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Home My WebLink AboutPACKET Community Development Committee 2003-12-04r , . AGENDA TOWN OF ESTES PARK COMMUNITY DEVELOPMENT COMMITTEE December 4,2003 8:00 a.m. Preparation date: 11/21/03 *Revision date: 12/1/03 1) MUSEUM/SENIOR CENTER DEPARTMENT a) REPORTS: i) Museum Bi-Monthly Report. ii) Senior Center Bi-Monthly Report. 2) COMMUNITY DEVELOPMENT DEPARTMENT a) ACTION ITEM: i) JANCO Revised Development Agreement to Allow Ownership of Individual Units. b) REPORTS: i) Building Permit Summary. 3) SPECIAL EVENTS a) ACTION ITEM: i) Approval - Street Use for Estes Park Marathon - June 20,2004. NOTE: The Community Development Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. MEMORANDUM To: Community Development Committee From: Betty Kilsdonk Re: Bi-Monthly report Date: December 4,2003 Friends Gift The Friends of the Museum have generously given us $75,000 toward the Museum expansion project. This is $50,000 in addition to the $25,000 from their building fund. The money will be used for interior furnishings and items which were cut from the plans to meet our $350,000 budget; staff is working now on refining the wish list. We have one big ticket item remaining, which is an exterior sign. We would like to refine our ideas, which include coordinating with the Stanley Park Master Plan and to existing Town signage such as at the entryways and the fire station. We would like to come back to the Community Development Committee in February with a proposal. Renovation Activities During the time that we are closed, we will be modifying the Tracks in Time permanent exhibit, exchanging objects and rewording panels and the children's areas. Collections curator Lisel Record had a baby girl on November 25 and will be off until June. The program series will continue as usual. We will be writing grants, assisting with a couple of new fundraisers with the Friends group, and preparing a new temporary exhibit (called Wild Neighbors) which will open next July. Museum Programs and Events December 6 Make an Edible Homestead Kids from 1St~4th grades learn about the Homestead Act of 1862 and make a homestead to take home and snack on. 1 PM -2 PM at the Senior Center. December 17 Mountaineering in Estes Park: Triumphs and Tragedies Book signing for The Ways of the Mountains, Dr. 3\m Pickering's new book published by the Friends of the Museum, 7 PM, Mun. Bldg. Board Rm. December 20 Victorian Christmas Ornament Workshop Senior Center, drop by between 11 AM & 2 PM Estes Park Area Historical Museum October 2003 EPAHM Attendance October 2003 attendance = 767 YTD = 9642 2002 YTD = 9290 EPAHM Programs October attendance by year 10/3 It's Electrifying, EP El. School 22 10/4 Cheley Camp Tour 24 668 653 10/4 Friends Annual Meeting, 166 - 5 = Legion Hall 74 550 .Â·201 10/8 Mountain/Plains Museums 519 r /9 I. L Association, Lakewood 7 a 10/13 Questor Tour, 10 -~ 1~e 1~ 10/18 Shady Ladies, Town Board 4 .1 Room 85 4 9 .t 10/25 Halloween Hullabaloo 270 %12%:1?2 ./ 7- 1 1 1 1 FY FY FY FY FY EPAHM Gallery Attendance .99 '00 '01 '02 '03 by Audience Origin Estes EPAHM Admissions Foreign Park 3% October 2003 = $380 9% YTD = $3897,72% of budget ($5400) with 83% of year lapsed f / boyc 1 Colorado Out of k [ e. J U 4 L / 28% State ~ X 60% 7 I. I . Town of Estes Park Community Development Committee December 4,2003 SENIOR CENTER REPORT DIRECTOR HIRED I was hired in mid-November as the new full time Director for the Senior Center. I have previously worked 14 M years at Prospect Park Living Center as Resident and Family Services Coordinator and 6 M years at MacGregor Ranch as the Education Coordinator. My husband and I have lived in Estes Park since 1980; we have one son in high school. I look forward to bringing both my academic training and professional experience in program management and aging services to the Center. I am currently evaluating existing programs, services and systems at the Center and am getting acquainted with the senior population. I have been previously familiar with a majority of the members from living and working in the community for 23 years. The Board and members have graciously welcomed me to the Center. BOARD OF DIRECTORS The Board of Directors o f Senior Citizens Center, Inc. met December 2,2003 at the Senior Center. The Board listed several areas for discussion and is moving forward in identifying areas for concentration in the Strategic Plans for 2004. Among those areas are public relations and community involvement, membership drive, expansion of activities programming, newsletter support and advertisements, evaluation ofthe Meals on Wheels program, fundraising efforts and plans and transportation issues. The Board has also begun to review applications received for 3 open Director Positions and will vote at their Annual Meeting in January for approval. FOOD SERVICE OPERATION Catering for All Occasions (CAO) continues to provide excellent meals for both the Senior Center and the Meals on Wheels program. Owners Stan and Linda Guzzy continue to receive a warm reception from the seniors in regards to their food and menu choices, quality o f the meals, and their friendliness and service. CAO also remains available to private persons and organizations for catering services. A meal count chart is attached as a tool to monitor the participation in the meals prograrns. MEALS ON WHEELS In November, a Wheels Task Force was established by the Board of Senior Citizens Center, Inc and the previous Director, Jody Thompson. This Task Force, along with myself as Senior Center Director, will begin work in January to evaluate the criteria for area resideng access to the MOW program and make recommendations on the findings. Homebound seniors will continue to receive nutritious meals provided by the Town utilizing a sliding scale policy for meals delivered. The Meals on Wheels program has two volunteers coordinating driver and sub-lists and all route changes. There are currently 23 regular route drivers and over 20 substitute drivers. In 2004, I will be working with the M.O.W. coordinators on developing criteria/instructions for the drivers when they encounter problems or situations with residents, deliveries, etc. THE FACILITY The facility is operating in excellent condition. The irrigation and gardens and landscaping areas will be finished in 2004. The Board of Senior Center, Inc has budgeted for carpet replacement in 2004 as many areas are showing wear and tear. However, I will be assessing the condition of the carpeting prior to any replacements or repairs. The Board has recently installed a new wireless microphone sound system for use in programming and daily activities. FUNDRAISING AND BUDGET I am currently becoming familiar with the established 2003 -2004 Senior Center budget and related processes. I am also reviewing the current grants programs and awards that are in operation to support the Center. The Board of Senior Center, Inc. and the membership remain committed to fundraising efforts to support programs, services and purchases. Besides seeking outside grant support, the Board fundraises in several creative ways. The holiday dinners are an excellent example of a partnership that provides funds for the Center. The meal charge for special events such as the Thanksgiving and Christmas feasts is $6. Ofthat, CAO donates $2 back to the Center as a contribution. The Center continues to sell house signs, Heritage Garden bricks, Holiday memory tree tags among other yearly fundraisers such as buffet breakfasts and special events. The Board has applied to participate in the Duck Race as well. PROGAMS AND ACTIVITIES I have also reviewed existing program offerings at the Center and will be working with the Senior Center Board and membership to obtain ideas and recommendations for expansion of offerings in 2004. The Director and Board will devise methods to obtain member feedback and community input. The Board and membership would like to warmly invite all Town Trustees and the Mayor to functions, meals and activities at the Estes Park Senior Citizens Center. VOLUNTEER HOURS For the year 2003, there have been 3940 hours of service donated to the Center by members and Board ofDirectors. Volunteers have served the center in these areas: reception desk, meals on wheels drivers, Board of Directors, fund raising, newsletter, program and activities, health programs, community liaison activities and senior focus radio programs. The Center depends on its volunteer corps and is thriving on the member supported programs and processes. I will be working closely with the volunteers and the volunteer coordinator to support and encourage successful and meaningful volunteer efforts. SPECIAL TRANSIT PROGRAM The Special Transit bus continues to operate routes in Estes Park 4 days a week. The Special Transit Company is a private non-profit grant funded operation based in Boulder. The company has contacted me to state that there is a need to replace the current bus with a newer model based on maintenance costs. According to Special Transit, approximately $7500 is needed as a contribution from the Estes community to contribute to the cost of the new vehicle. The Board of Senior Center, Inc. contributed $2000 from the proceeds of the buffet breakfasts this year and the Estes Valley Community Foundation has contributed $1500. The remaining balance is $4000 which, according to Special Transit, needs to be raised by December 31, 2003. The Town of Estes Park currently contributes $21,000 to the program and the rest is funded by a federal matching grants program written by Special Transit. PUBLIC RELATIONS I will be working with the Board of Senior Center, Inc. to discuss the current membership level and begin formulating ideas and plans to increase member support. Membership benefits will be evaluated and plans will reflect ways in which the Center can be better marketed, both locally and along the Front Range. The Center does have visitors from area Senior Centers that come for meals during summer months primarily. I will be working with the Education Coordinator from the Museum to discuss cooperative programming ideas that could act as drawing cards and income producing events for both agencies. The Center hopes to foster and enhance community support of activities, fundraisers and general services for the senior population of Estes Park. Report by Lori Mitchell December 1,2003 , 1 . 76 S C= 12 12 R 4- Ee@ * C g g g 52 9 52 9 3 co (0 co 00 O 822 m r-=r tg2W2E% 00* aNNN O 0 CO COCO 5%22:02 0 0 lf) '- 16 2 e K< R N (0 + 0-01-000 S C r -C Â°Â° g K B @N@ 2 6 co 00 4 lON â„¢ OINN 0 H Or- -O FEE g.g~ h cO D crS , Nlo U) . 64 N 00 C) LO O Mr#NOOÂ©61 (D es E 0 N r 1 O N MOO TY,-rr-O')O)00 co * CO 6 0O S r- % / 1 2 &:S N M CO .r g g,6.M.L R co. 26 S C 2% SO 8 0 o E g Wee SEE * Â£ g g ~ti; 0 di 5 3Â·5 10 ir /F 11 & E 3 3 09 N 2 ~ : 2 2 0 0 CN 3 C 10;FU! All , !#0 UO 00.tit uo 09~Â£$ 1998 1999 2000 2002 2003 Total Cl C2 C2 Total Cl C Tota/ Cl C2 Total Cl C2 437 876 558 39 951 689 350 674 349 262 571 231 429 905 695 491 1186 627 305 932 598 264 276 976 429 484 947 513 461 974 656 227 883 527 294 229 923 565 515 1171 705 40 1108 791 424 315 1042 ' 598 244 842 709 2 0 1525 795 427 1222 794 352 281 1134 842 251 1093 939 â‚¬8 98-EX LOE *86 *ZE k OZE *00 L â‚¬ 26Â£ 910L 86kt Zte bg8 0kgt Â£69 ZXOL Z 620X 8ZZ L08 9L6 ZE 908 800K 193 9*Z 1.0â‚¬ L 18* Jeqlual t,ZZ' L k OZZ' L L 98L'EL OBE'E L January 894 573 566 1139 603 215 591 220 691 280 672 318 750 599 514 1113 616 236 852 560 248 ) 606 222 828 515 â‚¬ Lg 8,1 999 068 6Z Z89 016 191 899 kgLt 9Lt Jeqoloo 108 GLE 289 *88 LE *LE 8L9 222 09Z Zkg 090K 91* Â£82 *9Z 6KS 908 8LE 889 LLÂ£ 929 118 681 Â£89 060t 099 OZOE *028 ZELE 8Â£ Le â‚¬OZE 18*8 0699 0692 uogellop palse uo!}euop pe}se6 wo# pesee oui LUOJj pasee OUI Estes Park Senior Center Meal Counts 1998 - 2003 Town of Estes Park Community Development Department Memo TO: Community Development Committee From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: December 1,2003 Subject: JANCO Properties Revised Development Agreement Background. The applicant has requested a revision to the JANCO Development Agreement, which became effective April 6,1999 between the Town and JANCO Properties. This agreement addressed three primary issues: 1. Removal of six dwelling units from Lot 31A and relocation to Lot 32A; 2. Relocation of Stanley Avenue, vacation of former right-of-way and purchase of additional right-of-way; and 3. Town provision of monies for improvements on Lot 32A and 33A in consideration of the owner's agreement to provide low cost rental housing. Removal and relocation of dwelling units has occurred. Relocation of Stanley Avenue with vacation and purchase of right-of-way has also occurred. The Town has provided $12,500 per year for on-site improvements and the owners have improved the site and provided 7 Location Map for 448 Stanley Avenue and low cost rental housing. This development A 519 South Saint Vrain Avenue ' V, .1 ... agreement will continue through June 1 , 2009, *iM 'st,;ley Ive;]Q~/53â€¢~ \?tjl~ JO Hwy 7.S. Sail,1 Viain Ave. with the Town's continued provision of 4 Â£ I ~Â·7.*-IK.ill e y monies, unless the owners opt out after April * t; "4Â© 48 staldey Ave. Ri Â·.jilki woocistock[)[Â· ~ 1,2004 by selling the property. Â·3 . 'RM" Zoi,ing -l\10..11.4597*I*i/34 1 1,2-4A,~ 519 Sailit Vrain Ave. ~ 1 1 *1 l 1-1 The owners are interested in modifying the 'R-2"Zoning L.C_ affordability requirements in this agreement. The current agreement is structured to provide *ic * 229.Iff ~)-2,2->\7.279 1.-\\ , 1 1, i low cost rental housing, with rents for all units 1 J.<. th' 0 1 .Uxrl affordable to households earning fifty percent . ..., 67 N n 'E " z o,Ii .g ..4:/ 17 1 -,~41 S,1111 Vial,1 Lit. I'l of Larimer County Median Income, i.e. very- ~-| All,loâ€ž Pilles Condos ~ Single.Family Resiclential low income households. There are no provisions for individual ownership of the low cost units. The owners are proposing that the three additional units above the twenty-three allowed on the lot be attainable units meeting the Estes Valley Development Code definition of "attainable" and deed restricted as required in the Code. These three attainable units would meet the same requirements as the attainable units at Vista Ridge, i.e. attainable to households earning eighty percent or less median income (low income households). The owners' intent is that the other twenty-three units will also be priced so that they are attainable to low income households. These units would not be deed restricted and not required to be sold to low-income households. Per a conversation with Bill Hanks, at least one local employer has expressed initial interest in purchasing one or more units for employee housing. Staff thinks that selling all units in a price range that is affordable to low-income households, rather then high-end housing, and deed restricting three of the units is in keeping with the spirit of the original development agreement. The owner's proposal that three bonus units be attainable also conforms with staffs proposed code revision, which has been discussed by the Planning Commission, to allow bonus units provided they meet the attainability requirements in the code. Under the current code, the owners have the option of building up to thirty-one units on the lot, provided the affordability requirements in the EVDC are met. The revised agreement is attached along with the original Development Agreement and two amendments. Budget. None. Action. In recognition of the unique agreement the Town entered into with the property owners in 1999 and the owner's desire to honor the spirit of the agreement, staff supports revising the Development Agreement as proposed. â€¢Page 2 Â· Dec'01 03 05:06p Gregort, A White 9706672527 P.2 Gregg H. Coffman, P.C. ATTORNEY A'i'LAW 501 SAINT VRAIN LUIE 1-ELEPI IONE (970) 566Â·5566 SAINT VR/UN CENTER, SUITE 200 TELECOPIER <970) 586-5995 ESTES PARK, COIFRADO 80517 MEMORAN DUM To: Gregg White / Allison Chilcott From: Gregg Coffman Subject: Stanley Avenue Condominiums Date: November 25.2003 1 am faxing a proposed draft of the amendment to the Development Agreement for the Stanley : Avenue Condominiums. Allison has told me this is due December 1", so as to be included for consideration at the next Town Board meeting. Please review and call or fax any comments, etc. Thank you. 1 d 9960&90199 IN/*9:*l 'LS/99:tl Â£002 92 11(301) NOBE Dec 01 03 05:07p Gregory A White 9706672527 P.3 . AMENDMENT TO DEVELOPMENT AGREEMENT THIS AMENDMENT, effective the day of December 2003, by and between 1hc Town of Estes Park. a Municipal Corporation (the "Town") and Hanks Enterprises, Inc. a Colorado Corporation (hereinafter the"Owner"). WITNESSETH: WHEREAS, the Town and Janco Properties of Estes Park, R.L.L.P. entered into a Development Agreement dated April 6,1999, with respect to property located in Estes Park. Colorado, now legally described as: Lots 31A, 32A and 33A of the Amended Plat ofLots 32,33,34,35 and Portions , of Lots 1,31 and 37, White Meadow View Place Addition to the Town of Estes Park, Larimer County (hereinafter the "Property"); and WHEREAS, Owner is the successor in title to the Property. and is subject to the terms of the Development Agreement; and WHEREAS, the parties havc determined to amend said Development Agreement in order to allow Owner to demolish certain existing housing units, and construct new residential condominiums on the Properly NOW THEREFORE, 1N CONSIDERATION OF THE ABOVE RECITATIONS AND THE COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: The Development Agreement dated April 6,1999, as previously amended on June 8, 1999, by and between the Town and Janco Properties of Estes Park, R.L.L,P. (hereinafter the "Development Agreement"), shall be further amended as follows: . 1. It is agreed that Owner is the successor in interest to Janco Properties of Estcs Park, : R.L.L.P.. and that any reference to Owner in the Development Agreement. and any subsequent amendments, shall include Janco Properties of Estcs Park, R.L.L.P. and Hanks Enterprises, Inc. 2.Upon Town approval of the Stanley Avenue Condominium Development Plan. Owner shall be entitled to dcmolish the existing low cost housing units presently located on the Property. Owner may then construct 19 new condominium units (a total of 26 condominium units) on this property. - a c L O- 1 0.'- 0- .-i-h i PL.- aff ,.. iLL.~ O, o Ll,7 -'1- plo- . 2 d 9560990[99'ON/45:41 '16/99:41 6002 98 ll<3A1) 9083 , Ded,01 03 05:07p Gregorv A White 9706672527 P.4 3. Paragraph 10 of the Development Agreement shall bc amended to provide that the low cost housing subsidy shall terminate after the 2003 payment. The balance of paragraph 10 of the Development Agreement is deleted. 4. Owner agrees that not less than 3 of the of the first 23 condominium units constructed on tile Property shall be designated low cost housing units. Low cost housing UnitS shall be sold only to individuals at or below the 80% median income for Larimer County, as shown in thc most recent version of the Colorado 1Iousing and Finance Authority income and rent tables for 30% to 120% of mcdian income for Colorado counties. Further, the price of low cost housing units shall he limited such that assuming 100% of the purchase price is financed at the prevailing mortgage interest rates, the purchaser will be required to devote no more that 40% of available income to principal und interest. Owner agrees that thc 3 condominium units designated as low cost housing units shall be deed restricted for a period of twenty (20) years from the initial sale, Owner and any subscquen[ purchaser shall provide substantiation to the Community Development Department of the Town of Estes Park. or its designecs, verifying the initial and subsequent purchasers' household income. number of individuals in the household, purchase price, and monthly payment for principal and interest 5. Owner may sell the individual condominium units created pursuant to the Stanley Avenue Condominium Development Plan. Pursuant to paragraph 13 of the Development Agreement, the low cost housing restriction on the property shall continue until April 1, 2004. Thercafter, with the exception of the 3 condominium units agreed to be dced restricted as low cost housing units, the Development Agreement shall terminate. TOWN OF ESTES PARK John Baudek, Mayor All-EST: Town Clerk g d 9960990199'ON/45:KI '18/99:*l t002 92 11(3A1) 108.1 Dec 01 03 05:07p Gregorw A White 9706672527 P.5 Hanks Enterprises, Inc., a Colorado Corporation , Allyn W. Hanks. President STATE OF COLORADO ) ) SS. COUNTY OF LARIMER ) Thc foregoing document wis acknowledged by Allyn W. Hanks as President of Hanks Enterprises. Inc. before me this day of December, 2003. Witness my hand and official seal. My commission expires: Notary Public 4 d 9960690199'ON/09:ti -16/99:41 2008 92 ll(301) 1108) ..1 . I Gregg H. Coffman, P.C. ATTORNEY AT LAW fi GREGG H. COFFMAN 601 SAINT VRAIN LANE, SUTTE 200 ESTES PARK. COLORADO 80517 (9701 586-5566 VOICE (970) 686.5995 FAX : November 6,2003 Town o f Estes Park 4 Attn: Community Development i Allison Chilcott Via fax: 586-0249 : Re: Stanley Development Condominiums 1 Dear Allison: f As wc discussed, 1 have received correspondence from Gregory A. White, addressing the densily and related issues of the Stanley Avenue Condominiums. 1 now understand that the Â· current density calculation allows for 17 units, and that the Town docs recognize the 6 units transferred from the north side of Stanley Avenue should be added to this calculation. This yields a total density of 23 units. Mr. White indicated that i f my client wishes to develop additional units, we would either nced to amend the Development Agreement to provide for affordable housing restrictions on thc additional units, or pursue a density bonus based upon obtainable housing. I have reviewed these options with my client, and propose the following: 1. That the Stanley Avenue Development Agreement be amended zo allow my client to cons[rucl a total of 26 condominium units on this property. 2. That my client shall agree that not less than 3 of Ihe 26 units shall be sold to individuals, as affordable housing. The proposed project contains a total of 26 condominium units. The majority of these units are ranch style duplex construction, with varying ftoor plans and living spaces. Some units i have aitached garages, and there is one two story traditional single family structure. Current financial projections indicate that all units (excluding the traditional two story single family dwelling) will bc sold in the St 50.000 to $200.000 price range, depending upon square footagc, floor plan and amenities. tt is further anticipated that this price structure will attract first time home buyers, and other working families of the Estes Park work force. The current use of the property consists of 20 small "maintenance-deferred" and deterioraling cabin struczures, Many of these structures are not suitable for winter occupancy, and utililies are substandard, and in disrcpair. Development of this property contemplates 1~083 A i i / Al. 1 ; demolition of all of these old structures in brder to make way for new construction. Inthc course of this development, all new utilities and access willbe installed. Asa result of the infrastruclure costs in upgrading this property, it is necessary and financially advantageous [o the public, that 1 these costs be spread out over 26 unils. This will allow the developer to price the units in rhe range previously mentioned. Thc ideal target market for purchasers of the UniIS would bc working families within the ] Estes Park area. The location is quite advantageous to families with school age children, duc to thc proximity of schools. The location is also advantageous to scrvc major Estes Park employers, 1 including the Estes Park School District, Park Hospital Dislrict. [he Town of Estes Park and downtown businesses. Because of thcsc amenities, the Developer has been approached by Estes i Park area employers. who have expressed inlerest in purchasing units, to enable them to provide i employee housing. The project documents limit occupancy to "single family residential' in order 1 to avoid dormitory style employee housing arrangements. Based upon initial market interest, the Developer anticipates that some units will bc sold to employers. who will utilive the units afemployee housing. The remainder 01' the units are expected to bc sold to families working in and around Estes Park, In order to obtain the additional 3 units of density (total of 26 condominium units), the Developer is willing to guarantee a minimum of 3 units he sold to indi viduals as low cost housing units. Based upon prior discussions, and the information contained in Mr. White's letter, we understand that there will need to be an amendment to the Development Agreement on this i properly. We propose the following as an amendnictil/addilion to the Development Agreement: A. Upon approval of the Stanley Avcnuc Condominium Development Plan. Owner shall be entitled ll] demcilish the exisling low cost housing units presently located on Lots 32A : and 33A of the amended plat of Lots 32.33. 34.35 and portions of Lot 1,31 and 37, i White Meadowview Place addition to the Town of Estes Park. Owner may then construct 19 new condominium units (a total of 26 condominium units) on this property. 1 . B. Owner agrees that not less than 3 of the condominium units shall bc sold as low cost Â· housing units. Low cost housing units shall be sold only to individuals at or below the R0% median income for Larimer County, as shown in the mos~ recent version ofthe Colorado Housing and Finance Authority income and rent tables for 30% to 120% of j median income for Colorado counties. Further, the price of low cost housing units shall be limited such that assuming 100% of the purchase price is financed at the prevailing 1 mongage interest rates, the purchaser will be required to devote no more that 40% of available income to principal and interest. Owner agrees to provide substantiation to the l'own identifying not less than 3 condominium units sold as low cost housing units, i which shall include proot'of the purchasers household income, the number of individuals i in the household: the purchase price, and monthly payment for principal and interest. ....... 1.- ..,1,1 L.1 1 .10/06.11 0Ani. 0 11(AMI) . *03; 9, C. Paragraph 10 ofthe Developinent Agreement shall be amended to provide that the low cost housing subsidy shall terminate after the 2003 payment and thal the low cost housing shall have to be provided for 5 years, ending April 1,2004. Thc balance of paragraph 10 is deleted. i D. Tt is agreed that Owner may sell the individual condominium units created pursuant to i the Stanley Avenue Condominium Development Plan. Pursuant to paragraph 13 of the Development Agreement. the low cost housing restriction on the property shall continue : until April 1.2004. Thereafter, with ihc exception of the 3 condominium units guaranteed to bc sold as low cost housing units, the Development Agreement shall terminale. Please feel frcc to call me if you have any questions or concerns. We do appreciate your time and attention to this matter. Thank you for your consideration. Sincerely, I :.1 1 24 . b /00/2--I Gregg H, Coffman GHC:sgb kCM4 ht RCPTN'*# 0099088911 1*0/11/1999 10:12:00 # PAGES - 11 FEE - $55.00 MRODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - : $. 00 DEVELOPMENT AGREEMENT:- Â· .Â· ..:-2. A ;" "-~447:84:.,Â·'Â· THIS AGREEMENT, made this ld0' day of.9 ;11 | , 1999, byarid between the Town of Estes Park, a Municipal Corporation (:'the Town") andjANCO Properdes of Estes Park, R.L.L.P., hereinafter collectively re fefred to as the ("Owner"); WITNESSETH: WHEREAS, the Owner owns the real property ("the Property") located within the Town o f Estes Park, as more fully described on Exhibit A attached hereto; and WHEREAS, the Owner has filed an amended plat ("the Amended Plat') with the Town of Estes Park which realigns property lines, and reserves new public right-of-ways and easements, and ~~ WHEREAS, the development of the Property contemplates the relocation of Stanley Avenue, removal and relocation of six dwelling units, vacation of former right-of-way, and Â· . purchase of additional right-of-way by the Town; and WHEREAS, the Town has agreed to provide monies for improvements on the Property in consideration of Owner's agreement to provide low cost housing; and WHEREAS, the parties desire to set forth the approval of the .Amended Plat, the purchase of reserved street right-of-way by the Town, the relocation of Cer(21 dwelling units, the redevelopment of the Property, and the provision of.low cost housing under the terms and conditions of this Development Agreement. NOW THEREFORE, IN CONSIDERATION OF THE ABOVE RECITATIONS ; AND THE COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. Owner has filed the Amended Plat with the Town. 2. Owner shall take all steps necessary to have the final plat of the Amended Plat processed to public hearing before the Board of Trustees of the Town. 3. Owner has already obtained a variance from the Board of Adjustment of the Town on February 9,1999, allowing six dwelling units ("the removed units") to be relocated ("the relocated units") on Lot 32.A of the Arhended Plat, conditioned upon all units on the Amended Plat be low cost housing units (as defined in Paragraph 9 herein), and the Owner enter into a written development agreement with the Town. 4. The Amended Plat contains an approximate 4,000 square foot reservation for future-- right-of-way on the North side of Stanley Avenue contiguous to Lot MA. The 4400 op â‚¬st.Â£8Â£, Po 81 900: E P U 0.0- @61 I. 1 ..... .~g--Amended Plat contains onÂ·the-South side of Stanley.Avenue an approximate 1,365 j. - -- 1 - -- - square foot pircel designated as former right-of-way on the Amended Plat. The Town shall have the option to purchase the reserved right-of-way for the sum of $85,000. To exercise said option the Town must pay to the Owner a sum of $10,000 on or before June l, 1999 and the balance of $75,000 at the time of the exercise of the option. The option shall be good until January 10, 2001. In the event that the Town does not exercise the option on or before January 10,2001, the $10,000 option payment shall be retained by the Owner. If the option is not exercised by the Town, the Town shall qui[ claim any interest it may have in the reserved-right-of-way to the Owner. Upon exercise of the Town's option for the reserved right-of-way, the Owner shall execute a right-of-way deed to the Town deeding the reserved right-of- way to the Town for street purposes free of all liens and encumbrances. 5. Upon exercise o f the option to purchase the reserved right-of way by the Town and the receipt of the right-of-way deed, the Town shall deed the former right-of-way to the then Owner of Lots 33A and 34A of the Amended Plat. The legal descriptions of the area to be trans ferred to each individual lot are set forth on Exhibit B ittached hereto. In the event that the Town does not exercise its option to purchase the reserve right-of-way, the Owner of Lots 33A and 34A of the Amended Plat shall execute a right-of-way deed to the Town for the former right-of-way dedicating the - right-of-way to the Town for street purposes free of all liens and encumbrances. 6. Upon the exercise of the option to purchase the reserved right-of-way by the Town set forth in paragraph 4 above, the Owner shall have six months to remove the two single story framed structures that encroach upon.the reserved right-of-way. Sid removal shall not include underground drinage and utilities located on the reserved right-of-way. I f the option is exercised, the removal.of the structures shall occur either six months from the exercise of the option by the Town to purchase tlie reserved right-of-way or January 10, 2001, whichever shalllast occur. The obligation o f the Owner to remove the units shall only occur if the Town exercises its option to purchase the right-of-way. 7. The Owner shall be entitled to construct the relocated units oIl Lot 32.A of the Amended Plat in the configuration and locations set forth on Exhibit C attached hereto. 8. The Town shall widen Stanley Avenue using the reserved right-of-way purchased by the Town on or before jariuary 10,2002. All costs of the widening of the right-of- way shall be that of tileÂ·Town. 9. As of June 1, 1999, all dwelling units on the Amended Plat shall be low cost housing units for a period of ten (10) years to June 1, 2009. Set forth on Exhibit D attached hereto is a compilation of all dwelling units on the Amended Plat by location, structure type and the rent limitation for each unit based on the 1999 Colorado Housing and Finance Authority Income and Rent Tables for 40%-120% of Median . Income for Colorado Counties for 1999 at the 50% level. The rent for all units shall. be adjusted on or before June ls' of each calendar year based upon the new Income 2 I. . .. :and llent Tables for that.year to reflect.the 50% level.:.On orbeforeJune l'tof.each-rkag:Â£ :-Â·-Â·-Â· yeat, the Owiler shall provide to the Town an annual occupancy report for the previous calendar year showing occupancy levels and rents for all dwelling units on the Amended Plat. The annual occupancy report shall continue for the ten year low cost housing period. 10. In consideration of the provision of low cost housing for the ten years, the Town shall pay to the Owner the sum o f $12,500 per year. The Town shall on or before june 1St of each calendar year pay $12,500 to be used by the Owner for upgrading the low cost housing units including but not limited to replacing rooft, winterizing water lines, and insulating cabins. On or before May 1:t of each year, the Owner shall provide the Town with a budget listing all proposed upgrades. On or before May 1:t of each calendar year, the Owner shall provide the Town with an accounting of the use o f said $12,500 payment by the Owner in the previous calendar year. For the first year, the $12,500 annual payment shall be used by the Owner for actual expenditures in labor and materials for the upgrade of the low-cost housing units. Beginning in the second year, the Owner may use all or a portion of the $12,500 payment to amortize any financing used by the Owner for the purpose of upgrading the low-cost housing units and any remaining pordon for actual expenditures in labor and materials for the upgrade of the low-cost housing units. 11. The rent limitation set forth in paragraph 9 above may be modified by the Owner to pass through utility costs. Said utility cost shall not count against the rent limitations set forth in paragraph 9. The annual occupancy level and Ient report set forth in paragraph 9 shall also contain a reconciliadon of actual utility cost attibutable to each occupied unit. 12. Owner shall, to the maximum extent feasible, rent the units to personsÂ·employed within the Estes Valley. Also, the units may not be used for nightly rentals dunng the term of this Agreement. Nightly rentals shall be defined as rentals to members of the public which are using said rentals for vacation purposes. 13. The Owner may sell and or transfer the property or any portion thereof at any time, however, the terms of said transfer shall include the restriction that the low cost housing on the Property and the terms of this Development Agreement shall remain with the Property until at least April 1, 2004. 14. All other Town ordinances and rules and regulations of the Town unless othenvise set forth in this Development Agreement shall apply to development on the Property. Those requirements shall include but not be limited to required filings and development plan approval, landscaping, parking and access requirements. 15. In the event the Town does nOt approve the Amended Plat and this Development Agreement, this Agreement shall be null and void and have no other force and effect. In the event the Town does approve the Amended Plat and this Development Agreement, the provisions of this Development Agreement shall be a covenant running with the Property and shall be binding of upon of all heirs, personal 3 r. I. / 11 -1 ~ --or. representatives, successors and assigns of.the Owner. A separate Memorandum ofÂ»,:,0 - Â·, this Development Agreement shall be recorded in the office of the Clerk and Recorder, Larimer County, Colorado. 16. This Agreement represents the entire agreement between the parties and shall be amended by the parties only by written document executed by the parties. 17. In consideration of the payment by the Town, the Owner shall maintain the exterior of the Property including all open area in a clean and orderly manner. The Owner shall not allow any accumulation o f trash, abandoned or inoperable vehicles, junk, or any other unsightly use upon the Property. 18. This Agreement shall be binding upon and inure to the benefit of the pardes hereto, their respective heirs, personal representatives, successors and assigns. 19. This Agreement shall be governed by the laws of the State o f Colorado. Venue for any litigation regarding this Agreement shall be in the District Court o f Larimer County, Colorado. 20. In the event o f a default by either party in the terms and conditions hereof, the non- - de faulting Parry shall give the defaulting party ten (10) days' notice in writing of said default. If said default is not cured within said ten (10) day period, the non-defaulting party shall be entitled to begin legal proceedings, including an action for specific performance and/or damages. Damages shall include all reasonable attorneys fees and court costs incurred by the non-defaulting party. 21. The Town is not obligated by the Development Agreement to make any payments in any fiscal year beyond the fiscal year for which funds are appropdated for the , payment thereof or to make payments from any funds of the Town other than funds appropriated foc the payment of current expenditures. All payment obligations of the Town under this Development Agreement are from year to year only and do not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of the Town. 22. In the event that the Town does not make any of the payments set forth in paragraph 10 above and the Owner has met all of its responsibilities and obligations under the terms of this Development Agreement, the Owner, following ten (10) days notice in writing of the failure of the Town to pay said sum, may declare this Development Agreement terminated and the obligation of Owner to maintain the units as,low cost housing units shall terminate. Upon that event, the Town shall, upon request by the Owner, execute a document terminating the terms and conditions of this Development Agreement as a lien and covenant running with the property. 23. This Development Agreement shall become part of the site specific development plan of the Amended Plat upon tile vesting of the Amended Plat pursuant to Chapter - ~ 17.40 0 f the Municipal Co.de. 4 ' ~i. I . f: #:9-4...29:43.. fi. 4.=: .247 All notices, certificates, or other communications hereinshall be deemed given when delivered or mailed by U.S. Mail, First-class, postage prepaid, addressed as follows: JANCO The Town o f Estes Park 1147 Willow Lane Attn.: Town Administrator Estes Park, CO 80517 PO Box 1200 Estes Park, CO 80517 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written: JANCO Properties of Estes Park, RLLP by: (50(-0. lf" rh by: CkQ.CL LO t-L.-L/,-, .. Subscribed, sworn to ahd acknowledged Wfore me thi 7 -111-2/ .. WITNESS my hand and official seal. Mâ‚¬bmmtsâ‚¬fpt)41)Dlres: 0.23,02C-rn I IR,to (Â»RÂ«% I . .. .. . I .. . Notary Pubhc . O..:R TO** *TES PARK ~ Â¢ Op cocu : Robert L. Del*er, Mayor Â· 6~-ATIEST:' D.. :1...:;i. Lcia..42Ib:.. gÂ«401 JI t Town Cl#kf f' 7 Â· Subsciibedisreorn toand acknowledged before me this gth dayof A Prl. i , 631 7:,..Robert L bekker ahd V,cklk 0'(?onnoh , WITNESS my hand and official seal. 4414' 4:/ My Commission Expires: lo'30 600 L ht..... ' fi-<~.97':S ,... i f VA/n P~&1 -7-.1.. 0 2 r....9 l.: ..% lÂ¢,b A-* .-: .2.,grf.r..Cu: 2-4 i Â· Notary Public :4..2.- p.uÂ«.7./5.i 5 4 ./-3 . 1 . LIEN HOLDERS APPROVAL,' The undersigned, being all of the lien holders of the Property more fully*described on Exhibit A, agreeÂ· to the terms and conditions o f the provisions o f paragraphs 4-8 0 f this Development Agreement with regard to th& liens held by the undersigned on the Property. In the event that the undersigned receive the Property as a result of the exercise of any legal right their lien on the Property gives the undersigned, said lien holder agrees to be bound by the terms and conditions of paragraphs 4-8 of this Development Agreement as it relates to the Property. This approval shall be binding on the undersigned lien holders their heirs, personal representatives, successors and assigns. In consideration o f lien holders approval o f the Development Agreement, the Town hereby agrees that should the undersigned, their successors or assigns, receive the Property through a foreclosure o f their lien or take a deed in lieu of foreclosure, the covenantand agreement to use the Property only for low-cost housing as more fully set forth in paragraphs 9- 13 0 f t:his Development Agreement would at the election o f the undersigned, their successors or , - assigns, be terminated by giving thirty (30) days written notice to the Town of slid elettion. The . Town shall, if requested in writing by the undersigned, their successors or assigns, deliver a quit claim deed to the undersigned terminating the low-cost housing covenant set forth in paragraphs 9-13 hereof. Also, it is understood between the undersigned, their successors and assigns, and Â· - the Town that upon receipt of the Property through foreclosure or a deed in lieu of foreclosure, the undersigned, their successors and assigns, have no obligation to the Town under the terms and conditions of the Development Agreement, other than their obligation to be bound by the terms and conditions of paragraphs 4-8 of thid Development Agreement as it relates to the Property. Uck.93 9/L PARK NATIONAL BANK Herbert J Phe# 610.66-L Tly: /7.9510â‚¬NT Ludy S. Phelan Subscribed, sworn to and acknowledged before me this/Ifday of 471/ 929 WITNESS my hand and official seal. My Commission Expires: 8.23Â·62 ,Â«33*kt r-4Â« Notary Public .. .. .. .. r ."ON u]42Â¢9-w:>* 4 OF 0~9#97 6 Subscribed, sworn td and acknowledged before me this 494(ay.of ..Â·'Â¢4/PR H - . _99.- Fal katia m. A>ATEA, PREa,DEST oF /UK AlmÂ·:6*- &9,0}1 WITNESS my hand and official seal. My Comm8600 Expires Ms, 19: 1930 My Commission Expires: 255 Pak LanD, Es<ea Park, CO 81)517 fy *P ..#<76Â·fAL &<09171<6'5e*Phdogd '3 ' ; 142:uâ€¢ z ..~:819 : + Bl , 12 . - , U x i L. .1.'â€¢; 22'â€¢ ;*9 p .. 2,5662Â£/ 3to kv â‚¬ 0 .... , r.Â· a 4~~: OF co,J~;gir Towll,(6>E S'~ES PARK,1 , 1:Unx:=ss:.. . . By#/2;'dZÂ«' A . 5 iÂ·L ' Rolfert L. Dekker, Mayor 'ATIEST; N 3 .. : Town Clerk' I . Subsckibed, su;oin to and acknowledged before me this g.tlu day of Apr L 1 , 1313. :,. ' .Robert L. bekker and Vitkft O' Connor 1 WITNESS my hand and official seal. My Commission Expires: /0/30 /~002/ 1 1 A. 1 1 1.: C. O 66'.(firt} ' Ekl . 't : C Â· 113 6 .b Â·i\<'36'* Notary Public 'fr,;mt,-till\AÂ·Â·Â· 7 ,. .... . I EXHIBIT "A" LEGAL DESCRIPTION OF LOT 31A OF THE AMENDED PLAT OF LOTS 32,33, 34, 35, & PORTIONS OF LOTS 1, 31, AND 37, WHITE MEADOW VIEW PLACE ADDITION TO THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO: A PORRON OF THE NE 1/4 OF lNE SW 1/4 OF SECTION 30, 75N, R72W OF THE 6th P.M. MORE PARNCULARLY DESCRIBED AS FOLLOWS: Â·COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 30, AS PONUMENTED BY A TOWN OF ESTES PARK BRASS CAÂ°, AND CONSIDERING THE UNE FROM SAID CENTER QUARTER CORNER TO THE EAST QUARTER CORNER OF SAD SECTION 30, AS Â·: MONUMENTED BY A B.LU. BRASS CAP, TO BEAR S 89'58'05' E; THENCE S 05'23'03" W. 768.85' TO THE SOUTHWESTERLY R.O.W. OF COLORADO HIGHWAY NO. 7; THENCE ALONG SAID R.O.W. THE FOLLOWNG THREE COURSES: 126.00' ALONG A CURVE TO THE lIFT WITH A RADIUS OF 2815.00' AND A 125.99' CHORD WHICH BEARS N 34'22'54" W; THENCE N 34'40'23Â» W 55.58'; THENCE N 35'30'00' W 60.00' TO THE SE CORNER OF LOT 31A AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID R.O.W. S 54*30'00' W 33.62'; THENCE 133.64' ALONG A CURVE TO THE RIGHT Wri}i A RADIUS OF 120.00' AND A 126.84' CHORD WH}CH BEARS S 86*24'15~ W; THENCE N 61'41'30~ W 235.57'; THENCE N 28-47'09' E 105.15'; THENCE S 6710'30 E 58.65'; THENCE N . 54'30'00' E 119.74' TO SAID SOUTHNESTERLY R.O.W.; THENCE ALONG SAID R.O.W. S 35'30'00 E 274.13' TO THE TRUE POINT OF BEGINNING. LEGAL DESCRIPTON OF LOT 32A OF THE AMENDED PLAT OF LOTS 32, 33,34, 35, & PORTIONS OF LOTS 1,31, AND 37, WHITE MEADOW VIEW PLACE ADDITION TO THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO: A PORTON OF THE NE 1/4 OF THE SW 1/4 OF SECTION 30, 75N, R729 OF THE 6th P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 30, AS MONUMENTED EY A TOWN OF ESTES PARK BRASS CAP, AND CONSIDERING THE UNE FROM SAID CENTER QUARTER CORNER TO THE EAST QUARTER CORNER OF SA!D SECTION 30, AS.- Â· MONUMENTED BY A B.LW. BRASS CAP, TO BEAR S 8958'05 E; THENCE S. 05'23'03' W.. 768.85' TO THE SOUTHWESTERLY R.O.W. OF COLORADO HIGHWAY NO. 7; THDICE LEAVINGÂ· . SAID R.O.W. S 56-57'03' W 225.69'; THENCE S 0908'06" W 63.64':Â· THENCE N 'Â·..~.1.,Â· -LI,,Â·.kÂ·. Â·Â·iÂ· :...:-* *- 29-59'11' W 97.51' TO THE SE CORNER OF LOT 32,A AND THE TRUE POINT. OF vt:Â·:- - ... BEGINNING; THENCE N 8959'11 ~ W 162.70'; THENCE N 00-07'15" E 52.55'; THENCE N'. :.1. 00'04'18' E 349.08'TO THE SOUTHERLY R.O.W. OF STANLEY AVENUE:. THENCE ALONG:Ii..,2. %.4-: i -Â·3.f ..: SAID R.O.W.Â· S 61'41 '30' E 178.60'; THENCE LEAVING.SAID R.O.W.'S 00'53'.17-LE. 2-'.=i---2-i.=El =u -Â·1-.. 317.00' TO THE TRUE POINT OF BEGINNING. / 2 - LEGAL DESCRIPTION OF LOT 338 OF. THE AMENDED PLAT OF LQTS;32733/34.38, ANO>,4.oyiÂ·.cÂ·Â·:FitÂ·:- 6-1.-J Â· : : Â·- PORTIONS OF LOTS 11, 31,Â·ANDÂ· 37, WHITEÂ· MEADOWÂ·VIEW.Â· PLACE.Â·ADDITION :TOÂ·THE.TOWNÂ·-9-Â·7--9,Â·fo- 4-FÂ· OR. EsiES PR.K'. LAR'Mat...COUNU :C,OLOI*01 .:-.jÂ·(,3-Â£~it:.1-2,-2::.i.i.ifi:.:.:.1.git :09.ZÂ·bYAbrieâ‚¬,fii;&.4.-42.?. 1~.9.~::-- 4...... AÂ·PORTION:OF T}iE-NE 1/4 OF THE.6Â¥8.1/4 OF~SECTIONÂ·.30; Â·T5N; R72W. OPÂ·TME?6thÂ·Â·20.Â·<Â· 'Â·-* 9.Â·Â·Â·Â·Â· P.M. WORE PARTICULARLY DESCRIBED AS FOLLOWS: . h.Â·.6.i -5.-FÂ·uÂ·'i:,TZ:'34-2- .6.Â·Â·*t;Â·fft:.: 4ib..--,-.0,,-~.2..3.~Â·Â·Â·Â· . . COMMENCING AT THE CENTER QUARTER CORNER OR. SAID SECT}OR;30~t-,ASÂ· MONd.MENTED?El-f'Â·::T..0 i :-:. Â· BY A TOWN OF ESTES. PARK BRASS CAD, AND Â·CONSIDERING, THE UNE-Â·FROM SAID 1 tÂ· :CENTERÂ· QUARTER CORNER.. TO..THE. EAST QUARTERÂ·.CORNERÂ·.OF.. SA]De.SECTEN-- 30/ASS Â·*Â·.M':s.':. Â·Â·t..0 i:.3.:. PONUMENTED' BY Afe.LU. BRASS CAP, TOÂ· BEAR S 89'58'05* E:.THENCE.S: 05'23'03*' W.~'Â·Â· '.-6 r.' Â·:t. 763.85'. TO. 1-HE SDUTHWESTERLY R.O.W.- OF COLORADOÂ·Â· HIGHWAy Ne: .7; THEMCE.LEA\5Â®.4..Â£.2..4.... P. SAN) R.O.W. S 56-57'03' W 225.69' TO-THE. TRUE POiNT OF; BEGINNING:i-TREACErSES'1:36.7 09'08'06' W 63.64' TO THE SE CORNER OF LOT 334 THENCE N 89'59' 117'W:97.51'; 'Â·7 . .. - THENCE N 00'53'17 W 317.00' TO THE SOUTHERLY R.O.W.: OK STANLEY AVENUE v.:Â· 7..Â·Â·- ..Â·.... THENCE ALONG SAN) R.O.W. S 61'41'30" E 22.09% 1-HENCE CONTINUING ALONG .SAID .2 9'-1 Â·-- Â· I R.O.W. 86.11' ALONG A CURVE TO THE LEFT WITH A RADIUS OF 144.20' AND A. 84.84'.u CHORD WHICH BEARS S 78'48'00 E; THENCE LEAVING SAID R.O.W. S 0554'29" E :- (.7- .. 20.00': THENCE S 7642'29" E 43.45': THENCE S 09'54'52" W 200.31! IO THE TRUE . POINT OF BEGINNING. -- - -1 . EXHIBIT "B" LEGAL DESCRIPTIONS; R.O.W. OF STANLEY AVENUE TRANSFERRED TO LOT 33& A PORPON OF THE NE 1/4 OF THE SW 1/4 OF SECTION 30, T5N, R72W OF THE 6th P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF LOT 334 AMENDED PLAT OF LOTS+32,33,34,35, AND PORTIONS OF LOTS 1, 31. AND 37, WHITE MEADOW MEW PLACE ADD[TION TO THE TOWN OF ESTES PARK, LARIMERÂ· COUNTY, COLORADO; THENCE SÂ· 61'41'30Â» E 22.09'TO THE TRUE POINT OF BEGINNING; THENCE 86.11' ALONG A CURVE TO THE LEFT #TH A RADIUS OF 144.20' AND A 84.84' CHORD WHICH BEARS S 7848'00' E; THENCE S 05'54'29" E 20.00'; THENCE S 76'42'29 E 1.88'; THENCE S 54'30'00 W 9.93'; THENCE N 61'41'30 W 89.77' TO THE TRUE POINT OF BEGINNING. R.O.W. OF STANLEY AVENUE TRANSFERRED TO LOT 34& A PORTION OF THE NE 1/4 OF THE SW 1/4 OF SECnON 30, T5N, R72W OF THE 6th P.U. MORE PARnCULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF LOT 34,A, AMENDED PLAT OF LOTS 32, 33, 34, 35. AND PORnONS OF LOTS 1,31, AND 37, WH[TE MEADOW V]EW PLACE ADDITION TO THE TOWN OF ESTES PARK, LARIMER COUN11 COLORADO; THENCE S 54'30'00 W 33.62' TO THE RUE POINT OF BEGINNING: THENCE S 54'30'00' W 79.84'; THENCE N 7642'29Â» W 1.88'; THENCE N05'54'29Â» W 20.00'; THENCE 74.47' ALONG A CURVE TO THE LEFT WITH A RADIUS OF 144.20' AND A 73.65' CHORD WHICH BEARS N 69 17'45 E TO THE TRUE POINT OF BEGINNING. St- NE CORNER <6724 . - 21=34'12'59- ~0 LOT 34A L=86.11' R=144.20' * gu , 1 G C=84.84' 9 I \ S 78'48'00" E Ky .5590' NE CORNER -=~I-t~ N 0554'29' W 4 20.00' LOT 33A \ r-NEW R.O.W. 63 \ \ BOUNDARY Â· 6 9 109Â¢Â· 6-29'35'31' R=144.20' L=74.47' 1.88' C=73.65' 41.57' N 69'17'45Â» E 4 N76-42'29-w 9. FOUND #4 FORMER R.O.W. REEAR W/ OF STANLEY AVENUE 1 P.C. #6499 Lot 33-4 Lot 34A SCALE: 1' = 40* 4) 00 0 gy--3 { . m.â‚¬0014,44- 600>~ . e al.~. MUJAM G. VAN HORN CO PE. & LS. #9485 1 - DRAWN DATE VAN HORN ENGINEERING SCALE PROJ. NO. 1043 Fish Creek Rood - P.O. Box 456 - Estei Pork, CO 80517 iMp 3-11-99 Phone: (970) 586-9388 - Fox: (970) 586-8101 C - 40' 98-6-12 - <'11â€¢, - 0. 2 . \. i 1 1 1 j ' 1 \ EXHIBIT "C~ ./.1 1-2 ZE I I 1 11 1% I \ ..1 1 11 F,wr -1 | \ \ \ 1 1. Â· 1 4 1 â€¢ 261.- 1 41 \. hi Ed=- I 1 Â· 0972 // Former -1 , \% 91 i \ / A \ 0.56 121223 i-..-- U: 3,44* i \ 0 -)-0 P.,0 1,4~,0 '*>10 .diy N 1 \ 1 -\ CE LOV/Â» - 7 , ki J f \/1 0 9 \ 2/ 1 SCH â‚¬ 1 1 1 Â¢6 i i g i 4 + UQUU 4\ 1 / t..ti \/ 1/ 1.ANAES i i C-04. 6. 1/ . \ /// 1 ./ S 4/,r 1 4 / 40-2> m*8<74,28 7 1 --+ 60-24Â·15Â· E / , 1 ./6 / 1 1 / C \V 4 + 1 1 4 1 1 1 , / . â‚¬ tk i .9 1 4 1 /6 4 24 1%\ is. . 1 / *4 Mt/414 - ~ \ '% Â« 4640 Ktâ€¢C 3 1/r CAT. 1 4 - MAM. W 2.000 Z . 4 111 /7/5 1 4 --- ir---11 _ 1,42 ,/\ *ipmâ€¢~c o # 4f :5#Â« E >te L \ 3 78-4.roc-'~ w i 3 1,1 UNITS i G| 1' f- I Â·\ LfL.1 i m '- 9\2 . \\ 1 . -::~ Le: 5 C 1 r- 1 , - 11-#3 .. it 4 Mug i / 0.61 Aqurs A 4 * Ch W U 'â€¢ .I C-0 1.42*CABS -1-Â£2=Ef - 1 ----2-2--- ; 1 0 9.-,9. 81 Lot 83,~ l/1211, , + --- .9.\ . -- 1" = 100' V 13 , 4/ - =t :6 .... 1 $1 0.82 ACRES -1 , . i ... R-Xi 4 /# 4 . r -7 1 1 9 43> i r Ic! 1 1 1 43..".-1.1.!E. FI\-1: 121-341 SL Vrnin Cr.ter Sub. L--- 1} ! C i.--33/ . Â· Lot 2 U Dean~ Â©M'>' it z I UNfTS.#4-/5 RE*r i h r....1 Â·. f ' A 111.a'Â· Â· -- . 'txr M Wle'll' Â¥ 25a.21' Lof 4 EL FraÂ·in Center Sub, /541 00 WIU-!AM 8. VAN HORN CO PE. & LS. #9485 DRAWN DATE. VAN HORN ENGINEERING . . SCALE PROJ. 140. 1043 Fish Creek Rood - P.O. Box 456 - Estes Pork, CO 80517 RP 3-12-99 Phone: (970) 585-9388 -- Fox: (970) 586-8101 1' - 100' 98-06-12 1- ON =4. 7 - .... .. EXHIBIT D Identify Unit Location by Number on Exhibit C Property Plat. Unit Structure Type & Description Permitted Proposed # of ppI 1 1 bedroom new cottage to be built 499 450 2 2 1 bedroom new cottage to be built 499 450 2 . 3 1 bedroom new cottage to be built 499 450 2 4 1 bedroom hew cottage to b-e built 499 400 1 5 Â· 1 bedroom new cottage to be built 499 400 1 6 1 bedroom new cottage to be built 499 400 1 7 2 bedroom - old office 600 500 2 8 Cabin closest to Stanley Ave. 466 300 1 9 Cabin above 6, below duplex 466 350 2 10 Duplex by Office -.Unit l- 1 bed 499 300 2 11 Duplex Unit 2 w/fireplace - 1 bed 499 300 2 12 2 bedroo.m Cabin below Log 600 575 3 13 Historic Log Cabin - 2 bedroom 600 550 2 14 Upper Cabin Left - 1 bedroom 499 350 2 : 15 Upper Cabin Right - 0 bedroom 466 350 2. 16 Daughter's house - 3 bedroom 693 550 2 17 3 bedroom 693 550 2 18 1 bedroom 499 , 400 2 19 Large part of triplex 1 bedrm Â· 499 400 3 20 One bedroom in triplex 499 400 2 21 Upstairs in triplex 1 bedrm 499 400 2 22 1 bedroom cabin 466 400 2 23 1 bedroom cabin 499 400 2 . 24 Back part of Stanley cabin 466 300 1 25 2 bedroom Stanley cabin Â· 600 550 3 26 1 bedroom cabin 499 400 2 . 27 16 Unit Motel 2pplper unit 466 - 400 32 28 4 Bedroom former Motel office 772 . 775 5 I . 85. - Permitted is rent allowed at the 50% level from Colorado Housing & Finance Authority Table for Larimer County 1999. 2 Proposedlepresents projected,rents as presented in JANCO financial proforma for proposed project. .. - - -- â€¢ A -1 61 1 4'~4 . . RCPTN # 0099088912 10 1/1999 10:12:00 # PAGES 49 3 FEE - $15200 M RODENBERGER RECORDER, LARIMER COUNTY CO .,,Â©STATE. DOC- FEE --0.-: .$.00 Â£ AMENDMENTTO. :2.0-3 1-- 4491 . DEVELOPMENT-AGREEMENT 1,1 THIS AMENDMENT, eft Sth day ofjune, 1999,0by and be~tween the Town of Estes Park, a Municipal Corporation ( Le . .. .-m") and JANCO Properties of Estes Park, R.L,L.P., hereinafter collectively referred to as the Clowner"), . WITNESSETN: WHEREAS, the parties have entered into a Developn.Â·nt Agreement dated April 6, 1999; and WHEREAS, the parties have determined to amend said Development Agreement i : order to allow Owner to rent the units located on the Property according to a different rent sched Pe.; NOW THEREFORE, IN CONSIDERATION OF TPE ABOVE RECITATIONS AND THE COVENANTS AN D CONDITIONS CONTAINED hERETN, THE PARTIES. AGREE AS FOLLOWS: The Development Agreement dated April 6, 1999, by and between the Town and the Owner shall be amended as follows: 1. Attached hereto and incorporated herein by reference is Exhibit A which shall be substituted for Exhibit D of the Agreement for the periodJune 1,1999 through January 1, 2002. On January 2,2002, rent limitations set forth in Exhibit A shall terminate and Exhibit D of the Agreement shall return to full force and effect. 2. All other provisions of the Development Agreement dated April 6,1999 by and between the Town and the Owner shall remain in full force ariel effect Tr*47 nu I7('T-Ze DAUW A j ]~obert L. Dekker, Mayor --1 ATTEST: 9.vam 64$,x) Town Clerk, bgrtj Subscribed, sworn to and acknowledged before me this /6* day of J27%922/;Â©70-E /997. :t 4. 1.1 WITNESS my hand and o fficial seal. My Commission Expires: (/â‚¬42225 4 f * i k.?2 No' ublic ...< h 1/ .r :5ZEtii-A 11*PU 0/ 22>2* Ace PA /1 wl) , l - Jane:o Prop.F - of Est*. Park Income & Expensâ€¢ Prolectkn EXHIBIT A J.' ~' ~..0/01 U#dale h-, i Â·1327.1. Monthly Revenue from rent of cabigs, motel un112, and owne<â€¢quarters,lus utility charge UnM DesÂ¢M 000 n Sq Ft : Permttlid' Actual Utility Total . ppl 1 Â· Main house - 2 bedroom 265 - 720 575 75 650 3 2 Quads Efficiency 285 559 350 - 50 . 400 2 3 Quads -emciency 265 559 350 50 400 1 Quads -efficiency 265 559 350 50 400 2 5 Quads -efficiency 265 559 350 SO 400 1 6 Maids - efficiency 285! 559 300 50 350 1 7 2 bedroom - old office Â· , 7051 720 600 150 750 3 0 8 Cabin dcsest to Stanley Ave. 2 330! - -650 - -400 100 5001.- 2 9 Cabin above 8. below duplex - 2 260 559: 400 100 ,500 2 ---2--- 10 Duplex by Office - Unit 1& 2 -Â· <f 630 720 600 150 750 _<1 ,---,-~~------ 11 2 bedroom Cabln below Log _/ 790 720 600 - - .-- 701 575 1 12 2 bedrooniHistoric Log Cabln 575 720 600 100 700 2 13 Upper Cabin Left 225 559 400 100 500 2 14 Upper Cabin Right 280 599 400 100 500 2 15 Daughter's house - 4 bedroom 1,495 927 700 120 920 2 16 3 bedroom above Daughters 890 831 1,200 300 1,500 -_ â‚¬ 17 1 bedroom - Homestead 330 599 Â· 450 100 550 2 18 Large part of triplex 2 bedrm 527 720 800 150 750 3 19 One bedroom in triplex 355 599 800 150 750 3 Â· 20 Upstairi in tripiex 1 bednn 385 599 400 100 500 2 21 1 room cabin - sc>lit level 220 559 400 100 . 500 - 2 22 1 bedroom cabin Mith fireplace - Youngl 350 599 450 100 550 2 23 Back part of Stanley cabin 180 559 300 100 400 2 24 2 bedroom Stanley cabin - Tea Room 1,200 720 500 100 600 . 2 25 1 bedroom cabin - Store room 320 699 400 100 500 2 28 16 unit motel - 2ppVunit-permitted $559 5,245 8,944 6,400 1,700 8,100 34 ' 27 4 bedroom former motsl office 1,500 927 800 200 1,000 4 TOTALS: 18,192 - 25,853 19,375 , 4,520 23,595 93 . 111\ * Permitted is rent allowed st the 60% level from CO Housing & Finance Table for Latimer Courtty ~9~1 /r~ '. t. 0 6 Annual RsÂ¥â€¢nues: Town of Estes Park - $12,500/year tor 10 yearg 12.500 u- 100% occupancy 5 summer monthg 119,475 130 7 months @ C units), 70% occupancy, plus 4 motel units made into kitchenettes 50,621 Lit. 182,596 Annual Expinres wtth Assistance from Town of Estes, Park National Bank, Ind assuming Co#orado Divisjon of Howing: monthly Annual pymt - 3540,000 9%, 30 yr amm - Timberline 52,140 4,345 Annual pymt - 1340,000 7.75%, 20 yr amm - Lake Terrace 33,495 2,791 Annual pymt -tO Div of Hou5ing- 5200,000 2%, 20 yr amm 0 .0 Annual pymt- 3112,500 7.75%, 10 yramm -upgrade money . 16,200 1,350 Property taxes 18,000 8,488 insurance 7,000 Utif#ties 15,500 Management fees, office, clerical 24,000 Repair & Maintenance . 15,000 182,335 Net: 261 \.L rtoo %â‚¬\3AL- 97,23* , 1/513*: Â· G ret . 1 , . 047 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT, effective the 8th day of January, 2003, by and between THE TOWN OF ESTES PARK, a Municipal Corporation (Uthe Town"), and JANCO Properties of Estes Park, R.L.L.P., hereinafter collectively referred to as the ("Owner"); - -- WITNESSETH: WHEREAS, the First Amendment to the Development Agreement was executed by the parties effective June 8,1999; and WHEREAS, the parties have determined to enter into this Second Amendment to the Development Agreement in order to allow the owner to locate certain units on the Property in a different manner as originally provided in the Development Agreement. NOW THEREFORE, IN CONSIDERATION OF THE ABOVE RECITATIONS AND THE COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The Development Agreement dated April 6,1999, and the First Amendment to the Development Agreement dated June 8,1999, by and bet*een the Town and the Owner shall be further amended as follows: :'Exhibit A, attached hereto and incorporated herein by reference, shall be substituted for Exhibit C of the Development Agreement." 2. All other terms and conditions of the Development Agreement dated April 6, 1999, and the First Amendment to the Development Agreement dated June 8, 1999 by and between the Town and the Owner shall remain in full force and effect. Ill1Illl11111IllillilllI1Illilll11111ll #199249 TOWN OF ESTES PARK, COLORADO SCOTT DOYLE, RECORDER, LARIMER COUNTY CO RCPTN# 2003-0093261 08/25/2003 08:21:00 PAGES - 3 FEE $16.00 DOC $0.00 for 6/ ATTEST: 0 440, 0~ m ~ Town Clerk ~/ ' PLEASE RETURN TO THE TOWN OF ESTES PARK; P.O. BOX 1200 v 1 ATTN: TOWN CLERK'S OFFICE 1 ESTES PARK, CO 80517., - f I. Subscribed, sworn to and acknowledged before me this 676 day of Fe. bru00.- ,2003. WITNESS my hand and official seal My Commission Expires: 1 Â£3/1 0/~006 0 1 1 .' An - 1 0 - 90 Vabi V NLIZZTEmic Notary Public JANCO PROPERTIES OF EST~PARK By: CU22 --U / \- \0-~2~ Allyn VA Hanks By: 2/Â«1â‚¬94,42 ~~R. Hanks By: d<*EE's.'C..0. 12-1-_Sl Lon W. Kinnie Subscribed, sworn to and acknowledged before me th is #Glday of h44421 ,2003. WITNESS my hand and official seal. My Commission Expires: 3-4 -64 114446,i 54 r Notary Public %\ /0 72::.4 B L,34' OF COL 2 - 4 â‚¬ ... ~31 , 03 -, ..L EXHIBIT *' ~<%12 422 1.r \ter, \ 9=. \\ *281# 44 = \ A X 4%65 041 -9 1 -1 \ r <ha --0 1 65394 \34 hâ€¢W.. C .....*'I.Â£'52 ..... dic. N 0 4/4 1 \ /925 / '49\ h:~I--- ..#.r~ A r. Â«7# 15' i t#24 4 . Ph CO i \I -- --k h.-1 IN' ....,4 ... 1" = 60' 5 -4 lp. -9/ $ 131 .. C Lot 5 0 6 WAUâ€¢ liedow Vinu ' Ptac~,~iNOn i . UNITS 1-'~f O C|#7_1 li lic \ 11 /2 7 . 4 Â· . #1-#2 - < ~ < UNIT DENSITY i r RECEIVING AREA ~ 1 - Lot> 967 /\= Â· = .-- \ /4 ./ 43 LU.-11* jr, P /~ Lat-225 P 1 l .. R-M 0.82 ACRES , rl R-JA 11 1 61> AL,la 0.51 ACRES C-0 /201921 J /~j- . fXL_ L#21 4 i . FOUO 1/ MPE Â· 1 1 Lat 8 FAU. Misdow W.w plac. Add,Non: i ..... , UNIT DENSITY. 1 ~ UNITS #3-#6 RE~~NG I 1 - . .. .3$4-jiÂ¢% 4 -w #42&*#6*f. 44. Lot 4 C-0 .1.0 14 .0.â‚¬'23:4/. 1 Ne.... I SL #4* C.:trr Sub. â€žUt. Â· A f 1 *r..t -41 - ZA co 1 s A 26 WILLIAM G. VAN HOMN 1%.2 6 ~ ........ ./4.... AND r., P.. CO PE. & LS. #9485 47//4!';| 1.,Im\#Â·. DRAWN DATE VAN HORN ENGINEERING SCALE PROJ. NO. 1043 Fish Creek Road - P.O. Box 456 - Estes Park, CO 80517 kp 2-18-03 Phone: (970) 586-9388 - Fox: (970) 586-8101 1~ = 60' 98-06-12 PONDEROSA AVENU 32 32 0 32 9 I? 9.- 9 m 0 32 h * H k Y O lo m r M r- 0 O.1 32 y y 32 * 32 32 0 32 5 32 0 - f $%9 CO $ 32 32 32 18/ E emve 10) (9 01 00 2 E lo 00 0 E W oR. 53 & S 0 LL % Change from % Change from % Change from % Change from 1999 2000 Previous Year 2001 Previous Year 2002 Previous Year 2003 Previous Year aty 458,603 2,298,873 401 % 628,650 -73% 1,017,096 62% April 851,783 1,887,234 122% 1,910,750 2,494,578 31% 4,845,488 94% June 1,000,779 2,183,869 118% 1,315,220 1,758,377 1,530,578 -13% July 2,109,680 1,149,536 -46% 1,451,357 26% 3,835,466 164% 2,158,597 -44% 0/09/- 92.0'92*'ZE 9ZZ'999'Â£Â£ 891' Lt,L' LE %gig 268'899'6 L Z99'920'9: 0-1-A January 1,232,208 1,120,499 1,120,941 2,463,063 120% 1,635,614 March 2,070,690 2,705,174 3,012,609 832,024 -72% 1,503,447 81 /0 May 1,366,267 1,783,738 1,161,817 -35% 1,826,924 1,606,541 â‚¬02.'OOZ' L **0'09Â£ L Ego'849' L %6 K6 ZOO'090'* Zâ‚¬Â£'L69 9Â£9'01.t'Â£ 098'82'El *96'Z82'Z 60â‚¬'ZJ9 ZZ*'990'Â£ %08 L 9 Lg'*te'Z 8Lâ‚¬'6ZZ'L EG L '089 J0q0100 %2*- 86â‚¬Â£96 901'6L8' L 6â‚¬9'â‚¬/*'L 0*0'294' L jaqu.teoea TOWN OF ESTES PARK Monthly Building Permit Summary 1999 - 2003 98Â£'oz9' L â‚¬07'â‚¬88' L 926't,L* 361'*09'E jequteAON -1 4 . I MEMORANDUM TO: Honorable Mayor Baudek and Board of Trustees FROM: Special Events Department - Linda Hinze DATE: December 1, 2003 SUBJECT: Request for Street Use for Estes Park Marathon - June 20,2004 Background: Rick Life is the Race Director for the Estes Park Marathon. The marathon will offer a walking marathon, halfmarathon, 10K and 5K races ( The Optimists have combined their Big Horn Challenge Races with the EP Marathon). All races will begin at the Elementary School and end on the EPHS track. Streets to be used are: Graves, Community Drive, Hwy 36, Fish Creek, Brodie lake walk, Hwy 34, Dry Gulch Road, Devils Gulch Road, Steamer Parkway and Streamer Drive. (A map will be presented to you at the meeting) The courses will be certified by USA Trace & Field. The Marathon is asking for Police assistance. Anticipated participation is 1,500 people. Costs: Police assistance. Recommendation: The Special Events Department recommends approval of this event. Police Department (Wes Kufeld and Jim Kenny) has approved the street use and partial closures on Town streets. Hwy use is to be approved by the Highway Patrol.