Loading...
HomeMy WebLinkAboutPACKET Public Works 1995-08-24r. , 441 AGENDA ity, 2*j »fl/f PUBLIC WORKS COMMITTEE AUGUST 24, 1995 8:00 A.M. 1. Archibald Bronze Cougar Request approval of 1.) Riverside Plaza site 2.) joint installation by EPURA and the Town 2. Water Dept. Loop Project Request approval of change order - 3. Proposed Water Dept. Glacier Creek Water Tank Project Request to bid project 6/9. Rescheduling of CDOT Hwy. 7, Hwy. 34, Elkhorn Ave. Projects Town request of CDOT to minimize summer months construction 5. 1995 Street Overlay Project Request approval to award bid ~ /6~ EVRPD Golf Course Management Agreement New agreement approval request by EVRPD Reports: 1. Customer Service Response 2. Monthly Water Report 3. Hwy. 7, Hwy. 34, Elkhorn Overlay Projects Update Note: The Public Works Committee reserves the right to add or delete items from the agenda as necessary. epura PLANNED PROGRESS July 13, 1995 TO: Board of Commi~ioners FROM: Art Anderson tr- Executive Diretdor RE: ARCHIBALD SITE RECOMMENDATION A meeting of the Sculpture Site Committee which consists of Dan Speedlin, Parks Department Director; Bob Joseph, Planner/ Landscape Architect; and myself was held. We visited the site proposed as the first choice by the Archibald Sculpture group for location of the bronze cougar and c6ncur that location is best for this sculpture. Public access to the bronze is encouraged. I recommend approval of the site on the top of the earth berm in Riverside Plaza. The location is at the approximate location of the two stone seats. I recommend that the EPURA/Town provide and install the rock base for this sculpture. Attachments 1-1 ............15/1/G CO. RECORD OF PROCEEDINGS Estes Park Urban Renewal Authority - July 19, 1995 - Page 2 ' Agreement relative to his property located at 124 E. Elkhorn Ave. (Riverwalk Phase III). COMMISSIONER AND COMITTEE REPORTS. Commissioner Henderson reported that in reviewing the Executive Director's Employment Contract to verify conformance with Town policy, the Administrative Committee discovered an oversight. With ten years of service, an employee's medical and dental insurance benefit is raised from 70% to 75%. Director Anderson completed ten years of service November 1, 1994. Director Anderson requested his ICMA benefit be reduced from 10.2% to 10% which would then also comply with Town policy. It was moved and seconded (Henderson/Putney) Director Anderson's Employment Contract be amended as follows, and it passed unanimously: 1. Section 2A - Modify the percentage rate of medical and dental insurance benefit to 75%. 2. Section 1 - Modify the percentage rate of the ICMA benefit to 10%. AUTHORITY BUSINESS. Archibald Site Recommendation. The Sculpture Site Committee visited the site proposed as the first choice by the Archibald Sculpture Group for a bronze life-size cougar; the Committee concurs with the site selection. The site is on the crest of the earth berm in Riverside Plaza at the approximate location of the two stone seats. Judy Hughes Archibald addressed the Authority noting that as the sculpture is a memorial, the foundry is reducing their cost from $28- 30,000 to $20,000. More than $5,000 has been received in donations and the Archibald Group has not yet inaugurated their donation campaign. A photograph was presented and the from the tip of the tail to the front of the paw, the bronze cougar will be 7 feet long. Ms. Archibald expressed her appreciation to EPURA for their participation in placing the sculpture. Director Anderson suggested EPURA and the Town provide and install the rock base for this sculpture. It was moved and seconded (Putney/Hix) the site (as further defined above) in Riverside Plaza be approved, including the joint participation (EPURA/Town) for installation of the rock base, and it passed unanimously. tj/ Staff advised that this item will be referred to the Public Works -fF committee for further consideration. In addition, the Sculpture Site Committee will be meeting August 3 to locate a suitable rock(s). Following completion of all agenda items, Chairman Gunn adjourned the meeting at 8:29 A.M. 127 0 1.1/2/. C) $7-'VSL+/' Vickie O'Connor, CMC/AAE, Town Clerk I 1-2 DRADFOACPODLIS-NGCO. RECORD OF PROCEEDINGS , Estes Park Urban Renewal Authority July 19, 1995 Commissioners: Chairman Gunn, Carl Henderson, George J. Hix, Gary F. Klaphake, Randy R. Martin, Richard S. Putney, Gerald W. Swank Attending: All Also Attending: Executive Director Anderson, Clerk O'Connor Absent: None Chairman Gunn called the meeting to order at 8:00 A.M. and reviewed a July 5, 1995 Trail Gazette news article reporting on the economic overview for the Master Plan as prepared by Dr. Tucker Adams, Economist. In addition, Chairman Gunn referred to the agenda as prepared for EPURA's Retreat scheduled in September. MINUTES. Minutes of the regular meeting held June 28, 1995 were approved as submitted. TREASURER/FINANCIAL REPORT. Director Anderson reviewed the Cash Flow Report for June 30, 1995, and confirmed that investments are fully guaranteed by the Federal Government. STAFF REPORT AND COMMUNICATIONS. Plans have been distributed for the Stanley Historic District Sign, and bids are expected by the end of the week. All documents have been accepted by the Colorado Historical Society for the Stanley Hotel Re-Roofing Project. ,The State is processing final payment for Black Roofing which is expected within eight weeks. Discussions have been held with the State Historical Society concerning the transfer of the Manor House Re-Roofing Grant to Grand Heritage Hotel. If transfer is approved, the grant dollars will be processed directly to Grand Heritage. A Site Survey Committee for the Archibald Sculpture was called to locate and recommend a site. This item will be considered as Agenda Item #6. The Retreat Agenda for September 20 at Kingstone has been distributed. The Director is attending Comprehensive Plan meetings regarding the Action Plan and Guidelines. Riverwalk Phase III. Design Studios West, Street/Parks Supt. Speedlin, Senior Planner Joseph, Mike Atkins/Rocky Mountain Lawn Care, and Director Anderson attended a landscaping site inspection. Items to be completed will be deferred pending completion of the stucco work at the Park Theatre Mall Building. TOWN LIAISON REPORT AND COMMUNICATIONS. The Talmey/Drake Community Survey results will be presented July 25 at the Town Board meeting. Commissioners were invited to attend. Draft copies of the Comprehensive Plan were previously distributed to the media. EPURA will receive complete copies when available. Commissioner Klaphake has obtained closure on the Frank Williams 6 \ *AMA - / 99* 1 1 ' 2(, 04 1 1 - , A It' 144 t- - apilit#/Ma...Ept t. I- ... I I. ~. r=·,:--14 >r.4*0 6.£ . 33 ¥19· . 9- I 9,©.:49> - 1 11. lel r-· ..fit# 2:tuf ve . . "Wh · . - 7/An 9/~44 . ~:42' . 7 2 41 ZE ..1 - .. 31 I ' * I + FLi:. 4/U*' . ¢ 4 'm..Pi tuRErprp . .e Lka.6- - - . a .~--,1*6€'.2-74-- %4/li 4(J#NA-: 9 A.~.m--* 91' mu 1 ./12./ ..A 9.il?. . 2 t; 6 9 .S::14 4 0 4,/- - 1- 27* Li~ ~ '111~ j. *,r =ae · · ... - 'UL ,· '··*/ f 1,24 , .4.,1* lor,/4 4 . I ry. .. * E9,14'. TOWN of ESTES PARK Inter Office Memorandum August 18, 1995 TO: Public Works Committee FROM: Bill Linnane ~ SUBJECT: 1995 Water Department Loop Project The Public Works Committee has approved $15,600 of change orders to date. At the June Public Works Committee meeting, staff informed you that a change order of $17,183.69 for. extra asphalt was in process. That change order quantity has been field measured-and has been reduced by $4,723.60 for a total of $12,460. If approved, the final contract price will not exceed: Original contract $230,266 ~ Change orders 15,600 0< 12.460 4 Final Contract $258,326 This final contract will actually be less due to a reduction in other original contract quantities. The budget for this project is $250,000. The $8,326 contract increase can be funded by the postponed Highway 7 water main project. Staff requests approval of the $12,460 asphalt change order. BL: ck 2-1 . 3..O,0.0.U.LI,•41•Gco. RECORD OF PROCEEDINGS < Public Works Committee June 22, 1995 T- committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Town Attorney White, Manger Sievers, Clerk O'Connor Absent: None Chairman Gillette called the meeting to order at 8:00 A.M. E.V.R.P.D. GOLF COURSE MANAGEMENT AGREEMENT - APPROVAL. Estes Valley Recreation and Park District (EVRPD) Director Gengler reported that· the Board is seeking an amendment to the existing Operating Agreement for the Estes Park Golf Course. The District desires to renew..the Operating Agreement for an initial five-year period, with an option to renew for an additional five-year period, including automatic one-year renewals following the end of either five-year period. The request is based upon the District's financial long-range planning, added security for lease-purchase agreements, and the security of a long-term agreement with the Town. Attorney White confirmed that there are no benefits to the Town to amend the Agreement as requested. The Committee recommends the Golf Course Management Agreement be returned to the Committee for further discussion, directing staff to supply copies of the ~'~~ original Agreement to Committee members for their review. PARK ENTRANCE ESTATES SPECIAL IMPROVEMENT DISTRICT - FORMATION. In a letter dated June 13, 1995, Town Attorney White reported on a meeting held with Park Entrance Estates property owners on May 31 for the purpose of outlining the procedural steps for the formation of the Special Improvement District for special improvement district bonds, and an election on November 7, 1995. A time schedule is as follows: At their meeting July 11, the Town Board would adopt a preliminary order adopting preliminary plans and specifications for the project. The order would include the cost of improvements, together with a map of the District and a schedule indicating the approximate amounts to be assessed , upon the lots within the District. At their meeting August 8, the Town Board would adopt an Ordinance authorizing the improvements to be made. The Board would also direct staff to begin the process of placing the bond issue on the November 7, 1995 election ballot. At their meeting September 12, 1995, the Board would authorize the form of the ballot question for the bond issue, adopt any necessary resolutions or ordinances to place the question on the ballot, and determine exactly who would be eligible to vote. (If private placement of the bonds is successful, only those electors within the District would vote. If the bonds are placed in the public market, a Town-wide election would result.) Staff is recommending the Board adopt a resolution indicating that only registered electors who are owners of eligible to vote on said question. property within or residents of the proposed District would be In addition, the original petition did not contemplate water system 6-1 ESTES VALLEY RECREATION and PARK DISTRICT Post Office Box 1379 · Estes Park, Colorado 80517 690 Big Thompson Avenue · (970] 586-8191 · FAX 586-8193 June 15, 1995 Mr. Gary Klaphake, Town Administrator Town of Estes Park P. O. Box 1200 Estes Park, Colorado 80517 Dear Gary: The Board of Directors of Estes Valley Recreation and Park District is seeking an amendment to the Operating Agreement for Estes Park Golf Course. The District degires to renew the Operating Agreement for an initial five-year period, with an option to renew for an additional five-year period, and automatic one-year renewals following the end of either five-year period. We request this item be placed on the Public Works Committee agenda to be held June 22, 1995. I have had our attorney prepare an agreement amending the term of the Operating Agreement. If you have any questionsi please feel free to contact me. Sincerely. Stanlell C. Gqhgler Executive Ditdctor Enc: Draft Renewal Agreement CC: Bill Linnane 6-2 DRAFT June 15, 1995 AGREEMENT AMENDING TERM OF OPERATING AGREEMENT 1. PARTIES. The parties to thls Agreement are the TOWN OF ESTES PARK, a municipal corporation ("Town"); and the ESTES VALLEY RECREATION AND PARK DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, ("District"). 2. RECITALS AND PURPOSES. Town and District have previously executed an Operating Agreement dated January 15, 1990, regarding the operation of the 18 hole public municipal golf course, club house, and maintenance facilities. The Operating Agreement provided for an initial term of five years, expiring on January 14, 1995, unless District gave notice to Town of its intent to renew the term for an additional five year period. District gave notice of its intent to renew, but such notice was not timely under the provisions of the Operating Agreement which required the notice to have been given on or before June 1, 1994. The Operating Agreement has been automatically extended for a one year period, expiring January 14, 1996. The parties desire to extend the Operating Agreement for two additional five year periods, and the purpose of this Agreement is to amend Paragraphs 15 and 16 of the Operating Agreement to provide for a five year extension, plus an additional five year renewal option. Accordingly, the parties covenant and agree as follows. 3. FIVE YEAR RENEWAL; OPTION TO RENEW FOR SUCCESSIVE PERIOD. The provisions of paragraph 15 of the Operating Agreement are hereby amended by the deletion of existing paragraph 15, and the insertion of the following as paragraph 15: "15. TERM OF AGREEMENT. The Operating Agreement is hereby renewed and extended for a five year period from ,1995 through , 2000. On or before 2000, District may renew the Operating Agreement for an additionai five year period commencing , 2000, and expiring ,2005, by giving Town written notice of its intent to renew for such successive five year period, unless either party has given notice of its intent to terminate the Operating Agreement pursuant to the terms of Paragraph 16 of the Operating Agreement. If neither such notice of intent to renew nor a notice of intent to terminate is given, the Operating Agreement shall be automatically renewed for successive one-year periods following the end of either five year term, whichever is applicable." 4. TERMINATION. The provisions of paragraph 16 of the Operating Agreement are hereby amended by the addition of the following sentence to existing paragraph 16: - "Prior to the automatic renewal as provided in paragraph 15, either party may give notice of its intent to terminate this Operating Agreement by giving a minimum of 180 days advance notice of its intention to terminate this Agreement, pursuant to paragraph 23 below. In such event, the provisions of paragraph 31 shall apply." 5. RATIFICATION OF OPERATING AGREEMENT. Except as provided herein, ail other provisions of the Operating Agreement are hereby ratified and affirmed, and remain in full force and effect. Dated: 1995 TOWN OF ESTES PARK By: -. Attest: Clerk ESTES VALLEY RECREATION AND PARK DISTRICT By: Attest: Secretary 6-3 .. RECEIVED 932 * (17 2.1/ i NOV 3 0 1994 .W#6#War'. ADMIN. DEPT. ' k: :b.. ·>FAM ~.9;"~ I,p}' ~:9 1 1 1 ESTES 1//\LLEY RECREATION and PARI< DISTRICT post Office Box 1379 · Estes Park, Colorado 80517 690 Dig Thompson Aventic - {3031 586-8191 - FAX 50 G-8193 November 29, 1994 < ew- Gary Klaphake, Administrator Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Gary: Attached is a notice of renewal for Estes Park Golf Course. On January 15, 1990, the Town of Estes Park and Estes Valley Recreation and Park District developed a new management agreement for Estes Park Golf Course. The agreement was for five years with a renewal option of five years. We are requesting a renewal of the ~~reement for an additional five years. '-The terms of renewal identified that our renewal request was to be made six months prior to the completion of the fifth year. Time has gotten away from us, and we missed the timeframe. It's hard to believe that it has been.five years since all the improvements have been made to the golf course. Our intergovernmental cooperation has been good, and this project represents how governments can cooperate and save residents money. Another intergovernmental cooperative effort where we have experienced a great deal of success has been the computer/finance program. This program has been in existence for about sixteen months and has served us well. We are now on line, via a modem, and are able to develop new budgets, revise budgets, and manage our financial program. This program is a model of intergovernmental cooperation. Please place the renewal of Estes Park Golf Course Operating Agreement on the agenda of the appropriate Town Trustee committee meeting for consideration. If you have any*questions, please feel free to contact me. Our intergovernmental cooperation has been very good, and we look forward to new opportunities for continued cooperation. (~~incerely, -114 014_ Stanley /2. Gengld Executive Directdal CC: Greg White 44.4 M,!,1 , NOTICE OF RENEWAL / Pursuant to the terms and conditions of paragraph 15 of the Operating Agreement between the Town of Estes Park ("Town") and the Estes Valley Recreation and Park District ("District"), dated January 15, 1990, notice is hereby given the Town of the District's intent to renew the Operating Agreement for an additional five year period, commencing January 16, 1995, and terminating January 15, 2000. Dated: November 21 1994" ESTES VALLEY RECREATION AND PARK DISTRICT , 1 /./7 . 0 By:.3 3 2 * ic, 7 Al·Zi £ L Pres k~ft ' ' / attest: 40.1 2 1 4.- 67- se 4td ty' : ACCEPTANCE OF NOTICE TO RENEW AND WAIVER OF OBJECTIONS Town of Estes Park hereby acknowledges receipt of, and accepts, District's notice of intent to renew the Operating Agreement dated January 15, 1990, between the Town and the District, for an additional five year period, and Town hereby waives any objections to, or defects in, such notice of intent, including the timeliness of such notice. This acceptance and waiver shall not operate or be construed as a waiver of any future noncompliance, defect, breach, or violation of the Operating Agreement. Dated: 1994 TOWN OF ESTES PARK ' By: Mayor attest: Town Clerk ~ VRPD\NOT.LSE 6-4 -rr' 1 1 i 2. 1 012.16IJAL OPERATING AGREEMENT I THIS AGREEMENT, is made this 15th day of January, 1990, < between THE TOWN OF ESTES PARK, a Municipal Corporation, (hereinafter referred to as "the Town") , and THE ESTES ~ VALLEY RECREATION AND PARK DISTRICT, a quasi-municipal Corporation and political subdivision Of the State of Colorado, (hereinafter referred to as "the District"). WHEREAS, the Town is the owner, in fee simple, of J certain real property, the legal description of which is attached hereto as Exhibit "A" and incorporated herein by ~ reference, which contains an 18-hole public golf course, club house and related maintenance facilities; and WHEREAS, the Board Of Trustees of the Town has determined that it is necessary and in the best interests of the Town and its inhabitants: 1. To construct, install and .acquire improvements and equipment to the existing club house for the 18-hole Municipal Golf Course; 2. To construct and install new fairways, tees - and greens, including the realignment Of existing fairways, tees and greens on certain portions of the golf course; and 3. To construct a new maintenance building for the golf course. The above improvements are collectively referred to herein as "the Project;" and WHEREAS, the Town has determined that it is necessary to enter into the Ground Lease Agreement (the "Ground Lease") , dated as of January 15, 1990, with the Estes Park Building Authorit¥ (the "Authority"), a Colorado non-profit corporation, leasing the property to the Authority under the terms and conditions of said Ground Lease; and WHEREAS, the Town will then lease the property back from the Authority pursuant to the terms and conditions of the Golf Course Lease Agreement (the "Lease"), dated as Of January 15, 1990; and WHEREAS, the Authority Will then issue certain Certificates of Participation (the "Certificates") for the purpose of constructing and installing the Project and for - the payment of costs of issuance thereof ; and / WHEREAS, the Authority and the Central Bank of Denver, as Trustee will then enter into a Mortgage and Indenture of Trust dated as of January 15, 1990, ( "the Indenture") securing the payment of the Certificates of Participation; and WHEREAS, the Town and the District have determined that it .is necessary to enter into this Operating Agreement for the purpose of providing the necessary operation, adminis- tration, and maintenance of the golf course, the club house and the related maintenance' facilities, (the "Facilities"). NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. SERVICES TO BE PERFORMED BY THE DISTRICT. During the term of this Agreement, the District shall perform the following services for the operation, administration and maintenance of the Facilities. These responsibilities are as . follows: A. The District shall operate the golf course as a public facility. The golf course shall be maintained to a standard comparable to other public golf courses in the northern Colorado area, subject to the limitations inherent in the-altitude and terrain of the golf course. The District shall be responsible for providing the necessary equipment, facilities, inventory, supplies and labor necessary to maintain the golf course. B. The District Will maintain the current sprinkling system on the course and make all necessary repairs, maintenance and replacements for the system necessary to keep it in good operating condition. It shall be the responsibility of the District to provide the necessary water to; adequately water the golf course, subject to reasonable -availability of water to the District. C. The District shall operate a golf merchandise shop in the club house. D. The District shall be responsible for the operation, maintenance and repair of the club house, including, but not limited to cleaning, janitorial services, trash removal, repair and maintenance of the various mechanical systems, such as heating and air- conditioning. E. The District shall be responsible for all major repairs and maintenance of the Facilities. 6-5 .- 1 - F. The District shall provide all necessary security for the Facilities. G. The District shall provide a food and beverage concession for the golf course and club house. The District shall provide all inventory, equipment and supplies for use in the club house for food and beverage services. H. The District shall provide all necessary licenses and permits for the operation of the club house and golf course, such as liquor licenses, sales tax licenses and occupation licenses. 2. OPERATIONAL GUIDELINES. The District shall develop and deliver to the Town a set of Operational Guidelines for the Facilities for each upcoming year. The District shall operate the Facilities in accordance with the Operational Guidelines. 3. PERSONNEL'. The District shall hire the personnel necessary to fulfill its operational requirements pursuant to the terms of this Agreement. Such personnel shall be ». hired and employ,ed by,the District, except that the District may employ in its discretion, independent contractors to .Iv perform services required by the District. All such independent contractor relationships shall be between the District and the independent contractor and shall not include the Town. 4. FEES. The District shall be entitled to charge fees for the use of the Facilities. It shall be in the sole discretion of the District to set and determine the fees charged for all of the Facilities. All revenues from the operation of the Facilities shall be the property of the District. 5. OPERATING AGREEMENT FEES. In consideration of the granting to the District of the exclusive right to all revenues from the operation of the Facilities, the District shall pay, or cause to be *paid, the following fees to the Town or other parties to which the fees are due: A. Base Rentals. The District shall pay those base rentals more fully set forth in Section 6.2 of the Lease. Said base rentals shall be paid to the Town fifteen (15) days prior to the date the Town is required to pay said base rentals to the Trustee under the applicable terms and conditions of the Lease and the Indenture.. Base rentals shall be adjusted by the parties upon the occurrence of the following event or events: 1 . . (1) 0 Adjustment of the Base Rentals, due to monies transferred into the Certificate Fund as that fund is defined in the Indenture from accrued interest, investment earnings from the Reserve Fund or Certificate Fund, the Reserve Fund, and monies from the Construction Fund. (2). If the Building Authority issues Additional Certificates as the same are defined in the Indenture, the base rentals shall be adjusted accordingly. (3). In the event there is a partial redemption Of the Certificates and/or the Additional Certificates, if applicable, the base rentals shall be adjusted to reflect the partial redemption. However, the base rentals shall only be adjusted in the event that monies used to effect the partial redemption of the Certificates and/or Additional Certificates, are deposited with the Town for that purpose by the District. (4). In the event the Town exercises the Purchase Option, as set forth in the Lease, the ~ .. of the purchase price paid by the District to the base rentals shall be adjusted by a pro rata amount Town for the purpose of exercising said Option. (5). In the event the Town receives any monies pursuant to Section 15.4 of the Lease, the District shall be entitled to reimbursement of said funds as an overpayment of Base Rentals. 6 . B. Additional Rentals. The District shall Pay, or cause to be paid, all Additional Rentals, as the same are set forth in Section 6.2 of the Lease. The payment of said Additional Rentals shall be under the same terms and conditions as the Town's obligation to pay Additional Rentals as provided in the Lease. In the event that there are no Base Rentals due and owing under the provisions of Subparagraph A above, the District shall continue to pay all Additional Rentals due and owing during the term of this Operating Agreement. C. Manner of Payment. The Base Rentals shall be paid in lawful money of the United States of America to the Town. The. obligation of the District to pay the Base Rentals and Additional Rentals required under the Lease during the term of this Agreement, shall be absolute and unconditional, and payment of the Base Rentals and Additional Rentals shall not be abated through accident or unforeseen circumstances. Notwithstanding any dispute between the District and the 6-6 Town, any contractor or subcontractor retained with respect to the Project, any supplier of labor or materials in connection therewith, the District shall make all payments of Base Rentals and Additional Rentals when due and shall not withhold any Base Rentals or Additional Rentals pending final resolution of such dispute, nor shall the District assert any right of set-off or counterclaim against its obligation to make such payments required hereunder. NO action nor inaction on the part of the Town shall affect the District's obligation to pay all Base Rentals and Additional Rentals during the term of this Operating Agreement. D. Payments to Constitute Currently Budgeted Expenditures of the District. The District and the Town acknowledge and agree that the Base Rentals and Additional Rentals hereunder shall constitute currently budgeted expenditures of the District. The District's obligations under this Agreement shall not constitute a mandatory charge or requirement in any ensuing Fiscal Year beyond the then current Fiscal Year. No provision of this Agreement shall be construed or interpreted as creating a general obligation or other indebtedness of the District within the meaning of any constitutional or statutory debt limitation. NO provision Of this Agreement shall be construed or interpreted as creating a delegation of governmental powers nor as a donation by or a lending of .the credit of the District within the meaning of Sections 1 or 2 of Article XI of the Constitution of the State. Neither the Agreement nor the issuance of the Certificates shall directly or indirectly obligate the District to make any payments beyond those appropriated for the District's then current Fiscal Year. No provision of the Agreement shall be construed to pledge or to create a lien on any class or source Of District moneys, nor shall any provision Of this Operating Agreement restrict the future issuance of any District bonds or obligations payable from any class or source of District moneys. E. Force Maieure. The District shall be obligated to pay the Base Rentals and Additional Rentals except, by reason of Force Maieure, the District shall be unable in whole or in part to carry out any agreement on its part herein contained. The District shall not be deemed in default during the continuance of such inability. The District agrees, however, to remedy, as promptly as legally and reasonably possible, the cause or causes preventing the District from carrying out its agreement; provided that the settlement of strikes, lockouts and other industrial disturbances shall be entirely within the discretion of the District. 6. CONSTRUCTION PHASE. The parties understand and agree that the District will be undertaking the construction of the Project following the execution of this Agreement. The District agrees to construct the project, provide the documents, enter into and obtain the documents, contracts, insurance policies and bonds, subject to availability and statutory requirements, and provide insurance as the Town is obligated so to do under Article VII of the Lease. In the event the Project cannot be completed with the amount of moneys available therefor in the Construction Fund, including all investment income in said Fund , the District agrees to exercise one of the following options: (A) Make such modifications to the plans and specifications for the Project as will permit the Project to be·constructed, installed and completed from the·amounts available therefor in the Construction Fund; or (B) Request that the Town, together with the , Trustee, use their best efforts to issue additional Certificates pursuant to Section 2.11 of the Indenture; + or (C) Cause to be deposited sufficient funds of the District in the Construction Fund to complete the project. 7. COMPLETION oF CONSTRUCTION. The District shall provide the Town with a Certificate of Completion of the Project as set forth in Article VII of the Lease. Upon delivery of that Certificate Of Completion and the acceptance thereof by the Town, the District's responsibility under Paragraph 6 above shall be fulfilled, except that said fulfillment Of the District's responsibility shall not prejudice or waive any rights the Town may have against third parties which exist at the date of delivery of the Certificate or which may subsequently come into being. 8. INSURANCE. Following completion of construction and delivery of the Certificate set forth in Paragraph 7 above, the District shall provide casualty, public liability and property damage insurance in the amount and under the terms and conditions as set forth in Section 9.5 of the Lease. The Town shall be named as an additional insured under all such policies. 9. TAXES. The District shall pay all property taxes, real property taxes, assessments, special assessments, personal property tax on all equipment, inventory and supplies used by the District ln the operation and 6-7 maintenance of the golf course and club house, all applicable sales tax and use taxes, all necessary unemploy- ment, workers' compensation, FICA, employees' federal and state withholding and FICA taxes on employees of the District which are employed in any capacity for work at the facilities. Such taxes shall be paid when due. 10. EOUIPMENT. The District shall provide all necessary equipment for the operation and maintenance of the Facilities. The equipment shall remain the property of the District and not the Town, except that equipment which shall remain the property Of the Building Authority, which equipm,nt was purchased from the proceeds of the Certificates. In the event of termination Of this Agreement, the District shall sell all of the equipment requested by the Town used by the District in the operation and maintenance of the Facilities, to the Town for its then fair market value, except the District shall be entitled to keep all equipment used by the District in the operation and maintenance of the 9-hole golf course and other activities Of the District. The Town shall Pay the District the appropriate amount in cash within sixty (60) days of the date of termination of this Agreement. 11. NON-APPROPRIATION. In the event that the District shall not specifically budget and appropriate, on or before December 31 of each Fiscal Year, moneys to pay all Base Rentals ' and the reasonably estimated Additional Rentals coming due for the next ensuing Fiscal Year, an Event of Non-appropriation shall be deemed to have occurred; subject, however, to each of the following provisos: A. The Town shall declare an Event of Non- appropriation on any earlier date on whi.ch the Town receives official, specific written notice from the District that the Operating Agreement Will be terminated. B. Absent such notice from the District, the Town shall give written notice to the District of any Event of Non-appropriation on or before the next following January 6; but any failure of the Town to give such written notice shall not prevent the Town from declaring an Event of Non-appropriation or from taking any remedial action which would otherwise be available to the Town. C. The Town may waive any Event of Non-appro- priation which is cured by the District within a reasonable time, if in the Town's judgment such waiver is in the best interests of the Town. D. The Town shall waive any event of Non-appropriation which is cured by the District, by specifically budgeting and appropriating, within 30 days of the giving of notice by the Town as provided in B above, or by April 1 of the ensuing Fiscal Year whichever is earlier, moneys sufficient to pay all Base Rentals and reasonably estimated Additional Rentals coming due for such Fiscal Year. In the event that during any Fiscal Year, any Additional Rentals shall become due which were not included in the District's current budget, and if there are no moneys available to pay such Additional Rentals, then in the event that moneys are not specifically budgeted and appropriated to pay such Additional Rentals within 90 days subsequent to the date upon which such Additional Rentals are due, an Event of Non-appropriation shall be deemed to have occurred, upon notice by the Town to the District to such effect (subject to waiver by the Town as provided in Paragraph C above.) If an Event of Non-appropriation occurs, the District shall not be obligated to make payment of the Base Rentals or Additional Rentals or any other payments provided for herein which accrue after December 31 of the Fiscal Year during which such Event Of Non-appropriation occurs; provided, however, the District shall continue to be liable for Base Rentals and Additional Rentals allocable to any period during which the District shall continue to occupy the Facilities. The District shall in all events vacate the Facilities by December 31 of any Fiscal Year during which an Event of Non-appropriation occurs. 12. TOWN'S RESPONSIBILITIES PURSUANT TO THE LEASE. The Town agrees to perform all Of its obligations and responsibilities pursuant to the terms and conditions of the Lease. In the event the Town is in default, and the Lease is terminated for said default, the District shall be entitled to negotiate with the Building Authority and/or the Trustee with regard to the operation and maintenance of the Facilities and the construction of the Project. 13. TERMINATION BY THE TOWN. The Town shall have the option of terminating this Agreement in the event of default by the District herein: A. Default. The following shall, unless cured in accordance with Paragraph B below, constitute a default by the District: 6-8 (1). The filing of a voluntary petition for protection under the Federal Bankruptcy laws; (2). A discontinuance by the District of its business or abandonment Of activities at the Facilities; (3). Failure of the District to perform its duties and responsibilities under the terms of this Agreement; (4). An event of Non-appropriation by the District. B. Cure. The District shall have thirty (30) days after written notice from the Town, specifying the nature of its default, to cure said default. C. Notice of Termination. The Town may exercise its option hereunder to terminate this Agreement by giving written notice to the District. 14. TERMINATION BY THE DISTRICT. The District shall have the option of terminating this Agreement in the event of default by the Town herein: A. Default. The following shall, unless cured in accordance with Paragraph B below, constitute a default by the Town: (1). The filing of a voluntary petition for protection under the Federal Bankruptcy laws; (2). Failure of the Town to perform its duties and responsibilities under the terms of this Agreement; (3). An event of Non-appropriation by the Town, pursuant to the applicable provisions of the Lease. B. Cure. The Town shall have thirty (30) days after written notice from the District, specifying the nature of its default, to cure said default. C. Notice of Termination. The District may exercise its option hereunder to terminate this Agreement by giving written notice to the Town. 15. TERM OF THE AGREEMENT. The term of this Agreement shall begin on the 15th day of January, 1990, and shall be for a five-year period. Unless this Agreement is terminated as provided in Paragraphs 13 and 14 above, the District shall have the option of renewing this Agreement for an additional five-year period by giving the Town notice on or before June 1, 1994 of its intention to renew this Agreement for an additional five-year period. This Agreement shall automatically renew for additional one-year periods following either the end of the first five-year term, or the second five-year term, whichever is applicable, unless this Agreement is terminated by either party pursuant to Paragraph 16 below. 16. OPTION TO TERMINATE. At the end of either the first five-year term or second five-year term set forth in Paragraph 15 above, whichever is applicable, either party , shall have the option to terminate this Agreement upon giving written notice to the other party at least 180 days prior to the automatic renewal date which is January 15th of each year. Said notice shall be given pursuant to the provisions of Paragraph 23 below. 17. IMPROVEMENTS OR MODIFICATIONS TO THE FACILITIES. Following the completion of the construction, the District may modify the Facilities only upon receipt of written approval or such modification by the Town. This shall only apply to improvements or modifications requiring the , expenditure of more than $25,000.00. 18. TAX EXEMPTION WARRANTY. The District certifies and covenants to and for the benefit of the Town that so long as ! any of the. Certificates remain outstanding, the District , shall at all times do and perform all acts and things necessary or desirable in order to assure that interest paid on the Certificatesshall, for the purposes of federal indome taxation, be excludable from the gross income of the recipients thereof and exempt from such taxation. It is hereby covenanted and agreed by the District that it will not make, or permit to be made, any use of the original proceeds of the Certificates, or of any moneys treated as proceeds of the Certificates within the meaning of the Code and applicable regulations, rulings and decisions, or take, i permit to be taken or fail to take any action which would adversely affect the exclusion from gross income of the interest on the Certificates under Section 103 of the Code and applicable regulations, rulings and decisions. The covenants contained in this Section shall continue in effect until all Certificates are fully paid, satisfied and ; discharged. 1 19. INDEPENDENT CONTRACTOR. The District is not an agent or employee of the Town hereunder, and all of its activities relating to the Facilities shall be in its capacity as independent contractor to the Town. 6-9 20. INDEMNIFICATION BY THE DISTRICT. The District agrees to indemnify, hold harmless and defend the Town, and its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss or use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the District's intentional or negligent actions and/or omissions in the operation and maintenance of the Facilities and construction of the Project under the terms and conditions of this Agreement. 21. INDEMNIFICATION BY THE TOWN. The Town agrees to indemnify, hold harmless and defend the District, its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from any negligent or intentional act and/or omission of the Town with regard to the operation and maintenance Of the Facilities and construction Of the Project under the terms and conditions of this Agreement. 22. NOTICE OF CLAIMS. The Town and the District will provide each other with prompt notice of any event covered by the indemnity section of this Agreement and in the event of a claim or action is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. 23. NOTICES. All notices, demands or other documents required or desired to be given, made or sent to either party under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed, postage prepaid, certified mail, return receipt requested as follows: TOWN OF ESTES PARK DISTRICT Town Administrator Executive Director Town of Estes Park Estes Valley Recreation Post Office Box 1200 District Estes Park, CO 80517 Post Office Box 1379 Estes Park, CO 80517 with a copy to: Gregory A. White, Esq. John Phipps, Esq. 200 E. 7th Street, #418 Post Office Box 1569 Loveland, CO 80537 363 E. Elkhorn, Suite 308 Estes Park, CO 80517 t 24. ENTIRE AGREEMENT. This Agreement constitutes the : entire agreement between the parties pertaining to the subject matter hereof. 25. APPLICABLE LAW. This Agreement shall be construed in accordance with the laws of the State of Colorado and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. 26. ATTORNEYS' FEES. In the event either party to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the terms and provisions of this Agreement and shall prevail in a final, non-appealable judgment entered by a court of competent jurisdiction, then the non-prevailing party shall reimburse the prevailing party for all reasonable attorneys' fees, court costs, and reasonable expert witness fees incurred as a result of such proceedings. r 27. PARTIES BOUND. This Agreement shall bind the fespective successors and assigns of the parties hereto. 28. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any respect, such invalidity,illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or , unenforceable provision had never been contained herein. 29. ASSIGNMENT. This Agreement may not be assigned by either party hereto without the written consent of the other party. 30. FORCE MAJEURE. For the purpose of Paragraph 5, Subparagraph E of this Agreement, "Force Majeure" means, without limitation, the following: acts of God; strikes, , lockouts or other industrial disturbances; acts of public i enemies; orders or restraints of any kind of the government , of the United States of America or of the State or any of their departments, agencies, or officials or any civil or military authority; insurrection; riots; landslides; earthquakes; fires; storm; droughts; floods; explosions; i breakage or accidents to machinery, transmission pipes, or canals; or any other cause or event not within the control of the District. 6-10 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. TOWN OF ESTES PARK i I 1 Lf 11/ A Mayor ATTEST: 9146 (O - €»».,A j Town Clerk ESTES VALLEY RECREATION AND PARK DISTRICT (,.1--47,·'0 L L)1 CL 7 11£ By: President ATTEST: S Scretary ~ J J MEMORANDUM DATE: August 22, 1995 TO: Public Works Committee FROM: Greg Sievers RE: 1995 Street Improvement Project CC: Bill Linnane The 1995 budget contains $150,000 for the improvement and maintenance of the roadway infrastructure. Fifty thousand has already been assigned for the application of Slurry Seal. Bid packages for this portion were sent to six (6) paving companies and bids were received on August 22nd. Bid Tabulation and projected street work list is attached. Summary of bids is as follows: 1. Bestway Paving, Greeley CO no bid 2. Bituminous Roadways, Longmont CO $109,372 3. Connell Resources, Fort Collins CO $135,650 4. Coulson EExcavation, Loveland CO no bid 5. Kehn Construction Fort Collins CO no bid 6. Western Mobile Boulder CO $122,550 Staff requests accepting the low bid from Bituminous Roadways for $109,372. Please note that $14,363 was carried over from 1994 for incomplete work from a previous contractor. This added to the 1995 budget increases the overall spending authority and allows for a 5% contingency. Also note that due to the extent of U.S. West construction we may have to delete some of the proposed streets and add others to avoid them excavating in any newly paved roads. 5-1 a. C D € mi *LOCD co C) 5-2 Project: Contract Time: 30 calendar days 1995 STREET IMPROVEMENT PROJECT Project Engineer: Greg Sievers Item Item Description Quantity Extension Extension Unit Price Extension 1 1-1/2" HMA 2675 TON 33.30 89,077.50 38.00 101,650.00 40.00 107,000.00 2 Street Patching 700 SY 11.30 7,910.00 12.00 8,400.00 14.00 9,800.00 3 Fabric Patching 8000 SY 1.10 8,800.00 1.00 8,000.00 1.50 12,000.00 Water Valve Adjust. 10 EA 48.45 484.50 50.00 500.00 145.00 1,450.00 SUBTOTAL $106,272.00 $118,550.00 $130,250.00 7 4" Curb (optional) 1000 LF 3.10 3,100.00 4.00 4,000.00 5.40 5,400.00 00'099'GELit 00'099'EELS 00 EZE'60 L$ 1V1O1 BID TABULATION Bid Date: 8/22/95 ITUMINOUS ROADWAYS WESTERN MOBILE CONNELL RESOURCES 0L 000 000 00 000 .... OLD O tri O ON ONLD N 00 El-C)h Lo r-'N c-K .ric) 00 r 9- 000 OLD 0100 MOI OOANNCONMOO LOI r h r m N N N M N WI O ID 00 00 NONOO o N ve (Dooco h CU- h O h O. 0 <e cu e v- 4 cy 09 N M N Ui CJ " r . 4- r- * LO O NI NNGINGINNCUNI OLOLD 0000 If)NCD ONOO .r O- 00 0-Mqc. C\1 9 . 0 = M C e U M 5 A °6 9 4 I v € R >4@ 3)7 ce ..9 co,c*OEEZ' _Im1110.OIZIEOO 1 0 2 -2 3 2- A Im A 6 E & 6 k 20 82#23&4 5 cv C = .8 W .2 582% O LiC IN #im 6 5-3 N e 4 u·i d K 06 06 r STREET NAME FROM TO Length Width SY Tonnage Est@$35/TON 1. Carriage Dr. idth change keshore 24 3,500 00 Chapin Lane 4,000 00 Courtney Lane ,950 0 ~i~~:~Pt. 100.00 875.00 00'929'£6$ SZ9'Z L LZ' LE £69'EL Slvlol 1523 3385 kker Circle 1,400 Lone Pine Gulch 1210 1995 Street Improvement Project A. 1-1/2" OVERLAY Bypass TOWN OF ESTES PARK PUBLIC WORKS DEPARTMENT CITIZEN SERVICE RESPONSE REPORT JUNE, 1995 CODE TYPE OF CALL NO. OF CALLS HOURS 11 BLEEDER MAINTENANCE 12 UTILITY LOCATION~ *~ ~ : 4 4:* 92.00 -: .139.50 15 SERVICE LINE INSPECTION 16 TAP REQUEST .-. 6.00 ... 21.00 17 WATER QUALITY. 1..oo .1.50 20.-PRESSURE·PROBLEMS.:· 1-.00 + : 1.00 22 FROZEN LINES 224 LINE BREAKS: MAINN 15.00 28.50 30 METER*REPAIR . 31.00. : .42.00 32 FINAL INSPECTION< 12.00 16.00 ·2.00 2 21.00 40 CONSTRUCTION RELATED 50 STREET REPAIR: ~ ~ 1.00 1.00 51 SNOW REMOVAL 52 STREET SWEEPING 53 SIGN REQUESTS AND REPAIR: 2.00: . 4.50 54? STORM DRAINAGEL :: :: 0.50 60 ·;OTHERI.. - ..:i: >11.00 * * :6 - 31.00 TOTALS FOR JUNE, 1995 175.00 307.50 HISTORICAL DATA THIS MONTH " p' LAST MONTH z : LAST YEAR : TOTAL CALLS z .r :. ' 12~ 4175.00 .. 3 -152?00 ' * :... - 147.00 TOTAL·MAN HOURST . ~~~~ :307.50 275.00 i .: . <« :: 188.50 %CHANGE(CALLS/MHS) +15.13%/+11.82% 467.03%/+91.30% +19.05%/+63.13% Rl-1 TOWN OF ESTES PARK PUBLIC WORKS DEPARTMENT CITIZEN SERVICE RESPONSE REPORT JULY, 1995 CODE TYPE OF CALL NO. OF CALLS HOURS 11 BLEEDER MAINTENANCE 12 UTILITY LOCATION 107.00 171.00 15 SERVICE LINE INSPECTION 1.00 1.00 16 TAP REQUEST 3.00 5.00 17 WATER QUALITY 20 PRESSURE PROBLEMS 2.00 2.00 22 FROZEN LINES 24 LINE BREAKS: MAIN 10.00 137.50 30 METER REPAIR 6.00 7.50 32 FINAL INSPECTION 8.00 8.50 40 CONSTRUCTION RELATED 1.00 1.00 50 STREET REPAIR 2.00 5.00 51 SNOW REMOVAL 52 STREET SWEEPING 1.00 1.00 53 SIGN REQUESTS AND REPAIR 1.00 24.00 54 STORM DRAINAGE 2.00 34.00 60 OTHER 7.00 22.50 TOTALS FOR JULY, 1995 151.00 420.00 HISTORICAL DATA THIS MONTH LAST MONTH LAST YEAR TOTAL CALLS 151.00 175.00 116.00 TOTAL MAN HOURS 420.00 307.50 179.75 %CHANGE(CALLS/MHS) -13.71%/+36.59% +15.13%/+11.82% +30.17%/+133.66 Rl-2 TOWN OF ESTES PARK JUNE 1995 ACCOUNTABLE WATER REPORT I) Treated water for May 14,1995 through June 13, 1995: May 14 to 31 Water Treated: *Fall River O Glacier Creek 1,079,000 Marys 23,500,000 June 1 to 13 Water Treated: * Fall River O Glacier Creek 5,941,000 Marys 13,815,000 Total Water Treated in Billing Period 44,335,000 Gal. 2)Accountable Water Adjustments: 5,036,284 Billing: 25,583,456 *Backwash 0 Total Water accounted for: 30,619,740 Gal. 3.) PERCENT ACCOUNTED FOR: 69% 4.) 12 MONTH AVE. PERCENT ACCOUNTED FOR: 76% R2-1 JUNE, 1995 ADJUSTMENTS 1.) Water Dispenser TOTAL WATER DISPENSER (Gal.) 157,000 2.) Bleeders TOTAL BLEEDERS (Gal.) 3,325,284 3.) Flushing/Leaks/Misc. a. 26-May Flush Brookside 150,000 b. 12-Jun Fall River leak 40,000 c. 5/14-6/13 Fish Hatchery Bleeder 1,364,000 d. e. f. g. h. j. k. 1. TOTAL LEAKS, MISC. (Gal.) 1,554,000 TOTAL ADJUSTMENTS (Gal.) 5,036,284 R2-2 TOWN OF ESTES PARK TOTAL WATER PLANT PRODUCTION (CALENDER MONTH MINUS BLEEDERS) 1994 1994 1995 1995 MONTH YTD ~~~~ ~~ MONTH YTD %.- % MONTH TOTAL TOTAL i TOTAL TOTAL CHANGE CHANGE (GAL.) (GAL.) (GAL.) (GAL.) (GAL.) (MONTH) (YTD) JANUARY 26,254,900 26,254,900 29,773,400 29,773,400 13% 13% FEBRUARY 23,570,900 49,825,800 26,673,800 56,447,200 13% 13% MARCH 25,802,800 75,628,600 29,439,200 85,886,400 14% 14% APRIL 25,339,400 100,968,000 28,508,550 114,394,950 13% 13% MAY 41,750,328 142,718,328 33,845,000 148,239,950 -19% 4% JUNE 63,441,300 206,159,628 45,954,716 194,194,666 -28% -6% JULY 76,468,746 282,628,374 : AUGUST 58,651,900 341,280,274 SEPTEMBER 46,454,520 387,734,794: OCTOBER 33,144,140 420,878,934 NOVEMBER 27,853,010 448,731,944 DECEMBER 29,341,400 478,073,344 TOTAL 478,073,344 AC - FT 1,467 R2-3 TOWN OF ESTES PARK WATER USE RECORDS JUNE, 1995 DATE FALL GLACIER SUBTOTAL MARYS : TOTAL RIVER CREEK (GAL) CFS (GAL) CFS (GAL) 1 0 0 - 0.00 1333000 2.08 1,333,000 2 0 0 - 0.00 4 1365000 2.13 1,365,000 3 0 0 - 0.003: 1392000 2.17 1,392,000 4 0 0 - 0.00: 1197000 1.86 1,197,000 5 0 0 - 0.00 ?i: 1176000 1.83 1,176,000 6 0 563000 563,000 0.88 1193000 1.86 1,756,000 7 0 869000 869,000 1.35 881000 1.37 1,750,000 8 0 805000 805,000 1.25 995000 1.55 : 1,800,000 9 0 777000 777,000 1.21 764000 1.19 1,541,000 10 0 697000 697,000 1.09 868000 1.35 1,565,000 11 0 684000 684,000 1.06 819000 1.28 1,503,000 12 0 722000 722,000 1.12 ·:· 943000 1.47 1,665,000 13 0 824000 824,000 1.28 889000 1.38 1,713,000 14 0 848000 848,000 1.32 : 830000 1.29 1,678,000 15 0 883000 883,000 1.37 3 892000 1.39 1,775,000 16 0 898000 898,000 1.40 925000 1.44 1,823,000 17 0 899000 899,000 1.40 903000 1.41 1,802,000 18 0 936000 936,000 1.46 936000 1.46 1,872,000 19 0 1038000 1,038,000 1.62 G 713000 1.11 1,751,000 20 0 1066000 1,066,000 1.66 : 739000 1.15 1,805,000 21 0 1183000 1,183,000 1.84 732000 1.14 1,915,000 22 0 1179000 1,179,000 1.84 i 760000 1.18 1,939,000 23 0 1150000 1,150,000 1.79 i 669000 1.04 1,819,000 24 0 1202000 1,202,000 1.87 745000 1.16 1,947,000 25 0 1116000 1,116,000 1.74 716000 1.11 1,832,000 26 0 1195000 1,195,000 1.86 748000 1.16 1,943,000 27 0 1136000 1,136,000 1.77 i 774000 1.21 1,910,000 28 0 1172000 1,172,000 1.82 708000 1.10 1,880,000 29 0 1025000 1,025,000 1.60 i 677000 1.05 1,702,000 30 0 1011000 1,011,000 1.57 831000 1.29 1,842,000 31 0 0 - 0.00 0 0.00 0 TOT. 0 23,878,000 23,878,000 1.19 : 27,113.000 1.36 . 50,991,000 AF 0.00 73.28 73.28 83.21 156.50 CFS 0.00 1.19 1.19 1.35 · : 2.55 BL(-) N/A N/A N/A H N/A -5.036,284 GAL 0 23,878,000 23,878.000 27,113.000 ~45,954,716~ AF 0 73.28 73.28 83.21 f 141.04 1st-13 0 5,941,000 13,815,000 14 - 31 0 17,937,000 13,298,000 R2-4 %& 2 za 4% E .E R% 04- C oN Uy.7**93450.,0.-= *66 L 1 L.9«512179,9,7 5-1 - /6 61. 412*26%24 L66 L ---:--t/*. I--4V....2/W" ly.exi/.~3;7/41/'' 12··74- 41, E-7*vw,:4%u-e' 696 L ,· ~ wigit'akio·*g:.. 996 L . 1 - h "142,2 1.-·:th>14;11».:- LE61. - . Ppy 11//f'.8/0/ brid - U:f-:5 :21- ·~ 1 ~>ze 996 1. 4,te;:¥-y.kb.fv 996 L T . · u-·-1.4 1 4. Sul.....7 3... '8610 :-- ' .- ''' ' 1 ./.-I ~~~ | ~~........ ./'.Il-,....' *..fA'.2 Z96L i Offf-:M -- - ..Mt#*MPAR ALZ * -4,1,1.42~P·£~1 0 1.wm:gat_ £86 L R2-5 je0X Change from previous year JUNE & YTD GALLONS BILLED 140,000,000 j - - %- hi V3 A 120,000,000 -f 3 - 100,000,000 -1 80,000,000 -1 GALLONS 60,000,000 -1 ..- 000'000'01, ~. · ., - 000'000'07 ZO R% O > 0 a a m (3...4-:r'-3<29·~ S:··44570 4<·:fl»21=121-EliLL-L-,LL---1 1 4. 1 0- -7~ tie%4@2M:~*2~ 3 - 1 1/ 1 O 1 2.-- . -,2 35*:~a%guah."FAR''%Aaejei --: 466 L N E · UCK*#085 1 US g 0 + -r 0 .C v ..C- 3.*•~i#~··,t 1 4***64 166 L 1 ~13.+5.·-:*2'.te L66 L J V ...../.* ./ -. 1 43Rti·,f-.c=p:LA 066 k ~ Vi.:...32'36-30£24 696 L I k . . 1. 4.649.*r: 996L ~ ' 428'ti.#. *96 L ·· .: £86L - .:A .1 . 1031.3,1-12,1, 986k - ....21-/ c. .,hecca~~3~23e.•,-£~I. - I w.22.-«.,5*j.. 986 L Vjuit IMMI~Fll/01/"1'll"lit 1 1 4<.*--.- 196 L 1 ~ :1 -45,05 £86 k g 0 R2-6 %9'91.- Change El¥31 JUNE & YTD REVENUE 500,000.00 -·' 450,000.00 -4 p. 400,000.00 -/ . · ..<. 0 i., 350,000.00 -/ REVENUE 250,000.00 -/ ..2 z. 300,000.00 -x - 00.000'001 ,- 00000'oSI ,,- 00000'001. 9% / -- 00.000'09 TOWN OF ESTES PARK JULY 1995 ACCOUNTABLE WATER REPORT I) Treated water for June 14,1995 through July 13, 1995: June 14 to 31 Water Treated: * Fall River O Glacier Creek 17,937,000 Marys 13,298,000 July 1 to 13 Water Treated: *Fall River 0, Glacier Creek 16,018,000 ., Marys 11,953,000 b -- Total Water Treated in Billing Period 59,206,000 Gal. 2)Accountable Water , Adjustments: 2,740,900 Billing: 52,555,143 ': *Backwash 0 Total Water accounted for: 55,296,043 Gal. 3.) PERCENT ACCOUNTED FOR: 93% 4.) 12 MONTH AVE. PERCENT ACCOUNTED FOR: 77% R2-7 JULY, 1995 ADJUSTMENTS 1.) Water Dispenser TOTAL WATER DISPENSER (Gal.) 245,000 2.) Bleeders TOTAL BLEEDERS (Gal.) 807,900 3.) Flushing/Leaks/Misc. a. 22-Jun Leak Upper Broadview 5,000 b. 28-Jun Spur 66 leak 30,000 c. 1-Jul Bellview Dr. leak 20,000 d. 3-Jul Whispering Pines and Hillside leak 50,000 e. 5-Jul Hillside, Eagle Cliff, Broadview leak 263,000 f. 6/14-7/13 Fish Hatchery bleeder 1,320,000 g. h. 1. j. k. 1. TOTAL LEAKS, MISC. (Gal.) 1,688,000 TOTAL ADJUSTMENTS (Gal.) 2,740,900 R2-8 TOWN OF ESTES PARK TOTAL WATER PLANT PRODUCTION (CALENDER MONTH MINUS BLEEDERS) 1994 1994 1995 1995 MONTH YTD 1 MONTH YTD % % MONTH TOTAL TOTAL :i TOTAL TOTAL b CHANGE CHANGE (GAL.) (GAL.) (GAL.) (GAL.) (GAL.) (MONTH) (YTD) JANUARY 26,254,900 26,254,900 1 29,773,400 29,773,400 13% 13% FEBRUARY 23,570,900 49,825,800 26,673,800 56,447,200 13% 13% MARCH 25,802,800 75,628,600 : 29,439,200 85,886,400 14% 14% APRIL 25,339,400 100,968,000 : 28,508,550 114,394,950 13% 13% MAY 41,750,328 142,718,328 33,845,000 148,239,950 -19% 4% JUNE 63,441,300 206,159,628 45,954,716 194,194,666 ,- -28% -6% JULY 76,468,746 282,628,374 : 67,042,100 261,236,766 . -12% -8% AUGUST 58,651,900 341,280,274 *M: SEPTEMBER 46,454,520 387,734,794 : OCTOBER 33,144,140 420,878,934 i NOVEMBER 27,853,010 448,731,944 : DECEMBER 29,341,400 478,073,344 ®% 7 TOTAL 478,073,344 AC - FT 1,467 R2-9 TOWN OF ESTES PARK WATER USE RECORDS JULY, 1995 DATE FALL GLACIER SUBTOTAL MARYS : TOTAL RIVER CREEK (GAL) CFS i (GAL) CFS : (GAL) 1 0 1018000 1,018,000 1.58 578000 0.90 1,596,000 2 0 1081000 1,081,000 1.68 686000 1.07 1,767,000 3 0 1072000 1,072,000 1.67 · 797000 1.24 1,869,000 4 0 881000 881,000 1.37 839000 1.31 1,720,000 5 0 1376000 1,376,000 2.14 ·: 969000 1.51 . 2,345,000 6 0 1184000 1,184,000 1.84 935000 1.46 2,119,000 7 0 1191000 1,191,000 1.85 1221000 1.90 : 2,412,000 8 0 1106000 1,106,000 1.72 1214000 1.89 2,320,000 9 0 1185000 1,185,000 1.85 855000 1.33 2,040,000 10 0 1308000 1,308,000 2.04 - 1142000 1.78 2,450,000 11 0 1432000 1,432,000 2.23 1078000 1.68 2,510,000 12 0 1518000 1,518,000 2.36 : 865000 1.35 2,383,000 13 0 1666000 1,666,000 2.59 774000 1.21 2,440,000 14 0 1686000 1,686,000 2.63 4 901000 1.40 2,587,000 15 0 1117000 1,117,000 1.74 839000 1.31 . 1,956,000 16 0 1142000 1,142,000 1.78 998000 1.55 2,140,000 17 0 1241000 1,241,000 1.93 : 1060000 1.65 : 2,301,000 18 0 1165000 1,165,000 1.81 1012000 1.58 : 2,177,000 19 0 1312000 1,312,000 2.04 898000 1.40 i : 2,210,000 20 0 823000 823,000 1.28 1041000 1.62 1,864,000 21 0 795000 795,000 1.24 958000 1.49 1,753,000 22 0 874000 874,000 1.36 : 1118000 1.74 1,992,000 23 0 1147000 1,147,000 1.79 1085000 1.69 : 2,232,000 24 0 1239000 1,239,000 1.93 842000 1.31 2,081,000 25 0 1292000 1,292,000 2.01 987000 1.54 2,279,000 26 0 1364000 1,364,000 2.12 977000 1.52 2,341,000 27 0 1732000 1,732,000 2.70 1261000 1.96 2,993,000 28 0 1606000 1,606,000 2.50 1259000 1.96 2,865,000 29 0 1553000 1,553,000 2.42 1132000 1.76 2,685,000 30 0 1612000 1,612,000 2.51 1156000 1.80 2,768,000 31 0 1478000 1,478,000 2.30 1110000 1.73 2,588,000 TOT. 0 39,196,000 39,196,000 1.96 30,587,000 1.54 69,783,000 AF 0.00 120.30 120.30 93.87 214.17 CFS 0.00 1.96 1.96 1.53 . 3.48 BL(-) N/A N/A N/A N/A -2,740,900 GAL 0 39,196,000 39,196,000 30,587,000 ~ 67.042,100~ AF 0 120.30 120.30 iii 93.87 - : 205.76 1 st-13 0 16,018,000 11,953,000 14 - 31 0 23,178,000 18,634,000 R2-10 U' J 0 ur ts & 2. R§: am . ~&*dit*%·7·r»*16-9. 966 L 13:z-·~ 1....i".....'......„"",-"."-*,"'."~..r-.-,"",--pr.TKY'»·496<12.4 fIEE+T:-3- -€ER=-cas,Rie,4#LL#*4@~~~ 49*j*:*#*.'2*6120:-1-B:= *661. - .. .uSE¢*.f:w.-14:75-; E66 k 41'33·4:~ .1732».·. L66 L 1 1 *Lisilt.&*ifigh#p#ipt*Fi'Il.,4*416%&440<0259/fiE. .4 F'»T·NI :....~.,. 22.5. 696 L 1;125911/ .1....0., 40*Ne*~~4.2.c 066 L 1441-9,&4·:L- .- L96 L 1 9*.5*33.-0.=2·,.·: 996 L · 9.he,9...3-22. 996 k .1 4,»r: ·I·y<:>zt *96 L 41*~r-u~©14-0. £86 L 1 V'ic:.,17:,i:g., 186 1. 0 R2-11 Change from previou~ from hiV3A JULY & YTD GALLONS BILLED 200,000,000 - 140,000,000 -w 120,000,000 -1 GALLONS 100,000,000 -/ 180,000,000 jj- 160,000,000 -# 4 /- 000'000'09 ,- 000'000'09 .. - 000'000'0* /- 000'000'oz 1 0 amR R K 8 m * - - 1 '- -...~ Ut E = · t.~ ... V****fkGOS' ~66 k *2 r E -:SCD·AN*402'4·'ir*3»·13 Me,=an.2.1(41. 166 k -1=Al-184*ki U tte.*454).193--9.·.r: 066L 4%92€€*94 686 L :- ·~ ., 4/Vitk... v:.f<x- 986 K 48*.9--ir 296 L 4%50.Y...94'. 996K -- - 1 -. 1 - - cj..c.:-:.. 986 L 1.*. 42-#-g··, *86X 4322 £96 L » *y> 196 L ., . 441*2*-4-52*-9 £66 L 1 A66K .. 1. . R2-12 Change f previous year JULY & YTD REVENUE 21931 700,000.00 - 400,000.00 -' 600,000.00 -f 500,000.00 -4 4 -i ,- 00000'00£ %Z.Z. £ I - 00.000'002 LUO sno! - 00'000'OOL JB REVENUE Change . 4 1 4<4, tr#47 -7 TOWN OF ESTES PARK 04 '4('&163 lk-#th-- ----1*24 €/fut 9 - /7 ,~~-~..:*~~*09*2¢.'t¢ tR;9; \14~ ~~ ~ ~~*~ -.22. 3,- "94/Liz&£.·,49%~5>-- ---22.5:45 6:'*'22&33(30>- July 13, 1995 31/*7&4 '' Mr. Dave Fbrsyth, Staff Design Branch Colorado Department of Transportation 4201 East Arkansas Avenue Denver, CO 80222 Subject: Scheduling of Highway 34 Project, Elkhorn Avenue Overlaying Project and Highway 7 Widening Project Dear Dave: The Town is formally requesting that the following schedule concerning the above-mentioned projects be considered. These schedules would allow for approximately six months of construction and not affect the businesses during the peak three months of summer. 1. Highwav 34 Widening Proiect Begin construction: March 1, 1996, weather permitting Temporarily end construction: June 15, 1996 Begin construction: September 15, 1996 End construction: November 1996 or later 2. Highwav 34/East and West Elkhorn Milling and Overlavine Proiect Schedule would be the same as the Highway 34 widening project. Milling and overlaying at night should be a consideration. , 3. Highwav 7 Widening Proiect Begin construction: March 1, 1997, weather permitting Temporarily end construction: June 15, 1997 Begin construction: September 15, 1997 - End construction: November 1997 or later The Town continues to strongly support these projects but would like the state to seriously consider the scheduling request due to private businesses' concerns. Sincerely, TOWN OF ESTES PARK - Public Works Department Bill Linnane, Director BL:ck copies: Gary Klaphake Stephen Gillette 4-1 303) 586-5331 • RO. BOX 1200 • ESTES PARK, CO 80517 • FAX (303) 586-0249 COMMUNITY DEVELOPMENT • FAX (303) 586-6909 OTHEk AUG-2puG 2,9..'« 09: 176 DO*rt©drfim E:AGINEER's REGYG¥ 410. 3032846843 P:201 B#A 16• 42•S. 61„~ 1 TOWN HALL 119 MAIN / LA SALLE COLORADO 80045 PHONE: 303·284-0931 August 23. 1995 Colorado Department of Transportation Doug Ramo• Greeley Offic, Doug; This letter has been written in response to the attitude and cooperation of the Colorado Department of Transportation and the General Contractor during the construction of Highway 83 through the Town of LaSalle. Pre construction meetinge were hold with all of the participants involved ln the project, including a "team= building retreat in Entes Park to create a cooperative atmosphere during the con- .truction. From that meeting and subsequent meetings the Col- lowing efforts/remedies (this 18 an extremely condensed list of cooperation by CDOT and the General Contractor) were done by CDOT or the General Contractor to keep the construction site safe and accessible to the general public and business acce..ess 1. During design of the highway it wan recommended by CDOT and preliminarily approved by the town to eliminate one half of the intersections throUgh town to cut down on left turns for safety reasons. among others. Before con- atruction began there were pre-construction •eetingm with the general public on the design. Immediately the elimi- nation of those intersection became a matter of conten- tion with the businesses for acces#lbility. CDOT. after hearing those concerns, redesigned the high- way to allow all intersection accesses as before. 2. During construction CDOT provided temporary signs and roadways to local businesses that were plainly visible. This was achieved by allowing parking and road use of the portion of the highway that was not actively under con- struction or paving. After the paving wam partially done and the work diverted to the next lane, CDOT allowed parking and travel by local businesses on the just com- pleted paved lane of travel. 3. To eliminate any miscommunication the Town was provided with 24 hour emergency phone calls and once a week we had meetings with all of the -team" to give progress reports, and field any concerns any one had during the week. -1- AUG-2@Ug.2€29$: @B: 17AM COME-r@OCBW 'EAGINEER's REGY34' 4«1 3032848843 Pn§ 02 4. A addithon left turn arrow was included in the project at the traffic light when original design called for only one sid• to be slgnaled. CDOT concluded for tra:gic flow and uniformity that both the north and southbound traffic should have a signal. 5. During construction traffic became an iasu• due to con- gestion and an increase in traffic accidents. CDOT imme- diately redesigned the traffic flow pattern and included large illuminated signs within a day of the conveyed problem. Obviously. the Town of LaSalle was completely satisfied with the cooperation that CDOT and the General Contractor gave the Town and its citizenry. We found them to be very responsive and dili- gent in their dedication to the project. Respect;*Illy. Aide 4 A# •JA GarAIJ Wardell Mayor -2-