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PACKET Public Works 1986-01-23
, . PUBLIC WORKS COMMITTEE JANUARY 23, 1986 AGENDA 1, LIBRARY - PRESENTATION OF LIBRARY FEASIBILITY STUDY 2. CEMETERY - DISCUSSION OF PROPOSED AGREEMENT 3. NEWSPAPER RACKS - REPORT, DISCUSSION OF PROPOSED ALTERNATIVES 4, HOLSTEIN ASSOCIATION - REQUEST TO HOLD CATTLE SALE 5, PUBLIC WORKS - TRUCK CONVERSION, SWEEPER SWAP WITH STANLEY PARK 6. PUBLIC WORKS - CARPENTER SHOP IMPROVEMENTS 7. PUBLIC RESTROOMS, CLEANING CONTRACT - REQUEST TO REBID CONTRACT REPORTS: 1. SHOP EXHAUST SYSTEM 2, SNOWPLOWING 3, TREGENT PARK 4, MUNICIPAL BUILDING FACILITY STUDY . REAL ESTATE CONTRACT THIS AGREEMENT is made and entered into this day of , 1986, by and between ESTES PARK MEMORIAL GARDENS, INC., a Non-profit Cemetery Corporation, (hereinafter known as "First Party") and the TOWN OF ESTES PARK, COLORADO, a Municipal Corporation, (hereinafter known as "Second Party), is made upon the following terms conditions: WITNESSETH: 1. Legal Description: First Party agrees to purchase and Second Party agrees to sell the real property more fully described on Exhibit "A" attached hereto and by reference made a part hereof. 2. Payment of Purchase Price: The parties agree that the aforementioned real property shall be sole in six (6) parcels. The parcels shall be sold consecutively (1 through 6) as shown on Exhibit "B" attached hereto. The purchase price of the parcels shall be as follows: Parcel 1: $ Parcel 2: $ Parcel 3: $ Parcel 4: $ Parcel 5: $ Parcel 6: $ First Party shall have a right to purchase any number of successive parcels at any time, so long as said purchase is made within two (2) years of the date of the last parcel purchased. Each parcel shall be purchased within two (2) years of the purchase of the previous parcel. In the event that First Party ~ i L .'.1 . '' -3 does not pur€chase a successive parJel, all' of its right and ~1 -'·~: interest under the terms of this agreement to purchase any further parcels shall terminate two (2) years from the date of its last parcel purchase. First Party agrees to escrow with Second Party a Quit Claim Deed to each of the parcels to be used by Second Party to terminate First Party's interest in any parcel not purchased under the terms of this Agreement. \ First Party shall pay interest at the rate of percent ( %) per annum on the amount: set forth above. Interest shall commence to run upon the closing of the purchase of the first parcel. Upon purchase of any succeeding parcel, First Party shall pay the price set forth above, plus accumulated interest to the date of purchase. First Party shall give Second Party ten (10) days' written notice of an intent to purchase any succeeding parcel. 3. Merchantable Title: Second Party agrees to provide First Party with a current commitment for a title insurance policy in an amount equal to the purchase price, showing title to be merchantable in First Party. Said commitment shall be furnished to First Party at least ten (10) days prior to closing. First Party shall have said 10-day period within which to examine the same and make objections thereto, if any. Should there be objections, Second Party shall have a reasonable time within which to perfect the same, including such time as might be required for a quiet title action. First Party shall be responsible for payment of the premium for said policy. 4. Survey: Upon execution of this agreement, First Party agrees to have the real property surveyed, including a survey of each individual parcel. First Party shall provide Second Party with said survey prior to closing of the purchase of the first parcel. 5. Closing: Closing shall take place within thirty (30) days of the fulfilling of all contingencies set forth in Paragraph 6 of this Agreement. 6. Contingencies: This Agreement shall be contingent upon the following: A. First Party shall receive approval of said premises as a site for a cemetery from all public boards and agencies having authority in such cases. B. First Party shall receive approval by the voters for the purchase of the subject premises under the provisions of Section 31-15-713(1) (a), CRS 1973. -2- In the event either of the above contingencies are not fulfilled by , 1986, this agreement shall be null and void and of no further force and effect. 7. Possession: Possession of each individual parcel shall be delivered to First Party at closing of each individual parcel. 8. Conveyance: Conveyance shall be by good and sufficient Warranty Deed, conveying the property free and clear of all liens or encumbrances, SAVE AND EXCEPT for current taxes, if any, easements, restrictions, reservations and agreements of record. 9. Default. Time is of the essence of this Contract, and in the event of any default by either party in the terms and conditions hereto, the non-defaulting party shall give the defaulting party ten (10) days' notice in writing of said default. If said default is not cured within said 10-day period, this Contract shall be deemed to have been terminated for said default and the non-defaulting party shall be entitled to all damages incurred by reason of said default, including all reasonable attorneys' fees and court costs. In the event, however, the non-defaulting party elects to treat this contract as being in full force and effect, the non-defaulting party shall have the right to an action for specific performance and damages. 10. Assignment. This Contract shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors and assigns, and shall not be assigned by either of the parties without the written consent of the other party. 11. Covenants, Warranties, Representations. This Contract constitutes the entire agreement between the parties. All covenants, warranties and representations herein shall survive the --- closing of each parcel. -3- 0 . . IN WITNESS WHEREOF, the parties have executed this Contract the day and year first above written. ESTES PARK MEMORIAL GARDENS, INC., a Non-Profit Cemetery Corporation By Its ATTEST: Its TOWN OF ESTES PARK, COLORADO, a Municipal Corporation By Mayor ATTEST: Town Clerk -4- 0 I ist 01/23/86 CEMETERY - FINANCING APPRAISAL'S 6 ACRES 1 ACRE #1 $156,750 $ 26,125 #2 $100,000 $ 16,667 Average $128,375 $ 21,396 1st Parcel........... .................... ....$ 30,000 2nd Parcel.............,...........,........,$ 25,800 3rd Parcel...................................$ 22,188 4th Parcel...................................$ 19,082 5th Parcel................. .................. $ 16,410 6th Parcel...................................$ 14,895 $128,375 Holstein Association AKY~/ 10190 Bannock Street, #240 Denver, CO 80221 Telephone: 303-451-8200 188~~ 1985 RECEIVED JAMES S. ELLIS Area Manager JAN 1 0 1986 1 0¥m (,F ESTES PARK TOW M ADMINISTRATOR January 9, 1986 Mr. Dale G. Hill Town Administrator P.O. Box 1200 Estes Park, CO 80517 Dear Dale: On behalf of the Colorado Holstein Association and the Holstein Associa- tion of America, I would like to again request permission from the Town of Estes Park to hold our Rocky Mountain Rendezvous Holstein Cattle Sale on the Holiday Inn Resort property July 25, 1986. Because our '85 sale was such a huge success we are planning to expand our efforts from a 10 state regional effort to include participation from 20 states west of the Mississippi. Estes Park proved to be a key to our success and we are most hopeful that the town will again grant us permission. I appreciate your help and am waiting for your reply. Sincerely, q 4©% A.EQU - James S. Ellis JSE:jw CC: Rick Hertzke Mike Finney Holstein-Friesian Association of America rxx./XX/XX/XX/XX/>C«/73 V . #'/X 7 i'VCDOO-pi , - 1\ \\ \\ \\ \\ 1 1 . k\ i \ i ¥XX/-XXJ *X/XX/xx/->L k k i \\ \i \/ i PX 1- 0 £7XX7XX7X lilli 22?2800 (sewoul) 11¥=IMONS (TE/ZI) 03a AON leEIS 9961 -996 l 533 9961-1€61 *861-296 1 17-1 ESTES PARK SNOWFALL 1983-1986 1XX.''XX./XX.·-'XV 1 \\ , \ , \ , \ , 1 , / --133-'35'33-'335'33/EN~.,33'3-- p L-2- 1 - T77-9- .... ..6 rxx,xx,·Ax,xx,·xx13,_ k , i \ / : \ i 0 I/X 1 /x x /X li- 1 1 Ill 61 8 982- 0 0 10 (selloul> 1-19='MONS 030 /ON 11100 - 1 9 0 D .R.3~ L SNOWPLOWING SUMMARY 1983-84 1984-85 First Storm November 8, 1983 October 15, 1984 Last Storm April 21, 1984 April 26, 1984 Number of Days of Plowing 53 days 35 days SNOWFALL SUMMARY: < 1 inch 25 Storms 18 Storms 1 to 4 inches 20 Storms 14 Storms 4 to 12 inches 7 Storms 3 Storms < 12 i nches 1 Storm 0 Storms TOTAL SNOWFALL 107.5 inches 49.5 inches AVERAGE SNOWFALL 3.26 inches 1.65 inches Total Plowing Hours 955.15 hours 597.8 hours Total Plowing Miles 7,398.7 miles 5,114.6 miles Total Fuel Used 3,827.5 gallons 2,622.1 gallons Total Sand Used 662 tons 614 tons Total Sand Reclaimed by Sweeping 212 tons 151 tons Average Fuel Consumption 1.9 mpg 1.95 mpg EXPENSES Regular Salary $10,385.92 $6,741.80 Overtime/Holiday 12,557.76 5,877.41 Supplies (sand, salt, blades) 11,078.07 8,561.42 Vehicle (fuel, oil ) 5,854.17 2,623.71 (1) TOTAL $39,875.92 $23,804.34 NOTE: (1) Based on 1984-85 cost of $1:61 per gallon average cost. Number of Miles of Town Streets Plowed 32.52 miles 33.82 miles Cost/Mile for Snowplowing $1,190.00 $704.00