGC,with help from Supervisor Berg, is putting together a Request for Proposal (RFP)for a Garden Master Plan, including a construction plan for the waterfall and pond area. Moore stated that the committee intends to get the RFP published after the first of the year in order to get feedback from contractors in a timely manner. The plan is to start construction in Spring of 2020. Member Poggenpohl asked if there is an estimated cost for the Master Plan. Supervisor Berg said there is currently no estimated cost. Chair Moore commented that there is an excess of$60,000 available and that most Master Plans he has seen are in the$30,000 range. He shared that in the first year little was spent from this fund and in the second year, minor upgrades were made to the garden which leaves a significant amount of funding available. Chair Moore shared that the committee is considering having a presence at the 2020 Mountain Heritage Festival. Member Poggenpohl asked if all native plants existing in MWG are on the list of plants recommended by the Town. Chair Moore replied that not all of the plants in the garden are suitable. Supervisor Berg said that some of the species are harder to maintain than 15 15 RECORD OF PROCEE�INGS Parks Advisory Board—December 19, 2019—Page 2 others. Poggenpohl questioned if all of the Town-recommended species are suitable. Berg confirmed this to be true. Chair Moore stated that the Mission of Mrs. Walsh's Garden is to provide knowledge and education of native plants to help individuals determine suitability for their situations. HISTORIC WOMEN OF ESTES SUBCOMMITTEE UPDATE Member Wilcocks shared there are 32 key stakeholders on-board who represent various groups throughout the town. Wilcocks shared that the group is excited and that the subcommittee is making good progress.Voting is under way to determine the type of art, the location, and the nominees. Voting will close on January 1St, 2020. Wilcocks will bring the results to the next PAB meeting. Member Poggenpohl asked if there was a target budget. Wilcocks replied that a budget for the project would be created after the type of art is determined. Supervisor Berg said that the Town has no budgeted funds for this project. Member Papineau asked about the voting process being used and if it was open-ended. Wilcocks stated that the subcommittee has narrowed the field to the most popular ideas. He explained that each person will have multiple votes which will help identify the artwork most desired by the group. Berg suggested that, as the location gets narrowed down, Wilcocks bring these results to PAB. Poggenpohl commented that the subcommittee will be unable to apply for grants in 2020. Trustee Liaison Martchink shared that he believes Wilcocks has done a good job at identifying different funding streams. Wilcocks shared that if a Fundraising Chair is put in place,they will likely approach the Town for funding, but stated that several other funding sources are available to them. Chair Moore stated that in a worst-case scenario, the PAB would announce the artwork by next year. Wilcocks said that a schedule will be needed to seek approval from the PAB and Town Board. Berg shared that he was impressed with the work that has been done so far by the subcommittee. AIPP FUNDING ORDINANCE Member Poggenpohl shared that the State of Colorado has finalized its grant process. He shared a list of organizations that are ineligible to apply in 2020. Poggenpohl also provided a list of awardees from Boulder and Larimer Counties. Poggenpohl explained that the final draft includes two proposals. The first is an amendment to the existing ordinance which discusses a percentage of construction cost be dedicated. He also proposed the idea of an Arts Advisory Council (AAC). There is no reference to this in the ordinance because it sounds like the PAB is granted the flexibility to make the determination. Wilcocks shared that the proposed AAC has met three times and has reached out to many in the art community. He commented that 35 individual artists are involved and that he has made it clear that it is not an official committee. Wilcocks stated that the artists involved understand that they are stakeholders and resources for the AAC, if created. Member Poggenpohl stated these kinds of programs often face an uphill battle. Poggenpohl shared the current group of Trustees may or may not be in support of a program such as this and that without a Master Plan and Town involvement, it will likely not be successful. 16 16 RECORD OF PROCEE�INGS Parks Advisory Board—December 19, 2019—Page 3 Supervisor Berg said that he sees the situation from three different perspectives. He expressed his concern about establishing an AAC to advise the PAB. Berg believes that the establishment of an AAC to the Town Board may be the appropriate route to take. Poggenpohl replied that the PAB needs to be advised by experts and that an AAC would serve this purpose. Chair Moore said that he is hearing excitement about a very wide variety of arts and perhaps if this proposed committee exists under AIPP it should be have a well-defined role. Member Wilcocks said that the development of an Arts Master Plan for the Town is something for which all stakeholders have expressed excitement. Supervisor Berg said that it sounds like an AAC is being conceptualized and that the PAB will want to seek Town Board approval because there will be a need for staff resources. Berg said that he doesn't want PAB to grow another advisory committee without the support and approval of the Town Board. Poggenpohl said that the PAB currently controls the money and doesn't need an AAC to do so but there is a need for expertise and advice. Wilcocks said that he will not go forward without the support of the Town Board. Berg encouraged the PAB to discuss the funding and wording separately when speaking with the Town Board and he suggested the PAB bring this to a study session to gauge the interest of the Town Board. Poggenpohl said that if the PAB doesn't do the AAC there is a chance the members of the arts community will organize and do it themselves. Wilcocks said that if an AAC is formed but not commissioned by the Town Board it will not have the gravitas. Poggenpohl asked what the best approach would be to present this information. He commented that the PAB feels like they need technical knowledge and expertise in this area. Berg said he believes an AAC would be the proper path to take. He asked if the PAB was expecting the proposed committee to be allocating money. Chair Moore commented that a proposed AAC would deal with the AIPP only. Moore said that the success of the Historic Women's Subcommittee could convince the Town Board that this program could be a valuable program for Estes Park. Wilcocks said that the ad hoc committee isn't going anywhere unless it is approved. Trustee Liaison Martchink said that the problems the PAB is trying to solve may be addressed by restructuring the PAB bylaws and requiring an arts expert be included on the PAB. Poggenpohl said if we have the expertise on the PAB,we likely wouldn't need an AAC. Poggenpohl stated that it is easier to get people to act on an advisory committee when needed than it is to get people to meet with an advisory board each month. Member Papineau asked how the PAB would define expertise and how they would fill the capacity. Papineau shared her concern about finding someone with this expertise who would meet the needs of the PAB and represent the views of Estes Park residents. Wilcocks then shared names of several different people and organizations engaged in the process so far. Wilcocks said he believes the PAB should be the one guiding the proposed AAC at first. Poggenpohl said that Trustee Liaison Martchink's suggestion to adapt the bylaws is an easier way to make this happen. Moore said that he believes there should be a narrow focus to guide the proposed committee on the role they would play in the process. Papineau said that time will tell if the proposed committee will evolve into an advisory board. Member Elliot said that the PAB will need to provide a defined scope to guide the 17 17 RECORD OF PROCEEOINGS Parks Advisory Board—December 19, 2019—Page 4 group. Wilcocks is confident that the group would still be excited even if the only thing the Town approved was an Arts Master Plan. Berg clarified that the PAB is asking to be advised on technical issues only. Chair Moore confirmed. Berg asked if the proposed committee would use money to create a Master Plan. Poggenpohl said that this would not be the case and the PAB would be responsible for this process. Berg shared reservations to diving into art. He wants to make sure that this is where the Town Board wants the PAB focused. Papineau asked if PAB should move forward with the two proposals. Berg suggested only taking the$5,000 and the percentage to discuss with the Town Board to start. Poggenpohl said that he thinks that the PAB should remind the Town Board that they asked PAB to look at funding. He stated that there is a need to have the Town commit funding and there needs to be a Master Plan. Chair Moore shared that the Parks Division currently receives funding for sculpture maintenance. Berg confirmed and shared that Power& Communications Division pays for the Decorating Utility Boxes(DUB) program. Moore said that the $5,000 for maintenance is in the wrong order and that an Art Master Plan should be the initial goal. Wilcocks shared that Art Master Plans he has seen have a broad scope. Poggenpohl said he would bring a few examples of Art Master Plans to the next PAB meeting. Member Elliot asked if there was a way to see how they are governed. Berg replied that this should be identified in the plans. Papineau asked for plans comparable to the Town of Estes Park. Moore stated he would like to continue working on the language. Poggenpohl and Wilcocks agreed the PAB should reach out to the Town Board. Wilcocks will continue to shepherd the ad hoc committee. Berg suggested if it isn't successful with the current Town Board of Trustees, it could be brought back when new Trustees are elected. Berg stated that he will be more comfortable with the support of the Town Administrator. PARKS UPDATES Berg shared that the Town Board approved the funding which would be used in conjunction with the possible GOCO grant funding for the purchase of the Thumb Open Space ("Thumb"). The Town will find out in March 2020 if they were awarded the GOCO grant funding for both the Thumb and the picnic shelter. Thumb maintenance will be performed by the Parks Division and Berg stated that as a Thumb Open Space Master Plan moves forward, community member engagement will be needed to identify and address the needs, hopes and concerns Berg stated that the Estes Park Museum asked the Parks Division to come up with a kid-friendly area outside the museum. Musical instruments, as seen along the Riverwalk, will be added to this space. Berg also mentioned that he found some crosswalk designs he would like to experiment with, but will explore other options. OTHER BUSINESS Noxious Weed Ordinance Letter. Supervisor Berg shared that he spoke with Lt. Rick Life. Life stated he is planning to meet with Larimer County and that things are moving slowly. He asked the PAB members to reflect on the study session held on April 23rd 2019. Berg met with Lt. Life,Attorney Kramer, and Town Administrator Machalek. 18 18 RECORD OF PROCEE�INGS Parks Advisory Board—December 19, 2019—Page 5 Attorney Kramer suggested the approach to the ordinance language be reevaluated. Berg explained that the approach is currently viewed as "heavy-handed". Berg again asked the PAB to view the Study Session and pay close attention to what the Town Board asked the PAB to consider. Berg stated he would identify the exact section in the minutes where the Town Board asked for specifics from the PAB. Wilcocks asked if a memo from the PAB would help address the situation. Moore said that providing the Town Board with writing would be ideal and that the PAB will spend time reviewing the April 23�d, 2019 meeting. Papineau shared that the designers of the ELSA booklets are experts on the subject and that the Police Department must learn how to identify noxious weeds. Berg reminded the PAB that the Chairperson is responsible for approving agenda items before the packet is sent out. Chair Moore thanked the PAB members for their time and service to the Town of Estes Park. Member Elliot mentioned that the Mountain Heritage Festival planning process is beginning. With no other business to discuss, a motion was made and seconded (EIIioU Wilcocks) to adjourn the meeting at 10:19 a.m. and all were in favor. Recording Secretary Elias Wilson, Public Works 19 19 �� ` �� ♦ O �` �� � � � a �� � � � � 20 so l�EC�RC] dF PRdCEEQINGS Town of Estes Park, Larimer County, Colorado, November 20th, 2019 Minutes of a regular meeting of the Transportation Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Room 202 of Town Hall on the 20�"day of November, 2019. Present: Belle Morris Gordon Slack Stan Black Tom Street Ron Wilcocks Scott Moulton Janice Crow Ann Finley Linda Hanick Also Present: Trustee Carlie Bangs, Town Board Liaison Vanessa Solesbee, Parking &Transit Manager David Hook, Engineering Manager Elias Wilson, Public Works Admin. Assistant Megan Van Hoozer, Public Works Admin. Assistant Greg Muhonen, Public Work Director Larry Haas, Region IV Traffic Engineer Chair Morris called the meeting to order at 12:05 p.m. PUBLIC COMMENT: No public Comment. Chair Morris welcomed Larry Haas from CDOT Region 4. APPROVAL OF MINUTES: Member Street moved to approve the minutes and Member Moulton seconded. All were in favor. CDOT Question/Answer(Larry Haas, CDOT Reaion IV Traffic Enaineer) Chair Morris commented that in the last meeting we discussed questions for Larry Haas CDOT Region 4 Traffic Engineer and those questions are included in today's packet. Haas works closely with the Estes Park Public Works Department to help keep traffic flowing safely through the town. Director Muhonen asked Haas what the first project he worked on was and Haas replied that he worked with then Public Works Director Greg Seivers to put traffic signals and the pedestrian crossing in at Manford and a signal at the intersection of Macgregor and 34 Hwy. Muhonen stated that Haas has seen more projects happen in Estes Park than anyone in the room. Chair Morris began going through the list of questions. The first questions was "what are you looking for when motorists and cyclists blend together, on segments of the roadway, which influence your decisions for the installation of bicycle facilities?" Haas replied that CDOT is looking at the number of bicycles using the area and the number of incidents between bicycles and vehicles that have occurred. He commented that the signs on the road are a good start. Director Muhonen stated that there are no definite counts on bike traffic. Haas shared that unfortunately CDOT often operates as a reactive agency and that the agency often has to see the data before it is able to distribute funds. Typically a cost benefit ratio is considered before a project is done or not. Member Moulton compared this to the chicken or the egg scenario and stated that people make decisions on where to ride based on the existing infrastructure so if the infrastructure doesn't exist, the numbers of 21 21 Transportation Advisory Board—November 20t'',2019—Page 2 riders that CDOT is looking for will not exist. Engineer Haas replied that the resources and financial resources of CDOT are limited. Chair Morris questioned if there are any other warrants. Haas said that CDOT would like to add pedestrian and bicycle facilities where they can like on the 7 Hwy project but there isn't always space to do so. Director Muhonen presented the Lily Lake area of 7 Hwy as an example and commented that there would be a enormous cost associated with adding facilities to that stretch of road. Member Slack asked where the areas are that Haas serves. Haas shared that he works in 13 different counties from Boulder to Kit Carson and that this means he works in both the mountain areas and the plains from oilfield traffic to farming traffic. Director Muhonen commented that it is helpful to know that Haas serves so many areas so that when we question why CDOT isn't fixing a certain issue we realize the scope of their work. Chair Morris shared that in 2019 the Estes Park Town Board unanimously passed a Complete Streets Policy and now the Public Works Department is responsible for investigating what it will take to add sidewalks and other amenities to streets in Estes Park. Morris questioned what it would cost to calm traffic on 7 Hwy. She also stated that there is a lot going on in that area with the fairgrounds, students walking to school,families, and businesses being located all along that stretch. Haas replied that there is currently a speed monitor device that alerts drivers to the speed reduction. Haas said that the largest number of speed violators are the locals. He stated that crosswalks require a balance because when a crosswalk stops all traffic for one person to cross it slightly disrupts the flow but if there are several crosswalks put into the same area traffic stops flowing. Haas stated that it is better to congregate pedestrians to a specific intersection to cross. Chair Morris stated that there is a need for a crosswalk across 7 Hwy from 3�d street and that the Transportation Advisory Board requests that one be installed. Haas questioned if the kids are not getting across or if anyone has been hit. Chair Morris shared that the Transportation Advisory Board recently did a bike tour around town and on 7 Hwy they witnessed traffic fly through the area when pedestrians were trying to cross. Morris stated that there isn't much warning for drivers. Haas commented that there are signs and pavement markings say that there will be a crosswalk. Director Muhonen asked Haas is a pedestrian refuge is an option. Haas replied that a pedestrian refuge would have to be ADA compliant and it would depend on the amount of space available. He also shared that electricity would have to be run to the pedestrian refuge in order to add a push button and additional signs. Haas said that other things to consider would be if people would run into the island and if it would get in the way of snow plowing. Muhonen questioned if there would be funding available. Haas said that this would likely fall into Safe Routes to School and that it would be based on how many children are crossing the road and the level of interaction they have with traffic. Haas shared that there is a chance that the funding of this project could fall entirely to the Town of Estes Park. Black questioned if a pedestrian refuge would be the first solution that Haas would go to. Haas replied that he may first attempt another approach such as a rumble strip or making the flashing beacons brighter rather than building completely new infrastructure. Director Muhonen commented about the role of enforcement. Haas stated that he is positive the EP police is aware of the situation and that enforcement must play a part in addressing the issue. Haas suggested that the Transportation Advisory Board talk to the Chief and Captain to see if they might be able to do a blitz in the area and then work on education. Chair Morris shared that with an increase in the number of businesses in the area and the community center traffic has increased. Haas replied that it is unlikely that it would require the addition of a traffic signal. He stated that perhaps a paid crossing guard, who understands their duty to save lives, should be stationed in the area. Member Crow asked what options would be available to pay crossing guards. Trustee Liason Bangs shared how easy it is to miss the flashing lights and that she has caught herself entering a school zone with flashing lights and has a delayed reaction to the fact that she needs to slow down. Member Slack commented that he believes crossing guards sound like a very cost effective and impactful solution to the issue. Director Muhonen shared that the use of crossing guards would fall under the schools authority. Haas commented that if a crossing guard is determined to be the best solution that Estes Park is welcome to go ahead with it. Member Crow commented that a crossing guard position would be a great job for retired individuals looking for a job. Manager Hook he would be able to start the conversation 22 zz Transportation Advisory Board—November 20t'',2019—Page 3 about crossing guards. Hook stated that sidewalk improvements possibly increase the use of the facilities and that this could be a motivator to start a crossing guard program. Member Hanick commented that she likes the crossing guard idea. She also brought up an idea about 3D paintings which look raised that are placed in the center of lanes to encourage traffic to slow down. Hanick stated that this is a cheaper approach that would have a calming aspect. Haas shared that these types of paintings would have to be a community effort. He commented that the paintings may get your attention but CDOT would prefer not to have these paintings on CDOT roads because there are no funds available for maintenance. The town must be aware of what they will occur. Haas warned that putting paintings on the street can be distracting leading to other issues. Slack questioned if Haas had ever seen these paintings used in the area he serves. Haas had not. Member Moulton suggested that the board move on to other items. Chair Morris shifted the conversation towards the 34 Hwy Corridor. She shared with Haas that the Transportation Advisory Board is interested in having a traffic study performed. Morris shared that there is concern about a jaywalking issue from the Visitor Center to the Stanley Shopping Center area to the north. Morris asked how open Haas and CDOT would be to helping perform such a study. Haas replied that it might be possible and suggested that the Transportation Advisory Board work with Director Muhonen who will communicate with CDOT about what the needs of the study will be. Haas suggested that perhaps the implementation of something such as a split rail fence could be used to steer pedestrian traffic towards the crosswalks. Member Hanick commented that it is only a matter of time until someone get hit in that area. Haas shared that CDOT can work with Director Muhonen on performing a traffic study. Muhonen confirmed that a study can be done. Member Slack requested that the traffic study be performed during the busy season. Haas shared that when someone dies on one of his roadways he is the first person to ask what could have been done to prevent the death. Chair Morris shifted the conversation to talk about special events and festivals in Estes Park. Morris asked Haas' about his view on blocking state highways for events. Haas replied that as long as Estes Park Police Department closes the road and a route is established to get around it there is no issue. Member Black asked about a lengthy event that takes place Saturday and Sunday. Member Slack suggested that traffic could be divert up 4th street to event center parking lot and visitors to the event could be shuttled in. Slack mentioned that Elk Fest was packed with cars on the shoulders of all roads and traffic to the National Park was backed up to Mall Street. Haas said that these are all options as long as the Estes Park Police Department executes the traffic plan. Member Hanick said that the expectation is that FLAP will help reduce these issues. Chair Morris stated that turning left out of the parking structure is starting to become an issue. She asked if the traffic signal timing could provide a break to allow those exiting to get out easily. Director Muhonen shared that the traffic study indicated that the parking structure intersection would need to be address in the coming years. Member Street commented that if it is already becoming an issue would it impede people from using the structure. Member Slack suggested that an occasional police officer directing traffic in that area would be a good option. Member Wilcocks shared that there is no signage which alerts drivers to the available interceptor lane. He suggested that the addition of these signs could alert drives that there is a safe option to turn left. Chair Morris transitioned the conversation to Scott Avenue. Haas stated that he did not understand the question about Scott Avenue. The question was asking about traffic calming at Scott Avenue and 7 Hwy. Muhonen stated that the area is currently viewed as rural and that perhaps it should now be considered urban which would warrant a speed reduction. Director Muhonen shared that there is a group lobbying on the language of speed warrants. Hass commented that people do not like speed and that if you set a speed at 35 you end up setting a false speed limit. Muhonen stated that it is human behavior that will keep people traveling at a faster speed. Haas said that what will need to happen is the ingress and the egress will need to be looked, a determination will need to be made if the area is residential and an accident history detailing the types of crashes will need to be considered. Haas stated that the Police Department would be well aware of this 23 23 Transportation Advisory Board—November 20t'',2019—Page 4 information. Member Slack asked if there is a sign which warns drivers of cross traffic. Haas replied that there is not a sign. Slack commented that this issue is something that will need to be watched over time. Haas commented that if Estes Park wants a change for the peak season it must be okay with it for the off season as well. Chair Morris asked what the steps would be to implement restrictions on large trucks and RVS traveling on Elkhorn Ave downtown. She suggested the implementation of a delivery time where trucks are allowed to drop off goods to the businesses. Morris questioned if this is something that CDOT would want to be involved in. Haas replied that this is something CDOT would absolutely be involved with and informed the board that a proposal would need to be submitted. He stated that once approved and sign installation is complete it would become and education and enforcement issue. He shared that a change such as this will require buy-in from the businesses who will need to be ensured that they will get their deliveries. Haas commented that FLAP will likely serve the needs of visitors driving an RV. Director Muhonen shared that signs for a specific route could be put up but most people will trust their phone's directions rather than the sign. Haas commented that most people use the sign to confirm what they are being told by their phone. Chair Morris thanked Haas for attending the meeting and answering the questions of the Transportation Advisory Board. Haas shared that he will be retiring at the end of January and that it has been a pleasure working with the town for the past 30 years. Member Slack asked a final question about the rutting on 36 Hwy and what the overlay plan is and Haas directed Slack to contact Ed Gentry who is responsible for overlay. Haas did share that he is aware of a 10 year paving plan. Haas said if there are any further questions to please field them through Director Muhonen. He enjoys working with the Estes Park community and expects that CDOT will happily continue to work with Estes Park. PROJECT UPDATES (V. Solesbee—Parkinq �Transit Manaqer) Parking Manager Solesbee shared that the Town Board passed paid parking for 2020. She thanked the Transportation Advisory Board for their input. Solesbee shared that the Town Board and Estes Park Community have high expectations. She is working on how to staff and budget. Solesbee shared that an RFP was written and distributed. She stated that she has spent a significant amount of time talking to programs about their experience. Solesbee assured the Transportation Advisory Board that she would keep them informed. She also shared that the goal is to hire local staff while working with a professional company to ensure that paid parking will be well executed. Solesbee stated that defining the permit program will be an important part of the process. Solesbee is open to the Transportation Advisory Board's involvement in the process. She stated that it will be important to have the involvement of business owners end employees to gather information about the need for parking permits and parking spaces. Defining the permit options will be very important for the downtown area. Taking care of our locals is a top priority. She shared that conversations are being had about what the implementation of pay by phone, pay by text, kiosks or ambassador staff would look like for the town. Solesbee want to be intentional about where people get directed to park and having increased advertising the shuttle. The performance metrics will be adapted for next year to ensure that paid parking is creating the type of change that we want to see. Solesbee will ask for the input of Transportation Advisory Board on this subject at a later meeting. Member Street asked if there is an issue with funding. Solesbee shared that she is working to set up the fund with the financial officer. Director Muhonen stated that he does not anticipate a funding issue going forward. The Town Board understands that a supplement to the budget will be brought to them. Solesbee commented that if a heavily mobile option is introduced it would be in the budgeted unlike a kiosk based program that would require a significant capital investment. Member Hanick commented that the parking garage signs which indicate the height of the ceiling do not match. Director Muhonen shared that the ground level spaces have and 8ft clearance and everything above that has a 7ft clearance. Transit 24 2a Transportation Advisory Board—November 20t'',2019—Page 5 Solesbee shared that transit will be directly connected to the implementation of seasonal paid parking and that it will be a challenge because there is not more money available next year. Solesbee is taking a data driven approach to route planning for next year and closely looking at which routes were performing and underperforming. Cellphone location data is being used to better understand where people are going. Solesbee is working to reintroduce the express route. She shared that grant compliance will require Estes Transit to provide on demand service within '/4 of a mile of each transit stop. Solesbee hopes to bring routes recommendations to get advised on to the December meeting and have the routes settled on by January. Overall there was a 6.8%decrease in ridership and ridership has been decreasing for the past six years. Black asked Solesbee for ridership numbers from 2016. Solesbee shared that there were approximately 101,000 riders in 2016.Member Hanick shared that one year the trolley ridership was down because the trolley engine was having issues. Member Black commented that there is an obvious downward trend. Solesbee said that she is unsure of why the downward trend exists. Member Finley questioned why people would sit in a shuttle in traffic rather than their own car. Member Crow shared that ridership in the National Park has increased. Member Slack suggested that the motels where the shuttle stops have increased advertisement. Member Crow suggested table topers. Member Street asked if the downtown ridership decreased. Solesbee stated that all routes saw a decrease and said that a non-scientific guess would be that increased traffic caused a decrease in ridership. Member Hanick commented that it would be important to have Visit Estes Park's help with advertisement. Solesbee shared that Visit Estes Park has been very responsive and helpful. Slack commented that parking and shuttle are dependent on one another. Proiect Updates (Public Works Director Grep Muhonen) Director Muhonen shared that there is a neighborhood meeting from 4:30 p.m.to 6:30 p.m.for the Third Street neighborhood regarding traffic calming. There are 6 conceptual designs being presented to the residents. He commented that the roadwork will begin in 2021. Member Slack questioned how this project came into the forefront. Muhonen stated that during the Fourth Street Project and large number of complaints and comments were made to the Town Board and Public Works Department concerning a need for traffic calming. Manager Hook shared that the utility work that is being done this winter and next spring will make this a prime time to look at making repairs to the road. Slack questioned if the neighborhood is still interested in change. Muhonen stated that the purpose of the neighborhood meeting is to gauge the interest of the residents. Director Muhonen shared that the Town of Estes Park did not receive the Build Grant which was intended for Phase II of the Loop Project. This raises questions about stormwater and drainage management. Member Slack asked if there is any hope of receiving the grant in the future. Muhonen stated that the plan is to have a post application discussion and go for the Build Grant next year. PROJECT UPDATES (D. Hook—Enqineerinq Manaqer) US 36&Communitv Drive Roundabout: Manager Hook shared that there is an environmental meeting with CDOT on November 21 St, 2019. The Brodie Avenue Project is going through final closing. Hook stated that the Wayfinding project is starting up again. He shared that the Steamer intersection traffic signal is being designed. Member Slack asked if it will be synchronized with the light at 34 Hwy. Hook confirmed. Hook shared that the Stanley Hotel is preparing to put in a film center. Elkhorn lodge is in the process of developing ideas and is under contract.The prospective new owner is working through the purchase process. US 34 and Macqreaor: Director Muhonen shared that the final design for the roundabout is being completed and will be put out for bid. It should be completed by May. OTHER BUSINESS 25 25 Transportation Advisory Board—November 20t'',2019—Page 6 With no other business to discuss, Chair Morris adjourned the meeting at 2:03 p.m. Recording Secretary Elias Wilson, Public Works Department 26 ss l�EC�RC] dF PRdCEEQINGS Town of Estes Park, Larimer County, Colorado, December 18th, 2019 Minutes of a regular meeting of the Transportation Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Room 202 of Town Hall on the 18�"day of December, 2019. Present: Belle Morris Gordon Slack Stan Black Tom Street Ron Wilcocks Scott Moulton Janice Crow Linda Hanick Also Present: Trustee Carlie Bangs, Town Board Liaison Vanessa Solesbee, Parking &Transit Manager David Hook, Engineering Manager Elias Wilson, Public Works Admin. Assistant Greg Muhonen, Public Work Director Jennifer Waters, Public Works Engineer Katrina Kloberdanz, CDOT James Usher, CDOT SHUTTLE COMMITTEE Tom Moore Julie Pieper Eric Lund Brooke Lloyd Absent: Ann Finley Chair Morris called the meeting to order at 12:05 p.m. PUBLIC COMMENT: No public comment. Chair Morris introduced the visiting Shuttle Committee members. Director Muhonen spoke to the importance of volunteers and thanked the Shuttle Committee and TAB for their input, hard work, effectiveness, and important impact on policy decisions. He shared his appreciation of the different member aspects that make up the TAB as this often leads to impactful change. Muhonen also expressed his gratitude for CDOT's support and recognized engineers James Usher and Katrina Kloberdanz for their contributions to the Estes Park community. Manager Solesbee thanked the TAB and Shuttle Committee for their hard work this year and emphasized her gratitude for their support in the implementation of the Downtown Parking Management Plan. Manager Hook thanked the TAB and Shuttle Committee for all of their work. Hook then introduced Jennifer Waters as the new Development Review Engineer and Flood Plain Manager for the Public Works Department. APPROVAL OF MINUTES: A motion was made and seconded (Slack/Black)to approve the November meeting minutes and all were in favor. 27 s� Transportation Advisory Board—December 18,2019—Page 2 US HWY 34&MACGREGOR AVE ROUNDABOUT This project was identified in a plan several years ago and will take place at the intersection of US Hwy 34 and Macgregor Ave. There exists a strong crash pattern that could be corrected with the installation of a roundabout. During the lifecycle cost analysis, a four-way stop, a traffic signal, and a roundabout were considered, with the roundabout being found to be the most appropriate for this situation. The goal is to improve safety for all modes of transportation in this area. A meeting regarding the project scope was held in September of 2018 and a public open house was held in December of 2018. Final design plans were completed a couple weeks ago and will be released tomorrow. There will be a speed reduction to 25 mph within the roundabout. Utilizing a full road closure cuts the length of the project from six to three months. CDOT's James Usher stated there are penalties if the project is not completed by Memorial Day and weekend work would only occur with an agreement from both CDOT and the Town. Director Muhonen stated that both CDOT and the Town of Estes Park will contribute to the project landscaping.The selected contractor will be responsible for submitting a formal detour plan and six message boards will be used to direct traffic. Member Moulton shared his concern about traveling on Big Horn Drive, stating Chapin may be a better option. He shared that Big Horn has been used but his concern is related to the blind corner. Muhonen stated that if all detour traffic is directed to Chapin there could be a potential traffic issue for those turning left whereas Big Horn provides a signal. CDOT welcomes input. Rapid Rectangular Flashing Beacons(RRFB)and a marked crosswalk will be available at the new roundabout. Muhonen stated that modifying the crossing movement will be assisted by a pedestrian island which doesn't currently exist. Chair Morris asked if there would be any other markings. CDOT stated white cross bars will be used but that no other colors could be used, however green paint could be put between the white lines. Member Hanick stated Bozeman, Montana is utilizing different colored lines. CDOT stated that not only have studies shown this is unsafe, but that FHWA does not allow this practice.There are experiments currently taking place with red paint being utilized for public transit. CDOT further shared that their experience with pedestrian compliance within roundabouts is good. Usher confirmed that once a contractor is selected, public involvement will be initiated. TOWN SITE DEVELOPMENT STANDARDS (Communitv Development Director Randv Hunt) Chair Morris asked Hunt if there are ways to influence policy requiring private owners install crosswalks as part of their development. Hunt stated there've been discussions related to translating/incorporating the Complete Streets Policy concepts into the Estes Valley Development Codes. Hunt stated that from reading the existing code language it appears to be from the 1980s and 1990s and is mainly focused on vehicle traffic rather than mass transit and other modes of transportation. HunYs goal is to bring into the picture the fiscal realities. A balance must be achieved with the costs of developing in the Estes Valley. Many of the multimodal methods are more cost effective for current residents. An update to the Comprehensive Plan is needed as it is almost 24 years old. The contemporary multimodal thoughts aren't incorporated. Hunt stated it would be ideal to have a valley-wide comprehensive plan which, as is typical practice, results in development code updates. The Complete Streets policy gives us what is needed to help with redevelopment projects. Section 7.12 of the development code is the Public Facilities section dealing with transportation. In the future Hunt would like to end up with a more thorough section. Hunt stated that he would gladly come back and discuss. There is a proposal to have a Transportation Master Plan (TMP) that Hunt would like to review. The key thing the TMP would do is identify priority areas. 28 ss Transportation Advisory Board—December 18,2019—Page 3 The Town is at the cusp of dealing with redevelopment of properties that are past maturity which require rehabilitation. There is no mention in the existing code requiring redevelopments incorporate newly implemented infrastructure requirements. Member Slack shared his concern about another discussion related to bicycles on the Town's Riverwalk and the knowledge of the property owner views in the area. Hunt stated that a multimodal corridor would be great but existing code doesn't make it easy to require. Manager Hook stated that bicycle facilities were incorporated at the river level during the Moraine Avenue Bridge project. Wilcocks said that we can't get to this type of work until the river flooding from Riverside Dr.to US Hwy 36 is corrected. He stated this work should be considered by the Town as critical to our transportation needs. Hunt stated the Downtown Plan has general guidelines dealing with this but has not yet been included in the code language. Wilcocks stated that it has been seven years since the flood and it continues to prevent many projects in the downtown area. Co-Chair Street shared that most cities have an issue with requiring more parking for developments. If more parking is being required than necessary it creates less space. Street asked if the parking standards will be reviewed. Hunt stated that the commercial and retail requirements are not applicable today. Hunt stated that the Town needs to have an integrated concept of how to get from the front door of a building to a certain location. Redesign of parking lots will be a piece of this as well. Muhonen stated that site development standards are private, and that street standards are what defines what needs to be done in the public right of way. Hunt said the ability of doing a private improvement that meets these needs are the goal. PROJECT UPDATES (Parkinq �Transit Manaqer Vanessa Solesbee) Seasonal Paid Parkinp An RFP was issued for a Parking Management Firm to implement paid parking. There was quick turnaround time for bid submissions. Five proposals were received and the top three firms, as identified by the selection committee, will be interviewed tomorrow. Solesbee is very pleased with the proposals and resumes received. 2020 Shuttle Proaram Update The Town has been working to complete the action items from CDOT. All is on track to receive the electric trolley in the next couple weeks. By 2021, the Town should be in possession of the second trolley. Solesbee shared that the charging station for the electric trolley will be located on Elm Road on existing Town property. Solesbee is working with the Power& Communications Division to determine the best times to charge the trolley. The Town will continue to pursue funding for a second charging station, stop signage, benches, reconfiguration of the Visitor Center parking lot, and access gates for the parking structure. Solesbee credited the Shuttle Committee for their work in helping to determine 2020 routes.Visit Estes Park(VEP) has been helpful in identifying where people are going within Estes Park. Solesbee wants to ensure fiscal responsibility in shuttle operations. Member Wilcocks stated that an HOA is requesting information on what a parking spot is worth. Muhonen said $30,000 is the one-time cost to build a parking spot in a lot. Wilcocks shared that there are HOAs who would like the Town to buy their parking lots (i.e. Kind Coffee, etc.)and asked about permitting. Solesbee said that when a Parking Management Firm is brought on board, decisions will begin to be made. PROJECT UPDATES (Public Works Director Grea Muhonen) The Technical Advisory Committee (TAC)will present the Downtown Estes Loop updates at the January 14, 2020 study session. Muhonen shared with the group that he went through his files and found a TAB job description. He spoke with the Town Clerk's office and they felt it would be very 29 2s Transportation Advisory Board-December 18,2019-Page 4 beneficial. The document has been sent to Chair Morris and TAB discussion will occur at the regularly scheduled January meeting. PROJECT UPDATES (Enqineerinq Manaaer David Hook) Manager Hook stated that the US Hwy 34&Steamer Drive signal is still in the design phase. The Wildfire development project has the construction plans submitted and roadway improvements are part of the development. Two grants have been awarded for the Fall River Trail project. Construction is anticipated to begin in 2020 from east of Fish Hatchery Road to Rocky Mountain National Park (RMNP). An RFP will be issued in January with a construction timeframe yet to be determined. The Downtown Wayfinding is being resurrected and will be focused on making paid parking successful. An RFP will soon be published to finish the plan that was started. Construction plans will be developed to utilize the allocated funding. The next version of the plan will be brought to the TAB in January or February. Member Slack asked about the upcoming development project on CO Hwy 7. Hook stated the land use approval is done but construction plans have not been received. Director Hunt shared that the developer does one project at a time and, hopefully, construction plans will come in soon. OTHER BUSINESS With no other business to discuss, Chair Morris adjourned the meeting at 1:48 p.m. Recording Secretary Elias Wilson, Public Works Department 30 30 I PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 1. ORDINANCE 01-20 AMENDING CHAPTER 2.04 OF THE ESTES PARK MUNICIPAL CODE CONCERNING MUNICIPAL ELECTIONS. At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the application. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing open. 2. STAFF REPORT. Review the staff report. 3. PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the Ordinance. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the Ordinance which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the Ordinance. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 31 31 7. SUGGESTED MOTION. Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. 32 32 i T��N o� ESTES PARr Memo ' To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: February 11, 2020 RE: Ordinance 01-20 Amending Chapter 2.04 of Estes Park Municipal Code Concerning Municipal Elections, continued from January 28, 2020 � PUBLIC HEARING � ORDINANCE ❑ LAND USE ❑ CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER QUASI-JUDICIAL ❑ YES � NO Obiective: The item was continued from January 28, 2020 to include the red-line version as called out in the ordinance. Review, and if appropriate, adopt Ordinance No. 01-20 which amends Chapter 2.04 Board of Trustees, specifically Municipal Code Section 2.04.20 Write-in candidate affidavit and Section 2.04.030 Cancellation of elections. Present Situation: The Colorado Revised Statutes have been updated throughout the years to allow mail ballot elections as well as poll elections. In order to facilitate a mail ballot election, the timeline/deadlines have been updated for nomination petitions, write-in candidates, UOCAVA mailings, cancellation of elections, etc. In reviewing the Town's Municipal Code, it was discovered the Town originally adopted statute specific code language for write-in candidates and cancellations of elections. These references have not been updated to reflect the new deadlines outlined in the Colorado Revised Statutes 31-10-507, 31-10-306, and 31-10-912. Proposal: To adopt the proposed Ordinance to align the Town's Municipal Code with the Colorado Revised Statutes for write-in candidates and cancellation of elections. Section 2.04.020 would be updated to reflect a write-in candidate must file an application no later than sixty-four (64) days before the day of the election. Section 2.04.030 would be updated to state an election can be cancelled on the sixty-fourth (64) day if there are not more candidates than offices. Staff is recommending additional language for Section 2.04.030 to provide the Board a formal process for cancelling a referred measure. The impetus for the change was the 33 33 initial lack of candidate petitions submitted to the Clerk's office before the packet material was finalized for the January 28, 2020 meeting, and the Resolution to set a referred measure for the sale of the fire station to the Fire District on the April 7, 2020 ballot. Advantaaes: • To align the Town's Municipal Code with the Colorado Revised Statute for write-in candidates and cancellation of an election. Disadvantaaes: • None. Action Recommended: Adoption of Ordinance 01-20 as presented. Budqet: None. Level of Public Interest: Low. Sample Motion: I move to adopt/not adopt Ordinance 01-20. Attachments: Ordinance 01-20 34 34 ORDINANCE NO. 01-20 AN ORDINANCE AMENDING CHAPTER 2.04 OF THE ESTES PARK MUNICIPAL CODE CONCERNING MUNICIPAL ELECTIONS WHEREAS, the Town of Estes Park ("Town") is a statutory municipality having all powers conferred by Article XX of the Colorado Constitution and the Colorado Revised Statues; and WHEREAS, the Town Board of Trustees has determined that it is necessary to amend Chapter 2.04 of the Municipal Code of the Town of Estes Park to align with Colorado Revised Statues sections 31-10-507 (Election may be cancelled— when), 31- 10-306 (Write-in candidate affidavit), and 31-10-912 (Write-in candidate affidavit in mail ballot elections). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. In this ordinance, ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. 2. Section 2.04.020 of the Estes Park Municipal Code shall be amended by adding underlined material and deleting stricken material, to read as follows: 2.04.020 - Write-in candidate affidavit. In any special or regular election of any member to the Board of Trustees, no write-in vote for any person shall be counted unless an affidavit of intent has I been filed with the Town Clerk �� ���c+ +,�,o„+„ ��n� ,��"� r�rinr +„ +ho ,��+o �fnot later than sixtv-four (64) days before the dav of the election, by the person whose name is written in, indicating that such person desires the office and is qualified to assume the duties of that office, if elected. 3. Section 2.04.030 of the Estes Park Municipal Code shall be amended by adding underlined material and deleting stricken material, to read as follows: 2.04.030 - Cancellation of elections. In any special or regular election for a member or members to the Board of Trustees, if the only matter before the voters is the election of persons to office � and if, at the close of business on the n�n�+�sixtv-fourth (64) day before the election there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the Town Clerk, if instructed by resolution of the Board of Trustees, shall cancel the election and � the candidates shall be deemed elected. Furthermore, prior to an election the 35 35 I Board mav bv resolution provide for the cancellation of the referral of a referred measure, as described in section 31-11-111(2), C.R.S., to the electorate. 4. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2020 and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 2020. Town Clerk APPROVED AS TO FORM: Town Attorney 36 36 i T��N o� ESTES PARr Memo � To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: February 11, 2020 RE: 2020 Contract with Host Compliance for Vacation Home Services ❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE � CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER QUASI-JUDICIAL ❑ YES � NO �bIP.CtIVP.: Continue an annual contractual agreement with Host Compliance, LLC to provide services in connection with administration and enforcement of vacation home regulations within the Town of Estes Park. Present Situation: The Town has contracted with Host Compliance, LLC since January 1, 2017 to provide vacation home compliance and enforcement through address identification, trend monitoring and 24/7 hotline. Larimer County has shared in the cost of the contract 50/50 for the past three years. In 2019, the cost of the joint contract was $30,000. In 2020, the County has elected to establish a separate contract with Host Compliance to monitor vacation homes in the unincorporated area of the Estes valley. The County has notified the Town Clerk's office they will begin registering and monitoring vacation homes located within the unincorporated Larimer County as of April 1, 2020. In May 2018, the cap of 588 VHs in residential zoning districts was met. There are approximately 60 applications, both Town and County properties, on a waitlist. It is extremely important the Town continues to monitor the vacation home rentals to ensure only those properly registered are operating. Host Compliance identifies those non- compliant vacation homes which would otherwise be left undetected. The County staff stated they plan to recommend to the Larimer County Commissioners the cap of 588 residential vacation homes would remain in place with the cap being divided by the number of Town and County registered vacation homes currently in place as of April 1, 2020. This issue will be discussed by the Town Board at the February 11, 2020 meeting during the consideration of an Ordinance to establish the Estes Valley Development Code as the Estes Park Development Code. 37 37 Pro�osal: The amended contract for 2020 would include properties/vacation home listings within the town limits only at a cost of$34,000 for services January 1, 2020 through December 31, 2020. The increase in cost is due to the increase in vacation rentals and the number of listings. In 2017, the Town averaged 750 listing and in 2019 the listings have grown to over 1500. Each listing is monitored by Host Compliance and maintained in a database for use by the Town and code enforcement. This correlates to an increase in the number of rental units as well with approximately 550 units in 2017 and over 800 in 2019. The number of units include both residential and commercial units. Advantages: • Provides a continuous and efficient way to monitor vacation home operations. • Provide citizens the ability to report concerns or obtain information with a central point of contact available 24/7. Disadvantaaes: • Cost of the service. Action Rpc�mmended: Staff recommends approval of the contract as drafted. Finance/Resource Imnact: $34,000.00 for 2020 contract. Level of Public Interest Low. Samale Motion: I move that the Town Board of Trustees approve/deny the Host Compliance Services Agreement for 2020. �achments: • Host Compliance Contract 38 38 Third Amendment to the Host Compliance Services Agreement Between Host Compliance LLC and Town of Estes Park THIS THIRD AMENDMENT is entered effective as of the 1 St day of January 2020 between HOST COMPLIANCE, LLC a Delaware Limited Liability Company, authorized to do business in the State of Colorado, hereinafter"HOST COMPLIANCE" or"CONSULTANT" and TOWN OF ESTES PARK, a Colorado municipal corporation, hereinafter"TOWN". WHEREAS, the contract between HOST COMPLIANCE and the TOWN was entered into January 1, 2017; and WHEREAS, the contract between HOST COMPLIANCE and the TOWN was amended on December 7th, 2018 and on December 3r`� 2018: WHEREAS, HOST COMPLIANCE agrees to license to the TOWN certain hosted software and provide all other services necessary for the TOWN's productive use of such software; and. NOW THEREFORE, the parties hereto, for valuable consideration and the mutual promises between the parties, hereby amend its agreement as follows: 1. The Town and Host Compliance hereby agree to renew the Agreement for a renewal term of one (1) year commencing on January lst, 2020 for the services as described in Schedule 1. 2. The existing Schedule 1 to the Agreement is hereby supplemented with the attached Schedule 1 for the renewal term from January 1, 2020 to December 31, 2020. 3. This Amendment is subj ect to the fiscal provisions of The Town of Estes Park Municipal Code, and this Amendment will terminate without any penalty(a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or(b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Amendment are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Amendment. 4. All other terms and conditions of the January 1, 2017 agreement, as amended. between the parties, shall remain in full force and effect. 39 39 IN WITNESS WHEREOF Host Compliance and the Customer have executed this Amendment as of the Effective Date. TOWN Town of Estes Park by its authorized signatory: Todd Jirsa Mayor Date: APPROVED AS TO FORM: Town Attorney Billing Contact: Deb Holgorsen Billing Email: dholgorsen@estes.org Billing Direct Phone: (970) 577-3566 CONSULTANT Host Compliance LLC by its authorized signatory: Name: Title: Date: Account Executive: Helene Gaglioti Account Executive Email: Helene.gaglioti@hostcompliance.com Account Executive Phone: 415-529-6291 40 40 Schedule 1 for the renewal term from January 1, 2020 to December 31, 2020 Scope of Services: Trend Monitoring Monthly email-delivered report and live web-delivered dashboard with aggregate statistics on the short-term rental activity in the Estes Park town limits ("jurisdiction"): • Active monitoring of jurisdiction's short-term rental listings across 25+ STR websites • Monthly analysis of jurisdiction's STR activity scale, scope and trends Address Identification Monthly email-delivered report and live web-delivered dashboard with complete address information and screenshots of all identifiable STRs in the jurisdiction: � Up-to-date list of jurisdictions' active STR listings � High resolution screenshots of all active listings (captured weekly) � Full address and contact information for all identifiable STRs in jurisdiction • All available listing and contact information for non-identifiable STRs in jurisdiction Compliance Monitoring Ongoing monitoring of the short-term rentals operating in Town of Estes Park's jurisdiction for zoning and permit compliance coupled with systematic outreach to non-compliant short-term rental property owners (using Town of Estes Park's form letters) • Ongoing monitoring of STRs for zoning and permit compliance • Pro-active and systematic outreach to unpermitted and/or illegal short-term rental operators (using jurisdiction's form letters) • Monthly staff report on jurisdiction's zoning and permit compliance: • Up-to-date list of STRs operating illegally or without the proper permits • Full case history for non-compliant listings 7/24 Short-term Rental Hotline 24/7 staffed telephone and online hotline for neighbors to report non-emergency problems related to STR properties: • Incidents can be reported by phone or online • Full documentation of all reported incidents • Digital recordings and written transcripts of all calls • Ability for neighbors to include photos, video footage and sound recordings to document complaints • Real-time outreach to owners of problem properties (whenever owner's contact info is known) • Weekly staff reports containing: o The# and types of reported incidents o List of properties for which incidents have been reported • Custom reports and analysis of hotline related activities Total Annual5ubscription Service Price $34,000 41 41 v v H05T COMPLIANCE ..,,:.:..�.. GRANICLIS �f�rr�{�� �r���#" � .. f'r•, � ¢ �'1"i� 'f� � , a� - � + � � ��� ' � I . � .' , k _ . . �x r -1 �, � f � 1 .�.�f � �_ rFl��f�� � ��� ' �� I . � � � r+ •+T�r �� � �� r, �, �+�e� �� � ��' ; �� _ -. �{' •� �— ... _ � .rrt �� � . rX� y�l� �. ��' � � � � ��!��.. �rt�� � ' '� �� � 'l< _�' .��r• — -=' �. ���- � ��'=��' � �' .�. � Cost-effective solutions to Town of Estes Park's short-term rental monitoring and compliance problems December 2019 Listings Listing growth 2017-20:L9 2019 2018 ' 2017 0 500 1000 1500 2000 2500 ■Town of Estes Park ■Estes Valley Dev Area '''!� 2 42 HQST CO�Pi.IANCF Re nta I U n its Rental Unit growth 201, -2019 2019 2018 . 2017 0 200 400 600 800 1000 1200 1400 ■Town of Estes Park ■Estes Valley Dev Area _`-'I� 3 HQST CO�PL IANCF Services Reminder �„�,�� Mobile Enabled Permitting and Registration: Mobile/web forms and back-end systems for streamlining Estes Park's permitting and � registration processes and capturing payments, signatures and required documents �- Address Identification: Online dashboard with complete address ��'��;�x�, information and screenshots of all identifiable STRs in Estes Park's :'�'��'-��:- jurisdiction �' .� Compliance Monitoring: Ongoing monitoring of STRs for zoning and ��� permit compliance coupled with systematic outreach to illegal short-term ��� � rental operators (using Estes Park's form letters) � Rental Activity Monitoring and Tax Collection Support: Ongoing monitoring ��-��"�'� of Estes Park's STR listings for signs of rental activity. Enables data-informed •= '"� tax compliance monitoring and other enforcement practices that require knowledge of STR activity level � Dedicated Hotline: 24/7 staffed telephone hotline for neighbors to report non-emergency STR problems '''I� 4 43 HQST CO�Pi.IANCF Renewal Pricing for 2019 for Estes Park We have identified on average within the past 12 months 1,338 listings and 746 unique short-term rental units within Estes Park. Multi-year renewals available. Lock in pricing and receive future discounts. Renewal of Services: � . rrl: Address Identification $30,105/yr �, r '� �iG��... ,�,.�`�*J Compliance Monitoring $8,393/yr � 24/7 Dedicated Hotline $6,714/yr Total: �^�,�� Additional Services Available: Discounted total: $34,000/yr � „ � ' Mobile Registration $5,968/yr � 4"' Rental Activity Monitoring $11,190/yr . � �� � Prices based in USD. ' S HQST CO�PL IANCF Contact info Please feel free to contact us anytime if you have any questions! Ulrik Binzer Paul Hetherington binzer@hostcompliance.com paulh@hostcompliance.com 857.928.0955 604.763.7285 www.hostcompliance.com '''!� 6 44 HQST CO�Pi.IANCF L€stmgs:983 Listings 2093 Rental U�iits 713 � Rental Units: t,198 �-� I Estes Valley � Developmental area Estes Val[ey De�elopmentai area _S:n7= � ��s � Towr� of Esfes Park ir�cl. Tr�wn of Rzi;tal Uaits:748 Estes Park �. 2D19 2018 � � � HQST CO�PL IANCF 45 �� ` �� ♦ O �` �� � � � a �� � � � � 42 46 I PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 3. ORDINANCE 02-20 AUTHORIZING ISSUANCE OF A USDA WATER REVENUE BOND. At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the application. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing open. 2. STAFF REPORT. Review the staff report. 3. PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the Ordinance. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the Ordinance which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the Ordinance. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 43 47 7. SUGGESTED MOTION. Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. 44 48 i T��N o� ESTES PARr Memo � To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director Date: February 11, 2019 RE: Ordinance 02-20 Authorizing Issuance of a USDA Water Revenue Bond (Mark all that apply) ❑ PUBLIC HEARING � ORDINANCE ❑ LAND USE ❑ CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER QUASI-JUDICIAL ❑ YES � NO Obiective: Adopt a Water Enterprise Fund Revenue Bond ordinance authorizing issuance of bonds to USDA to finance improvements to the former Park Entrance Mutual Pipeline and Water Company (PEMPWCO) water distribution infrastructure. Present Situation: In 2016, the Town accepted a letter of conditions and bond commitment from USDA to help finance the upgrade and repairs to PEMPWCO's water distribution system in order for the Town to take over operations and maintenance of it. In May 2018, the Town adopted resolution 08-18 accepting various bond provisions and assertions. This project has now been completed and the Town is ready to close on the bond. The bond amount is $658,000 at an annual interest rate of 2.25% amortized over a 40 year term with monthly payments of approximately $2,086. The bond will be repaid by a special user charge to be added to the monthly utility bills of the 18 former customers of the PEMPWCO water distribution system. Use of this USDA bond financing and a matching USDA grant will help minimize any impact to other existing customers of the Town's Water Enterprise Fund. Proposal: Adoption of this bond ordinance will allow the Town to close on the USDA bond in mid- March and get reimbursed for the construction costs incurred to complete the project. Upon bond closing, the impacted customers will have the opportunity to pay off their pro-rata share of the bond estimated at $36,556, thereby avoiding the future interest expense. If not paid off within the first month, a special user charge estimated at $116 will be added to their monthly bills until the loan is paid off in approximately 40 years. 45 49 USDA has not been clear on how any prepayments will work so these are the two payment options we came up with at the outset. These amounts will be finalized upon final closing on the bond and receipt of the final amortization schedule expected in mid- March. Advantaaes: The Town has already incurred the construction costs and this bond will just allow the Water Enterprise to reimburse itself from the bond proceeds. This also allows the Town to assist these 18 customers as PEMPWCO ceases operations without significantly impacting other customers of the Water Enterprise. Disadvantaaes: This issuance imposes debt service obligations on the Water Enterprise Fund for the next 40 years. Action Recommended: Adopt the proposed bond ordinance authorizing the issuance of the bonds and delegate authority for document execution at the time of bond closing to the Mayor, Town Administrator and Finance Director. Finance/Resource Impact: Reimburse the project construction costs and bond issuance costs in the amount of the bond proceeds of$658,000. Level of Public Interest Completion of this project and bond financing is strongly desired by the former customers of PEMPWCO. Sample Motion: I move for the approval/denial of Ordinance 02-20 authorizing the issuance of $658,000 in Water Enterprise Fund revenue bonds for the purpose of financing the PEMPWCO water distribution system improvements. Attachments: Attachment A: USDA Bond Ordinance 02-20 Attachment B: Draft Bond Amortization Schedule Attachment C: Resolution 08-18 Attachment D: USDA Letter of Conditions dated 8-11-2016 Attachment E: USDA Amendment to Letter of Conditions dated 10-13-2016 46 50 TOWN OF ESTES PARK, COLORADO ACTING BY AND THROUGH ITS WATER ENTERPRISE ORDINANCE NO. 02-20 AN ORDINANCE OF THE TOWN OF ESTES PARK, COLORADO, ACTING BY AND THROUGH ITS WATER ENTERPRISE, AUTHORIZING THE ISSUANCE OF A WATER REVENUE BOND TO EVIDENCE A LOAN FROM THE RURAL UTILITIES SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT TO REIMBURSE THE TOWN FOR A PORTION OF THE COST OF CONSTRUCTING A FUNCTIONAL REPLACEMENT OF THE DRINKING WATER DISTRIBUTION SYSTEM SERVING THE PARK ENTRANCE ESTATES NEIGHBORHOOD; PROVIDING THE FORM AND OTHER DETAILS IN CONNECTION WITH THE BOND; PROVIDING FOR THE PAYMENT OF THE BOND FROM A CAPITAL COST FEE TO BE PAID MONTHLY IN ADDITION TO THE TOWN'S WATER SERVICE RATES BY THE OWNERS OF THE PROPERTIES 1N THE PARK ENTRANCE ESTATES NEIGHBORHOOD; AND MAKING CERTAIN COVENANTS AND APPROVING CERTAIN DOCUMENTS RELATING TO THE LOAN. WHEREAS, the Town of Estes Park, Colorado (the "Town"), is a statutory town and political subdivision duly organized and existing pursuant to the laws of the State of Colorado (the "State"): and WHEREAS, the Board of Trustees (the `Board") of the Town has formally established a Water Enterprise (the "Enterprise")pursuant to Ordinance No.08-99; and WHEREAS, the Town, acting by and through the Enterprise operates and maintains a municipal water system within the Town and surrounding areas for the distribution of treated water; and WHEREAS, such municipal water system has been and continues to be operated by the Enterprise as a government-owned business, which is authorized to issue its own revenue bonds and receives under 10% of annual revenue in grants from all Colorado state and local governments combined, and it is hereby determined that the Enterprise is an enterprise within the meaning of Article X, Section 20 of the Colorado Constitution; and WHEREAS, the Town, acting by and through the Enterprise, for years provided treated water to the Park Entrance Mutual Pipeline and Water Company (PEMPWCO) as a bulk water customer, and PEMPWCO distributed such water through its own distribution system to property owners in the Park Entrance Estates neighborhood; and WHEREAS, PEMPWCO's system needed replacing in order to provide improved water quality, pressure and fire flow volume, and to meet Town standards and requirements for water distribution systems; and 4829-4357-3337.4 47 51 WHEREAS, pursuant to Section 31-35-402, Colorado Revised Statutes, the Town has the power to operate and maintain water facilities for use within and without the boundaries of the Town, and to accept loans or grants or both from the United States for the construction of necessary water facilities; and WHEREAS, the Town has applied for and received approval of a loan and grant to be administered by the Rural Utilities Service (RUS) of the United States Department of Agriculture Rural Development(collectively, "USDA"), for the construction by the Town, acting by and through the Enterprise, of a functional replacement of PEMPWCO's aging drinking water distribution system (the "Project"); and WHEREAS, the Town and PEMPWCO entered into a Water System Transfer Agreement dated February 20, 2018, for the transfer of PEMPWCO's system to the Town and the construction of the Project by the Town; and WHEREAS, the Town has constructed and completed the Project and the Town, acting by and through the Enterprise, now seeks to authorize the issuance of a Water Revenue Bond (the `Bond") to USDA in order to obtain the loan from USDA and to use the proceeds of such Bond and the loan to reimburse the Town for a portion of the cost of the Project; and WHEREAS, none of the members of the Board have any potential conflicting interests in connection with the authorization, issuance, or delivery of the Bond, or the use of the proceeds thereof; and WHEREAS, the Board, acting as the governing body of the Enterprise, desires to authorize the issuance and sale of the Bond and, as provided in Title 11, Article 57, Part 2, C.R.S., delegate to the Town Administrator or the Finance Director of the Town the authority to determine certain provisions of the Bond to be set forth in the final executed Bond, in accordance with the provisions of this Bond Ordinance; BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, ACTING AS THE GOVERNING BODY OF ITS WATER ENTERPRISE: Section 1. Definitions. The following terms shall have the following meanings as used in this Ordinance: "Authorized Denomination" means the outstanding principal amount of the Bond. `Bank" means a national banking association duly organized and existing under the laws of the United States of America, being a member of the Federal Deposit Insurance Corporation, and duly qualified and acting under the Public Deposit Protection Act of the State. `Board"means the Board of Trustees of the Town. `Bond" means the Water Revenue Bond, Series 2020, dated as of the Dated Date and authorized hereby. 2 4829-4357-3337.4 48 52 `Bond Account" means the Bond Account created in the section hereof titled `Bond AccounY' for the purpose of paying the principal of and interest on the Bond. `Bond Counsel" means (a) as of the date of issuance of the Bond, Kutak Rock LLP, and (b) as of any other date, Kutak Rock LLP or such other attorneys selected by the Town with nationally recognized expertise in the issuance of municipal bonds. "Bond Ordinance" means this ordinance which authorizes the issuance of the Bond, including any amendments properly made hereto. "Business Day" means any day other than (a) a Saturday or Sunday or (b) a day on which banking institutions in the State are authorized or obligated by law or executive order to be closed for business. "Certifzed Public Accountant" means an independent certified public accountant within the meaning of§ 12-2-115, C.R.S. and any amendment thereto, licensed to practice in the State. "C.R.S." means the Colorado Revised Statutes, as amended and supplemented as of the date hereof. "Dated Date" means the original dated date for the Bond as determined in the Bond Details Certificate and set forth in the executed Bond. "Enabling Law"means this Bond Ordinance; Title 31, Article 35, Part 4, C.R.S.; Title 11, Article 57, Part 2, C.R.S.; and all other laws of the State enabling the issuance of the Bond. "Event of Default" means any of the events specified in the section hereof titled "Events of Default." "Holder" means USDA as of the Dated Date, and thereafter, following a transfer and exchange of the Bond, if any, the Person in whose name the Bond is registered on the registration books maintained by the Paying Agent. "Interest Rate" means the rate of 2.25% per annum, unless a different rate is established in the Bond Details Certificate, as set forth in the executed Bond. "Maturity Date" means the date for the final payment of the Bond, as determined in the Bond Details Certificate and set forth in the executed Bond, which shall be no later than forty years following the Dated Date. "Parity Obligations" means any bonds, Bonds or other obligations (which may or may not be multiple fiscal year financial obligations) with a lien on the Pledged Revenues that is equal and on a parity with the lien of the Bond on the Pledged Revenues. "Park Entrance Estates Neighborhood" means the Park Entrance Estates Addition to the Town of Estes Park, Colorado. "Paying Agent" means the Town Treasurer. 3 4829-4357-3337.4 49 53 "Payment Date" means monthly dates determined in the Bond Details Certificate and set forth in the executed Bond for payment of the principal of and interest on the Bond. "Permitted Investments" means any lawful investment permitted for the investment of funds of the Town by the laws of the State, subject to any restrictions or limitations established from time to time by USDA or other applicable federal regulations. "Pe�son" means a corporation, firm, other body corporate, agency, partnership, association or individual and also includes an executor, administrator, trustee, receiver or other representative appointed according to law. "Pledged Revenues" means a capital cost fee to be paid monthly per lot by the users of the System in the Park Entrance Estates Neighborhood. "Project" means the design, engineering and construction of a functional replacement of the aging drinking water system in the Park Entrance Estates Neighborhood and any other purpose for which proceeds of the Bond and other legally available moneys of the Town may be expended under the Enabling Law for replacement of such drinking water system. "Public Deposit Protection Act"means Title 11, Article 10.5, Part 1, C.R.S. "Record Date" means the fifteenth day of the calendar month next preceding each Payment Date. "Requi�ed Reserve" means, with respect to the Bond, an amount equal to at least the annual loan installment ($25,032.00 unless a different amount is established in the Bond Details Certificate). "Reserve Account" means a special account established by the provisions hereof for the purpose of paying, if necessary, the principal of and interest on the Bond or for expenses as authorized by USDA. "State"means the State of Colorado. "System" means the water distribution system, including all rights of way and easements, acquired by the Town and located in the Park Entrance Estates Neighborhood, including, without limitation, the Project. "IISDA" means the United States Department of Agriculture. "ZISDA Loan Resolution" means the RUS Bulletin 1780-27 (Loan Resolution — Public Bodies) also adopted by the Board in conjunction with the issuance of the Bond. Section 2. Authorization and Purpose of the Bond. Pursuant to and in accordance with the Enabling Law, the Town, acting by and through the Enterprise, hereby authorizes, approves and orders that, as evidence of a loan from the USDA, there shall be issued by the Town, acting by and through the Enterprise, the "Water Revenue Bond, Series 2020" for the 4 4829-4357-3337.4 50 54 purpose of reimbursing the Town for all or a portion of the costs of the Project. The Maturity Date is not expected to exceed the useful life of the Project. Section 3. Bond Details. (a) Registered Form, Denominations, Dated Date and Numbering. The Bond shall be issued as a single, fully registered Bond, which shall be dated as of the Dated Date and registered in the name of the USDA, or if later transferred pursuant to the Section hereof entitled "Registration, Transfer and Exchange of the Bond," in the name of the Person identified in the registration books of the Town maintained by the Paying Agent. The Bond shall be issued in the Authorized Denomination. The Bond shall be in substantially the form set forth in Appendix A hereto with such changes thereto, not inconsistent herewith, as may be necessary or desirable and approved by the Town officials executing the same (whose manual signatures thereon shall constitute conclusive evidence of such approval). The Bond shall be numbered R-1, and if transferred thereafter numbered consecutively beginning with the number"2." (b) Maturity Date, Principal Amount and Interest Rate. The Bond shall be issued in the principal amount of$658,000 and shall mature on the Maturity Date. The Bond shall bear interest at the Interest Rate (calculated based on an actual/365-day year) from the later of the Dated Date or the latest Payment Date to which interest has been paid in full and shall be payable on each Payment Date. The Board hereby delegates to the Town Administrator or the Finance Director of the Town the authority to determine (i) the Dated Date, (ii) the amount of principal of the Bond subject to payment and redemption in any particular month and year, (iii) the Interest Rate, (iv) the Payment Dates, (v) the amount of the Required Reserve and (vi) any other matters that, in the judgment of the Town Administrator or the Finance Director of the Town, are necessary or convenient to be determined and set forth in the executed Bond, and are not inconsistent with the parameters established pursuant to this Bond Ordinance. (c) Accrual and Dates of Payment of Interest. Interest on the Bond shall accrue at the Interest Rate from the later of the Dated Date or the latest Payment Date (ar in the case of defaulted interest, the latest date) to which interest has been paid in full and shall be payable on each Payment Date. (d) Manner and Form of Payment. The principal of the Bond shall be payable in lawful money of the United States of America to the Holder on the Maturity Date or upon prior redemption in whole or in part. The interest on and principal of the Bond is payable to the Holder at its address as it appears on the registration books maintained by or on behalf of the Town by the Paying Agent. Interest and principal payments shall be paid by check or draft of the Paying Agent mailed on or before each Payment Date to the Holder. The Paying Agent may make payments of interest and principal by alternative means, such as by wire transfer, as may be mutually agreed to between the Holder of the Bond and the Paying Agent. Without limiting the foregoing, the appropriate Town officer ar official shall complete and deliver to USDA form RD-3550-28 (or any similar replacement form to the 5 4829-4357-3337.4 51 55 "Authorization Agreement for Preauthorized Payments") to allow for principal and interest payments to be electronically debited from the Bond Account to USDA on the dates that payments are due. All payments of the principal of and interest on the Bond shall be made in lawful money of the United States of America. Within thirty days following the date of the final payment of the Bond, in full, the Holder of the Bond shall present the Bond to the Paying Agent, at the office of the Paying Agent at 170 MacGregor Ave, Estes Park, Colorado 80517, or at such other address as provided in writing by the Paying Agent to the Holder. Section 4. Form of Bond. The Bond shall be in substantially the form set forth in Appendix A hereto with such changes thereto, not inconsistent herewith, as may be necessary or desirable and approved by the officials of the Town, acting by and through the Enterprise, executing the same (whose manual signatures thereon shall constitute conclusive evidence of such approval). Although attached as an appendix for the convenience of the reader, Appendix A is an integral part of this Bond Ordinance and is incorporated herein as if set forth in full in the body of this Bond Ordinance. Section 5. Execution,Authentication and Delivery of the Bond. (a) Execution. The Bond shall be executed in the name and on behalf of the Town, acting by and through the Enterprise, with the manual signature of the Mayor, shall bear a manual or facsimile of the seal of the Town and shall be attested by the manual signature of the Town Clerk, both of whom are hereby authorized and directed to prepare and execute the Bond in accordance with the requirements hereo£ Should any of�cer whose manual signature appears on the Bond cease to be such officer before delivery of any Bond, such manual signature shall nevertheless be valid and sufficient for all purposes. (b) Authentication. When the Bond has been duly executed, the officers of the Town, acting by and through the Enterprise, are authorized to, and shall, deliver the Bond to the Paying Agent for authentication. No Bond shall be secured by or entitled to the benefit of this Bond Ordinance, or shall be valid or obligatory for any purpose, unless the certificate of authentication of the Paying Agent has been manually executed by an authorized signatory of the Paying Agent. The executed certificate of authentication of the Paying Agent upon any Bond shall be conclusive evidence, and the only competent evidence, that such Bond has been properly authenticated hereunder. (c) Delivery. Upon the authentication of the Bond, receipt of the principal amount of the Bond (ar confirmation of the availability of loan proceeds in said amount) from the USDA and issuance of the approving opinion of Bond Counsel, the Paying Agent shall be directed to release the Bond and deliver the same to the USDA in accordance with the directions of the USDA. Section 6. Registration, Transfer and Exchange of the Bond. (a) Registration. The Paying Agent shall maintain a registration book in which the ownership, transfer and exchange of the Bond shall be recorded. The Person in 6 4829-4357-3337.4 52 56 whose name the Bond shall be registered on the registration book shall be deemed to be the absolute owner thereof for all purposes. (b) Transfer and Exchange of the Bond. The Bond may be transferred at the principal office of the Paying Agent or at such other location designated by the Paying Agent for such purpose, for an Authorized Denomination of the same Maturity Date and interest rate. Upon surrender for transfer of the Bond, duly endorsed for transfer or accompanied by an assignment duly executed by the Holder or his or her attorney duly authorized in writing, the Town, acting by and through the Enterprise, shall execute and the Paying Agent shall authenticate and deliver in the name of the transferee a new Bond. Section 7. Replacement of Lost, Destroyed or Stolen Bond. If the Bond shall become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and tenor of the lost, destroyed, stolen or taken Bond and the Town, acting by and through the Enterprise, shall execute and the Paying Agent shall authenticate and deliver a replacement Bond upon the Holder furnishing, to the satisfaction of the Paying Agent: (a)proof of ownership (which shall be shown by the registration books of the Paying Agent), (b)proof of loss, destruction or theft, (c) an indemnity to the Town with respect to the Bond lost, destroyed or taken, and (d) payment of the cost of preparing and executing the new Bond. Section 8. Redemption of the Bond Prior to Maturity. (a) Optional Redemption. (i) The Bond shall be subject to prior redemption in whole at the option of the Town, acting by and through the Enterprise, on the Payment Date of any month, upon payment of the unpaid principal amount of the Bond and accrued interest to the date of redemption (without redemption premium). (ii) Prepayment of any portion of scheduled installments of principal and interest on the Bond may be made at any time at the option of the Town, acting by and through the Enterprise, and shall, after payment of interest, be applied to the installments last to become due under the Bond and shall not affect the obligation of the Town, acting by and through the Enterprise, to pay the remaining scheduled installments. (b) Regularly Scheduled Redemption. The principal amount of the Bond shall be subject to payment and amortization on each Payment Date of the years and in the principal amounts as determined in the Bond Details Certificate and set forth in the executed Bond, at a redemption price equal to the principal amount thereof (with no redemption premium), plus accrued interest to the redemption date. (c) Notice of Redemption. No notice shall be required for regularly scheduled redemption as provided in paragraph (b) of this Section 8. Not less than fifteen days prior to the date established for optional redemption of the Bond, as provided in paragraph (a) of this Section 8, the Town, acting by and through the Enterprise, shall notify USDA of its intent to exercise its optional redemption right. 7 4829-4357-3337.4 53 57 (d) Graduation Clause. Upon the request of USDA, the Town, acting by and through the Enterprise, shall refinance the unpaid balance of the Bond if at any time it shall appear to USDA that the Town, acting by and through the Enterprise, is able to refinance the Bond by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c). Section 9. Bond Account. There is hereby established the Bond Account. Moneys in the Bond Account shall be used solely for the purpose of paying the principal of and interest on the Bond and on any Parity Obligations. On or before the Business Day preceding each Payment Date, the Town, acting by and through the Enterprise, shall credit to the Bond Account, from the Pledged Revenues, an amount equal to the principal and interest to come due on the Bond and on any Parity Obligations on the next succeeding Payment Date. Section 10. Application of Proceeds of the Bond. The proceeds received by the Town, acting by and through the Enterprise, from the USDA at the time of delivery of the Bond shall be applied as a supplemental appropriation of the Town, acting by and through the Enterprise, to reimburse the Town for a portion of the cost of the Project. Section 11. Reserve Account. (a) Use of Moneys in the Reserve Account. There is hereby established the Reserve Account, which account is irrevocably pledged and held for payment of the Bond. Moneys in the Reserve Account shall be used, if necessary, only to prevent a default in the payment of the principal of or interest on the Bond or for expenses as authorized by USDA. In the event the amounts credited to the Bond Account are insufficient to pay the principal of or interest on the Bond when due, the Town, acting by and through the Enterprise, shall transfer from the Reserve Account to the Bond Account an amount which, when combined with moneys in the Bond Account, will be sufficient to make such payments when due. (b) Funding and Maintenance of the Required Reserve. The Required Reserve shall be funded and maintained from the Pledged Revenues by the deposit, on or befare December 31 of each year for 10 years following the issuance of the Bond or until the Required Reserve is fully funded, of at least one-tenth (1/lOth) of the total of the twelve monthly payments on the Bond and thereafter shall be maintained in the amount of the Required Reserve. If at any time after becoming fully funded, the amount in the Reserve Account is less than the Required Reserve, the Town, acting by and through the Enterprise, shall deposit to the Reserve Account, as soon as possible, from the Pledged Revenues or other legally available monies, amounts sufficient to bring the amount in the Reserve Account to the Required Reserve. Section 12. Maintenance of Rates and Coverage. Subject to the issuance of the Bond, the Board shall maintain a user rate schedule for the use of the System that provides adequate income to meet the minimum requirements for operation and maintenance, debt service (other than the Bond), and reserves. USDA requires, as a condition to the loan, that the Town, acting 8 4829-4357-3337.4 54 58 by and through the Enterprise, establish a short lived asset replacement reserve by depositing a sum of $1,500 annually for the life of the loan to pay for repairs and/or replacement of major system assets. Section 13. Pledge and Lien for Payment of Bond. (a) Pledge of Revenues. The Town, acting by and through the Enterprise, hereby pledges the Pledged Revenues for the payment of the principal of and interest on the Bond, and grants a first lien (but not necessarily an exclusive first lien) for such purpose on the Pledged Revenues. (b) Superior Liens Prohibited. The Town, acting by and through the Enterprise, shall not pledge or create any other lien on the revenues and moneys pledged pursuant to paragraph (a) of this Section that is superior to the pledge thereof or lien thereon pursuant to such paragraph. (c) Subordinate Liens Permitted. Nothing herein shall prohibit the Town, acting by and through the Enterprise, from issuing subordinate lien obligations and pledging or creating a lien on the revenues and moneys pledged and the lien created pursuant to paragraph (a) of this section that is subordinate to the pledge thereof or lien thereon pursuant to such paragraph, provided that no Event of Default shall have occurred and be continuing. (d) Parity Obligations Permitted with Consen� The Town, acting by and through the Enterprise, shall not issue Parity Obligations without the prior written consent of the Holder. (e) Bond is a Special, Limited Obligation of the Town. The Bond is a special, limited obligation of the Town, acting by and through the Enterprise, payable solely from the Pledged Revenues and secured solely by the sources provided in this Bond Ordinance. The Bond shall not constitute a general obligation debt of the Town within the meaning of any statutory or constitutional limitation. (� Perfection of Security Interest. The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Bond as provided herein shall be governed by Section 11-57-208, C.R.S. and the Enabling Law. The revenues pledged for the payment of the Bond, as received by or otherwise credited to the Town, shall immediately be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge on the revenues pledged for payment of the Bond and any Parity Obligations and the obligation to perform the contractual provisions made herein shall otherwise have priority over any or all other obligations and liabilities of the Town and of the Town, acting by and through the Enterprise. The lien of such pledge shall be valid, binding, and enforceable as against all persons having claims of any kind in tort, contract, or otherwise against the Town irrespective of whether such persons have notice of such lien. 9 4829-4357-3337.4 55 59 Section 14. Investment of Monies. Any amount in any account established under this Bond Ordinance may be invested in Permitted Investments until needed for the purpose for which the account was established. Section 15. Additional General Covenants. In addition to the other covenants of the Town contained herein, the Town, acting by and through the Enterprise, hereby further covenants for the benefit of the Holder of the Bond that: (a) Efficient Collection and Enforcement of the Pledged Revenues. The Town, acting by and through the Enterprise, will manage the collection and enforcement of the Pledged Revenues in the most efficient and economical manner practicable. The Town, acting by and through the Enterprise, will promptly render bills for the Pledged Revenues and for services furnished by or the use of the System, shall use all legal means to assure prompt payment thereof, and shall take such action as may be necessary to make delinquent Pledged Revenues, and user rates, fees and charges of the System a lien upon the real property served. (b) Inspection of Records. The Town, acting by and through the Enterprise, will keep or cause to be kept such books and records showing the Pledged Revenues, in which complete entries shall be made in accordance with generally accepted accounting principles, as applicable to governmental entities, and the Holder shall have the right at all reasonable times to inspect all non-confidential records, accounts, actions and data of the Town, acting by and through the Enterprise, relating to the Bond, the Reserve Account and the Pledged Revenues. (c) Annual Audit and Budget. The Town will, in the time and manner provided by law, cause an annual audit to be made of the books relating to the Pledged Revenues, the Bond Account and the Reserve Account each year by a Certified Public Accountant and shall furnish a physical or electronic copy thereof to the Holder. The Town also shall provide the Holder with such additional information relating to the expenditure of loan and grant funding as required by applicable federal regulations or as USDA may request. In addition, at least once a year in the time and manner provided by law, the Town will cause a budget to be prepared and adopted. Within thirty days after the beginning of each fiscal year, the Town will submit an annual budget and projected cash flow as directed by USDA. With the submission of the annual budget, the Town, acting by and through the Enterprise, will provide a current rate schedule, and a current listing of the Board members and their terms. (d) OpeNation and Management. The Town, acting by and through the Enterprise, will operate and manage the System in an efficient and economical manner in accardance with all applicable laws, rules and regulations, and keep and maintain separate accounts of the receipts and expenses thereof in such manner that the Pledged Revenues may at all times be readily and accurately identified. (e) No Free Service. The Town, acting by and through the Enterprise, shall require all customers to shall pay a fair and reasonable amount for services furnished by or the use of the System and shall provide no free service for use of the System. 10 4829-4357-3337.4 56 60 (� Sale or Alienation of System Property. The Town, acting by and through the Enterprise, will not sell or alienate any of the property constituting any part or all of the System in any manner or to any extent as might reduce the security provided for the payment of the Bond. (g) Insurance. The Town will carry such forms of general liability insurance, workers' compensation, position fidelity bonds, national flood insurance and real property insurance as required by USDA and applicable federal regulations. (h) Mandatory Hookups. As required by USDA and applicable federal regulations, all customers within the System service area shall be required to hookup to the System. Section 16. Events of Default. Each of the following events constitutes an Event of Default: (a) Nonpayment of Principal or Interest. Failure to make any payment of principal of or interest on the Bond when due hereunder; (b) Br�each or Nonperformance of Duties. Breach by the Town, acting by and through the Enterprise, of any material covenant set forth herein or failure by the Town, acting by and through the Enterprise, to perform any material duty imposed on it hereunder and continuation of such breach or failure for a period of thirty days after receipt by the Town Administrator of written notice thereof from the Holder; or (c) Appointment of Receiver. An order or decree is entered by a court of competent jurisdiction appointing a receiver for all or any portion of the revenues and moneys pledged for the payment of the Bond pursuant hereto is entered with the consent or acquiescence of the Town or is entered without the consent or acquiescence of the Town but is not vacated, discharged or stayed within thirty days after it is entered. Section 17. Remedies for Events of Default. (a) Remedies. Upon the occurrence and continuance of any Event of Default, the Holder of the Bond, or a trustee therefor, may protect and enforce its rights by proper legal ar equitable remedy deemed most effectual including, without limitation, mandamus, specific performance of any covenants, injunctive relief, or requiring the Board to act as if it were the trustee of an express trust, or any combination of such remedies; including without limitation the acceleration of any payments due with respect to the Bond. (b) Failure to Pursue Remedies Not a Release; Rights Cumulative. The failure of the Holder to proceed in any manner herein provided shall not relieve the Town of any liability for failure to perform or carry out its duties hereunder. Each right or privilege of the Holder (or trustee therefor) is in addition and is cumulative to any other right or privilege, and the exercise of any right or privilege by or on behalf of the Holder shall not be deemed a waiver of any other right or privilege thereof. 11 4829-4357-3337.4 57 61 Section 18. Amendment of Ordinance. The Town, acting by and through the Enterprise, may not, without the prior written consent of the Holder, adopt amendments to this Bond Ordinance. Section 19. Findings and Determinations. Having been fully informed of and having considered all the pertinent facts and circumstances, the Board does hereby find, determine, and declare: (a) The Board elects to apply all of the provisions of Title 11, Article 57, Part 2, C.R.S., to the issuance of the Bond; (b) the issuance of the Bond and all procedures undertaken incident thereto are in full compliance and conformity with all applicable requirements, provisions and limitations prescribed by the laws and the Constitution of the State, and other applicable laws relating to the issuance of the Bond have been satisfied; and (c) it is to the best advantage of the Town and its residents that the Bond be authorized, issued and delivered at the time, in the manner and for the purposes provided in this Bond Ordinance. Section 20. Approval of Miscellaneous Documents. For a period of one year following the adoption of this Bond Ordinance, the Town Administrator or the Finance Director of the Town is authorized to make the determinations authorized in Section 3 above and provide for delivery of the Bond. The members of the Board and all other officials of the Town are hereby authorized and directed to execute all documents and certificates necessary or desirable to effectuate the issuance of the Bond and the maintenance of the Project. Section 21. Ratification of Prior Actions. All actions heretofore taken (not inconsistent with the provisions of this Bond Ordinance) by the Board or by the officers and employees of the Town directed toward the issuance of the Bond for the purposes herein set forth are hereby ratified, approved and confirmed. Section 22. Events Occurring on Days That Are Not Business Days. Except as otherwise specifically provided herein with respect to a particular payment, event or action, if any payment to be made hereunder or any event or action to occur hereunder which, but for this section, is to be made or is to occur on a day that is not a Business Day, shall instead be made or occur on the next succeeding day that is a Business Day. Section 23. Limitation of Actions. In accordance with Section 11-57-212, C.R.S., no legal or equitable action can be brought with respect to any legislative acts or proceedings in connection with the authorization or issuance of the Bond more than thirty days after the adoption of this Bond Ordinance. Section 24. Headings. The headings to the various sections and paragraphs to this Bond Ordinance have been inserted solely for the convenience of the reader, are not a part of this Bond Ordinance, and shall not be used in any manner to interpret this Bond Ordinance. 12 4829-4357-3337.4 58 62 Section 25. Ordinance Irrepealable. After the Bond has been issued, this Bond Ordinance shall constitute a contract between the Holder and the Town, acting by and through the Enterprise, and shall be and remain irrepealable until the Bond and the interest accruing thereon shall have been fully paid, satisfied, and discharged, as herein provided. Section 26. Severability. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable. In order to implement such intent, if any provision hereof or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in whole or in part, such determination shall not affect, impair or invalidate any other provision hereof or the application of the provision in question to any other situation; and if any provision hereof or the application thereof is determined by a court or administrative body to be valid or enforceable only if its application is limited, its application shall be limited as required to most fully implement its purpose. Section 27. Repealer. All orders, bylaws, ordinances and resolutions of the Town, or parts thereof, inconsistent or in conflict with this Bond Ordinance, are hereby repealed to the extent only of such inconsistency or conflict; provided however, in the event any provision of this Bond Ordinance is inconsistent or in conflict with the USDA Loan Resolution, the terms and provisions of the USDA Loan Resolution shall control. Section 28. Recording and Authentication. This Bond Ordinance, immediately upon its passage, shall be recorded in the Town book of Ordinances kept for this purpose, and shall be authenticated by the signatures of the Mayor and of the Town Clerk. Section 29. Effective Date. Following its adoption, this Bond Ordinance shall take effect and be in force on a date that is 30 days after its publication. INTRODUCED, READ BY TITLE, APPROVED AND ADOPTED on this 28th day of January, 2020. TOWN OF ESTES PARK, COLORADO, ACTING BY AND THROUGH ITS WATER ENTERPRISE By Mayor ATTEST: By Town Clerk 13 4829-4357-3337.4 59 63 APPENDIX A FORM OF THE BOND UNITED STATES OF AMERICA TOWN OF ESTES PARK, COLORADO ACTING BY AND THROUGH ITS WATER ENTERPRISE WATER REVENUE BOND SERIES 2020 R-1 $658,000.00 Interest Rate: Maturity Date: Original Dated Date: 2.25% REGISTERED OWNER UNITED STATES OF AMERICA ACTING THROUGH THE DEPARTMENT OF AGRICULTURE PRINCIPAL SUM: **SIX HUNDRED FIFTY-EIGHT THOUSAND DOLLARS** The Town of Estes Park, Colorado (the "Town"), acting by and through its Water Enterprise (the "Enterprise"), a duly organized and validly existing political subdivision of the State of Colorado, for value received in the form of a loan,hereby promises to pay to the order of the Registered Owner named above, or registered assigns, on the Maturity Date specified above or upon prior redemption in whole or in part, the Principal Sum specified above. In like manner the Town, acting by and through the Enterprise, promises to pay interest on the unpaid Principal Sum (computed on the basis of a 365-day year) from the Payment Date next preceding the date of registration and authentication of this Bond, except that interest paid on the first Payment Date shall be computed from the Dated Date set forth above, at the Interest Rate per annum specified above, payable monthly on commencing on , 2020, until the outstanding Principal Sum is paid in full. Interest and principal payments shall be paid by check or draft of the Town Treasurer (as the "Paying Agent") mailed on or before each Payment Date to the Registered Owner hereof whose name shall appear on the registration books of the Town maintained by the Paying Agent (the "Holder"). The Paying Agent may make payments of interest and principal by alternative means, such as by wire transfer, as may be mutually agreed to between the Holder of the Bond and the Paying Agent. Without limiting the foregoing, the Town, acting by and through the Enterprise, has covenanted to complete and deliver USDA form RD-3550-28 (ar any similar replacement form to the "Authorization Agreement for Preauthorized Payments") to allow for principal and interest payments to be electronically debited from the Bond Account to USDA on the dates that payments are due. 4829-4357-3337.4 60 64 Within thirty days following the date of the final payment of the Bond, in full, the Holder of the Bond shall present the Bond to the Paying Agent, at the office of the Paying Agent at 170 MacGregor Ave, Estes Park, Colorado 80517, or at such other address as provided in writing by the Paying Agent to the Holder, as required by the ordinance authorizing the issuance of this Bond (the `Bond Ordinance"). THE BOND ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE REGISTERED OWNER OF THIS BOND AND THE TOWN, ACTING BY AND THROUGH THE ENTERPRISE. THIS BOND IS ONLY EVIDENCE OF SUCH CONTRACT AND, AS SUCH, IS SUBJECT 1N ALL RESPECTS TO THE TERMS OF THE BOND ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS BOND. The Principal Sum of this Bond is subject to payment and amortization as provided in the schedule attached hereto as Exhibit A. This Bond shall be subject to prior redemption as provided in the Bond Ordinance. This Bond is a special, limited obligation of the Town, acting by and through the Enterprise, payable solely from and secured solely by the sources provided in the Bond Ordinance and shall not constitute a general obligation debt of the Town within the meaning of any statutory or constitutional limitation. The Town, acting by and through the Enterprise, is authorized to grant a lien on a parity with the lien for the payment of this Bond on the Pledged Revenues for the payment of other Bonds, bonds or other obligations upon satisfaction of certain conditions set forth in the Bond Ordinance. This Bond is issued under the authority of the Constitution of the State of Colorado; Title 31, Article 35, Part 4, C.R.S. (the "Act"); Title 11, Article 57, Part 2, C.R.S. (the "Supplemental Public Securities Act"); and all other laws of the State thereunto enabling; and pursuant to the Bond Ordinance. It is hereby certified that all conditions, acts and things required by the Constitution and laws of the State of Colorado, and the Bond Ordinance, to exist, to happen and to be performed, precedent to and in the issuance of this Bond, exist, have happened and have been performed, and that this Bond does not exceed any limitations prescribed by said Constitution or laws of the State of Colorado, or the ardinances or resolutions of the Town. Such recital shall conclusively impart full compliance with all of the provisions of the Act and the Supplemental Public Securities Act, and this Bond issued containing such recital shall be conclusive evidence of the validity and regularity of the issuance of this Bond and shall be incontestable for any cause whatsoever after its delivery for value. The Town, acting by and through the Enterprise, and the Paying Agent may deem and treat the Registered Owner of this Bond as the absolute owner hereof for all purposes (whether or not this Bond shall be overdue), and any notice to the contrary shall not be binding upon the Town, acting by and through the Enterprise, or the Paying Agent. This Bond may only be transferred at the principal office of the Paying Agent and only as provided in the Bond Ordinance. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the authorizing Bond Ordinance until the certificate of authentication hereon shall have been signed by the Paying Agent. A-2 4829-4357-3337.4 61 65 IN WITNESS WHEREOF, the Town of Estes Park, Colorado, acting by and through its Water Enterprise, has caused this Bond to be signed in the name and on behalf of the Town with the manual signature of the Mayor of the Town, to be sealed with the seal of the Town or a facsimile thereof and to be attested by the manual signature of the Town Clerk. [MANUAL OR FACSIMILE SEAL] TOWN OF ESTES PARK, COLORADO ACTING BY AND THROUGH ITS WATER ENTERPRISE By (Manual Si�naturel Mayor ATTEST: By(Manual Si�nature) Town Clerk CERTIFICATE OF AUTHENTICATION This is the Bond described in the within mentioned Bond Ordinance. Town Treasurer, as Paying Agent By Date of Authentication: CERTIFICATE OF TRANSFER FOR VALUE RECEIVED, , the undersigned, hereby sells, assigns and transfers unto (Tax Identification or Social Security No. ) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. A-3 4829-4357-3337.4 62 66 EXHIBIT A PAYMENT SCHEDULE* "To be determined by Town Administrator or Finance Director. 4829-4357-3337.4 63 67 • � • . • . • i � • . • ' � . . • Enter Borrower Name Here $ 658,000.00 Loan Amount 2.250% Interest Rate(entered as a percentage i.e.3.625%) *�Disclaimer-Please note that the 40 Term breakdown of principal and interest 0 #of Years of Principal Deferral (seiece from drop-down� payments shown are an estimate only 40 Amortization Period and don't account for leap years. Actual amounts are dependent upon the actual 12 Payments per Year date of application of payment. Interest 3.17 Amortization Factor accrues daily from one payment to the $ 2,086.00 Payment next. 3/15/2020 Date of Loan Closing Payment Interest Principal � Balance Beginning Balance $ 339,265.56 $ 658,000.00 � $ 658,000.00 4/15/2020� $ 1.257.41 � $ 828.59 $ 657,171.41 5/15/2020I $ 1,215.32 I $ 870.68 $ 656,300.73 6/15/2020� $ 1,254.16 � $ 831.84 I $ 655,468.89 7/15/2020I $ 1,212.17 I $ ' 873.83 I $ � 654,595.06 8/15/2020� $ 1,250.90 I $ 835.10 � $ 653,759.96 9/15/2020� $ 1,249.31 I $ 836.69 I $ 652,923.27 10/15/2020� $ 1,207.46 � $ 878.54 � $ 652,044.73 11/15/2020� $ 1,246.03 � $ 839.97 I $ 651,204.76 12/15/2020I $ 1,204.28 $ 881.72 I $ 650,323.05 1/15/2021I $ 1,242.74 $ 843.26 I $ 649,479.79 2/15/2021I $ 1,241.13 $ 844.87 I $ 648,634.92 3/15/2021I $ 1,119.56 $ 966.44 I $ 647,668.48 4/15/2021I $ 1,237.67 $ 848.33 � $ 646,820.15 5/15/2021I $ 1,196.17 $ 889.83 � $ 645,930.32 6/15/2021I $ 1,234.35 I $ 851.65 I $ 645,078.67 7/15/2021� $ 1,192.95 $ 893.05 I $ 644,185.62 8/15/2021I $ 1,231.01 $ 854.99 I $ 643,330.63 9/15/2021 $ 1,229.38 I $ 856.62 I $ 642,474.01 10/15/2021 $ 1,188.14 I $ 897.86 I $ 641,576.15 11/15/2021I $ 1,226.03 I $ 859.97 I $ 640,716.17 12/15/2021� $ 1,184.89 � $ 901.11 � $ 639,815.06 1/15/2022I $ 1,222.66 I $ 863.34 I $ 638,951.72 2/15/2022 $ 1,221.01 I $ 864.99 I $ 638,086.73 3/15/2022 $ 1,101.36 I $ 984.64 I $ 637,102.09 4/15/2022 $ 1,217.48 I $ 868.52 I $ 636,233.56 5/15/2022I $ 1,176.60 I $ 909.40 I $ 635,324.16 6/15/2022I $ 1,214.08 I $ 871.92 I $ 634,452.24 7/15/2022� $ 1,173.30 I $ 912.70 I $ 633,539.54 8/15/2022� $ 1,210.67 I $ 875.33 I $ 632,664.21 9/15/2022I $ 1,209.00 I $ 877.00 I $ 631,787.20 10/15/2022� $ 1,168.37 I $ 917.63 I $ 630,869.58 11/15/2022I $ 1,205.57 I $ 880.43 I $ 629,989.14 12/15/2022� $ 1,165.05 I $ 920.95 I $ 629,068.19 1/15/2023I $ 1,202.12 I $ 883.88 I $ 628,184.31 2/15/2023� $ 1,200.43 I $ 885.57 I $ 627,298.75 3/15/2023� $ 1,082.73 I $ 1,003.27 I $ 626,295.48 4/15/2023� $ 1,196.82 � $ 889.18 � $ 625,406.31 64 ss Payment Interest Principal I Balance 5/15/2023I $ 1,156.57 I $ 929.43 I $ 624,476.88 6/15/2023� $ 1,193.35 � $ 892.65 � $ 623,584.23 7/15/2023I $ 1,153.20 I $ 932.80 I $ 622,651.43 8/15/2023� $ 1,189.86 � $ 896.14 � $ 621,755.30 9/15/2023� $ 1,188.15 I $ 897.85 I $ 620,857.44 10/15/2023� $ 1,148.16 � $ 937.84 � $ 619,919.61 11/15/2023I $ 1,184.64 I $ 901.36 I $ 619,018.25 12/15/2023I $ 1,144.76 I $ 941.24 I $ 618,077.01 1/15/2024I $ 1,181.12 I $ 904.88 I $ 617,172.13 2/15/2024� $ 1,179.39 � $ 906.61 � $ 616,265.52 3/15/2024I $ 1,101.68 I $ 984.3�$ 615,281.20 4/15/2024I $ 1,175.78 I $ 910.22 $ 614,370.97 5/15/2024I $ 1,136.17 I $ 949.83 I $ 613,421.14 6/15/2024� $ 1,172.22 � $ 913.78 $ 612,507.36 7/15/2024� $ 1,132.72 I $ 953.28 $ 611,554.08 8/15/2024� $ 1,168.65 � $ 917.35 I $ 610,636.74 9/15/2024I $ 1,166.90 I $ 919.10 I $ 609,717.64 10/15/2024I $ 1,127.56 I $ 958.44 I $ 608,759.20 11/15/2024I $ 1,163.31 I $ 922.69 I $ 607,836.51 12/15/2024I $ 1,124.08 I $ 961.92 I $ 606,874.59 1/15/2025� $ 1,159.71 � $ 926.29 � $ 605,948.30 2/15/2025� $ 1,157.94 $ 928.06 � $ 605,020.25 3/15/2025� $ 1,044.28 $ 1,041.72 I $ 603,978.53 4/15/2025� $ 1,154.18 $ 931.82 I $ 603,046.71 5/15/2025� $ 1,115.22 $ 970.78 � $ 602,075.93 6/15/2025I $ 1,150.54 $ 935.46 � $ 601,140.47 7/15/2025I $ 1,111.70 $ 974.30 I $ 600,166.17 8/15/2025� $ 1,146.89 � $ 939.11 I $ 599,227.06 9/15/2025� $ 1,145.10 $ 940.90 � $ 598,286.16 10/15/2025I $ 1,106.42 $ 979.58 I $ 597,306.58 11/15/2025 $ 1,141.43 I $ 944.57 I $ 596,362.01 12/15/2025 $ 1,102.86 � $ 983.14 � $ 595,378.87 1/15/2026I $ 1,137.74 I $ 948.26 I $ 594,430.62 2/15/2026� $ 1,135.93 � $ 950.07 � $ 593,480.55 3/15/2026I $ 1,024.36 I $ 1,061.64 I $ 592,418.91 4/15/2026� $ 1,132.09 � $ 953.91 � $ 591,465.00 5/15/2026 $ ' 1,093.81 I $ 992.19 I $ 590,472.80 6/15/2026 $ 1,128.37 I $ 957.63 I $ 589,515.17 7/15/2026I $ 1,090.20 I $ 995.80 I $ 588,519.37 8/15/2026I $ 1,124.64 I $ 961.36 I $ 587,558.01 9/15/2026� $ 1,122.80 � $ 963.20 � $ 586,594.81 10/15/2026� $ 1,084.80 � $ 1,001.20 � $ 585,593.61 11/15/2026I $ 1,119.05 I $ 966.95 I $ 584,626.65 12/15/2026� $ 1,081.16 � $ 1,004.84 � $ 583,621.81 1/15/2027I $ 1,115.28 I $ 970.72 I $ 582,651.09 2/15/2027I $ 1,113.42 I $ 972.58 I $ 581,678.51 3/15/2027� $ 1,003.99 � $ 1,082.01 � $ 580,596.50 4/15/2027� $ 1,109.50 � $ 976.50 � $ 579,620.00 5/15/2027� $ 1,071.90 � $ 1,014.10 � $ 578,605.90 6/15/2027I $ 1,105.69 I $ 980.31 I $ 577,625.59 65 ss Payment Interest Principal I Balance 7/15/2027I $ 1,068.21 I $ 1,017.79 I $ 576,607.80 8/15/2027� $ 1,101.87 � $ 984.13 � $ 575,623.68 9/15/2027� $ 1,099.99 I $ 986.01 I $ 574,637.67 10/15/2027� $ 1,062.69 � $ 1,023.31 � $ 573,614.36 11/15/2027� $ 1,096.15 I $ 989.85 I $ 572,624.51 12/15/2027I $ 1,058.96 I $ 1,027.04 I $ 571,597.47 1/15/2028� $ 1,092.30 I $ 993.70 I $ 570,603.77 2/15/2028� $ 1,090.40 � $ 995.60 � $ 569,608.17 3/15/2028� $ 1,018.27 I $ 1,067.73 I $ 568,540.45 4/15/2028� $ 1,086.46 � $ 999.54 � $ 567,540.90 5/15/2028� $ 1,049.56 I $ 1,036.4�$ 566,504.46 6/15/2028I $ 1,082.57 I $ 1,003.43 $ 565,501.03 7/15/2028I $ 1,045.79 I $ 1,040.21 I $ 564,460.82 8/15/2028� $ 1,078.66 � $ 1,007.34 $ 563,453.48 9/15/2028� $ 1,076.74 I $ 1,009.26 $ 562,444.22 10/15/2028� $ 1,040.14 � $ 1,045.86 I $ 561,398.36 11/15/2028I $ 1,072.81 I $ 1,013.19 I $ 560,385.16 12/15/2028� $ 1,036.33 � $ 1,049.67 � $ 559,335.49 1/15/2029� $ 1,068.87 � $ 1,017.13 � $ 558,318.36 2/15/2029� $ 1,066.92 � $ 1,019.08 � $ 557,299.28 3/15/2029I $ 961.91 � $ 1,124.09 I $ 556,175.20 4/15/2029I $ 1,062.83 $ 1,023.17 � $ 555,152.03 5/15/2029� $ 1,026.65 $ 1,059.35 I $ 554,092.68 6/15/2029I $ 1,058.85 $ 1,027.15 I $ 553,065.53 7/15/2029� $ 1,022.79 $ 1,063.21 I $ 552,002.32 8/15/2029I $ 1,054.85 $ 1,031.15 � $ 550,971.17 9/15/2029� $ 1,052.88 $ 1,033.12 � $ 549,938.05 10/15/2029� $ 1,017.01 � $ 1,068.99 I $ 548,869.06 11/15/2029I $ 1,048.87 $ 1,037.13 I $ 547,831.93 12/15/2029I $ 1,013.11 $ 1,072.89 I $ 546,759.04 1/15/2030 $ 1,044.83 I $ 1,041.17 I $ 545,717.88 2/15/2030 $ 1,042.84 � $ 1,043.16 � $ 544,674.72 3/15/2030I $ 940.12 I $ 1,145.88 I $ 543,528.85 4/15/2030I $ 1,038.66 I $ 1,047.34 I $ 542,481.51 5/15/2030I $ 1,003.22 I $ 1,082.78 I $ 541,398.73 6/15/2030� $ 1,034.59 I $ 1,051.41 I $ 540,347.32 7/15/2030 $ ' 999.27 � $ 1,086.73 � $ 539,260.59 8/15/2030 $ 1,030.50 I $ 1,055.50 I $ 538,205.09 9/15/2030� $ 1,028.49 � $ 1,057.51 � $ 537,147.58 10/15/2030� $ 993.36 � $ 1,092.64 � $ 536,054.94 11/15/2030� $ 1,024.38 � $ 1,061.62 � $ 534,993.32 12/15/2030� $ 989.37 � $ 1,096.63 � $ 533,896.69 1/15/2031� $ 1,020.25 � $ 1,065.75 � $ 532,830.94 2/15/2031� $ 1,018.22 � $ 1,067.78 � $ 531,763.16 3/15/2031� $ 917.84 � $ 1,168.16 � $ 530,595.00 4/15/2031I $ 1,013.95 I $ 1,072.05 I $ 529,522.94 5/15/2031� $ 979.25 � $ 1,106.75 � $ 528,416.20 6/15/2031� $ 1,009.78 � $ 1,076.22 � $ 527,339.98 7/15/2031I $ 975.22 I $ 1,110.78 I $ 526,229.20 8/15/2031I $ 1,005.60 I $ 1,080.40 I $ 525,148.80 66 70 Payment Interest Principal I Balance 9/15/2031I $ 1,003.54 I $ 1,082.46 I $ 524,066.34 10/15/2031� $ 969.16 � $ 1,116.84 � $ 522,949.50 11/15/2031� $ 999.34 I $ 1,086.66 I $ 521,862.84 12/15/2031� $ 965.09 � $ 1,120.91 � $ 520,741.92 1/15/2032� $ 995.12 I $ 1,090.88 I $ 519,651.04 2/15/2032� $ 993.03 � $ 1,092.97 � $ 518,558.07 3/15/2032� $ 927.01 I $ 1,158.99 I $ 517,399.08 4/15/2032� $ 988.73 � $ 1,097.27 � $ 516,301.81 5/15/2032� $ 954.80 I $ 1,131.20 I $ 515,170.62 6/15/2032I $ 984.47 I $ 1,101.53 I $ 514,069.09 7/15/2032� $ 950.68 � $ 1,135.32 $ 512,933.76 8/15/2032� $ 980.20 I $ 1,105.80 $ 511,827.96 9/15/2032� $ 978.08 I $ 1,107.92 � $ 510,720.04 10/15/2032I $ 944.48 I $ 1,141.52 $ 509,578.52 11/15/2032� $ 973.78 � $ 1,112.22 $ 508,466.31 12/15/2032� $ 940.31 � $ 1,145.69 I $ 507,320.62 1/15/2033� $ 969.47 I $ 1,116.53 � $ 506,204.09 2/15/2033� $ 967.34 � $ 1,118.66 � $ 505,085.42 3/15/2033I $ 871.79 I $ 1,214.21 I $ 503,871.22 4/15/2033I $ 962.88 I $ 1,123.12 I $ 502,748.09 5/15/2033� $ 929.74 � $ 1,156.26 � $ 501,591.83 6/15/2033I $ 958.52 $ 1,127.48 � $ 500,464.35 7/15/2033� $ 925.52 $ 1,160.48 I $ 499,303.87 8/15/2033� $ 954.15 $ 1,131.85 I $ 498,172.02 9/15/2033� $ 951.99 $ 1,134.01 � $ 497,038.01 10/15/2033I $ 919.18 $ 1,166.82 � $ 495,871.19 11/15/2033I $ 947.59 $ 1,138.41 I $ 494,732.78 12/15/2033I $ 914.92 I $ 1,171.08 I $ 493,561.69 1/15/2034I $ 943.18 $ 1,142.82 I $ 492,418.87 2/15/2034I $ 940.99 $ 1,145.01 I $ 491,273.86 3/15/2034 $ 847.95 I $ 1,238.05 I $ 490,035.81 4/15/2034 $ 936.44 � $ 1,149.56 � $ 488,886.25 5/15/2034I $ 904.10 I $ 1,181.90 I $ 487,704.36 6/15/2034I $ 931.98 I $ 1,154.02 I $ 486,550.34 7/15/2034I $ 899.78 I $ 1,186.22 I $ 485,364.12 8/15/2034� $ 927.51 I $ 1,158.49 I $ 484,205.63 9/15/2034 $ 925.30 � $ 1,160.70 � $ 483,044.93 10/15/2034 $ 893.30 I $ 1,192.70 I $ 481,852.23 11/15/2034I $ 920.80 I $ 1,165.20 I $ 480,687.03 12/15/2034I $ 888.94 I $ 1,197.06 I $ 479,489.98 1/15/2035I $ 916.29 I $ 1,169.71 I $ 478,320.26 2/15/2035I $ 914.05 I $ 1,171.95 I $ 477,148.31 3/15/2035� $ 823.57 � $ 1,262.43 � $ 475,885.88 4/15/2035I $ 909.40 I $ 1,176.60 I $ 474,709.28 5/15/2035� $ 877.89 � $ 1,208.11 � $ 473,501.17 6/15/2035I $ 904.84 I $ 1,181.16 I $ 472,320.01 7/15/2035I $ 873.47 I $ 1,212.53 I $ 471,107.48 8/15/2035I $ 900.27 I $ 1,185.73 I $ 469,921.74 9/15/2035� $ 898.00 � $ 1,188.00 � $ 468,733.75 10/15/2035I $ 866.84 I $ 1,219.16 I $ 467,514.58 67 71 Payment Interest Principal I Balance 11/15/2035I $ 893.40 I $ 1,192.60 I $ 466,321.98 12/15/2035� $ 862.38 � $ 1,223.62 � $ 465,098.36 1/15/2036I $ 888.78 I $ 1,197.22 I $ 463,901.14 2/15/2036� $ 886.50 � $ 1,199.50 � $ 462,701.64 3/15/2036� $ 827.16 I $ 1,258.84 I $ 461,442.80 4/15/2036� $ 881.80 � $ 1,204.20 � $ 460,238.60 5/15/2036� $ 851.13 I $ 1,234.87 I $ 459,003.72 6/15/2036I $ 877.14 I $ 1,208.86 I $ 457,794.86 7/15/2036� $ 846.61 I $ 1,239.39 I $ 456,555.47 8/15/2036� $ 872.46 � $ 1,213.54 � $ 455,341.93 9/15/2036I $ 870.14 I $ 1,215.86 $ 454,126.06 10/15/2036� $ 839.82 � $ 1,246.18 $ 452,879.89 11/15/2036� $ 865.43 I $ 1,220.57 � $ 451,659.32 12/15/2036� $ 835.26 � $ 1,250.74 $ 450,408.58 1/15/2037� $ 860.71 I $ 1,225.29 $ 449,183.29 2/15/2037� $ 858.37 I $ 1,227.63 I $ 447,955.67 3/15/2037I $ 773.18 I $ 1,312.82 I $ 446,642.85 4/15/2037I $ 853.52 I $ 1,232.48 I $ 445,410.37 5/15/2037I $ 823.70 I $ 1,262.30 I $ 444,148.07 6/15/2037� $ 848.75 � $ 1,237.25 � $ 442,910.82 7/15/2037I $ 819.08 � $ 1,266.92 I $ 441,643.90 8/15/2037� $ 843.96 $ 1,242.04 � $ 440,401.86 9/15/2037I $ 841.59 $ 1,244.41 I $ 439,157.45 10/15/2037� $ 812.14 $ 1,273.86 I $ 437,883.59 11/15/2037I $ 836.78 $ 1,249.22 I $ 436,634.37 12/15/2037I $ 807.47 $ 1,278.53 � $ 435,355.85 1/15/2038I $ 831.95 $ 1,254.05 I $ 434,101.79 2/15/2038I $ 829.55 I $ 1,256.45 I $ 432,845.34 3/15/2038I $ 747.10 $ 1,338.90 I $ 431,506.45 4/15/2038I $ 824.59 $ 1,261.41 I $ 430,245.04 5/15/2038 $ 795.66 I $ 1,290.34 I $ 428,954.70 6/15/2038 $ 819.71 � $ 1,266.29 � $ 427,688.41 7/15/2038� $ 790.93 I $ 1,295.07 I $ 426,393.34 8/15/2038I $ 814.82 I $ 1,271.18 I $ 425,122.16 9/15/2038� $ 812.39 � $ 1,273.61 � $ 423,848.55 10/15/2038� $ 783.83 � $ 1,302.17 � $ 422,546.38 11/15/2038 $ ' 807.47 I $ 1,278.53 I $ 421,267.85 12/15/2038 $ 779.06 I $ 1,306.94 I $ 419,960.91 1/15/2039I $ 802.53 I $ 1,283.47 I $ 418,677.44 2/15/2039I $ 800.08 I $ 1,285.92 I $ 417,391.51 3/15/2039� $ 720.43 � $ 1,365.57 � $ 416,025.94 4/15/2039I $ 795.01 I $ 1,290.99 I $ 414,734.95 5/15/2039� $ 766.98 � $ 1,319.02 � $ 413,415.92 6/15/2039I $ 790.02 I $ 1,295.98 I $ 412,119.95 7/15/2039I $ 762.14 I $ 1,323.86 I $ 410,796.08 8/15/2039I $ 785.01 I $ 1,300.99 I $ 409,495.10 9/15/2039� $ 782.53 � $ 1,303.47 � $ 408,191.63 10/15/2039� $ 754.87 � $ 1,331.13 � $ 406,860.50 11/15/2039� $ 777.49 � $ 1,308.51 � $ 405,552.00 12/15/2039I $ 749.99 I $ 1,336.01 I $ 404,215.99 68 72 Payment Interest Principal I Balance 1/15/2040I $ 772.44 I $ 1,313.56 I $ 402,902.43 2/15/2040� $ 769.93 � $ 1,316.07 � $ 401,586.36 3/15/2040I $ 717.90 I $ 1,368.10 I $ 400,218.26 4/15/2040� $ 764.80 � $ 1,321.20 � $ 398,897.06 5/15/2040� $ 737.69 I $ 1,348.31 I $ 397,548.75 6/15/2040� $ 759.70 � $ 1,326.30 � $ 396,222.45 7/15/2040� $ 732.74 I $ 1,353.26 I $ 394,869.19 8/15/2040I $ 754.58 I $ 1,331.42 I $ 393,537.77 9/15/2040� $ 752.03 I $ 1,333.97 I $ 392,203.80 10/15/2040� $ 725.31 � $ 1,360.69 � $ 390,843.11 11/15/2040� $ 746.89 I $ 1,339.1�$ 389,504.00 12/15/2040� $ 720.32 � $ 1,365.68 $ 388,138.31 1/15/2041I $ 741.72 I $ 1,344.28 � $ 386,794.03 2/15/2041I $ 739.15 I $ 1,346.85 $ 385,447.18 3/15/2041� $ 665.29 � $ 1,420.71 $ 384,026.47 4/15/2041� $ 733.86 I $ 1,352.14 I $ 382,674.33 5/15/2041I $ 707.69 I $ 1,378.31 I $ 381,296.01 6/15/2041� $ 728.64 � $ 1,357.36 � $ 379,938.65 7/15/2041� $ 702.63 � $ 1,383.37 � $ 378,555.28 8/15/2041� $ 723.40 � $ 1,362.60 � $ 377,192.68 9/15/2041I $ 720.80 � $ 1,365.20 I $ 375,827.48 10/15/2041I $ 695.02 $ 1,390.98 � $ 374,436.51 11/15/2041I $ 715.53 $ 1,370.47 I $ 373,066.04 12/15/2041� $ 689.92 $ 1,396.08 � $ 371,669.96 1/15/2042I $ 710.25 $ 1,375.75 I $ 370,294.20 2/15/2042I $ 707.62 $ 1,378.38 � $ 368,915.82 3/15/2042� $ 636.76 $ 1,449.24 � $ 367,466.58 4/15/2042� $ 702.21 � $ 1,383.79 I $ 366,082.79 5/15/2042I $ 677.00 $ 1,409.00 I $ 364,673.79 6/15/2042� $ 696.88 $ 1,389.12 � $ 363,284.67 7/15/2042 $ 671.83 I $ 1,414.17 I $ 361,870.50 8/15/2042 $ 691.52 � $ 1,394.48 � $ 360,476.02 9/15/2042� $ 688.85 I $ 1,397.15 I $ 359,078.87 10/15/2042I $ 664.05 I $ 1,421.95 I $ 357,656.92 11/15/2042I $ 683.47 I $ 1,402.53 I $ 356,254.39 12/15/2042� $ 658.83 I $ 1,427.17 I $ 354,827.22 1/15/2043 $ 678.06 I $ 1,407.94 I $ 353,419.28 2/15/2043 $ 675.37 I $ 1,410.63 I $ 352,008.65 3/15/2043� $ 607.58 � $ 1,478.42 � $ 350,530.22 4/15/2043I $ 669.85 I $ 1,416.15 I $ 349,114.07 5/15/2043� $ 645.62 � $ 1,440.38 � $ 347,673.70 6/15/2043� $ 664.39 � $ 1,421.61 � $ 346,252.09 7/15/2043I $ 640.33 I $ 1,445.67 I $ 344,806.41 8/15/2043I $ 658.91 I $ 1,427.09 I $ 343,379.33 9/15/2043� $ 656.18 � $ 1,429.82 � $ 341,949.51 10/15/2043� $ 632.37 � $ 1,453.63 � $ 340,495.88 11/15/2043� $ 650.67 � $ 1,435.33 � $ 339,060.56 12/15/2043� $ 627.03 � $ 1,458.97 � $ 337,601.59 1/15/2044� $ 645.14 � $ 1,440.86 � $ 336,160.73 2/15/2044I $ 642.39 I $ 1,443.61 I $ 334,717.12 69 73 Payment Interest Principal I Balance 3/15/2044I $ 598.36 I $ 1,487.64 I $ 333,229.48 4/15/2044I $ 636.79 I $ 1,449.21 I $ 331,780.27 5/15/2044I $ 613.57 I $ 1,472.43 I $ 330,307.84 6/15/2044� $ 631.20 � $ 1,454.80 � $ 328,853.04 7/15/2044I $ 608.15 I $ 1,477.85 I $ 327,375.19 8/15/2044� $ 625.60 � $ 1,460.40 � $ 325,914.79 9/15/2044I $ 622.81 I $ 1,463.19 I $ 324,451.60 10/15/2044� $ 600.01 � $ 1,485.99 � $ 322,965.62 11/15/2044I $ 617.17 I $ 1,468.83 I $ 321,496.79 12/15/2044I $ 594.55 I $ 1,491.45 I $ 320,005.34 1/15/2045I $ 611.52 I $ 1,474.48 $ 318,530.86 2/15/2045I $ 608.70 I $ 1,477.30 $ 317,053.56 3/15/2045� $ 547.24 I $ 1,538.76 � $ 315,514.80 4/15/2045� $ 602.94 � $ 1,483.06 $ 314,031.73 5/15/2045� $ 580.74 I $ 1,505.26 $ 312,526.48 6/15/2045� $ 597.23 I $ 1,488.77 I $ 311,037.70 7/15/2045I $ 575.21 I $ 1,510.79 I $ 309,526.91 8/15/2045I $ 591.49 I $ 1,494.51 I $ 308,032.40 9/15/2045� $ 588.64 � $ 1,497.36 � $ 306,535.04 10/15/2045I $ 566.88 I $ 1,519.12 I $ 305,015.92 11/15/2045I $ 582.87 � $ 1,503.13 I $ 303,512.79 12/15/2045I $ 561.29 $ 1,524.71 � $ 301,988.08 1/15/2046I $ 577.09 $ 1,508.91 I $ 300,479.17 2/15/2046I $ 574.20 $ 1,511.80 I $ 298,967.37 3/15/2046� $ 516.03 $ 1,569.97 � $ 297,397.40 4/15/2046I $ 568.31 $ 1,517.69 � $ 295,879.71 5/15/2046I $ 547.17 $ 1,538.83 I $ 294,340.89 6/15/2046� $ 562.47 � $ 1,523.53 I $ 292,817.36 7/15/2046I $ 541.51 $ 1,544.49 I $ 291,272.87 8/15/2046I $ 556.61 $ 1,529.39 I $ 289,743.48 9/15/2046 $ 553.69 I $ 1,532.31 I $ 288,211.17 10/15/2046 $ 532.99 � $ 1,553.01 � $ 286,658.17 11/15/2046I $ 547.79 I $ 1,538.21 I $ 285,119.96 12/15/2046I $ 527.28 I $ 1,558.72 I $ 283,561.23 1/15/2047I $ 541.87 I $ 1,544.13 I $ 282,017.11 2/15/2047� $ 538.92 I $ 1,547.08 I $ 280,470.03 3/15/2047 $ ' 484.10 I $ 1,601.90 I $ 278,868.13 4/15/2047 $ 532.91 I $ 1,553.09 I $ 277,315.04 5/15/2047I $ 512.84 I $ 1,573.16 I $ 275,741.88 6/15/2047I $ 526.93 I $ 1,559.07 I $ 274,182.81 7/15/2047� $ 507.05 � $ 1,578.95 � $ 272,603.86 8/15/2047� $ 520.93 � $ 1,565.07 � $ 271,038.80 9/15/2047I $ 517.94 I $ 1,568.06 I $ 269,470.74 10/15/2047� $ 498.34 � $ 1,587.66 � $ 267,883.08 11/15/2047I $ 511.91 I $ 1,574.09 I $ 266,308.99 12/15/2047I $ 492.49 I $ 1,593.51 I $ 264,715.48 1/15/2048� $ 505.86 � $ 1,580.14 � $ 263,135.34 2/15/2048� $ 502.84 � $ 1,583.16 � $ 261,552.18 3/15/2048� $ 467.57 � $ 1,618.43 � $ 259,933.75 4/15/2048I $ 496.72 I $ 1,589.28 I $ 258,344.47 70 7a Payment Interest Principal I Balance 5/15/2048I $ 477.76 I $ 1,608.24 I $ 256,736.23 6/15/2048I $ 490.61 I $ 1,595.39 I $ 255,140.84 7/15/2048I $ 471.84 I $ 1,614.16 I $ 253,526.68 8/15/2048I $ 484.48 I $ 1,601.52 I $ 251,925.16 9/15/2048� $ 481.42 I $ 1,604.58 I $ 250,320.58 10/15/2048� $ 462.92 � $ 1,623.08 � $ 248,697.50 11/15/2048I $ 475.25 I $ 1,610.75 I $ 247,086.75 12/15/2048I $ 456.94 I $ 1,629.06 I $ 245,457.69 1/15/2049I $ 469.06 I $ 1,616.94 I $ 243,840.75 2/15/2049� $ 465.97 � $ 1,620.03 � $ 242,220.72 3/15/2049� $ 418.08 � $ 1,667.92 $ 240,552.80 4/15/2049� $ 459.69 I $ 1,626.31 $ 238,926.49 5/15/2049I $ 441.85 I $ 1,644.15 � $ 237,282.34 6/15/2049I $ 453.44 I $ 1,632.56 $ 235,649.77 7/15/2049� $ 435.79 � $ 1,650.21 $ 233,999.56 8/15/2049� $ 447.16 � $ 1,638.84 I $ 232,360.73 9/15/2049I $ 444.03 I $ 1,641.97 I $ 230,718.76 10/15/2049� $ 426.67 � $ 1,659.33 � $ 229,059.43 11/15/2049I $ 437.72 I $ 1,648.28 I $ 227,411.16 12/15/2049� $ 420.55 I $ 1,665.45 I $ 225,745.71 1/15/2050I $ 43139 � $ 1,654.61 I $ 224,091.10 2/15/2050� $ 428.23 $ 1,657.77 � $ 222,433.33 3/15/2050� $ 383.93 $ 1,702.07 I $ 220,731.26 4/15/2050I $ 421.81 $ 1,664.19 I $ 219,067.06 S/15/2050� $ 405.12 $ 1,680.88 � $ 217,386.19 6/15/2050I $ 415.42 $ 1,670.58 � $ 215,715.60 7/15/2050I $ 398.93 $ 1,687.07 I $ 214,028.53 8/15/2050I $ 409.00 I $ 1,677.00 I $ 212,351.53 9/15/2050I $ 405.80 $ 1,680.20 I $ 210,671.32 10/15/2050� $ 389.60 $ 1,696.40 � $ 208,974.92 11/15/2050 $ 399.34 I $ 1,686.66 I $ 207,288.27 12/15/2050 $ 383.34 � $ 1,702.66 � $ 205,585.61 1/15/2051I $ 392.87 I $ 1,693.13 I $ 203,892.47 2/15/2051� $ 389.63 � $ 1,696.37 � $ 202,196.10 3/15/2051� $ 349.00 � $ 1,737.00 � $ 200,459.10 4/15/2051� $ 383.07 I $ 1,702.93 I $ 198,756.17 5/15/2051 $ ' 367.56 I $ 1,718.44 I $ 197,037.73 6/15/2051 $ 376.53 I $ 1,709.47 I $ 195,328.26 7/15/2051I $ 361.22 I $ 1,724.78 I $ 193,603.48 8/15/2051I $ 369.97 I $ 1,716.03 I $ 191,887.45 9/15/2051� $ 366.69 � $ 1,719.31 � $ 190,168.14 10/15/2051I $ 351.68 I $ 1,734.32 I $ 188,433.82 11/15/2051I $ 360.09 I $ 1,725.91 I $ 186,707.91 12/15/2051I $ 345.28 I $ 1,740.72 I $ 184,967.19 1/15/2052� $ 353.46 � $ 1,732.54 � $ 183,234.66 2/15/2052I $ 350.15 I $ 1,735.85 I $ 181,498.81 3/15/2052I $ 324.46 I $ 1,761.54 I $ 179,737.27 4/15/2052I $ 343.47 I $ 1,742.53 I $ 177,994.74 5/15/2052� $ 329.17 � $ 1,756.83 � $ 176,237.91 6/15/2052I $ 336.78 I $ 1,749.22 I $ 174,488.69 71 75 Payment Interest Principal I Balance 7/15/2052I $ 322.68 I $ 1,763.32 I $ 172,725.38 8/15/2052� $ 330.07 � $ 1,755.93 � $ 170,969.45 9/15/2052I $ 326.72 I $ 1,759.28 I $ 169,210.17 10/15/2052I $ 312.92 I $ 1,773.08 I $ 167,437.09 11/15/2052� $ 319.97 I $ 1,766.03 I $ 165,671.05 12/15/2052� $ 306.38 � $ 1,779.62 � $ 163,891.43 1/15/2053I $ 313.19 I $ 1,772.81 I $ 162,118.62 2/15/2053� $ 309.80 � $ 1,776.20 � $ 160,342.42 3/15/2053� $ 276.76 I $ 1,809.24 I $ 158,533.18 4/15/2053� $ 302.95 � $ 1,783.05 � $ 156,750.13 5/15/2053� $ 289.88 I $ 1,796.1�$ 154,954.01 6/15/2053I $ 296.11 I $ 1,789.89 $ 153,164.12 7/15/2053� $ 283.25 I $ 1,802.75 � $ 151,361.37 8/15/2053� $ 289.25 � $ 1,796.75 $ 149,564.62 9/15/2053� $ 285.81 � $ 1,800.19 $ 147,764.43 10/15/2053� $ 273.26 I $ 1,812.74 I $ 145,951.69 11/15/2053I $ 278.91 I $ 1,807.09 I $ 144,144.60 12/15/2053I $ 266.57 I $ 1,819.43 I $ 142,325.17 1/15/2054I $ 271.98 I $ 1,814.02 I $ 140,511.14 2/15/2054I $ 268.51 I $ 1,817.49 I $ 138,693.66 3/15/2054I $ 23939 � $ 1,846.61 I $ 136,847.04 4/15/2054I $ 261.51 $ 1,824.49 � $ 135,022.55 S/15/2054� $ 249.70 $ 1,836.30 I $ 133,186.25 6/15/2054� $ 254.51 $ 1,831.49 I $ 131,354.77 7/15/2054I $ 242.92 $ 1,843.08 I $ 129,511.68 8/15/2054I $ 247.49 $ 1,838.51 � $ 127,673.17 9/15/2054I $ 243.98 $ 1,842.02 I $ 125,831.15 10/15/2054I $ 232.70 I $ 1,853.30 I $ 123,977.85 11/15/2054I $ 236.92 $ 1,849.08 I $ 122,128.77 12/15/2054I $ 225.85 $ 1,860.15 I $ 120,268.62 1/15/2055 $ 229.83 I $ 1,856.17 I $ 118,412.45 2/15/2055 $ 226.28 � $ 1,859.72 � $ 116,552.73 3/15/2055I $ 201.17 I $ 1,884.83 I $ 114,667.91 4/15/2055I $ 219.13 I $ 1,866.87 I $ 112,801.03 5/15/2055I $ 208.60 I $ 1,877.40 I $ 110,923.64 6/15/2055� $ 211.97 I $ 1,874.03 I $ 109,049.61 7/15/2055 $ ' 201.67 I $ 1,884.33 I $ 107,165.28 8/15/2055 $ 204.79 I $ 1,881.21 I $ 105,284.06 9/15/2055I $ 201.19 I $ 1,884.81 I $ 103,399.26 10/15/2055I $ 191.22 I $ 1,894.78 I $ 101,504.48 11/15/2055� $ 193.97 � $ 1,892.03 � $ 99,612.45 12/15/2055I $ 184.21 I $ 1,901.79 I $ 97,710.66 1/15/2056� $ 186.72 � $ 1,899.28 � $ 95,811.38 2/15/2056� $ 183.09 � $ 1,902.91 � $ 93,908.47 3/15/2056� $ 167.88 � $ 1,918.12 � $ 91,990.35 4/15/2056I $ 175.79 I $ 1,910.21 I $ 90,080.14 5/15/2056� $ 166.59 � $ 1,919.41 � $ 88,160.73 6/15/2056� $ 168.47 � $ 1,917.53 � $ 86,243.20 7/15/2056� $ 159.49 � $ 1,926.51 � $ 84,316.69 8/15/2056� $ 161.13 � $ 1,924.87 � $ 82,391.82 72 7s Payment Interest Principal I Balance 9/15/2056I $ 157.45 I $ 1,928.55 I $ 80,463.26 10/15/2056� $ 148.80 � $ 1,937.20 � $ 78,526.06 11/15/2056� $ 150.06 I $ 1,935.94 I $ 76,590.12 12/15/2056I $ 141.64 I $ 1,944.36 I $ 74,645.76 1/15/2057I $ 142.64 I $ 1,943.36 I $ 72,702.41 2/15/2057I $ 138.93 I $ 1,947.07 I $ 70,755.34 3/15/2057I $ 122.13 I $ 1,963.87 I $ 68,791.47 4/15/2057I $ 131.46 I $ 1,954.54 I $ 66,836.92 5/15/2057� $ 123.60 I $ 1,962.40 I $ 64,874.53 6/15/2057� $ 123.97 � $ 1,962.03 � $ 62,912.50 7/15/2057I $ 116.35 I $ 1,969.6�$ 60,942.84 8/15/2057I $ 116.46 I $ 1,969.54 $ 58,973.30 9/15/2057� $ 112.70 I $ 1,973.30 � $ 57,000.00 10/15/2057I $ 105.41 I $ 1,980.59 $ 55,019.41 11/15/2057� $ 105.14 � $ 1,980.86 $ 53,038.55 12/15/2057I $ 98.08 I $ 1,987.92 I $ 51,050.63 1/15/2058� $ 97.56 I $ 1,988.44 � $ 49,062.19 2/15/2058� $ 93.76 I $ 1,992.24 � $ 47,069.95 3/15/2058I $ 81.24 I $ 2,004.76 I $ 45,065.19 4/15/2058I $ 86.12 I $ 1,999.88 I $ 43,065.31 5/15/2058� $ 79.64 � $ 2,006.36 � $ 41,058.95 6/15/2058� $ 78.46 $ 2,007.54 � $ 39,051.41 7/15/2058� $ 72.22 $ 2,013.78 I $ 37,037.63 8/15/2058I $ 70.78 $ 2,015.22 I $ 35,022.41 9/15/2058I $ 66.93 $ 2,019.07 I $ 33,003.33 10/15/2058I $ 61.03 $ 2,024.97 I $ 30,978.37 11/15/2058I $ 59.20 $ 2,026.80 I $ 28,951.56 12/15/2058I $ 53.54 I $ 2,032.46 I $ 26,919.11 1/15/2059I $ 51.44 $ 2,034.56 I $ 24,884.55 2/15/2059I $ 47.55 $ 2,038.45 I $ 22,846.10 3/15/2059 $ 39.43 I $ 2,046.57 I $ 20,799.53 4/15/2059 $ 39.75 � $ 2,046.25 � $ 18,753.28 5/15/2059I $ 34.68 I $ 2,051.32 I $ 16,701.96 6/15/2059� $ 31.92 � $ 2,054.08 � $ 14,647.88 7/15/2059I $ � 27.09 I $ 2,058.91 I $ 12,588.97 8/15/2059� $ 24.06 I $ 2,061.94 I $ 10,527.02 9/15/2059 $ 20.12 I $ 2,065.88 I $ 8,461.14 10/15/2059 $ 15.65 I $ 2,070.35 I $ 6,390.79 11/15/2059I $ 12.21 I $ 2,073.79 I $ 4,317.00 12/15/2059I $ 7.98 I $ 2,078.02 I $ 2,238.98 1/15/2060I $ 4.28 I $ 2,081.72 I $ 157.26 2/15/2060� $ 0.30 I $ 157.26 I $ 0.00 3/15/2060� $ 0.00 I I $ 0.00 73 7� Pasitron 5 RUS BULLETIN 1780-27 ItESOLUT[ONoB-18 ArrEiov�o Oh1I#.No.43?2-0131 LOAN RESOLUTION (Public Bodies) A R�SOI,UTI�I�OF TH� Board af Trustees OF'CH� TOwn af Estas ParEc,Colorado,acting by and through the 7own's Water Enterprise, AUi'HORIZ[NG AI�lD PROVIDING FQR 7HE INCURRENCE OF INRE6TEDNESS FOR THE PURPOSE OF f'ItOV[D1NG A I'ORTIQN OF'fH�COST OF ACQC"IRING, CONSTRUCTING,ENLARGING,IMPROVING,AND:'OR EX7'ENdWG�'C5 Park Entrance Estates Neighborhood Water Distribution System FACILITY TO SERVE AN AREA LAIVFULLY WITHIN I'1'5 JURISDIC7'10�!i'O SERVE. WHEREAS,it is neccssary for t1�c Town of Estes Park,Colorado,acting by and through the Tawn's Water Enter�ris�, (Public B�rf�J (herein afler called Association)to r�itic a porti.r.n oF the cost af such undertaking by issuance of us bonds in the prmcipll amirun;of 658,OOD Arsicle X,Section 20 of the Colorado Constitution, pursuant to thr provisions of Tille 31,AAicle 35�Part 4 C.R.S_and Title 11,Article 57.Part 3,C.R.S. :and WHEREAS,the Association intends�o obt��n�ssistancc from thc Unitcd States Department of Agriculture, (herein called the Govcrnment)ucting undcr If�c provisions of thc Cansolidatcd Farm anci Rural Development Act(7 U.S.C, I 9?1 et seg.)m thc planning. financing,and supert isian af such undertaking and tBe purchasing of bands lawfully issucd,in Qi�:eti�cnt that no other acceptable purchaser for such bonds is found 6y the Association; NOW THERE�'OR�,in consideration of thc premises the Association hereby resnlves� I. l'o have prenared on its behalf and to adopt an ordinance or resolution for the issuance af iis bands containing such uems and in such forms as are required by Stale slatutes and as are agrceable and acceptable to tlie Go�emment. 2. Ta refinance thc unpaid balancc,in�vhole ar in part,of its bonds upan the request of tl�e Ga�emment if at any timc it sl�aEl appear ta the Ga�immcni thal[he Assaciation is able to refinance its bonds by obtaining a loan far such purposcs from responsible coanerati��e or pri�ate sources at reasanable rates and terms for loans For simdar purposes and per�nd€ oF time as required 6y section 333(c}aF said Consolidated Farm and Rurai development Act(7 U.S.C. 1983(c}}. 3. To provide for,execute,and comply�vith Form RD 444-4,"Assurance A�reement,"and Form RD 400-I,"Equal O��Sortunity Agreement,"inc�uding an"�qual Op�ortumry Clausa,"which clause is to be incorparaicd in,nr atcached as a ncEer to,each construction cantract and subcontract in��olving in excess of S 10,000. 4. To indemnify the Govemmen�for any payments made or losscs suffercd by the Government on behalFof the Association. Such indemnification sliall bc payable from thc same source oF Funds pledged to pay the bonds or any otlur legal ly per- missible source. 5. Tha�unon deFault in thc payments of any princinal and accrued interest on thc bands or in the performance oFany covenant or agreement containcd hercin or in the instruments incidem to makinb or insuring the loan,d��Govcmmcnt at its aptian may(a)declare the entirc principa{amount t1�en nutstanding and�ccrued interesi immcdiatcly duc and payable,(b)far the account oFthe Association(payable frnm the source oF funds pledged la pay the bc�nds or any otl�er legally permissi6l�source),incur and p�y reasonable cxpenses far repau,maintenance,and operation oF Aie faciliry nnd such other rcasanablc expcnscs as may bc neccssary to cure the cause oFdefault,andlor(c)take possession of thc Fpcility,repair,mainlain,and aperatc or rent it.DeFault under the provisions of thiti resolution or any instrument incident to the makin�or insurin�of the loan may 6e construed by the Govemment to�onstitute default under any otlier instrument held hy the Govemment and executed or assumcd by the Association,and default uncler nny such instrumcnt may be construed by thc Government to constituic cfeFault hereunder. b. Not lo sell,transfer,lease,or othenvise encumber tl�e facility or any portion ther4af,ar intcrest�herein,or permit others to do so,without the prior wr�tten consent oF d�e Gavernmcnl. 7. Not to defease tlie bonds,or to borrow mo�cy,enler into any cantractor agreement,or otherwise incur any liahilities far any purpase in connection with the facility(exclusive oFnarmal maintenance)without thc prior written consent oftl�e Government iF such undertaking�vould involve tl�e saurce of funds pledged to pay the boncis. 8_ Ta nlace the proceeds oF the boods on dcposit in an accaunt and in a manner approved by the Gavernment.Funds rnpy bc deposited in institutions insured by the State or Fecleral Govemment or invested in readily markeiable securities hacked by the fulE Faith and credit of the Uni�ecE 3tntes.A�y income fmm these accounis wip be considered as revenues of the syslem. 9. To comply with a1l applicable State and Federal]acvs and regulations and to cootinually operate and maintain the FaciEity in good conditlon. 10_ To provide Far the receipt oFadequate revenues to meet the requirements of debt service,operation and maintenance,and the establishment of adequatc resen�es.Rerenue accumuEated over and above that needed to pay operatmg and mainte- nance,debt service and reserves may on�y be retained or used to make prepayments on the loan.Revenue cannot be used to pay aoy expenses which are not directly incurrecl for the facility Fnanced by USDA.Na free service or use of the faciliiy will be permitted. decordrng ro ehe Papen�ork Red�r;rran.Ict ojl995,an ugency mae not ennduci arspd.uor,arsd a perfan is no1 required fo resportd 7a,a caNe[flon af infarmatlan nn.'ri.r ir drapla��s a��nlid OSfB conrrr.!nu�r6er The rafid O,11B ronaro!ni�mberfor rhis informatlom ca!lecrion!r UJ7?-0111 77re rime req�drerf ro camplere thir injarma�;sn collecrron(r es�Imnred rn ureruge I hnur per respon.�r,lnrinding rhr time far rerleuing ensartecrions,sturchrng erirring da1�sorerces,garhering and mnfnrarning rhe dain needed,anAcompletrng und rr��ieuing the ca!lecrfan ojlnfarm�Non. 74 7s ��w I I. 'Co acquire anc!maintain sacli insurance and fidelity bond cnverage as may be requircd by Aic Gavernmenl. l2. To cstablish and maintain such books and records relating to the operation oFthe facifity�nc�its fina�c�al nffairs and to providc fc�r rcyuired audit thercof as required by the Govemmenl,ta pravide thc Gavcrnment a copy of cach such audit �vithout�ts requrst,and to fanvard to t1�c Govemmcnt such additiona[inFormatian and reports as it may from time to time require. l3. To provide tlie Govemmcnt at all rcasonable times access to all books and records relating lo the facility and access to the praperty af tlic system sa that the Govemment may ascertain that the Association is compEying with the provisions hcreaf and oF thc instruments incident to the making or insuring of the loan. l4. That iF tl�c Govcrnment requires tl�at a reserve account be established,disbursements From that accounl(s)m�y be used �vhen ncccssary for payments duc on the hond if suFf'icient F�ncfs are not o�henvise a�ailable and pr�ar approval of the Govemment is abtained. Also,tivith thc prior written approval of the Govemment,Funds may bc withdrawn and used�or such things as emergency maintenance,extensions ta facilities and replaccmcnt af short lrved asscts. 15. To pro��icfc adequate scrvicc to all persons witl�in thc service arca who can feasi6ly and icgally 6e sen�ed and to obtain USDA's concurrence prior to reFusing new or adequate services to such persons.Upon Failure to provide services tivhich are feas�ble and I.�al,sucli person shall have a direct rigl�t oFactio�against tl�e Association or public hady. lb. Ta comply a�i�U tf:e measures identiFied in the Govcrnment's environmentaE impact analysis for th�s fac�Euy For the pur- pose of a��aiding or rcducing tlie advrrse environmenta!impacts of the t'aciliry's construct�nn or operat�on. 17. To accept a grant in an amount not to exceed S 658,D00 under tl�r tenns offcrcci by the C�overnment;that ihe Town of Esles PaAc,Cdwado,actlng Cy end through Ihe Tawn's Water Enferpnse and Iha Town, 8aard af Truateee o(the Town,and and e���paame�o++�+��atonv oFthe Association are hereby aulharized and cmpowered to take all uction necessary ar�ppropriate in the execution of all written instruments as may be rcquired in regard to or as er idenee of such grant,and to operate A►c fa:ility undcr d�c terms offered in said brant agrecment{s). �lie provisions I�ereof and the provisions oE'all instruments incident to the makin�or Ihe msuring of Qi�loan,unlcss othenvise specifically provided by 11ie terms ofsuch instrument, shall be 6indin� upon the Association as long ns thc bonds arc held or insurcd hy the Go�ernment or assignce.The provisions of sections 6 throu�h I 7 hercaf may 6c�rovi�led E'or in more specific deta�l in the bond resolution or ordinance; ta the extcnt that the provisions cantained in such 6ond resolutian or onlinance should b�found to be inronsistent with d�e provisions hereaf, Aiese provisions shall bc construed as controlling behvicen the Association and tl�e Govemment or assignee. The votc 1vas: Yeas � Nays Absent IN 1VETNE551VHEREOF,A�c Bflard o(Trustees �f tl�c Town af Estes Park,acting as th�Town's Wa#er Enierprise, I�as duly adopted this resolution anc�caused it to be executed by the ofFicers below in duplicate on this �� �aY°� �'�ay � �y$ l �s�A�.a �y Todd ,lirs� Attest: � Titke Mayor , ' L„s.'�� o�.� � �. �__ r�F� T;t�� Town Clerk 75 7s _�. CERTIFICATION TO BE �XECUTED AT LOAN CLOSING I,the undersigned,as Town Clerk ������ 7own oF Estes Park hcreby certify that tf��� goard of Trustees acting as lhe governing body �f such Associatian is composed af $�'�'�� members,oF ti�hom, constituiing a quorum,�verc prescnt at a meeting tliereaf duly called and lield on thc �#}' c�ay of �—'�#��f ;:�nc�tliat the foregoing resalulion was adopted at such meeting � by the rote shorvn abovc,I Furtlier certiFy tl�at as af , the datc of closing of th�loan from the Unitcd States Department af Agricul�ur4,said resalutian remains in eFfect and has not been rescinded ar amended in any way. Datcd,this �`�` day of ����.! � � .� \ `��„�.�7 � .�.�..� .��... �r��i�; wn Clerk 76 so USDA � - United States Department of Agriculture August 11, 2016 Frank Lancaster Town of Estes Park PO Box 1200 Denver, CO 80518 SUBJECT: Recipient Name: Town of Estes Park Project Name: Park Entrance Mutual Pipeline and Water Company Water Application CFDA NUMBER— 10.760 Loan: $658,000 Grant: $529,000 Applicant: $18,000 DOLA: $18,000 TOTAL $1,223,000 Dear Mr. Lancaster: This letter establishes conditions which must be understood and agreed to by you before further consideration may be given to your application. The loan and grant will be administered on behalf of the Rural Utilities Service (RUS) by the State and Area staff of USDA Rural Development, both of which are referred to throughout this letter as the Agency. Any changes in project cost, source of funds, scope of project, or any other significant changes in the project or applicant must be reported to and concurred with by the Agency by written amendment to this letter. If significant changes are made without obtaining such concurrence, the Agency may discontinue processing of the application. All conditions set forth under Section III—Requirements Prior to Advertising for Bids must be met within 9 months of the date of this letter. If you have not met these conditions, the Agency reserves the right to discontinue the processing of your application. If you agree to meet the conditions set forth in this letter and desire further consideration be given to your application, please complete and return the following forms immediately: Form RD 1942-46, "Letter of Intent to Meet Conditions" Form RD 1940-1, "Request for Obligation of Funds" RUS Bulletin 1780-12, "Water and Waste System Grant Agreement" DFC Bldg.56,Room 2300,PO BOX 25425,Denver,CO 80225,720-544-2920,720-544-2981 Colorado Relay(800)659-3656•www,rd.usda.gov/co "USDA is an equal opportunity provider and employer." 77 81 The loan/grant will be considered approved on the date Form RD 1940-1, "Request for Obligation of Funds," is signed by the approving official. Thus, this letter in itself does not constitute loan and/or grant approval, nor does it ensure that funds are or will be available for the project. When funds are available, the Form 1940-1 will be provided to you for your signature. After you sign and return the form to the Agency, the request will be processed and loan/grant funds will be approved and obligated. Extra copies of this letter are being provided for use by your engineer, attorney, bond counsel and accountant. All parties may access information and regulations referenced in this letter at our website located at www.rd.usda.�ov. The conditions are as follows: SECTION I - PROJECT DETAIL 1. Proiect De:;crintivn —Funds will be used to construct a functional replacement of PEMPWCo aging drinking water distribution system. From that point the Town of Estes Park will take ownership and operation of the system. Facilities will be designed and constructed in accordance with sound engineering practices and must meet the requirements of Federal, State, and local agencies. The proposed facility design must be based on the Preliminary Engineering Report(PER) as concurred with by the Agency. 2. Proiec# Fundin�—The Agency is offering the following funding for your project: Agency Loan - $658,000 Agency Grant - $529,000 This offer is based upon the following additional funding being obtained. Applicant Contribution - $18,000 DOLA - $18,000 TOTAL PROJECT COST - $1,223,000 This funding is offered based on the amounts stated above. Prior to loan closing, any increase in non-Agency funding will be applied first as a reduction to Agency grant funds, up to the total amount of the grant, and then as a reduction to Agency loan funds. Any changes in funding sources following obligation of Agency funds must be reported to the processing official. Project feasibility and funding will be reassessed if there is a significant change in project costs after bids are received. If actual project costs exceed the project cost estimates; an additional contribution by the Owner may be necessary. Prior to advertisement for construction bids, you must provide evidence of applicant contributions and approval of other funding sources. This evidence should include a copy of the commitment letter. Agency funds will not be used to pre-finance funds committed to the project from other sources. 78 s2 3. Proiect Buc��et—Funding from all sources has been budgeted for the estimated expenditures as follows: �'r�iect Casts; Total Bud�eted: Administration/Legal $36,000 Construction $846,000 Contingency $143,000 DOLA—Pre-planning Grant $18,000 (already awarded) Engineering Fees $144,000 Includes: Basic Services $72,000 Resident Project Representation (Inspection) $72,000 Independent Lab Services $7,000 Interest- Interim $11,000 Applicant Match $18,000 (already expended) TOTAL $1,223,000 Obligated loan or grant funds not needed to complete the proposed project will be deobligated prior to start of construction. Any reduction will be applied to grant funds first. An amended letter of conditions will be issued for any changes to the total project budget. SECTION II—LOAN AND GRANT TERMS 4. Re�ayment —The interest rate will be the lower of the rate in effect at the time of loan approval or the time of loan closing, unless you request otherwise. Should the interest rate be reduced, the payment will be recalculated to the lower amount. Your loan will be scheduled for repayment over a period of 40 years. Payments will be equal monthly amortized installments, beginning one month after closing. For planning purposes, use a 2.25% interest rate and an amortization factor of 3.17, which provides for a monthly payment of$2,086. The precise payment amount will be based on the interest rate at which the loan is closed, and may be different than the one above. The payment due date will be established as the day that the loan closes. Due dates falling on the 29th, 30th, and 31st day of the month will be avoided. 5. Securitv—The loan will be secured by a Revenue bond with lst lien position in the amount of$658,000. The bond will be fully registered as to both principal and interest in the name of the United States of America, Acting through the United States Department of Agriculture. 79 83 The bond and any ordinance or resolution relating thereto must not contain any provision in conflict with the Agency Loan Resolution, applicable regulations, or its authorizing law. In particular,there must be no defeasance or refinancing clause in conflict with the graduation requirements of 7 U.S.C. 1983. Additional security requirements are contained in RUS Bulletin 1780-12, "Water and Waste System Grant Agreement," and RUS Bulletin 1780-27, "Loan Resolution(Public Bodies)." A draft of all security instruments, including draft bond resolution, must be reviewed and concurred in by the Agency prior to advertising for bids. The bond resolution and Loan Resolution must be duly adopted and executed prior to loan closing. The Grant Agreement must be fully executed prior to the first disbursement of grant funds. 6. Cle�tronic I'avments —Payments will be made on the day your payment is due through an electronic preauthorized debit system. You will be required to complete Form RD 3550-28, "Authorization Agreement for Preauthorized Payments," for all new and existing indebtedness to the Agency prior to loan closing. It will allow for your payment to be electronically debited from your account on the day your payment is due. 7. Cvns#rucfion Cnmpletion Timefrartie - All projects must be completed and all funds disbursed within five years of obligation. If funds are not disbursed within five years of obligation, you must submit to the Agency a written request for extension of time with adequate justification of circumstances beyond your control. Requests for waivers beyond the initial extension will be submitted to the Assistant Administrator for concurrence decision. 8. Ilisbiirsement vf A�encv Funds - Agency funds will be disbursed into the borrower's depository account through an electronic transfer system. SF 3881, "ACH Vendor/Miscellaneous Payment Enrollment Form,"must be completed and submitted to the Agency prior to advertising for bids. Any applicant contribution will be the first funds expended, followed by other funding sources. Interim financing or Agency loan funds will be expended after all other funding sources unless a written agreement is reached with all other funding sources on how funds are to be disbursed priar to start of construction or loan closing, whichever occurs first. Interim financing funds or Agency loan funds must be used prior to the use of Agency grant funds. Tne Grant Agreement must not be closed and funds must not be disbursed prior to loan funds except as specified in RUS Instruction 1780.45(d). In the unlikely event the Agency mistakenly disburses funds, the funds will be remitted back to the Agency electronically. Grant funds are to be deposited in an interest-bearing account (exception provided below) in accordance with 2 CFR Part 200 and interest in excess of$500 per year remitted to the Agency. The funds should be disbursed by the recipient immediately upon receipt and there should be little interest accrual on the Federal funds. Recipients shall maintain advances of Federal funds in interest-bearing accounts, unless: a. The recipient receives less than$120,000 in Federal awards per year. b. The best reasonably available interest-bearing account would not be expected to earn interest in excess of$500 per year on Federal cash balances. 80 sa c. The depository would require an average or minimum balance so high that it would not be feasible within the expected Federal and non-Federal cash resources. d. A foreign government or banking system prohibits or precludes interest-bearing accounts. 9. It�scr-►�es —Reserves must be properly budgeted to maintain the financial viability and sustainability of any operation. Reserves are important to fund unanticipated emergency maintenance and repairs, and assist with debt service should the need arise. The following reserves are required to be established as a condition of this loan: a. Debt Service Reserve—As a part of this Agency loan proposal, you must establish a debt service reserve fund equal to at least one annual loan installment that accumulates at the rate of 10% of one annual payment per year for ten years or until the balance is equal to one annual loan pa�ment. Ten percent of the proposed loan installment would equal $208.60 per month; this amount should be deposited monthly until a total of$25,032 has accumulated. Prior written concurrence from the Agency must be obtained before funds may be withdrawn from this account during the life of the loan. When funds are withdrawn during the life of the loan, deposits will continue as designated above until the fully-funded amount is reached. b. Short-Lived Asset Reserve—In addition to the debt service reserve fund, you must establish a short-lived asset reserve fund. Based on the preliminary engineering report, you must deposit at least $1,500 into the short-lived asset reserve fund annually for the life of the loan to pay for repairs and/or replacement of major system assets. It is your responsibility to assess your facility's short-lived asset needs on a regular basis and adjust the amount deposited to meet those needs. Current assets can also be used to establish and maintain reserves far expected expenses, including but not limited to operation and maintenance, deferred interest during the construction period, and an asset management program. SECTION III—REQUIREMENTS PRIOR TO ADVERTISING FOR BIDS 10. Cn�ironrn�ntal Reauircme�ts —The project as proposed has been evaluated to be consistent with the National Environmental Policy Act. Other Federal, State, tribal, and local laws, regulations and or permits may apply or be required. If the project or any project element deviates from or is modified from the originally-approved project, additional environmental review may be required. 11. En�ineerin� Services—You have been required to complete an Agreement for Engineering Services, which should consist of the Engineers Joint Contract Documents Committee (EJCDC) documents as indicated in RUS Bulletin 1780-26, "Guidance for the Use of EJCDC Documents on Water and Waste Projects with RUS Financial Assistance," or other approved form of agreement. The Agency will provide concurrence prior to advertising for bids, and must approve any modifications to this agreement. 81 85 12. Contract Documents, Final Plans, and Snecifications a. The contract documents must consist of the EJCDC construction contract documents as indicated in RUS Bulletin 1780-26 or other Agency-approved forms of agreement. b. The contract documents, final plans, and specifications must comply with RUS Instruction 1780, Subpart C —Planning, Designing, Bidding, Contracting, Constructing and Inspections, and must be submitted to the Agency for concurrence prior to advertising for bids along with an updated cost estimate. The Agency may require another updated cost estimate if a significant amount of time elapses between the original submission and advertising for bids. c. The use of any procurement method other than competitive sealed bids must be requested in writing and approved by the Agency. 13. Le�al Serviee5 —You have been required to execute a legal services agreement with your attorney and bond counsel, if applicable, for any legal work needed in connection with this project. The agreement should stipulate an hourly rate for the work, with a"not to exceed" amount for the services, including reimbursable expenses. RUS Bulletin 1780-7, "Legal Services Agreement," or similar format may be used. The Agency will provide concurrence prior to advertising for bids. Any changes to the fees or services spelled out in the original agreement must be reflected in an amendment to the agreement and have prior Agency concurrence. 14. Prot�ertv Ri�hts - Prior to advertising for bids, you and your legal counsel must furnish satisfactory evidence that you have or can obtain adequate continuous and valid control over the lands and rights-of-way needed for the project. Acquisitions of necessary land and rights must be accomplished in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Such control over the lands and rights will be evidenced by the following: a. Right-of-Way Map—Your engineer will provide a map clearly showing the location of all lands and rights-of-way needed for the project. The map must designate public and private lands and rights and the appropriate legal ownership thereof. b. Form RD 442-20, "Right-of-Way Easement" —This form may be used to obtain any necessary easements for the proposed project. c. Form RD 442-21, "Right-of-Way Certificate"—You will provide a certification on this form that all right-of-way requirements have been obtained for the proposed project. .d. Form RD 442-22, "Opinion of Counsel Relative to Rights-of-Way" —Your attorney will provide a certification and legal opinion on this form addressing rights-of-way, easements, and title. The approving official may waive title defects or restrictions, such as utility easements, that do not adversely affect the suitability, successful operation, security value, or transferability of the facility. Any such waivers must be provided by the approving official in writing prior to closing or the start of construction, whichever occurs first. 82 ss You are responsible for the acquisition of all property rights necessary for the project and for determining that prices paid are reasonable and fair. The Agency may require an appraisal by an independent appraiser or Agency employee in order to validate the price to be paid. 15. Svstcre� I'ulicics, Procer��res. Contracts, and Aerecmcnts —The facility must be operated on a sound business plan. You must adopt policies, procedures, and/or ordinances outlining the conditions of service and use of the proposed system. Mandatory connection policies should be used where enforceable. The policies, procedures, and/or ordinances must contain an effective collection policy for accounts not paid in full within a specified number of days after the date of billing. They should include appropriate late fees, specified timeframes for disconnection of service, and reconnection fees. A draft of these policies,procedures, and/or ordinances must be submitted for Agency review and concurrence, along with the documents below, before closing instructions may be issued unless otherwise stated. a. Conflict of Interest Policy—Prior to obligation of funds, you must certify in writing that your organization has in place an up-to-date written policy on conflict of interest. The policy will include, at a minimum: (1) a requirement for those with a conflict or potential conflict to disclose the conflict/potential conflict; (2) a clause that prohibits interested members of the applicant's governing body from voting on any matter in which there is a conflict, and(3) a description of the specific process by which the governing body will manage identified or potential conflicts. You must also submit a disclosure of planned or potential transactions related to the use of Federal funds that may constitute or present the appearance of personal or organizational conflict of interest. Disclosure must be in the form of a written letter signed and dated by the applicant's official. A negative disclosure in the same format is required if no conflicts are anticipated. Sample conflict of interest policies may be found at the National Council of Nonprofits website, https://www.councilofnonnrofits.or�/tools-resources/conflict-of-interest, or in Internal Revenue Service Form 1023, Appendix A, "Sample Conflict of Interest Policy," at htt�:llwww,irs.�ovint�blit•s-pol7i 1423.��df: Though these examples reference non-profit corporations, the requirement applies to all types of Agency borrowers. Assistance in developing a conflict of interest policy is available through Agency- contracted technical assistance providers if desired. Fully executed copies of any policies,procedures, ordinances, contracts, or agreements must be submitted prior to loan closing, with the exception of the conflict of interest policy, which must be in place prior to obligation of funds. 16. Closin� lnstructinns —The Agency will prepare closing instructions as soon as the requirements of the previous paragraphs are complete, as well as a draft of the security instrument(s). Closing instructions must be obtained prior to advertising for bids. 17. Interim Financin�—For all loans exceeding $500,000, where loan funds can be borrowed at reasonable interest rates on an interim basis from commercial sources for the construction period, such interim financing will be used to preclude the necessity for multiple 83 s� advances of Agency loan funds. You must provide the Agency with a copy of the interim loan financing agreement for review prior to advertising for bids. The Agency approving official may make an exception when interim financing is cost prohibitive or unavailable. Grant funds from the Agency will be disbursed by multiple advances through electronic transfer of funds after interim financing or Agency loan funds are expended, in accordance with RUS Instruction 1780.45. 18. Construction Account—You must establish a construction account for all funds related to the project. Construction funds will be deposited with an acceptable financial institution or depository that meets the requirements of 31 CFR Part 202. A separate account will not be required for Federal funds and other funds; however, the recipient must be able to separately identify, report, and account for all Federal funds, including the receipt, obligation and expenditure of funds. Financial institutions or depositaries accepting deposits of public funds and providing other financial agency services to the Federal Government are required to pledge adequate, acceptable securities as collateral, in accordance with 31 CFR Part 202. All funds in the account will be secured by a collateral pledge equaling at least 100% of the highest amount of funds expected to be deposited in the construction account at any one time. Your financial institution can provide additional guidance on collateral pledge requirements. Agency funds will be disbursed into the borrower's depository account through an electronic transfer system. SF 3881, "ACH Vendar/Miscellaneous Payment Enrollment Form,"must be completed and submitted to the Agency prior to advertising for bids. 19. Svstem Users—This letter of conditions is based upon your indication at application that there will be at least 18 residential users on the existing system when construction is completed. Before the Agency can agree to the project being advertised for construction bids, you must certify that the number of users indicated at application are currently using the system or signed up to use the system once it is operational. If the actual number of existing and/or proposed users that have signed up for service is less than the number indicated at the time of application, you must provide the Agency with a written plan on how you will obtain the necessary revenue to adequately cash flow the expected operation, maintenance, debt service, and reserve requirements of the proposed project (e.g., increase user rates, sign up an adequate number of other users, reduce project scope, etc.). Similar action is required if there is cause to modify the anticipated flows or volumes presented following approval. If you are relying on mandatory connection requirements, you must provide evidence of the authorizing ordinance or statute along with your user certification. 20. �ther F�ndin�—Prior to advertising for bids, you must provide evidence of applicant contributions and approval of other funding sources. This evidence should include a copy of the commitment letter from each source. 21. �'ronosed Qneratir�� 13uci�et —You must establish and/or maintain a rate schedule that provides adequate income to meet the minimum requirements for operation and maintenance (O&M), debt service, and reserves. Prior to advertising for bids, you must submit a proposed 84 ss annual operating budget to the Agency which supports the operation, maintenance, debt service, and reserves, as well as your proposed rate schedule. The operating budget should be based on a typical year cash flow after completion of the construction phase and should be signed by the appropriate official of your organization. Form RD 442-7, "Operating Budget," or similar format may be utilized for this purpose. It is expected that O&M will change over each successive year and user rates will need to be adjusted on a regular basis. Technical assistance is available at no cost to help you evaluate and complete a rate analysis on your system. This assistance is available free to your organization. If you are interested please contact our office for information. 22. 1'ermits —The owner or responsible party will be required to obtain all applicable permits for the project, prior to advertising for bids. The consulting engineer must submit written evidence that all applicable permits required prior to construction have been obtained with submission to the Agency of the final plans, specifications, and bid documents. 23. V�lnera6ilitv A�sessmentlCxnei•�encv Resnonse Plan (YAI�RP] —The Agency requires all financed water and wastewater systems to have a VA/ERP in place. Borrowers with existing systems must provide a certification that a VA/ERP has been completed prior to advertising for bids. The VA/ERP documents themselves are not submitted to the Agency. The VA/ERP must address potential impacts from natural disasters and other emergency events. In particular, it should include plans to address impacts of flash flooding in areas where severe drought or wildfires occur. The documents should be reviewed and updated every three years at a minimum. For new systems, see Section V of this letter of conditions. For VA/ERP requirements throughout the life of the loan, see Section VII. Technical assistance at no cost is available in preparing these documents. 24. Bid Authorization - Once all the conditions outlined in Section III of this letter have been met, the Agency will authorize you to advertise the project for construction bids. Such advertisement must be in accordance with applicable State statutes. SI;GTIDN IV - R�QUIRCMENTS PRIOR TO START OF CONSTRUCTION 25. F3id Taf�ula#��n —Immediately after bid opening, you must provide the Agency with the bid tabulation and your engineer's evaluation of bids and recommendations for contract awards. If the Agency agrees that the construction bids received are acceptable, adequate funds are available to cover the total project costs, and all the requirements of Section III of this letter have been satisfied, the Agency will authorize you to issue the Notice of Award. a. Cost n�erruns. If bids are higher than expected, or if unexpected construction problems are encountered, you must utilize all options to reduce cost overruns. Negotiations, redesign, use of bidding alternatives, rebidding or other means will be considered prior to commitment of subsequent funding by the Agency. Any requests for subsequent funding to cover cost overruns will be contingent on the availability of funds. Cost overruns exceeding 20% of the development cost at time of loan or grant approval or where the 85 ss scope of the original purpose has changed will compete for funds with all other applications on hand as of that date. b. Excess Funds. If bids are lower than anticipated at time of obligation, excess funds must be deobligated prior to start of construction except in the cases addressed in this paragraph. In cases where the original PER for the project included items that were not bid, or were bid as an alternate, the State Office official may modify the project to fully utilize obligated funds for those items. Amendments to the PER, ER, and letter of conditions may be needed for any work not included in the original project scope. In all cases,prior to start of construction, excess funds will be deobligated, with grant funds being deobligated first. Excess funds do not include contingency funds as described in this letter. 26. Cantra�# lte�iew— Your attorney will certify that the executed contract documents, including performance and payment, if required, are adequate and that the persons executing these documents have been properly authorized to do so in accordance with RUS Instruction 1780.61(b). Once your attorney has certified that they are acceptable, the contract documents will be submitted to the Agency for its concurrence. The Notice to Proceed cannot be issued until the Agency has concurred with the construction contracts. 27. Fin:�l Ki�hts-vf-Wav —If any of the rights-of-way forms listed previously in this letter contain exceptions that do not adversely affect the suitability, successful operation, security value, or transferability of the facility, the approving official must provide a written waiver prior to the issuance of the Notice to Proceed. For projects involving the acquisition of land, you must provide evidence that you have clear title to the land prior to the issuance of the Notice to Proceed. 28. Insurance and Bonding Requirements - Prior to the start of construction or loan closing, whichever occurs first, you must acquire and submit to the Agency proof of the types of insurance and bond coverage for the borrower shown below. The use of deductibles may be allowed, providing you have the financial resources to cover potential claims requiring payment of the deductible. The Agency strongly recommends that you have your engineer, attorney, and insurance provider(s)review proposed types and amounts of coverage, including any exclusions and deductible provisions. It is your responsibility and not that of the Agency to assure that adequate insurance and fidelity or employee dishonesty bond coverage is maintained. a. General Liability Insuranee—Include vehicular coverage. b. Workers' Compensation—In accordance with appropriate State laws. c. Fidelity or Employee Dishonesty Bonds —Include coverage for all persons who have access to funds, including persons working under a contract or management agreement. Coverage may be provided either for all individual positions or persons, or through blanket coverage providing protection for all appropriate workers. During construction, each position should be bonded in an amount equal to the maximum amount of funds to be under the control of that position at any one time. The coverage may be increased during construction based on the anticipated monthly advances. After construction and throughout the life of the loan,the amount of coverage must be for at least the total 86 so annual debt service of all outstanding Agency loans. The Agency will be identified in the fidelity bond for receipt of notices. Form RD 440-24, "Position Fidelity Schedule Bond," or similar format may be used. d. National Flood Insurance - If the project involves acquisition or construction in designated special flood or mudslide prone areas, you must purchase a flood insurance policy at the time of loan closing. e. Real Property Insurance—Fire and extended coverage will normally be maintained on all structures except reservoirs, pipelines and other structures if such structures are not normally insured, and subsurface lift stations except for the value of electrical and pumping equipment. The Agency will be listed as mortgagee on the policy when the Agency has a lien on the property. Prior to the acceptance of the facility from the contractor(s), you must obtain real property insurance (fire and extended coverage) on all facilities identified above. Insurance types described above are required to be continued throughout the life of the loan. See Section VII. 29. lnitial Cnmriliancc Rc�view —The Agency will conduct an initial compliance review of the borrower prior to loan closing or start of construction, whichever occurs first, in accordance with 7 CFR 1901, Subpart E. S�CTI[lN V— RCpUl1�CMCNTS PRIOR TO LOAN CLOSING a. (Interitn Financin�) Interim financing is being used. Loan closing will occur near the end of construction when interim funds are about to be completely disbursed. Documents detailed above from Sections II and III regarding security, electronic payments (Form 3550-28), and system policies, procedures, contracts, and agreements must be adopted and/or executed and submitted to the Agency prior to loan closing. In addition, the following items are required prior to closing: 31. Vulnerabili#v AssessrnentlFmer�encv Resnanse Plar� �VAIE1t}'} —The Agency requires all financed water and wastewater systems to have a VA/ERP in place. New water or wastewater systems must provide a certification that an ERP is complete prior to the start of operation, and a certification that a VA is complete must be submitted within one year of the start of operation. Borrowers with existing systems must provide a certification that a VA and ERP are completed prior to authorization to advertise for bids. The VA/ERP documents are not submitted to the Agency. Technical assistance is available in preparing these documents at no cost to you. The VA/ERP must address potential impacts from natural disasters and other emergency events. In particular, it should include plans to address impacts of flash flooding in areas where severe drought or wildfires occur. The documents should be reviewed and updated every three years at a minimum. 32. Qthcr Requii•ements—All requirements contained in the Agency's closing instructions, as well as any requirements of your bond counsel and/or attorney, must be met prior to loan closing. a. St�stem for Award Manaeement. You will be required to maintain a Dun and Bradstreet Data Universal Numbering System (DLJNS) number and maintain an active 87 91 registration in the System for Award Management(SAM) database. Renewal can be done on-line at: �7ttp:llsam.�.ay. This registration must be renewed and revalidated every twelve (12) months for as long as there are Agency funds to be expended. See Appendix A. To ensure the information is current, accurate and complete, and to prevent the SAM account expiration, the review and updates must be performed within 365 days of the activation date, commonly referred to as the expiration date. The registration process may take up to 10 business days. (See 2 CFR Part 25 and the "Help" section at httq:llsam.s:o�). b. Li�i�atian. You are required to notify the Agency within 30 days of receiving notification of being involved in any type of litigation prior to loan closing or start of construction, whichever occurs first. Additional documentation regarding the situation and litigation may be requested by the Agency. c. Certified Onerator. Evidence must be provided that your system has or will have, as defined by applicable State or Federal requirements, a certified operator available prior to the system becoming operational, or that a suitable supervisory agreement with a certified operator is in effect. SECTION VI—REOUIREMENTS DURING CONSTRUCTION AND POST CONSTRUCTION 33. �esident Insnectvr{s} —Full-time inspection is required unless you request an exception. Such requests must be made in writing and the Agency must concur with the request. Inspection services are to be provided by the consulting engineer unless other arrangements are requested in writing and concurred with by the Agency. A resume of qualifications of any resident inspector(s)will be submitted to the owner and Agency for review and concurrence prior to the pre-construction conference. The resident inspector(s)must attend the pre-construction conference. 34. Precanstructinn Cnnference—A preconstruction conference will be held prior to the issuance of the Notice to Proceed. The consulting engineer will review the planned development with the Agency, owner, resident inspector, attorney, contractor, other funders, and other interested parties, and will provide minutes of this meeting to the owner and Agency. 35. Insnectiuns - The Agency requires a pre-construction conference, pre-final and final inspections, and a warranty inspection. Your engineer will schedule a warranty inspection with the contractor and the Agency before the end of the one-year warranty period to address and/or , resolve any warranty issues. The Agency will conduct an inspection with you of your records management system at the same time, and will continue to inspect the facility and your records system every three years for the life of the loan. See Section VII of this letter. 36. Ch�n�c�rciers —Prior Agency concurrence is required for all Change Orders. 88 s2 37. Pavments —Prior Agency concurrence is required for all Invoices and Partial Payment Estimates before Agency funds will be released. Requests for payment related to a contract or service agreement will be signed by the owner, project engineer, and contractor or service provider priar to Agency concurrence. Invoices not related to a construction contract or service agreement will include the owner's written concurrence. 38. Use of Rerr�ainin� Funcls —Applicant contribution and connection or tap fees will be the first funds expended in the project, followed by non-Agency sources of funds. Remaining funds may be considered in direct proportion to the amounts obtained from each source and handled as follows: a. Remaining funds may be used for eligible loan and grant purposes, provided the use will not result in major changes to the ori�inal scope of work and the purpose of the loan and grant remains the same. b. Grant funds not expended for authorized purposes will be cancelled (de-obligated) within 180 days of final completion of project. Prior to actual cancellation, you and your attorney and engineer will be notified of the Agency's intent to cancel the remaining funds and given appropriate appeal rights. c. Loan funds that are not needed will be cancelled (de-obligated) prior to loan closing. 39. Teehnical, Mana�ez•ial and Financial Canacitv - It is required that members of the Board of Directors, City Council members, trustees, commissioners and other governing members possess the necessary technical, managerial, and financial capacity skills to consistently comply with pertinent Federal and State laws and requirements. It is recommended members receive training within one year of appointment or election to the governing board, and a refresher training for all governing members on a routine basis. The content and amount of training should be tailored to the needs of the particular individual and the utility system. Technical assistance providers are available to provide this training for your organization, often at no cost. Contact the Agency for information. , 40. Renar#ir�� Reauirements Relat�� to Exnen�iture of�unds a. Financial Audit—An annual audit under the Single Audit Act is required if you expend $750,000 or more in Federal financial assistance per fiscal year. The total Federal funds expended from all sources shall be used to determine Federal financial assistance expended. Expenditures of interim financing are considered Federal expenditures. All audits are to be performed in accordance with 2 CFR Part 200, as adopted by USDA through 2 CFR Part 400. Further guidance on preparing an acceptable audit can be obtained from the Agency. The audit must be prepared by an independent licensed Certified Public Accountant, or a State or Federal auditor if allowed by State law, and must be submitted within 9 months of your fiscal year end. If an audit is required, you must enter into a written agreement with the auditor and submit a copy to the Agency prior to the advertisement of bids. The audit agreement may include terms and conditions that the borrower and auditor deem appropriate; however, the agreement should include the type of audit to be completed, the time frame in which the audit will be completed, and how irregularities will be reported. 89 93 b. Ren�rtir��Su�aawards and Executi�e Comnensation —You as a recipient of Federal funds and your first-tier contractors are required by 2 CFR Part 170 to report disbursements to subrecipients in accordance with Appendix B of this letter and www.f5�•s.�c�G�. Your Agency processing office can provide more information. SECTION VII—SERVICII�iG REQUIREMENTS DURING THE TERM OF THE LOAN 41. Prepavment and Cxtra Pav►nents - Prepayments of scheduled installments, or any portion thereof, may be made at any time at the option of borrower, with no penalty. Security instruments, including bonding documents, must contain the following language regarding extra payments, unless prohibited by State statute: Prepayments of scheduled installments, or any portion thereof, may be made at any time at the option of borrower. Refunds, extra payments and loan proceeds obtained from outside sources for the purpose of paying down the Agency debt, shall, after payment of interest, be applied to the installments last to become due under this note and shall not affect the obligation of borrower to pay the remaining installments as scheduled in your security instruments. 42. Graciva#ian - By accepting this loan, you are also agreeing to refinance (graduate) the unpaid loan balance in whole, or in part, upon request of the Government. If at any time the Agency determines you are able to obtain a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms, you will be requested to refinance. Your ability to refinance will be assessed every other year for those loans that are five years old or older. 43. Sccuritvl4neratiana� lns�rertions —The Agency will inspect the facility and conduct a review of your operations and records management system and conflict of interest policy every three years for the life of the loan. You must participate in these inspections and provide the required information. 44. Annual Financial Nenortin�lAudit Requirements —You are required to submit an annual financial report at the end of each fiscal year. The annual report will be certified by the appropriate organization official, and will consist of financial information and a rate schedule. Financial statements must be prepared on the accrual basis of accounting in accordance with generally accepted accounting principles (GAAP), and must include at a minimum a balance sheet and income and expense statement. The annual report will include separate reporting for each water and waste disposal facility, and itemize cash accounts by type (debt service, short- lived assets, etc.) under each facility. All records, books and supporting material are to be retained for three years after the issuance of the annual report. Technical assistance is available at no cost with preparing financial reports. The type of financial information that must be submitted is specified below: � a. Audits—An annual audit under the Single Audit Act is required if you expend $750,000 or more in Federal financial assistance per fiscal year. The total Federal funds expended 90 sa from all sources shall be used to determine Federal financial assistance expended. Expenditures of interim financing are considered Federal expenditures. All audits are to be performed in accordance with 2 CFR Part 200, as adopted by USDA through 2 CFR Part 400. Further guidance on preparing an acceptable audit can be obtained from the Agency. It is not intended that audits required by this part be separate and apart from audits performed in accordance with State and local laws. To the extent feasible, the audit work should be done in conjunction with those audits. The audit must be prepared by an independent licensed Certified Public Accountant, or a State or Federal auditor if allowed by State law, and must be submitted within 9 months of your fiscal year end. If an audit is required, you must enter into a written agreement with the auditor and submit a copy to the Agency prior to the advertisement of bids. The audit agreement may include terms and conditions that the borrower and auditor deem appropriate; however, the agreement should include the type of audit or financial statements to be completed, the time frame in which the audit or financial statements will be completed, what type of reports will be generated from the services provided, and how irregularities will be reported. b. Financial Statements—If you expend less than$750,000 in Federal financial assistance per fiscal year, you may submit financial statements in lieu of an audit which include at a minimum a balance sheet and an income and expense statement. You may use Form RD 442-2, "Statement of Budget, Income and Equity," and 442-3, `Balance Sheet," or similar format to provide the financial information. The financial statements must be signed by the appropriate borrower official and submitted within 60 days of your fiscal year end. c. Quarterly Reports—Quarterly Income and Expense Statements will be required until the processing office waives this requirement. You may use Form RD 442-2 or similar format to provide this information, and the reports are to be signed by the appropriate borrower official and submitted within 30 days of each quarter's end. The Agency will notify you in writing when the quarterly reports are no longer required. 45. Annual Buci�et and Proiccted Cash Flnvs� - Thirty days prior to the beginning of each fiscal year, you will be required to submit an annual budget and projected cash flow to this office. With the submission of the annual budget, you will be required to provide a current rate schedule, and a current listing of the Board or Council members and their terms. The budget must be signed by the appropriate borrower official. Form RD 442-2 or similar format may be used. Technical assistance is available at no cost to help you evaluate and complete a rate analysis on your system, as well as completing the annual budget. If you are interested, please contact our office for information. 46. Vulnerabilitv AssessmentlEmer�cncv Resnonse Plan (VA/ERP)—You will be required to submit a certification to the servicing office every three years that the VA/ERP is current and covers all sites related to the facility. The documents themselves are not submitted 91 95 to the Agency. The VA/ERP must address potential impacts from natural disasters and other emergency events. In particular, it should include plans to address impacts of flash flooding in areas where severe drought or wildfires occur. The documents should be reviewed and updated every three years at a minimum. 47. Insurance. You will be required to maintain insurance on the facility and employees as previously described in this letter for the life of the loan. 48. Statutory and Natinnal Policv Requirements—As a recipient of Federal funding, you are required to comply with U.S. statutory and public policy requirements, including but not limited to: a. Section 504 of the Rehabilitation Act of 1973 —Under Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), no handicapped individual in the United States shall, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Agency financial assistance. b. Civil Rights Act of 1964—All borrowers are subject to, and facilities must be operated in accordance with, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq•) and 7 CFR 1901, Subpart E, particularly as it relates to conducting and reporting of compliance reviews. Instruments of conveyance for loans and/or grants subject to the Act must contain the covenant required by Paragraph 1901.202(e) of this Title. c. The Americans with Disabilities Act (ADA) of 1990—This Act (42 U.S.C. 12101 et se�c.) prohibits discrimination on the basis of disability in employment, State and local government services, public transportation, public accommodations, facilities, and telecommunications. d. Age Discrimination Act of 1975—This Act(42 U.S.C. 6101 et seq•) provides that no person in the United States shall on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. e. Limited English Proficiency (LEP) under Executive Order 13166 - LEP statutes and authorities prohibit exclusion from participation in, denial of benefits of, and discrimination under Federally-assisted and/or conducted programs on the ground of race, color, or national origin. Title VI of the Civil Rights Act of 1964 covers program access for LEP persons. LEP persons are individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. These individuals may be entitled to language assistance, free of charge. You must take reasonable steps to ensure that LEP persons receive the language assistance necessary to have meaningful access to USDA programs, services, and information your organization provides. These protections are pursuant to Executive Order 13166 entitled, "Improving Access to Services by Persons with Limited English Proficiency" and further affirmed in the USDA Departmental Regulation 4330-005, "Prohibition Against National Origin Discrimination Affecting Persons with Limited English Proficiency in Programs and Activities Conducted by USDA." 92 ss Agency financial programs must be extended without regard to race, color, religion, sex, national origin, marital status, age, or physical or mental handicap. You must display posters (provided by the Agency) informing users of these requirements, and the Agency will monitor your compliance with these requirements during regular compliance reviews. 49. Compliance Reviews and Data Collection—The Agency will conduct regular compliance reviews of the borrower and its operation in accordance with 7 CFR Part 1901, Subpart E, and 36 CFR 1191, Americans with Disabilities Act(ADA) Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act(ABA) Accessibility Guidelines. Compliance reviews will typically be conducted in conjunction with the security inspections described in this letter. If beneficiaries (users) are required to complete an application or screening for the use of the facility or service that you provide, you must request and collect data by race (American Indian or Alaska Native, Asian, Black or African American, White); ethnicity (Hispanic or Latino,Not Hispanic or Latino); and by sex. The Agency will utilize this data as part of the required compliance review. SECTION VIII—REMEDIES FOR NON-COMPLIANCE Non-compliance with the conditions in this letter or requirements of your security documents will be addressed under the provisions of 7 CFR 1782 and other applicable regulations, statutes, and policies. We look forward to working with you to complete this project. If you have any questions, please contact Allison Trujillo at 720-544-2920 or by e-mail at allison.trujillo@co.usda.gov. Sincerely, Allison Trujillo Area Loan Specialist Attachments cc: Community Programs Director Accountant Attorney Bond Counsel Engineer 93 s� ACRONYMS: ABA- Architectural Barriers Act ACH—Automated Clearing House AD—Agriculture Department ADA—Age Discrimination Act CFDA—Catalog of Federal Domestic Assistance CFR—Code of Federal Regulations CPAP—Commercial Programs Application Processing DLJNS —Dun and Bradstreet Data Universal Numbering System EJCDC—Engineers Joint Contract Documents Committee ERP—Emergency Response Plan GAAP—Generally Accepted Accounting Principles LEP—Limited English Proficiency OC—Owner Construction OPS —Owner-Performed Services O&M—Operation and Maintenance PER—Preliminary Engineering Report RD—Rural Development RUS —Rural Utilities Service SAM—System for Award Management SF—Standard Form UCC—Uniform Commercial Code USC—United States Code USDA—United States Department of Agriculture VA—Vulnerability Assessment 94 ss FORMS and BULLETINS: Form AD-3031 "Assurance Regarding Felony Convictions ar Tax Delinquent Status for Corporate Applicants"—Item 29 Internal Revenue Service Form 1023, Appendix A, "Sample Conflict of Interest Policy" - Item 15 Form RD 440-22, "Promissory Note"—Item 5 Form RD 440-24, "Position Fidelity Schedule Bond"—Item 28 Form RD 442-2, "Statement of Budget, Income and Equity"—Items 44 and 45 Form RD 442-3, `Balance SheeY'—Item 44 Form RD 442-7, "Operating Budget"—Item 21 Form RD 442-20, "Right-of-Way Easement"—Item 14 Form RD 442-21, "Right-of-Way Certificate"—Item 14 Form RD 442-22, "Opinion of Counsel Relative to Rights-of-Way"—Item 14 Form RD 1927-9, "Preliminary Title Opinion"—Item 14 Form RD 1927-10, "Final Title Opinion"—Item 27 Form RD 1940-1, "Request for Obligation of Funds"—Pages 1 and 2 Form RD 1942-8, "Resolution of Members or Stockholders"—Item 5 Form RD 1942-46, "Letter of Intent to Meet Conditions"—Page 1 Form RD 3550-28, "Authorization Agreement for Preauthorized Payments"—Items 6 and 30 Form UCC-1, "Financing Statement"—Item 5 Form UCC-lAd, "UCC Financing Statement Addendum"—Item 5 SF 3881, "ACH Vendor/Miscellaneous Payment Enrollment Form"—Items 8 and 18 RUS Bulletin 1780-7, "Legal Services Agreement"—Item 13 RUS Bulletin 1780-9, "Water Users Agreement" - Items 15 and 19 RUS Bulletin 1780-12, "Water and Waste System Grant Agreement"—Page 1 and Item 5 RUS Bulletin 1780-26, "Guidance for the Use of EJCDC Documents on Water and Waste Projects with RUS Financial Assistance"—Items 11 and 12 RUS Bulletin 1780-27, "Loan Resolution (Public Bodies)"—Item 5 RUS Bulletin 1780-28, "Loan Resolution Security Agreement"—Item 5 95 ss Appendix A 2 CFR Part 25 SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER REQUIREMENTS A. Requirement for System for Award Management Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another appendix. 8. Requirement for unique entity identifier If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this appendix) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity unless the entity has provided its unique entity identifier to you. C. Definitions For purposes of this appendix: 1. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at t�ttt�:llww4v.sam.�,a�•]. 2. Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3. Entity, as it is used in this appendix, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and 96 100 e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.330). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. [75 FR 55673, Sept. 14, 2010, as amended at 79 FR 75879, Dec. 19, 2014; 80 FR 54407, Sept. 10, 2015] 97 101 Appendix B 2 CFR Part 170 Renorting Subawards and Executive Comnensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this appendix, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this appendix). 2. Where and when to report. i. You must report each obligating action described in paragraph a.l. of this appendix to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action listed in the submission instructions posted at http://www.fsrs.gov. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your ' five most highly compensated executives for the preceding completed fiscal year, if— i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of 98 102 the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.l. of this appendix: i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this appendix, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act(and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of � the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.l. of this appendix: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year(i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions 99 103 If, in the previous tax year, you had gross income, from all sources, under$300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this appendix: 1. Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. _ .210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you(the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 100 104 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. i i i. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation(e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. [75 FR 55669, Sept. 14, 2010, as amended at 79 FR 75879, Dec. 19, 2014] 101 105 TABLE OF CONTENTS SECTION I - PROJECT DETAIL 1. Project Description 2. Project Funding 3. Project Budget SECTION II—LOAN AND GRANT TERMS 4. Repayment 5. Security 6. Electronic Payments 7. Construction Completion Timeframe 8. Disbursement of Agency Funds 9. Reserves SECTION III—REQUIREMENTS PRIOR TO ADVERTISING FOR BIDS 10. Environmental Requirements 11. Engineering Services 12. Contract Documents, Final Plans and Specifications 13. Legal Services 14. Property Rights 15. System Policies, Procedures, Contracts, and Agreements 16. Closing Instructions 17. Interim Financing 18. Construction Account 19. System Users 20. Other Funding 21. Proposed Operating Budget 22. Permits 23. Vulnerability Assessment/Emergency Response Plan(VA/ERP) 24. Bid Authorization SECTION IV- REQUIREMENTS PRIOR TO START OF CONSTRUCTION 25. Bid Tabulation 26. Contract Review 27. Final Rights-of-Way 28. Insurance and Bonding Requirements 29. Form AD-3031 30. Initial Compliance Review 102 106 SECTION V—REQUIREMENTS PRIOR TO LOAN CLOSING 31. Vulnerability Assessment/Emergency Response Plan(VA/ERP) 32. Other Requirements SECTION VI—REQUIREMENTS DURING CONSTRUCTION AND POST CONSTRUCTION 33. Resident Inspector(s) 34. Preconstruction Conference 3 5. Inspections 36. Change Orders 37. Payments 38. Use of Remaining Funds 39. Technical, Managerial and Financial Capacity 40. Reporting Requirements Related to Expenditure of Funds SECTION VII—SERVICING REQUIREMENTS DURING THE TERM OF THE LOAN 41. Prepayment and Extra Payments 42. Graduation 43. Security/Operational Inspections 44. Annual Financial Reporting/Audit Requirements 45. Annual Budget and Projected Cash Flow 46. Vulnerability Assessment/Emergency Response Plan (VA/ERP) 47. Insurance 48. Statutory and National Policy Requirements 49. Compliance Reviews and Data Collection SECTION VIII—REMEDIES FOR NON-COMPLIANCE Acronyms Forms and Bulletins Appendix A- System for Award Management and Universal Identifier Requirements Appendix B—Reporting Subawards and Executive Compensation Table of Contents Topical Cross-Reference 103 107 TOPICAL CROSS-REFERENCE Kevword Item Section Number Age Discrimination Act 48 VII Agreement, Engineering 11 III Agreement, Lease 15 III Agreement, Legal Services f 13 � III � Agreement, Other 15 III Agreement, Parity/Intercreditor ; 5 �� II � Agreement, Parity/Intercreditor 15 III Agreement, Water/ Sewer User -� 15 ,� III � Americans with Disabilities Act 48, 49 VII � �,.^� . Annual Operating Budget and Projected Cash Flow 45 VII Annual Financial Reporting/Audit Requirements 44 VII Audit(Construction) 40 VI Audit(Servicing) 44 VII Bid Authorization 24 III Bid Tabulation 25 IV Bond, Fidelity 28 IV Bond, Fidelity 47 VII Bond, Revenue and General Obligation 5 II Budget and Projected Cash Flow, Annual Operating 45 VII (Servicing) Budget, Project 3 I Budget, Proposed Operating (Prior to Bid) 21 III Certified Operator 32 V Change Order 36 VI Civil Rights Act of 1964 48 VII Closing Instructions 16 III Compliance Review(Initial) 30 IV Compliance Review(Servicing) 48, 49 VII Conflict of Interest 15 III Conflict of Interest 43 VII Construction Account 18 III Construction Completion Timeframe �; 7 II _ Contract Documents 12 III Contract Documents ' I 26 �_ IV ;� Contract Review 26 IV Contract- Water Purchase/Sewage Treatment '�� 15 � III �` Contracts for Other Services 15 III 104 108 Cost Overruns , :�,,�_ - ,,l�:,, 25 „� N Data Collection 49 VII Debt Service Reserve 9 � II � Disbursement of Agency Funds 5, 7, 8 II Disbursement of Agency Funds 17, 18 �. III � Disbursement of Agency Funds 40 VI Disbursement of Agency Funds Appendix NA B Electronic Payments 4, 6 II Electronic Payments 17, 18 � III � Electronic Payments 30 V English Proficiency, Limited 48 :� VII �� Engineering Agreement 11 III Engineering Fees 3 II Engineering Services 11 III Environmental Requirements 10 III Excess Funds 25 IV Extra Payments 38 VI Extra Payments 41 VII Felony Convictions or Tax Delinquent Status for 29 N Corporate Applicants,Assurance Regarding(Form AD- 3031) Final Plans 12 III Final Plans 22 III Final Title Work (Rights-of-Way) 27 IV Financial Statements 44 VII Financial Statements Appendix NA B Financing Statement 5 II Graduation(Refinancing) 5 II Graduation(Refinancing) 42 VII Inspections (Construction) 35 VI Inspections (Security/Operational) 43, 49 � VII Inspector, Resident 33 IV Insurance and Bonding Requirements (Project) 28 IV Insurance(Servicing) 47 VII Insurance (Servicing) Appendix NA B Insurance, Title 14 III Insurance, Title � 27 �' IV '� Intercreditor Agreement 5 II Intercreditor Agreement - � 15 "�s III �" 105 109 Interest 3 I Interest Rate �� _,�____�,,�_ 4 __ _ II __ Interest Rate 17 III Interim Financing I� 3 .� I � Interim Financing 8 II Interim Financing 17 � III � Interim Financing 30 V Interim Financing 38,40 '� VI � Interim Financing 44 VII Lease Agreement � ; 15 � III � Legal Services 13 III Limited English Proficiency 48 VII Litigation 32 V Loan Term 4 II Non-Compliance NA VIII Operating Budget, Proposed(Prior to Bid) 21 III Operator, Certified 32 V Other Funding SUBJECT NA LINE Other Funding 2 I Other Funding 8 II Other Funding 20 III Parity/Intercreditor Agreement 5 II Parity/Intercreditor Agreement 15 III Payments 4, 6 II Payments 30 V Payments 37 VI Payments 41 VII Payments Appendix NA B Permits 10 II Permits � 22 III � Plans, Final 12 III Plans,Final ��" 22 � III � Positive Program to Encourage Connections 19 III Preconstruction Conference � 34 � � VI � Preliminary Engineering Report 1 I Preliminary Engineering Report 3, 9 II Preliminary Engineering Report 25 - IV Preliminary Title Work(Rights-of-Way) 14 III Prepayment 41 VII 106 110 Project Budget _ _ _ 3 I Project Description 1 I - Project Funding � 2 � I � Property Rights � 14 III Refinancing(Graduation) � 5 � II � Refinancing (Graduation) 42 VII Repayment , � 4 `� II � Rehabilitation Act of 1973 48 VII Remaining Funds, Use of �� f `� 38 �. VI � Remedies for Non-Compliance NA VIII Reporting Subawards and Executive Compensation Appendix NA B Reserves 9 II � Reserves - � � � � � 19, 21 � III � Resident Inspector 34 VI Rights-of-Way, Final 27 IV Rights-of-Way, Preliminary 14 III Quarterly Reports 44 VII Security 5 II Security/Operational Inspections 43,49 VII Service Declination Statement 19 III Sewage Treatment Contract 15 III Short-Lived Assets Reserve 9 II Specifications 12, 22 III Statutory and National Policy Requirements 48 VII System for Award Management 33 V System for Award Management Appendix NA A System Policies, Procedures, Contracts, and Agreements 15 III Technical Assistance 15 III Technical Assistance 21 III Technical Assistance 23 III Technical Assistance , ' 31 �, _ V „� Technical Assistance 39 VI Technical Assistance � 44, 45 � VII � Technical, Managerial and Financial Capacity 39 VI Title Work, Preliminary �, 14 � III � Title Work, Final 27 IV Universal Identifier Appendix NA A User Agreement, Water/ Sewer 15 III Users, System � � � ^�� � 19 � r III � 107 111 Vulnerability Assessment/Emergency Response Plan 23 III Vulnerability Assessment/Emergency Response Plan 31 _ V Vulnerability Assessment/Emergency Response Plan 46 VII Water Purchase Contract 15 III In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity(including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) ar contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at 1�ftp:llwww.ascr.z�sda.�aWl�omnlai��t til'an�: c:usl.t�trn! and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, S W Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: qi•a�ram.i��ta�Ce�,usc3a.�ay. USDA is an equal opportunity provider, employer, and lender. 108 112 USDA -� United States Department of Agriculture October 13, 2016 Frank Lancaster Town of Estes Park PO Box 1200 Denver, CO 80518 RE: Amendment to Letter of Conditions Rural Development Loan: $658,000 Rural Development Grant: $529,000 Dear Mr. Lancaster: Please replace bullets two and three of the Letter of Conditions issued on August 11,2016.All conditions remain the same as the original letter except for the following: 2. Proiect Funding—The Agency is offering the following funding for your project: Agency Loan- $658,000 Agency Grant- $529,000 This offer is based upon the following additional funding being obtained. Applicant Contribution- $18,000 DOLA- $18,000 TOTAL PROJECT FUNDING-$1,223,000 This funding is offered based on the amounts stated above. Prior to loan closing, any increase in non-Agency funding will be applied first as a reduction to Agency grant funds,up to the total amount of the grant, and then as a reduction to Agency loan funds. Any changes in funding sources following obligation of Agency funds must be reported to the processing official. Project feasibility and funding will be reassessed if there is a significant change in project costs after bids are received. If actual project costs exceed the project cost estimates, an additional contribution by the Owner may be necessary. Prior to advertisement for construction bids,you must provide evidence of applicant contributions and approval of other funding sources. This evidence should include a copy of the commitment letter. Agency funds will not be used to pre-finance funds committed to the project from other sources. DFC Bldg.56,Room 2300,PO BOX 25425,Denver,CO 80225,720-544-2920,720�4�4-2987 Colorado Relay(800)659-3656•www.rd.usda.gov/co "USDA is an equal opportunity provider and employer." 109 113 3. Proiect Budget—Funding from all sources has been budgeted for the estimated expenditures as follows: Proiect Costs: Total Budgeted: AdministrationiLegal $36,000 Consttuction $846,000 Contingency $149,100 Engineering Fees $173,900 Includes: Basic Services—PER/ER $29,900 Basic Services—Design -�Post. Const. $93,288 Resident Project Representation(Inspection) $50,712 Independent Lab Services $7,000 Interest-Interim $11,000 TOTAL $1,223,000 Obligated loan or grant funds not needed to complete the proposed project will be deobligated prior to start of construction. Any reduction will be applied to grant funds first. An amended letter of conditions will be issued for any changes to the total project budget. Sincerely, Allison Trujillo Area Loan Specialist 110 114 In accordance with Federal civil rights law and U.S. Department of Agriculture(USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color,national origin, religion, sex, gender identity(including gender expression}, sexual orientation, disability, age,marital status, family/parental status, incoine derived from a public assistance program,political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA(not a11 bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communicarion for program information(e.g., Braille, large print, audiotape,American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at(202)720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at(800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint,complete the USDA Program Discrimination Complaint Form,AD-3027, found online at httn://www.ascr.usda.�ov/comnlaint filin� cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call(866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Departrnent ofAgriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202)690-7442; or (3) email: pro�ram.intake(��usda.�ov. USDA is an equal opportunity provider, employer, and lender. 111 115 �� ` �� ♦ O �` �� � � � a �� � � � � 112 116 I PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 4. ORDINANCE 03-20 CONVERTING THE ESTES VALLEY DEVELOPMENT CODE TO THE ESTES PARK DEVELOPMENT CODE. At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the application. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing open. 2. STAFF REPORT. Review the staff report. 3. PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the Ordinance. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the Ordinance which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the Ordinance. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 113 117 7. SUGGESTED MOTION. Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. 114 118 i Y T��N oF ESTES PARI� Memo • � • � To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Randy Hunt, Community Development Director Dan Kramer, Town Attorney Date: February 11, 2020 RE: ORDINANCE 03-20 CONVERTING THE ESTES VALLEY DEVELOPMENT CODE TO THE ESTES PARK DEVELOPMENT CODE (Mark all that apply) � PUBLIC HEARING � ORDINANCE � LAND USE ❑ CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER QUASI-JUDICIAL ❑ YES � NO Obiective: Review, discuss, and adopt proposed amendment to Estes Valley Development Code. Present Situation: The Intergovernmental Agreement (IGA) for land-use planning between the Town of Estes Park and Larimer County is due to expire at the end of the day on March 31, 2020. Inasmuch as the existing Estes Valley Development Code (EVDC) is authorized by the IGA, the Code needs to be amended to provide that beginning April 1, the Code will be applicable within Town boundaries only. The new nomenclature can be described as the Estes Park Development Code (EPDC). Other specific elements in the EVDC also need modified to reflect the IGA's expiration. For example, the current Estes Valley Planning Commission and Board of Adjustment are both joint bodies, with members appointed by both County and Town governing bodies. It is necessary per Colorado Revised Statutes that a municipality without a joint planning area and code appoint its own Planning Commission and Board of Adjustment. Proposal: The proposed ordinance is relatively simple and straightforward. A "blanket" change in the ordinance basically states that, wherever the Code refers to Estes Valley, the Estes Valley Planning Commission, and similar joint terminology, the language is construed to refer to a Town-only Code, Planning Commission, and the like. 115 119 The ordinance also includes specifics regarding a Town Planning Commission (PC) and Town Board of Adjustment (BoA). (Heretofore, the IGA contained a lot of these specifics.) Details include: • A five-member PC, appointed by Town Board, with six-year terms; • A three-member BoA, appointed by Town Board, with three-year terms; • Other housekeeping matters, such as authority for removal of PC and BoA members and a requirement for approval of bylaws. The ordinance specifies staggered terms of appointment for the BoA so that no single future appointment cycle finds us with all members up for appointment at the same time. There's no parallel language in the Ordinance for the PC, but it is provided for nonetheless because Colorado Revised Statutes require this staggered appointment method for municipal Planning Commissions in general: C.R.S. §31-23-203(3) requires that one-third of the members be appointed for two years, one-third for four years, and one-third for six years. (For a five-person PC, that arithmetic may seem a little squirrelly, but many other municipalities have sorted this out, and staff will be prepared to provide precedents at appointment time on how it's been done.) Another area requiring some detail is the Vacation Home section. Essentially, the language here provides that on April 1, following the closing of our 2020 registration cycle, a specific number of registered Vacation Homes (VHs) will be known and identified within the Town — some in residential zoning districts, others in non-residential zoning. For the residentially zoned VHs, that existing number on April 1 will become the cap. This is somewhat similar to the way the current 588 Valley-wide cap was determined in 2016, except that the 588 was based on a best estimate rather than firm data. Staff believes this April 1 determination is the best path forward so that waitlisted applicants are treated equitably while not allowing the overall VH numbers to grow beyond the existing pool on that date. The ordinance will become effective April 1, 2020. Adoption in February will allow staff, elected and appointed officials, and the public to learn and become familiar with its provisions. Specifically, it will allow time for the Town to advertise for, interview, and appoint new PC members in timely fashion. The goal is to have a quorum of (at least three) appointees ready to meet on schedule on April 21. A parallel hoped-for goal is to appoint at least two BoA members who can meet on schedule on April 7. Advantaqes: • Allows the Town to continue planning and land-use regulatory functions efficiently and timely, while complying with State law and community expectations. Disadvantaqes: • None identified at this time. Action Recommended: Staff recommends that the Estes Park Board of Trustees approve Ordinance 03-20 as drafted. 116 120 Finance/Resource Impact: Unknown, but not likely to be significant. Level of Public Interest High, regarding the IGA and various options for how land-use planning between Town and County would be addressed; low, regarding this specific Ordinance. Sample Motion: I move that the Estes Park Town Board of Trustees approve Ordinance 03-20. Attachments: 1. Ordinance 03-20 Converting the Estes Valley Development Code to the Estes Park Development Code 117 121 ORDINANCE NO. 03-20 AN ORDINANCE CONVERTING THE ESTES VALLEY DEVELOPMENT CODE TO THE ESTES PARK DEVELOPMENT CODE WHEREAS, the Town of Estes Park and the County of Larimer have heretofore established a joint Estes Valley Development Code pursuant to an intergovernmental agreement effective February 1, 2000, and subsequently amended six times; WHEREAS, the Sixth Amendment authorized by the Town and the County extended the term of the intergovernmental agreement to April 1, 2020, at which point it will expire; WHEREAS, the Board of Trustees has determined to retain the provisions of the Development Code as they apply to the jurisdictional limits of the Town, effective upon the expiration of the intergovernmental agreement, until the code can be further amended; and WHEREAS, because the services of the joint planning commission and board of adjustment are set to expire upon the expiration of the intergovernmental agreement, the Board here provides for such a commission and board to serve the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1. In this ordinance, ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2. The Estes Valley Development Code shall be amended by adding underlined material and deleting stricken material, to read as follows: § 1.1 - Title The regulations of this Land Development Code shall be officially known and cited � as the "Land Development Code of the �c+�c `��"�., �^^'���'�^ry +"� Town of Estes Park, Colorado," although it may be referred to hereafter as the "Estes Valley � Development Code," "EVDC" or "this Code." 1 118 122 � 1.13 - Transition to Estes Park Development Code All references in this Code to the Estes Vallev Development Code or the EVDC shall be construed as references to this Code. Notwithstandinq any statement in the Code to the contrarv, this Code shall applv onlv to land and development located within the incorporated limits of the Town of Estes Park, or proposed to be annexed into the Town. Accordinqlv, no matters addressed bv this Code shall require action bv the Board of Countv Commissioners of Larimer Countv, or the staff, boards, or commissions of the Countv. All references to the Estes Vallev Planninq Commission or EVPC shall be construed as references to the Estes Park Planninq Commission. All references to the Estes Vallev Board of Adiustment or BOA shall be construed as references to the Estes Park Board of Adiustment. All references to both Town and Countv officials shall be construed as references solelv to the Town counterpart. The Town Board intends that these references all be updated in a subsequent ordinance. § 2.1 - Code Administration and Review Roles C. Estes Park Planninq Commission The Planninq Commission of the Town of Estes Park shall be orqanized pursuant to part 2 of article 23 of title 31 of the Colorado Revised Statutes. It shall consist of five members who are residents of the Town. For both new terms and vacancies, members shall be appointed bv the Board of Trustees. Bvlaws for the Planninq Commission must be approved bv the Board of Trustees. Removal of a member from the Planninq Commission for inefficiencv, nealect of dutv, or malfeasance in office shall be onlv bv the Board of Trustees. D. Estes Park Board of Adiustment The Board of Adiustment of the Town of Estes Park shall be orqanized pursuant to part 3 of article 23 of title 31 of the Colorado Revised Statutes. It shall consist of three members who are residents of the Town. For both new terms and vacancies, members shall be appointed bv the Board of Trustees. Bvlaws for the Board of Adiustment must be approved bv the Board of Trustees. Removal of a member from the Board of Adiustment for inefficiencv, nealect of dutv, or malfeasance in office shall be onlv bv the Board of Trustees. The resqective terms of the members first appointed shall be for one, two, and three vears. 2 119 123 § 5.1 - SPECIFIC USE STANDARDS B. Vacation Home. 1. All vacation homes shall be subject to the following: a. Annual Operating Registration. (6) Effective December 16, 2016, vacation home operating registrations in residential zoning districts (designated herein as zoning districts E, E-1, R, R-1, � R-2, RE, RE-1, and RM) shall be held at a maximum total ("cap") of� registrations in effect at any given time. This cap shall be reviewed annually by the Planning Commission and governing Boards, in or near the month of April beginning in or near April 2017. Applications received at any time such that their approval would cause the cap to be exceeded shall be held and kept on file in the order they are received and deemed complete by the Town Clerk's Office. Registrations held on such list (the "waitlist") shall be issued during the calendar year as operating registrations may become available. (6.1) Effective at the end of the business dav as determined bv the Town Clerk, April 1, 2020: (i) The number of the cap shall be reset to the number of reqistrations in effect at such time within the Town limits. The number shall include reqistrations within the Town limits that have been accepted off the waitlist due to availabilitv within the preexistinq cap, even if further information, inspection, or other confirmation is necessary before the reaistration becomes complete and effective as an operatinq reqistration. (ii) The cap shall no lonqer applv to reqistrations not within the Town limits. Manaqement of reqistrations outside the Town limits, includinq reqistrations in effect and those held on the waitlist, shall no lonqer be the responsibilitv of the Town, and the Town Clerk shall transmit the information reqardinq such applications to Larimer Countv. (iii) Henceforth the waitlist as manaqed bv the Town shall only include those reaistration applications for properties within the Town limits. (iv) The Town Clerk shall communicate the re-established cap number to the Board. 3 120 124 Section 3. This Ordinance shall take effect and be in force beginning April 1, 2020. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2020 and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 2020. Town Clerk APPROVED AS TO FORM: � Town Attorney 4 121 125 z/Zs/Zo2o Ordinance 03-20 Converting the Estes Valley Development Code to the Estes Park Development Code � Key Points: • "Blanket" changes to text, so that all Estes Valley Dev. Code references are to be construed as references to the "Land Development Code of the Town of Estes Park, Colorado". (EPDC) • Authorizes a newly formed Estes Park Planning Commission, with: • Five members, all Town residents (req. by state law); • Appointed by Board of Trustees; • [Note:Ord.03-20 does not specify length of term, or staggered terms for initial appointment, but state law does: Initial appts.for 2 years,4 years,and 6 years;with terms of 6 years after initial appt.] • Bylaws approved by Board of Trustees; • Removal of PC member for "inefficiency, neglect of duty, or malfeasance in office" only by Board of Trustees. z 126 1 z/Zs/Zo2o Key Points (cont.) : • Authorizes a new Board of Adjustment, with: • Three members, all Town residents; • Other provisions similar to those for the new P.C.; • Staggered initial terms of appointment: 1 year/ 2 years/ 3 years • [Note:Ord.03-20 does not specify length of term after initial appt., but state law does: 3-year terms] 3 Key Points (cont.) : • Vacation Homes: • Current Valley-wide cap in residential districts of 588 registrations will be split between Town and County; • Cap allocated to Town will depend on how many registrations (registered by Mar. 31 + properties that move up from the waitlist following close of 2020 registrations on Mar. 31, acc. to Town Clerk records; • Town will only manage VHs inside Town; County will manage their own VH under rules to be established; • New Town cap will continue to be a fixed number, which staff will relay to Town Board and the community. • Ord. to be effective April 1. Adoption now will allow PC/BoA appts. earlier, following typical Town Board protocols. 4 127 2 z/Zs/Zo2o -.► - = _�.� , _. �� ' . _ � -.�: � � '���o���r ,; ,���' ..�.%:Il.''�-��J ' � �Yj . � � Y�_l,-��� ' � �'���� �� ' �- f/��(.� y�l I i'� • �1 �:�r • - : � ' _-- '��r� 4 -,h�� ' _ ., � � .�� ��;_����,�a:- , .� -:-. ..-��.;.�';��'; i - _� ; ` `%� �• : _ ��,_`' ' " ~ .')�rr `-'�' . i�_� �i ' � � r; .,:�,y- , �_ �.� . ��,��5� �.,, ' . . ,- �rY' �� Yt .; ; - L�_�+� � � �:��l ,r, �' 9 � ��c r*- _ ` \j 4 u � _ -` ^ ' � / 6 _ n Es[esPark � . . . ' —'"..'G=—— . � s_.�_ ._—_ 5 128 3 February 1, 2019 F. O. Stanley and Restrictive Racial Covenants: An Evidentiary Report Prepared by James H. Pickering and Thom Widawski 1. During the summer and fall of 2017 it was alleged in several news stories, one of which was reported on Denver's ABC Channel 7, and then repeated in a letter to the editor of the Estes Park Trail Gazette, that F. 0. Stanley was responsible for a restrictive racial ("whites only") covenant placed during the early 1940s on a lot in the Stanley Heights Subdivision, the 215.5- acre area below and east of the Stanley Hotel. This allegation quickly became an accusation that Freelan Oscar Stanley (1849-1940), long celebrated in Estes Park as an iconic figure, was "essentially . . . a racist"--an accusation repeated as established fact in e-mails to Estes Park's Mayor and members of the Estes Park Board of Trustees. Among the consequences, an August 2018 e-mail to Town Trustees from the Colorado Montana Wyoming State Conference of the NAACP announcing its opposition to "the transformation of the F. O. Stanley home into a museum without providing the proper historical context regarding Stanley's involvement in racially-restrictive covenants on his property." 2. A close look at the available documentary evidence suggests a very different story. 3. The original allegation, as reported in the August 7, 2017 issue of Colorado Politics by staff writer Joey Bunch, can be easily summarized: While researching information on Estes Park native Georgia Graves,1 a talented contralto who performed with the Metropolitan Opera Company, it was discovered that the 3-acre lot in the Stanley Heights subdivision that Georgia Graves and her husband, Howard MacDonald, agreed to purchase from F.O. Stanley on August 31, 1940 came with a racially restrictive covenant. 4. Offered as proof in both the Colorado Politics and Channel 7 stories was a photographic copy of the covenant in question. It reads: "None of said building sites or any part thereof shall at any time be used or occupied by, or sold, leased, or given to any person or persons of any race other than the white race, but this restriction shall not prohibit any of the occupants from 1. Georgia Graves MacDonald(1901-1991)was the youngest of the three daughters of Estes Park farmer William Graves(1865- 1943)and his wife,Delilah(1872-1958). On September 8,1933 she married Howard B.MacDonald(1898-1965)of Yonkers, New York in Loveland. It was a second marriage:her earlier marriage to Frank Service of Estes Park,the son of pioneer grocer Sam Service,who she had married in 1920 while still a conservatory student at Colorado Agricultural College(now CSU),had ended in divorce in February 1927. The MacDonalds subsequently made their home in Yonkers,New York,north of New York City,in the same house in which Howard,a graduate of Yale College,had lived as a child. Georgia Graves,who performed under her maiden name,enjoyed a distinguished musical career. During one two-year period she gave some 120 performances at such venues as New York City's Carnegie Hall and Radio City Music Hall and with the Metropolitan Opera 1 Company,as well as in a number of foreign countries. Her engagement to Frank Service was announced at a well-attended evening party at the Graves home. Estes Park Trail Talk(July 16, 1920),4. having employees who are not of the white race." 5. As the Bunch story noted, on October 2, 1940, "about five weeks" after agreeing to sell the lot in Stanley Heights to Graves and her husband, and 10 days after returning from Estes Park, F. O. Stanley died at his home in Newton, Massachusetts. 6. So much for the accusation. It is clear enough. But what exactly did Georgia Graves MacDonald and her husband agree to, and what did F. 0. Stanley insist upon, in their agreement of August 31, 1940? Ironically, given the seriousness of the accusation, no one seems to have asked. 7. The Stanley Estate Papers in the Colorado State Archives in Denver provide the answer. They contain a copy of the signed 1940 agreement that the MacDonalds made with F. 0. Stanley. It reads in its entirety as follows: This agreement, made this thirty-first day of August, nineteen hundred forty, between F. O.Stanley of the first part and Howard B. MacDonald and Georgia G. MacDonald of the second part, WITNESSETH:the party of the first part having sold to the parties of the second part, Lot#28, in the proposed Town Addition to Estes Park, Colorado,said addition to be known as Stanley Heights,the description of said Lot#28 is as follows: Lot#28 of Stanley Heights Subdivision, Larimer County, Colorado; more particularly described as follows: Beginning at a point whence the West Quarter(W 1/4) of Section nineteen (19),Twp. 5 North, Range 72 West of the 6th P.M., bears S. 53°05'W. a distance of 863.5 feet;thence N. 2°14'W. 228.1 feet;thence N. 10°40' E. 6.7 feet;thence S.89°04' E. 578.9 feet;thence S. 0°56 W. 227.8 feet;thence N 89°04'W,. 568.4 feet to the place of beginning. Containing 3.0 acres more or less. The party of the first part agrees to have city water at the boundary of the lot, also electricity, in the spring or early summer of 1941; also all the roads for ingress and egress will be platted according to the present survey of the new Stanley Heights Subdivision. Specifications and limitations of buildings to be constructed on this property will be in accordance with the Subdivision specifications as now understood by both parties. The purchase price of Lot#28 is$1800.00,of which $200 has been paid this date, receipt of which is hereby acknowledged. The balance of$1600 to be paid by parties of the second part on or before January 1, 1940. No interest on this payment to be charged. In the case of default by party of the first part of any portion of this contract, parties of the second part are to be entitled to full refund of the down payment of$200.00. If parties of the second part do not fulfill the terms of the contract,said down payment of$200.00 will be forfeited. Joint tenancy to this lot to remain in escrow at the Estes Park Bank or to be held by Mr. C. Byron Hall, Estes Park, Colorado. 2 Party of the first part agrees to pay 1940 taxes due in 1941. Abstract to be available to parties of the second part at a reasonable cost,to be paid by parties of the second part. (sgd) C. BYRON HALL, F. 0. STANLEY,Agent Agent for party of the first part (sgd). HOWARD B. MacDONALD, GEORGIA G. MacDONALD Parties of the second part Estes Park, Colorado. (Stanley Estate Papers, Colorado State Archives, File #4489, Page 146. Note: The Stanley Estate Papers are not numbered--the page numbers provided represent the pages as they appear sequentially.) Obvious here is the fact that other than the financial terms, and the commitment by F. 0. Stanley to provide the necessary infrastructure within a year, no conditions of any kind were placed upon the transaction by either party, let alone a racially restrictive covenant. At the time of purchase, the Stanley Heights Subdivision with its 54 lots did not yet legally exist. It was only "proposed." Much of the essential work remained to be done. Water and electricity needed to be brought to "the boundary of the lot" and "all the roads for ingress and egress," while surveyed, had yet to be finally platted (or mapped) and recorded with Larimer County. Moreover, the completion of this infrastructure was not expected until "the spring or early summer of 1941." Preliminary work, the Stanley Estate Papers indicate, had been performed by Edwin W. Wallace (1896-1988), a survey engineer living in Estes Park. Between July 1939 and September 1940 Stanley had employed Wallace to "Survey . . . Stanley Heights (laying out roads, dividing into lots, marking lot corners & preparing preliminary maps" for which he was subsequently paid $749.71 by the Stanley estate. The complexity of Wallace's task is suggested by the 1,034 survey stakes which Stanley himself purchased from the Estes Park Lumber Company between July 8, 1939 and May 3, 1940. See Stanley Estate Papers, Pages 295, 297. 8. How then did a racially restrictive covenant come to be attached to lots sold in the Stanley Heights Subdivision? That too is part of the Stanley story, though the evidence shows that it had nothing to do with F. O. Stanley himself.2 9. Though he had sold the Stanley Hotel to transportation pioneer Roe Emery a decade earlier in October of 1930, at the time of his death, in addition to homes in Estes Park and Newton, F. 0. Stanley still owned almost 1,400 acres of property in Estes Park, most of which was located along Dry Gulch and Devils Gulch roads in the northern part of the Estes Valley. Those properties were subsequently appraised at $57,954.60. They included the large 215.5-acre 2. The core of the Stanley Heights property was the 160.4-acre homestead claim originally filed with the Denver Land Office by one Charles Fowler,whose identity is unfortunately lost to history. On May 4,1876 for$500 Fowler then turned the property 3 over to Theodore Whyte,the Earl of Dunraven's resident agent and overseer,making it part of the Earl's Estes Park holdings which F.O.Stanley and Burton D.Sanborn purchased in 1908. Stanley received sole title from Sanborn in September 1911. See Book 242,Page 285,Office of the Larimer County Clerk and Recorder. hillside parcel that would become Stanley Heights. 10. Oddly enough, considering his wealth, and the fact that he was a widower without children, F. 0. Stanley died "intestate," without a will. But he did have heirs. On July 7, 1941, nine months after his death, nine of these heirs, all but one Stanley's nieces and nephews, entered into a Trust Agreement with the International Trust Company of Denver3 for the purpose of "selling and liquidating" F. O. Stanley's remaining Estes Park holdings. Those holdings were separately listed under Schedule A of the Agreement. Specifically exempted was Lot 28 in what would become the Stanley Heights Subdivision--the 3-acre parcel that Stanley had previously "agreed" to sell to Georgia Graves MacDonald and her husband. This Trust Agreement is filed in Book 743, Pages 239-257 in the office of the Larimer County Clerk and Recorder. (This document, and other County records referenced below, are available on-line and may be viewed through the Easy Access Portal on the Larimer County Clerk and Recorder's Office website.) 11. Under the terms of the Trust Agreement, the Stanley heirs agreed to "release, sell, convey, and quit claim to the Trustee [the International Trust Company] the real estate more particularly described in Schedule A, which is hereto attached" and granted to the Trustee "Full and unrestricted discretionary power and authority to hold, manage, control, sell by contract . . . the property of the trust estate. . . ." Further, it conferred upon the Trustee "every power of management which might be conferred upon a trustee. . . ." The Trust agreement was to run for 20 years after the death of the last heir or "until all the real estate is sold and the last trust property distributed," though it could be terminated at any time by a majority of the heirs (referred to throughout as "the Settlers"). 12. In its subsequent Declaration of October 28, 1948, the International Trust Company made clear what happened next. Acting on the basis of the July 7, 1941 Trust Agreement, it had "caused said real estate to be designated as 'Stanley Heights,' and to be surveyed and divided into streets; and did adopt and declare the restrictions, covenants, conditions, and easements declared hereafter in this Declaration set forth and has heretofore sold and conveyed certain lots in said 'Stanley Heights'. . . . " What follows is the list of restrictions and covenants that the International Trust Company placed upon the sale of the Stanley Heights lots. The 6th condition is the restrictive "whites only" covenant"--exactly as it was reproduced as an illustration for the 2017 Colorado Politics 3. The International Trust Company was one of Denver's most prestigious financial institutions. Located at the corner of 17th and California,in the heart of Denver's financial district("the Wall Street of the West"),the International Trust Company 4 Building,erected in 1912,with its ornate Corinthian columns and rooftop balusters and balustrade,was considered one of the city's architectural treasures. The Company's president was lohn Evans(1884-1966),the grandson of Colorado's territorial governor and a prominent Denverite. Evans was also president of Denver's First National Bank,established in 1865 and located nearby. Under Evans'leadership,the two institutions merged in 1958. Thereafter,the First National Bank became the institution of record for Stanley Heights documents. news story and for the story that appeared on Denver's Channel 7. (LCCR, Book 864, Pages 192- 198). 13. Attached to the 1948 Declaration is a list of the 28 individuals (or couples) who received deeds for lots in Stanley Heights between November 12, 1941 and September 4, 1947. Attached to Lot 28 are the names of Howard B. MacDonald and Georgia G. MacDonald, with the record date of November 12, 1941. Also attached as Exhibit A is the original plat map4 of the Stanley Heights Subdivision. (LCCR, Book 864, Page 198). How the MacDonalds first learned of F. 0. Stanley's proposed subdivision we can only surmise, though Stanley's intentions were clearly known in Estes Park and the project that surveyor Wallace had been working on for more than a year was visible enough to anyone interested. The promise of new and exclusive self-contained subdivision with large lots close to the village of Estes Park clearly had its attractions for those contemplating a vacation home. Moreover, the lot chosen was a choice one. Located on high ground, it came with a particularly fine view. The MacDonalds, then presumably on vacation and paying a visit to Georgia's former hometown (her parents were by then living in nearby Loveland), decided to become early buyers even though, as their contract with Stanley noted, the installation of the necessary utilities and entrance and exit roads was still a year away. The risks were minimal: the required $200 down payment modest, with no interest on the balance. Like many vacation home buyers before and since, the MacDonalds seized the opportunity. 14. As indicated above, the MacDonalds' agreement was negotiated and signed on F. O. Stanley's behalf by Charles Byron Hall (1879-1944), a long-time Stanley employee. Hall had helped build Stanley's Fall River hydroelectric plant beginning in 1908 and then managed that facility for more than 20 years. Over the years, he became Stanley's confidante, and, later, the administrator of both the Flora J. R. Stanley and F. O. Stanley estates. Hall also served as a commissioned agent in the sale of F. O. Stanley's Estes Park holdings. Between 1937 and 1940, Hall handled the sale of some 43 different tracts of Stanley land, totaling $54,403. These included the August 1940 "contract for sale" with the MacDonalds. 15. Though they had reached their agreement with F. 0. Stanley on August 31, 1940, and paid the remaining $1600 owed on their lot on February 21, 1941, the MacDonalds' deed to that property was not legally filed until November 12, 1941. On that date Charles Byron Hall, as the administrator of Stanley's estate, filed an Administrator's Deed (by definition, a legal document that transfers title to the property of an intestate individual) with Larimer County. It included the Larimer County Court order filed two days earlier, on November 10, 1941, and signed by County Judge Harry H. Hartman, directing him as administrator "to perform the Agreement made by the deceased dated August 31, 1940" and "deliver a deed to said grantee." The court order goes on to read: "In the said contract of sale it is provided that specifications and 5 4. This plat map is not dated. It was completed by Carroll H.Coberly of Denver,a well-known consulting engineer,who was undoubtedly hired by the International Investment Company to complete,and perhaps redo,the work that Edwin Wallace had begun. A second plat map("Stanley Heights--Addition B To the Town of Estes Park,Colorado")was completed in October 1945 by Howard F.Smith and recorded with Larimer County on January 1,1946. See LCCR,Book 6,Page 6. limitations of buildings to be constructed on this property will be in accordance with the subdivision specifications as now understood by both parties. . . ." The next paragraph adds that the purchasers, Howard B. and Georgia G. MacDonald, "have agreed that the form of deed, 'Exhibit B,' attached to said petition, is satisfactory to them." (LCCR, Book 734, Pages 337-342).5 16. "Exhibit B" is Hall's Administrator 's Deed, attached to which is the legal description of the Stanley Heights property followed by the six restrictions, including the racial one, that were to apply to its use and development. These restrictions are the same as those that later appear in the 1948 Declaration referenced above. Hall's Administrator's Deed, with these same attachments, is also included in the Stanley Estate Papers, Pages 173-181. They are included with the "PETITION FOR SPECIAL PERFORMANCE OF AGREEMENT FOR SALE OF REAL ESTATE TO HOWARD B. AND GEORGIA G. MACDONALD" which Hall filed with the Larimer County Court on October 4, 1941. Also included, as "Exhibit A," is the original August 31, 1940 contract for sale agreement with the MacDonalds (as reproduced in Section 7, above). 17. What the Administrative Deed makes clear is that in accepting the legal deed to their Stanley Heights lot the MacDonalds also accepted the restrictions that the International Trust Company had imposed on all the lots in the Stanley Heights Subdivision under the broad authority established by the Trust Agreement of July 7, 1941 with the Stanley heirs. 18. Despite evident expectations, lots in the Stanley Heights Subdivision did not sell quickly. Perhaps because of World War II, the next recorded sale did not occur until May 26, 1944. Four more lots were sold that year, all to Dorothy E. Kremser-Stoddard (1891-1960), the only daughter of F. O. Stanley's sister Chansonetta Emmons, and one of the nine Stanley heirs. Interestingly enough, two of her purchases were Lots 27 and 29, located on what is now West Lane. These directly bordered the MacDonald lot on the south and east. On November 22, 1946, Dorothy Kremser-Stoddard also purchased Lots 39, 40, 41, and 42 in the Stanley Heights Subdivision. By December of 1948, she had purchased the MacDonald lot as well. (See LCCR, Book 889, Page 384). These purchases were doubtless seen at the time as investments, for Dorothy Kremser-Stoddard's summer home was located on Lot 25 on Stanley Circle in Estes Park's Little Prospect Subdivision. All of the Kremser-Stoddard lots in Stanley Heights were subsequently sold. Ironically, Lot 28, the lot that has since occasioned so much controversy, was never built on. It has since been combined with Lots 27 and 29. 19. However regrettable and offensive by the standards of our time, the racial restriction put in place by the International Trust Company was considered to be among the best real estate 6 5.While Hall served as Administrator of the Stanley Estate,the legal work on behalf of the Stanley heirs was handled by W. Clayton Carpenter and Thomas Keeley of the Denver law firm of Hughes&Dorsey.Though not the largest in the city,Hughes& Dorsey was considered the so-called"Dean"of Denver's elite Seventeenth Street law firms. It handled legal work for both the International Trust Company and Denver's First National Bank and was conveniently officed on the third floor of the International Trust Company Building. Both of its principals,Clayton 0.Dorsey and Gerald Hughes were sons of United States Senators and the firm itself was considered a force to be reckoned with in Colorado business and political circles. practices of the day both in Colorado and across the United States. Such racial restrictions are found on the property deeds of several Estes Park subdivisions in addition to those originally attached to deeds in Stanley Heights.b Reduced to writing, such restrictions were subtle and made to seem eminently reasonable. Consider, for example, Article 34 of the "Code of Ethics" published by the National Institute of Real Estate Brokers of the National Association of Real Estate Boards in its Real Estate Salesman's Handbook, Second Revised Edition (Chicago 1954). It reads as follows under Part III, Page 25 ("Relations to Customers and the Public"): "Protector of Neighborhood Values. A Realtor should never be instrumental in introducing into a neighborhood a character of property or occupancy, members of any race or nationality, or any individuals whose presence will clearly be detrimental to property values of that neighborhood." 20. Though none should be needed, there is additional exculpatory evidence. Stanley had begun selling off his Estes Park holdings as early as 1913, and, as the agreement with the MacDonalds indicates, continued to do so until the eve of his death. There are literally scores of surviving deeds, including those for the 43 transactions negotiated on Stanley's behalf by Charles Byron Hall between 1937 and 1940. Very few of these carry restrictions; none are of a racial nature. 21. At the time of his death, F. 0. Stanley still owned some 14 lots in the Little Prospect Mountain Subdivision, the area surrounding today's Stanley Circle. This subdivision of single family homes, though smaller in lot size, is not unlike Stanley Heights. First platted on August 11, 1927, its 40 lots were created out of a 107-acre tract of land that had originally belonged to Stanley. The original platting and the initial sale of lots was, however, the work of an entity called the Stanley Corporation, a syndicate of investors that included George Frederick Bond of Estes Park, the younger son of another Estes Park icon, Town founder Cornelius H. Bond. The previous year the Stanley Corporation had agreed to pay F. O. Stanley$800,000 for all his Estes Park holdings. These included not only the Stanley Hotel, but the Stanley power plant on Fall River and the undeveloped land on Little Prospect Mountain. In 1930, after the Stanley Corporation defaulted on its obligations, Stanley successfully went to court and regained title to all his properties, including the lots on Little Prospect. These lots were re-platted by Stanley on July 26, 1937. (See LCCR, Book 5, Page 29). One of those lots, Lot 17, had been sold on July 12, 1937 to Charles Byron Hall, the contract to which, like the one on the lot sold to the MacDonalds, remained outstanding at the time of Stanley's death. The "Agreement for Sale and Purchase of Property," signed by both Stanley and Hall, is included in the Stanley Estate Papers (Page 159). It contains seven terms and conditions that Stanley himself had imposed upon the sale: (1) "that said premises herein 7 conveyed shall not be used for any commercial purposes whatsoever; (2) that not more than one house shall be erected on each acre or portion thereof; (3) that the said house shall have a 6. The original covenants and restrictions on Stanley Heights properties were replaced by a new set without a racial covenant on August 17,1961. See LCCR,Book 1148,Pages 101-110. cement or stone foundation and shall have an exterior of logs, log siding, shingles or stone and of shingles or composition roofing; (4) that only brick or stone chimneys shall be used therein; (5) that the said house shall be equipped with sanitary plumbing; (6) that there shall not be more than one garage for each house and said garage shall conform with the construction of the house; (7) that there shall be no other outbuildings whatsoever." All of these conditions have to do with the buildings to be erected.� Nothing is said about owners themselves, let alone the imposition of a restriction based on race. These exact same conditions are found on the deed for a portion of Lot 21, which Stanley sold to Steve and Nellie Orlasky on June 24, 1938 and on the deed for a portion of Lot 20 that Stanley sold to Eddie Stokes on June 30, 1938. (See LCCR, Book 670, Page 401 and Book 680, Page 277). A search of the deeds to properties in the Little Prospect Mountain Subdivision, it should be added, has failed to reveal any carrying racial covenants.$ 22. Summary and Conclusion: Given what we know about his scores of land transactions in Estes Park over three decades, the idea that F. O. Stanley, weeks before his death, should instruct his agent, Charles Byron Hall, to impose a racial covenant on the sale of a lot to a local celebrity and her husband is on the face of it absurd. Especially so when the lot in question was located in a "proposed" subdivision that had yet to be legally platted. Yet this is precisely the claim that has been made and repeated. What the evidence shows is that the racial covenant found on the deed of the MacDonalds' Stanley Heights lot was not the creation of F. 0. Stanley. Rather, it was imposed by the International Investment Company of Denver, acting under the broad authority granted to it in July 1941 by Stanley's heirs--a full nine months after F. 0. Stanley's death. It was the International Investment Company that having "caused . . . [the] real estate to be designated as 'Stanley Heights,' and to be surveyed and divided into streets," "did adopt and declare the restrictions, covenants, conditions, and easements" on the lots "heretofore sold and conveyed . . . in said 'Stanley Heights."' One of these "restrictions, convents, [and] conditions" was a racially restrictive one. It is our hope that the evidence offered here is sufficient to counter once and for all the unfortunate public accusation that Freelan Oscar Stanley imposed "racially-restrictive covenants on his property." F. 0. Stanley's well-documented generosity to the Town of Estes Park, the community which he adopted and served, is without parallel. His legacy is one that deserves only our admiration and praise. 7. Interesting to note is the fact that Hall's Petition for Specific Performance with the Macdonalds with respect to Lot 28 in Stanley Heights and Hall's Petition for Specific Performance with respect to his own Lot 17 on Little Prospect are found together $ in the Stanley Estate Papers(Pages 173-189). Attached to the former are the six conditions imposed by the International Investment Company,to the latter the seven imposed by F.O.Stanley himself. The comparison is a stark one. 8. See,for example,F.0.Stanley's December 8,1936 deed to Ralph and Ruth Pettit for Lot 19,and F.0.Stanley's November 25, 1937 deed to Della Snell for Lots 1 and 2. LCCR,Book 670,Page 174 and Book 639, Page 490. Copies provided to: Todd Jirsa, Mayor of Estes Park Frank Lancaster, Estes Park Town Administrator Derek Fortini, Director, Estes Park Museum Tom Shamburg, President & CEO, Historic Stanley Home Foundation John Cullen, Stanley Archives, The Stanley Hotel 9