The URL can be used to link to this page

Home My WebLink AboutPACKET Town Board 1997-02-254 '4, Prepared 2/20/97 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of pubic resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 25, 1997 7:30 p.m. AGENDA PUBLIC COMMENT To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board Minutes dated February 11, 1997. 2. Bills. 3. Committee Minutes: A. Public Safety, February 20, 1997. B. Board of Adjustment, February 11, 1997 (acknowledgment only). ACTION ITEMS: 1. Public Safety Committee, February 20, 1997: A. Animal Control Service Agreement with Larimer County Humane Society - Approval. B. Youth Volunteer Corp. Grant Contract with Department of Local Affairs - Approval. 2. Stanley Hall Lease with Grand Heritage Hotel - Approval. 3. Liquor License. Public Hearing for New Hotel and Restaurant Liquor License Application filed by Falkenstein Co., dba ANDREA'S OF ESTES, 145 E. Elkhorn Ave. 4. Town Administrator's Report: A. Division of Workers' Compensation - Cost Containment Certificate. 1 February 11 97 Town of Estes Park , Larimer County, Colorado, ....... . ., 19. . . Minutes of a. Regular... meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . 1;1 *h . . day of . . . . . Fepfu:E~ A.D., 19. ?7. at regular meeting hour. Robert L. Dekker Meeting called to order by Mayor ......................... Present: Mayor Robert L. Dekker Trustees: Jeff Barker, John Baudek, George J. Hix, ' William J. Marshall Gary F. Klaphake, J. Donald Pauley , Town Administrator Also Present: Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: Susan L. Doylen, Mayor ProTem Mayor Dekker called the meeting to order at 7:30 p.m. PUBLIC COMMENT There was no public comment. CONSENT CALENDAR: 1. Town Board Minutes dated January 28 1997. 2. Bills. 3. Committee Minutes: A. Community Development, February 6, 1997. 4. Liquor Licenses: A. Resolution #3-97 Setting Public Hearing date Of February 25, 1997 for New Hotel & Restaurant Liquor License Application filed by Falkenstein Co., dba ANDREA'S OF ESTES, 145 E. Elkhorn Ave. (Change of Liquor Class from Beer & Wine License, formerly i operated as Top of the Park Restaurant). B. Resolution #4-97 Setting Public Hearing date of March 11, 1997 for New Beer & Wine Liquor License Application filed by Boardwalk Pizza, Inc., dba BOARDWALK PIZZA, 153 E. Elkhorn Ave. It was moved and seconded (Hix/Pauley) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1.A. Horse Show Agreements - Approval. Special Event Director Hinze reviewed the standard horse show agreements with the Colorado Hunter Jumper Assn. (3-yr. Contract), Westernaires 3-yr. Contract), and the one-yr. Contract with the Colorado Barrel Racers Assn., and it was moved and seconded (Hix/Marshall) the Agreements be approved as presented, and it passed unanimously. Board of Trustees - February 11, 1997 - Page 2 B. Port-A-Stall Building Relocation - Approval of Bids. Director Hinze briefed the Trustees on the bids for relocating the Port-A-Stall Building, which were within budget. It was moved and seconded (Marshall/Barker) staff be authorized to proceed with this Project, accepting the low bids as follows: Cornerstone Concrete $15,441, Estes Valley Electric $2,139.62, Rosedale Marketing (building contractor) $8,500, misc. expenses $9,100, and contingency $2,819.38 for a total budget expenditure of $38,000, and it passed unanimously. 2. Special Review #97-1, Elkridge Development, Lot 2. Thirteenth Fairwav Subdivision, Lighthouse Group/Applicant. Mayor Dekker opened the public hearing to consider Special Review #97-1 to consider the construction of 53 condominium units. Senior Planner Joseph reviewed the application: the site is located north of the 18-hole golf course, is 8.58 acres, and is zoned R-M Multiple Family. The following modifications to the Development Plan have been made since the Planning Commission meeting 1/21/97: the number of units has been reduced from 54 to 53; the request for a solar bonus has been eliminated; the Applicant has submitted a preliminary plat, which when finalized, will dedicate the streets as public streets; as part of the subdivision proposal, the area of the Community Church entrance, which is public right-of-way, will be vacated which adds land area to the development; the Board of Adjustment has granted two building setback variances and a parking setback for Block 4; three access points are being proposed - one on Brodie Ave., and two on Matthew Circle; the conditions of the Planning Commission have been met with this version of the Plan; an Attorney' s Certificate verifying required signatures has been received; and the Planning Commission recommended approval on a 3/2 vote. Paul Kochevar, Applicant's Representative, briefed the Town Board on the following: Leonard Arnold, primary partner, is in the audience, and available for any questions; three meetings have been held with the EVRPD concerning golf course issues, and problems have been identified and tentative solutions thereto have been noted. The EVRPD has assigned potential golf course modifications to Richard Phelps-a report should be available within the next two weeks. The Developer is aware that this issue must be resolved, and Mr. Kochevar requested a note be placed on the Final Plat that Will take into consideration this stipulation. Concerning the roadway, the Developer has also met with the Mountain Fairways Homeowners Association, and he believes a good compromise has been reached that should help mitigate some of their concerns: 1) relocate trash enclosures, 2) increase space for snow storage, 3) the Developer will contribute $5,000 for a perimeter walkway along the street, 4) the Developer has offered to work with the Town in making Matthew Cir./Community Dr. more safe, and 5) the Developer has agreed to restrict construction vehicles through the project site during development of the site and not use Matthew Cir., and to limit these vehicles during the construction phase. Regarding the Community Church, the Developer will trade their portion of the right- of-way (driveway) for additional buffer along the common buffer line (results in an additional 14 -16') , and the Developer will not move his improvements toward this buffer. The buffer will consist of shrubbery and will serve as a snow fence, thus eliminating the plastic snow fence. The , Board of Trustees - February 11, 1997 - Page 3 Community Church has now signed the plat. Public Works Director Linnane commented on the roadway connections, stating that staff recommended connection points on Brodie Ave. and Matthew Cir., based on access for public safety vehicles, and traffic alternatives to circulate through the site (improved traffic flow and/or traffic flow), and reducing traffic concentration by dispersing traffic to more than one road. Staff believes i that the Mountain Fairways Association has approved the modified roadway connections. The parking issue was ' discussed, with Mr. Kochevar confirming that the parking proposal has been deleted from the Plan. As there were no persons speaking in favor of, or in opposition to Special Review #97-1, Mayor Dekker closed the ; public hearing. Attorney White reviewed potential conditions for approval relating to the EVRPD golf course concerns, and Final Plat approval, and Mr. Kochevar confirmed both stipulations are agreeable to the Applicant. Mr. Kochevar also confirmed that items such as drainage are addressed in construction details when the Final Plat is submitted. Also, the street name has been changed to Wapiti in lieu of Elk Ridge Dr. There being no further discussion, it was moved and seconded (Baudek/Marshall) Special Review #97-1 Elkridge Development, for Lot 2, Thirteenth Fairway Subdivision be approved contingent upon (1) the review of the Final Plat not being reviewed by the Town Board until an agreement is reached between the EVRPD and the Developer, (2) the Development Plan is subject to Final Plat approval of the subdivision of the property, and (3) the conditions attached to the Plan by the Planning Commission (see Planning Commission minutes dated January 21, 1997), and it passed unanimously. Town Attorney White reported that neither the Town nor the EVRPD are liable for any errant golf shots which may strike personal property. 3. Town Administrator's Report. Administrator Klaphake requested an Executive Session to discuss Contract Negotiations and threatened litigation, thus it was moved and seconded (Hix/Pauley) the Town Board enter Executive Session, and it passed unanimously. Whereupon Mayor Dekker adjourned the meeting at 8:00 P.M. to Executive Session. Robert L. Dekker, Mayor ................ Vickie O'Connor, Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Safety Committee February 20, 1997 Committee: Chairman Marshall, Trustees Baudek and Pauley Attending: Chairman Marshall, Trustee Baudek Also Attending: Town Administrator Klaphake, Police Chief Repola, Judge Brown, Fire Chief Dorman, Clerk O'Connor Absent: Trustee Pauley Chairman Marshall called the meeting to order at 3:35 p.m. POLICE DEPARTMENT. Municipal Court Year-End Report. Judge Brown presented the year-end statistics processed through the Municipal Court. Approximately 200 additional cases were heard, and the caseload is verified with the increase of fines (income). The court is seeing an increase in juvenile cases, particularly underage alcohol incidents. In the past two sessions, 80 juveniles were in court, all of these cases dealt with alcohol possession and traffic violations. Judge Brown reviewed how he utilizes the Teen Baseline Program in determining retribution, and this Program is proving very beneficial to the juveniles and their families. The School Dist. supports the Baseline Program completely, and they are attempting to get all kids through the Program before they graduate. Judge Brown added that Larimer County has the highest rate of juvenile alcoholism in the country. Tobacco violators are sentenced to a 4-hour class in Boulder - "TNT- Teens and Tobacco", plus a minimum fine, plus 8 hours of community service, with potential suspension of a $100 fine if the juveniles have no other court appearances. "Teen Court", as utilized in other municipalities, was discussed, with the Judge reporting the Court does review alternatives that have a proven effective record, weighing those alternatives for their applicability in Estes Park. The new Parking Plan was discussed as it relates to parking violations and Municipal Court. The Police Court Liaison is working very well and this assignment is rotated between the Captain, Sergeant and Corporal. Due to the caseload, the Judge is considering conducting trails on Thursday mornings, following Municipal Court sessions, which are held on Wednesday evenings. The Judge is available for public speaking engagements and this availability is increasing/improving public perception of the Municipal Court System. The Committee expressed their appreciation to Judge Brown for the report. Animal Control Service Agreement with Humane Society. Chief Repola briefed the Committee on dog and cat impound statistics which indicated that the Police Dept. provides animal control assistance throughout the valley. This assistance is provided through a contract with the Larimer County Humane Society. The renewal agreement includes two BRADFORD PUBLISHING.0. RECORD OF PROCEEDINGS Public Safety Committee - February 20, 1997 - Page 2 changes: the Town's Animal Control Officer will have an expanded territory, and, in exchange for this service, the Humane Society will pay for after-hours "call time" for Animal Control Officer Thacker. Discussion followed on procedure for removal Of animal carcasses and nuisance animals, and the procedure for Agreement reporting/billing for payment. Trustee Pauley joined the meeting during this discussion. The Animal Officer position is a 2/3' s employee, and clarifying that this position will remain so by balancing time spent, the Committee recommends approval of the Animal Control Service Agreement as presented. Youth Volunteer Corp. Grant Contract. The Committee reviewed a Contract with the Dept. of Local Affairs/Community Partnership Office for a grant in the amount of $12,500, plus a grantee match for a Youth Volunteer Corp. Chief Repola reported that five recipients received funding and the total funding available, $72, 500, was divided equally. The Police Dept.'s role in this program is to act as the finance manager and provide in-kind contributions (insurance, office space, computers, etc.). Chief Repola has been attending work sessions for implementation and the Program should begin in the near future. The Youth Volunteer Corp. (youth in the Estes Valley) Will be given opportunities to experience, understand, and value diverse cultures and environments, and Will learn how these relationships impact their own community. By offering service opportunities,Â· the youth Will cultivate the qualities of respect, citizenship, stewardship, and a passion for a lifetime of service to the community. Thirty youth will be recruited to participate in a school-year program. An additional 20 youth will be selected to participate in a summer program. Both programs will consist of community service projects. Collaboration with the RMNP, EVRPD, Senior Center, and Town Special Events Dept. to assist with development and implementation of projects has or will occur. Attorney White has reviewed the Contract. Matching funds will pay for team leaders and administrative costs, and a local Advisory Council will select team leaders. The targeted youth age is over 11 and under 16 years of age, and the Program will be based out of the Youth Center. Chief Repola will discuss liability insurance coverage pertaining to volunteers with CIRSA Representative Widmer. Approximately $14,000 is to be Â· raised by a fund raising committee, and over $7,000 in in-kind contribution is being provided by the Police Dept. The cost to the Town is insurance and in-kind services. The Committee recommends Chief Repola present the Contract and all cost details at the next Town Board meeting. FIRE DEPARTMENT. No report. . 1 BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee, February 20, 1997 - Page 3 REPORTS. Correspondence commending Officer Roth, Cpl. Pass, and Sgt. Kufeld were reviewed. The 1996 Year-End Statistical Summary was reviewed, and it reflects a 1.3% increase in cases from 1995. There being no further business, Chairman Marshall adjourned the meeting at 4:35 p.m. Efrld.0-ttuhAJ Vickie O'Connor, CMC/AAE, Town Clerk BRADFORD PUBLISHINGCO. RECORD OF PROCEEDINGS Board of Adjustment February 11, 1997 Board: Chairman Pauley, Members Barker, Baudek, Newsom, Sager Attending: Chairman Pauley, Members Barker and Baudek Also Attending: Community Development Director Stamey and Secretary Botic Absent: Members Newsom and Sager Chairman Pauley called the meeting to order at 8:00 a.m. MINUTES The minutes of the December 10, 1996 meeting were accepted as presented. THIRTEENTH FAIRWAY SUBDIVISION. BRODIE AVENUE/MATTHEW CIRCLE. LIGHTHOUSE GROUP. DEL LIENEMAN-PROPERTY OWNER/APPLICANT - VARIANCE REOUEST FROM SECTION 17.20.040.B.4 OF THE MUNICIPAL CODE. Applicant is requesting the following setback variances: a building setback of 24' from the west lot line of Block 4, a building setback of 12' from the east lot line of Block 4, and a 7 space parking bay setback of 5' from the east lot line of Block 4. Applicant Paul Kochevar explained the history of this request stating the plan has been modified from the January 1997 Planning Commission Meeting (one unit eliminated). Plan 1 shows 30' setbacks which would eliminate a large pine tree west of Lot 13, Block 4. Plan 2 would utilize the same setback on the west (Lot 1, Block 4) as the Condos adjacent to the proposed project. Regarding the property to the east, they have reached an agreement with Community Church of the Rockies to modify the property line with a setback of 194' and the Church has agreed to sign the Subdivision Plat when it is referred to the Town Board. Additional parking is needed for guests and no solar gain bonus is requested. Director Stamey reviewed the Staff Report stating in order for an Applicant to be granted a variance, he must show that by reason of exceptional narrowness, shallowness or slope of his property, or by reason of exceptional situation or condition of his property a variance is applicable. Understanding the retention of mature trees, he does not believe a hardship exists and there is no guarantee trees would survive. Mr. Stamey also stated the impact is internal to the Developer. Director Stamey noted one of the trees is partially dead and appears to have been struck by lightning. Member Baudek expressed concern with the 12' setback request by Lot 1. Ross Stephen, Estes Park Surveyors and Engineers, stated that particular tree has 60% positive growth potential and character and they would like to save this tree. Members Baudek and Pauley expressed concern with the 30' setback on the east, however, believe there is merit in saving a tree and apparently Community Church does not object. --- -- - It was moved and seconded (Barker/Baudek) a building setback of 24' from the west lot line of Block 4 variance be approved for Brodie Avenue/Matthew Circle, Thirteenth Fairway Subdivision, and it passed unanimously. Recognizing the effort to 'save the tree', it was moved and seconded (Barker/Pauley) a building setback of 12' from the east lot line of Block 4, Thirteenth Fairway Subdivision, variance be approved, and it passed with the following votes. Those voting "Yes", Chairman Pauley and Member Barker, those voting "No", Member Baudek. It was moved and seconded (Baudek/Barker) a 7 space parking bay setback bay setback of 5' from the east lot line of Block 4 be approved for Brodie Avenue/Matthew Circle, Thirteenth Fairway Subdivision, with the following condition, and it passed BRADFORDPUBLISHING Co. RECORD OF PROCEEDINGS Board of Adjustment February 11, 1997 Page 2 unanimously. â€¢ The Applicant will adjust the lot line between this lot and the Church lot, to provide for a 194' parking setback. TINY TOWN TEXACO. 860 MORAINE AVENUE. GARY L. MITCHELL/APPLICANT - VARIANCE REOUEST FROM SECTION 17.20.040.B.1.b OF THE MUNICIPAL CODE. Applicant is requesting a setback variance at the NW corner and along the east lot line. Applicant's representative, Paul Kochevar, reviewed the request and explained the two submitted drawings. Director Stamey reviewed the Staff Report and stated structured parking by definition is a structure and that the Planning Commission was previously advised by the Applicant they could not increase the lot, however, they are now again requesting to adjust lot lines. Staff recommended approval of the setback variance at the NW corner and denial of the setback variance along the east lot line. Since the Applicant is currently adjusting the lot lines between two lots, under common ownership, the opportunity exists to provide for a 15' setback, and a conforming building. It was moved and seconded (Barker/Baudek) the setback variance at the NW corner be approved for 860 Moraine Avenue, Tiny Town Texaco, and it passed unanimously. It was moved and seconded (Baudek/Barker) the setback variance along the east lot line be approved for 860 Moraine Avenue, Tiny Town Texaco, and it passed unanimously. Director Stamey noted that the access easement would be addressed with the Amended Plat. REPORTS - none. There being no further business, Chairman Pauley adjourned the meeting 8:50 a.m. ~*le:aMA.0 )61 k300,7-9 Roxanne S. Botic; Recording Secretary â€¢RAD,ORO PU,LISHING co. RECORD OF PROCEEDINGS Public Safety Committee - February 20, 1997 - Page 2 Animal Control Service Agreement with Humane Society. Chief Repola briefed the Committee on dog and cat impound statistics which indicated that the Police Dept. provides animal control assistance throughout the valley. This assistance is provided through a contract with the Larimer County Humane Society. The renewal agreement includes two changes: the Town's Animal Control Officer will have an expanded territory, and, in exchange for this service, the Humane Society will pay for after-hours "call time" for Animal Control Officer Thacker. Discussion followed on procedure for removal of animal carcasses and nuisance animals, and the procedure for Agreement reporting/billing for payment. Trustee Pauley joined the meeting during this discussion. The Animal Officer position is a 2/3' s employee, and ' clarifying that this position will remain so by balancing . time spent, the Cornmittee recommends approval of the Animal Control Service Agreement as presented. EXHIBIT ~An TO 1997 HUMANE SOCIETY AGREEMENT AGREEMENT FOR ANIMAL CONTROL SERVICE This Agreement is entered into by and between the Humane Society for Larimer County (hereinafter "the Humane Society") and the Town of Estes Park (hereinafter referred to as "Estes Park"). WITNESSETH: WHEREAS, Estes Park presently employs a trained and qualified animal control officer for the purpose of enforcing local ordinances concerning animal control within the Town of Estes Park; and WHEREAS, the Humane Society as an independent contractor provides animal control and related services to Larimer County in the unincorporated area of Larimer County; and x WHEREAS, the Humane Society desires to contract with Estes Park for part-time services of Estes Park's animal control officer for the purpose of providing better service in the unincorporated portion of Larimer County located in the Estes Park area; and WHEREAS, Estes Park desires to contract with the Humane Society for part-time services of Estes Park's animal control officer. NOW, THEREFORE, in consideration of their mutual promises and covenants contained herein, the parties agree as follows: 1. Duration of Agreement. This Agreement shall be effective January 1, 1997, through and including December 31, 1997, unless sooner terminated. This Agreement may be renewed as provided in Section 14. 2. Scope of Services. Estes Park shall: a. provide a trained and qualified animal control officer to respond to animal control calls within the portion of unincorporated Larimer County located within the Service Area as defined in Section 3. The animal control officer shall respond to calls concerning the Larimer County Resolution and Ordinance Concerning Animal Control and Dog Licensing, as amended from time to time, and enforce the same. A copy of the Larimer County Resolution and Ordinance Concerning Animal Control is attached hereto and incorporated herein by reference as Exhibit "1" . In addition Estes Park and its animal control officer shall: (1) furnish, on a rental basis, available humane animal traps for the capture of dogs, cats and other domestic animals to all residents of Larimer County who desire them. Available humane animal traps for the capture of wildlife may be furnished on a rental basis, in the discretion of Estes Park. (2) dispose of all dead cats, dogs and other animals similar in size brought to the designated Estes Park animal shelter by residents of the Service Area. (3) respond to calls regarding livestock, remove livestock from roadways and temporarily confine or restrain the livestock, if possible, pending action by the Larimer County Sheriff's Department. (4) pick up dead animals weighing less than 100 pounds from public areas, including streets and parks. b. provide a humane and appropriate vehicle equipped with equipment necessary for the performance of its duties under this Agreement, including but not limited to a two-way radio sufficient to provide constant communication and devices necessary to capture, hold and transport animals in a safe and humane manner. C. provide uniform(s) which clearly identify its employee as an animal control officer. 3. Service Area. The services to be provided by Estes Park under the terms of this Agreement shall be provided in that portion of unincorporated Larimer County which is served by the Larimer County Sheriff's Department deputies stationed in Estes Park and which is known as Sector 6. A copy of the territory included in Sector 6 is attached hereto and incorporated herein by reference as Exhibit " 2 ". 4. Hours of Service. The specific days and hours that the animal control officer works will be determined by Estes Park after consultation with the Humane Society. When the animal control officer is on duty, he/she will respond to both calls concerning services to be provided to residents of Estes Park and services to be provided to residents of the Service Area. It is contemplated that the animal control officer will spend, on average, eight hours per week responding to calls and providing services in the Service Area under this Agreement. However, due to the fluctuating nature of the services to be provided, the parties do not desire to specify in this Agreement the specific days or hours that services will be provided. It is the intent of the parties that Estes Park, in determining the hours that the 2 animal control officers will work, will account for the increased number of calls that occur on the fourth of July and that weekend hours will be discussed by the parties to determine if the animal control officer should be working on some or all weekends. Summer days and times will also be discussed with a goal of providing coverage for the increased number of calls which occur during the summer months. Estes Park will notify the Humane Society of the hours that the animal control officer will be working so that the Humane Society can be adequately staffed to provide services during non- working hours or days. If the schedule of the animal control officer fluctuates, this notice-shall be provided on a weekly basis. 5. Operation of Local Shelter. Estes Park will arrange for a local animal shelter where animals impounded from the Service Area will be taken by Estes Park. Estes Park shall be responsible for its operations and the costs thereof. When an animal is impounded by Estes Park at the local animal shelter, Estes Park shall promptly notify the Humane Society of the impoundment. Estes Park shall establish, keep and maintain a daily register of all animals impounded by the animal control officer and released by the local animal control shelter and a case history of each animal impounded and released, all on forms mutually agreeable to the parties. 6. Impoundment Fees. Estes Park will charge and collect from persons who reclaim impounded animals all fees set forth from time to time by Resolution of the Larimer County Board of County Commissioners. Estes Park shall retain as its sole property all such fees collected. All such fees collected by Estes Park shall be accounted for at the time of submitting the monthly and annual reports required by Section 9. 7. Enforcement Authorization. Larimer County shall authorize the Estes Park animal control officer to enforce the Larimer County Ordinance and Resolution Concerning Animal Control and Dog Licensing. The animal control officer shall be authorized to serve summonses and complaints and penalty assessment notices to be filed in the Larimer County Court. It is specifically agreed that the Estes Park animal control officer shall not be entitled to enforce any other ordinance or resolution of Larimer County other than the Larimer County Ordinance and Resolution Concerning Animal Control and Dog Licensing, as amended from time to time. The Humane Society shall instruct the animal control officer in the procedures of enforcing the Larimer County Ordinance and Resolution Concerning Animal Control and Dog Licensing. 3 8. Weapons. The animal control officer provided by Estes Park shall not carry guns, rifles, or firearms other than tranquilizer guns when responding to a call in the Services Area, except when necessary to destroy a dangerous or vicious animal. In the event that the animal control officer finds it necessary to use a weapon to destroy a dangerous animal, unless the situation is an emergency, the animal control officer shall notify the Larimer County Sheriff's Department to respond and assist prior to the destruction. 9. Reports. Estes Park shall submit reports on forms approved by the Humane Society to the Humane Society on a monthlv basis on or before the ifth- day of the Followihi month with annual summary on or before January 15.,i 1998 , listing the following information with regard to the previous month: a. the number of animals impounded; b. the number of impound days for all animals impounded; c. number of licenses issued and licensing fees (total); d. number of animals picked up from the Service Area which are euthanized at the local animal control shelter; e. number of responses to loose livestock; f. average response time per call for priority and non- priority calls; g. approximate number of contacts (telephone, in person, written, etc.) received reporting animal problems or requesting enforcement or other services provided by Estes Park under this Agreement, the nature of the problem reported or service requested and the number and nature of the responses made by Estes Park; h. the number of formal complaints received concerning enforcement or other services provided by Estes Park under this Agreement and the disposition of the complaints; and i. such other information as may be reasonably required by the Humane Society; A penalty of one percent shall be imposed for each day that the report is not timely received by the Humane Society. 10. Dispatch Services. Estes Park, through its police department, shall perform dispatch services. 4 11. Indemnification and Liability Insurance. Estes Park shall carry liability insurance sufficient to insure against acts or omissions of Estes Park, its officers, elected and appointed, employees and agents, with the minimum coverage as follows: a. Bodily Injury $150,000 per person/$600,000 per occurrence b. Property Damage $50,000 The Humane Society shall be an "additional insured" on any policy obtained by Estes Park pertaining to its duties under this agreement with respect to the operations performed by or on behalf of Estes Park and falling within the scope of the agreement between Estes Park and the Humane Society. The Humane Society shall carry liability insurance sufficient to insure against acts or omissions of the Humane Society, its officers, elected and appointed, employees and agents, with the minimum coverage as follows: a. Bodily Injury $150,000 per person/$600,000 per occurrence b. Property Damage $50,000 Estes Park shall be an "additional insured" on any policy obtained by the Humane Society pertaining to its duties under this agreement with respect to the operations performed by or on behalf of the Humane Society and falling within the scope of the agreement between Estes Park and the Humane Society. Estes Park shall defend, indemnify and save harmless the Humane Society, its officers, elected and appointed, and its employees, servants and agents from any and every action, cause of action, claim or demand of any person, natural or corporate, resulting from or arising out of any act or omission of Estes Park, its officers, elected or appointed, employees, agents or contractors, relating to the performance of any of the obligations of this Agreement. Estes Park shall not, however, .be liable for the acts, claims or demands which may arise solely from the intentional or negligent acts of the Humane Society, its officers, elected or appointed, and employees, nor for the acts of Estes Park in compliance with instructions or orders given to Estes Park by the Humane Society. The Humane Society shall defend, indemnify and save harmless Estes Park, its officers, elected and appointed, and its employees, servants and agents from any and every action, cause of action, claim or demand of any person, natural or corporate, resulting from or arising out of any act or omission of the 5 Humane Society, its officers, elected or appointed, employees, agents, or contractors, relating to the performance of any of the obligations of this agreement. The Humane Society shall not, however, be liable for the acts, claims or demands which may arise solely from the intentional or negligent acts of Estes Park, its officers, elected or appointed, and employees nor for the acts of the Humane Society in compliance with instructions or orders given to the Humane Society by Estes Park. 12. Payment. The Humane Society shall pay to Estes Park, for the satisfactory performance of its obligations hereunder the sum of fen thousand Dollars ($ 10,000.00 ) . The payment set forth above shall be paid in four installments of twenty five hundred Dollars ($ 2,500.00 ) payable on the fifteenth(15th) of the month following the end of a quarter ; provided that the report(s) required by Section 9 have been timely submitted. If such reports have not been timely submi tted, payment will be made within fifteen (15) days after receipt of the report(s). 13. General. It is further agreed, by and between Estes Park and the Humane Society as follows: a. that in entering into this Agreement, the Estes Park animal control officer acquires no status, right or benefits of an employee or agent of the Humane Society or Larimer County; it being expressly understood and agreed that Estes Park shall perform all undertaking and services prescribed herein as an independent contractor of the Humane Society, which is an independent contractor of Larimer County. b. that Estes Park shall neither assign any of the rights nor delegate any of the duties upon it under this Agreement without the express written consent of the Humane Society and Larimer County. c. that this Agreement may not be enlarged, modified or 0 altered, except in writing, signed by the parties as an amendment hereto. d. that no' waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. e. that it is expressly understood and agreed by the parties hereto that the Estes Park animal control officer shall write and/or serve legal process upon, persons desiring to reclaim their animals from the local animal shelter. 6 f. that it is expressly understood and agreed that the payment of salary and benefits of personnel employed by Estes Park as an animal control officer shall be the sole responsibility of Estes Park. It is specifically understood and agreed that personnel employed by Estes Park as animal control officers are not employees of the Humane Society or of Larimer County and are not entitled to any benefits to which Humane Society or Larimer County employees may be entitled. g. that if either party materially breaches any term of this Agreement, the non-breaching party shall provide notice to the breaching party of such breach. If the breach is not corrected within thirty (30) days or such longer period of time as may be reasonable under the circumstances, the non- breaching party may terminate this Agreement upon notice to the breaching party. In any suit brought to enforce the provisions hereof, the prevailing party shall be entitled to recover its costs and reasonable attorney fees. h. that Estes Park shall make its financial records available, upon request, to the Humane Society for the purpose of conducting an audit. Such audit shall be conducted during normal business hours of Estes Park and conducted on Estes Park premises. i. that in the enforcement of Larimer County ordinances and resolutions relating to animal control, Estes Park shall comply with all applicable provisions of the Larimer County Ordinances and Resolutions concerning Animal Control and Dog Licensing, as amended from time to time. j. that nothing contained herein shall be deemed to be a waiver of Estes Park's sovereign immunity or the limitations on liability set forth in the Colorado Governmental Immunity Act or other applicable laws granting similar protections. 14. Renewal. a. The parties shall meet in November to determine if this Agreement should be renewed for the following year and to renegotiate the compensation and obligations of the parties based upon the prior years experience. Any modifications to the agreement shall be set forth in writing, although such writing may be in letter form. b. If by the end of any year, the parties are unable to reach an agreement for the next year or if Larimer County does not renew its Agreement with the Humane Society for the next year or has not finalized contractual arrangements with 7 a new animal control provider for the next year, then the parties agree to extend the Agreement for a period of up to twelve (12) months, as determined by the Humane Society after consulting with Larimer County, and the Humane Society shall pay to Estes Park the sum of $833.33 Dollars ($ 833.33 ) per month for each month of the extended term. HUMANE SOCIETY FOR LARIMER COUNTY DATED: By: President ATTEST: Secretary TOWN OF ESTES PARK By DATED: Title: ATTEST: Title: 2\mrh\county\agree\animalxa.r97 8 . IRAD/ORO PUILIIHING CO. RECORD OF PROCEEDINGS Public Safety Committee - February 20, 1997 - Page 2 The Animal Officer position is a 2/3's employee, and clarifying that this position will remain so by balancing time spent, the Committee recommends approval of the Animal Control Service Agreement as presented. Youth Volunteer Corp. Grant Contract. The Committee La. Affairs/Community Partnership Office for a grant in the reviewed a Contract with the Dept. of Local amount of $12,500, plus a grantee match for a Youth Volunteer Corp. Chief Repola reported that five recipients received funding and the total funding available, $72, 500, was divided equally. The Police Dept.'s role in this program is to act as the finance manager and provide in-kind contributions (insurance, office space, computers, etc.). Chief Repola has been attending work sessions for implementation and the Program should begin in the near future. The Youth Volunteer Corp. (youth in the Estes Valley) Will be given opportunities to experience, understand, and value diverse cultures and environments, and Will learn how these relationships impact their own community. By offering service opportunities,Â· the youth Will cultivate the qualities of respect, citizenship, stewardship, and a .passion for a lifetime of service to the community. Thirty youth will be recruited to participate in a school-year program. An additional 20 youth will be selected to participate in a summer program. Both programs will consist of community service projects. Collaboration with the RMNP, EVRPD, Senior Center, and Town Special Events Dept. to assist with development and implementation of projects has or will occur. Attorney White has reviewed the Contract. Matching funds will pay for team leaders and administrative costs, and a local Advisory Council will select team leaders. The targeted youth age is over 11 and under 16 years of age, and the Program will be based out of the Youth Center. Chief Repola will discuss liability insurance coverage pertaining to volunteers with CIRSA Representative Widmer. Approximately $14,000 is to beÂ· raised by a fund raising committee, and over $7,000 in in-kind contribution is being provided by the Police Dept. The Cost to the Town is insurance and in-kind services. The Committee recommends Chief Repola present the Contract and all cost details at the next Town Board meeting. â€¢ STATE OF COLORADO 4 GOVERNOR'S COMMISSION ON NATIONAL AND COMMUNITY SERVICE REQUEST FOR PROPOSALS TO ESTABLISH YOUTH VOLUNTEER CORPS PROGRAMS 1 Applicant Information Applicant Agency Name: TOWN OF .ESTES PARK POLICE DEPARTMENT Project Name: Estes Valley Youth Volunteer Corp. Contact Person: Chief Randy RepoIa Phone/Fax: 586-4465/FAX 586-9681 Project Director: To Be Determined Federal Employer Number: 84-6000661 Address: PO Box 1287 City, State, Zip: Estes Park, CO 80517 2 Proposed Request Amount Requested: $17,523 Project Start/End Date: 110196-093097 Proposed Service Area: Estes Va 11 ey & RMNP City(ies): wood Springs, Drake, Glenhaven Estes Park, Allenspark, Pine- County(ies): Drake & Meeker Park Larimer &.Boulder 3 project summary Through the establishment of a Youth Volunteer Corps, the youth of the Estes Valley will be given opportunities to experience, understand and value diverse cultures and environments; and to learn how these relationships impact their own community and themselves. By offering service opportunities both at home and in other communities, our young people will cultivate the qualities of respect, citizenship, stewardship and a passion for lifetime service to the community. We have already established linkages with the Lakota, Hopi, Zuni, and Crow Nations; Rocky Mountain National Park; and local businesses and organizations that will help to fulfill the vision of this program. One important outcome of this program will be that youth will know the importance of volunteering and gain an enhanced perception of their own value within both the local and global community. For the community, the introduction of the Estes Valley Youth Volunteer Corps means that our youth will be seen as a resource for the community. This allows young people to be viewed as part of the solution rather than being perceived as "the problem". 4 Evaluation Criteria A. How do the mission and goals ofyour agency relate to the mission and goals of the YVC and the Governor's Commission? And, how would the YVC fit into your existing operations? Since January, 1996 a group of concerned community leaders and members, the Estes Valley Focus on Youth, has been working to develop a list of core beliefs that serve the well-being of the community and its youth. These beliefs have been distilled into a set of goals that include encouraging the active involvement of all youth and adults; holding individuals accountable and responsible for their actions; and promoting citizenship, especially among youth. While the Town of Estes Park will be responsible for contracting and the oversight of funds, the actual task of implementing the YVC in Estes Park will be coordinated through Focus on Youth. This group includes representatives of the Town, municipal court, school district, recreation district, youth-serving agencies, service organizations, businesses, and concerned individuals. The establishment of the YVC fits with several of the stated goals and action steps of this group. (see attached letter of support and core belief statement/action plan) B. What experience does your agency have in running direct service programs, and in particular, those working with middle Bnd high school aged youth? What is your plan to recruit and retain youth in the program? Among the members who will be involved in the implementation of the YVC in Estes Park are the Estes Valley Youth Center, Partners, Eagle Rock School and Professional,Development Center, Rocky Mountain National Park (RMNP), and the local school and recreation districts. Each of these entities is currently conducting programs for middle school and high school students including recreational, educational, and social services. The Youth Center is governed by a board comprised of elected representatives from each grade in the middle and high schools (grades 6 - 12) and one representative each from the Town, school district, recreation district and Parents and Community for Kids (PaCK). The program will offer a variety of service projects,including but not limited to, projects at RMNP, working with the Town's Special Events Staff and assisting in recreation district programs. This diversity of activity will help in recruitment by appealing to a wide range of interests. By providing youth with the opportunity to become leaders within the community and building in a component of fun, the Estes Valley YVC will be able to retain youth in the program. C. What are the goals, skills, opportunities and experiences you hope youth will obtain through your YVC program? What service activities will you involve youth in? This program will provide local youth with an opportunity to learn valuable leadership and citizenship skills through planning, conducting, and evaluating service projects in the Estes Valley and Rocky Mountain National Park (RMNP). Projects in RMNP will incorporate existing educational resources and programs. A new "Adopt-An-Area" program has been discussed as the inaugural intensive summer program for the YVC. Service projects will also include outreach to the Lakota, Zuni, Hopi, and Crow Nations. The intercultural exchange of these components provides an exceptional educational aspect to these projects. The Town of Estes Park will offer projects that will foster a sense of ownership and respect for one's own community. Youth will keep written and/or photo journals of each activity and will create reports to the public evaluating each project. From their experiences youth will learn skills such as punctuality, team-work, time-management, organization, reliability and responsibility. All of these skills will be of value to them when they enter the work force. D. What are the central goals for this project and what measurable outcomes do you expect from your YVC program? Among the central goals and measurable outcomes to be accomplished in the first year of operation: Establish YVC office and support services. Hire Program Director and two (2) summer program crew leaders. Recruit & train 30 youth for a school year component, adhering to established YVCA program standards. Conduct two (2) service projects per month during school year. Select 20 youth from school year component to participate in intensive summer program component, designed in adherence with YVCA program standards. Conduct a 6 week intensive summer program for 2 crews of 10 youth. Identify 5 youth from summer program to serve as volunteer crew leaders for school year program in the second program year. Establish a volunteer recognition program for school year and summer programs. Create an advisory council to include YVC youth members. Participating youth will be involved in on-going program evaluation. Upon completeion of each project, participating youth will be involved in preparing and presenting programs to the community describing the projects and how they benefit the community. Solicit on-going community support to ensure continued YVC operation. 4 What are the existing youth volunteer opportunities Col programs) in your community, and how would a YVC program complement their efforts? How would you work with others in your community (i.e. schools, youth agencies, community groups, churches) to deliver the Youth Volunteer Corps program? If partnerships are formed to help deliver the YVC program, please list the partners and their major responsibilities. (Letters of commitment should be enclosed with this proposal.) Volunteer opportunities for youth currently exist through local church youth groups, school groups (eg NHS, Student Council, FBLA, etc.), Boy Scouts and Girl Scouts, local nursing homes and day care centers, Estes Valley Recreation and Park District, Rocky Mountain National Park, Eagle Rock school, and the Estes Valley Youth Center. Volunteers serve in both direct service and advisory/governing capacities. The YVC would enhance current programs by integrating educational and ethical components with community service to meet the overall goals of cultivating citizenship and leadership in youth volunteers. The YVC is being proposed by a coalition made up of representatives from the school district, town government, recreation district, federal government, local churches, service organizations, youth- serving organizations, and individuals concerned about youth and the community. Please see attached letter and core belief statement/action plan from Focus On Youth. F. To what extent will, young people be involved in the start-up, operation, and evaluation of your YVC program? Have young people been consulted to determine ifthey are interested in and supportive of a YVC? How so? Using the knowledge we have gained from our experiences in operating the Estes Valley Youth Center, we will involve young people in all levels of the start- up, operation, and evaluation of the YVC program in Estes Park. Youth input will be solicited in determining which projects the YVC will be involved in and the scheduling of those projects. Youth will be represented on the YVC Advisory Council and will help to design the volunteer recruitment and recognition components. Youth will play a pivotal role in operating and evaluating the program through their participation in the service projects, Advisory Council, and program evaluation components. A focus group was conducted at the Estes Valley Youth Center among a representative group of middle school and high school students to determine the extent of interest in and support for a YVC program. Those youth participating indicated that if the projects were fun and of real value they would be interested. There was also discussion indicating that including fun activities (trips to baseball games, amusement parks, museums, etc.) along with the work would help to draw more youth into the program. G. What plans do you have to garner future community support (i.e. funding, in-kind donations, additional resources, advisory council members) should you be awarded a YVC program? How will you work to sustain this program beyond the term of the grant award? There is already a great deal of community support for this project as evidenced by the diversity of signatures on the attached letter of support from Focus on Youth. It is the intent of this group to pursue additional financial support for the continuation of this program beyond the initial grant period. The broad-based support that has already been expressed for this concept indicates to us that continuation funding can be found within the community provided that the program can prove itself to be effective in meeting the goals as set forth by Focus On Youth. Funds, as well as in-kind support, can and will be sought from sources such as theÂ·Town of Estes Park, local businesses and service organizations, fund-raising events to be held by the YVC, and such grants as may come available through other sources. A detailed plan will be developed by the Program Director in conjunction with the Advisory Council. 5 Budget Summary: Expenses Governor's Grantee Share Total Commission Grant Share Personnel Project Director 10,895 Team Leaders 3,876 Project Operations Volunteer Transportation 2 2,000 (R3) T-shirts with YVC logo and name (@ $7.00 each) 252 Training and Orientation 2,000 (RMNP) 1,000 (ER) National Conference 1 1,800 Printing 300 (ER) Office Supplies (postage, copying, etc.) 500 150 (EP) Office Space and Services 4 5,000 (EP) Equipment 300 1,500 (EP) Service Supplies (gloves, trash bags, etc.) 2,000 Volunteer Accident/Liability Insurance 5 100/+ (EP) YVCA Annual Affiliation 400. Miscellaneous 11<8.4/Ld~ 1.non Other (please itemize) i I 9*4.1K Meals 2,400 4/lur'i.C2 Uu. Admin. Costs - 2,000 (EP) 4Â»4 6626Â« TOTAL 17,523 19,450 6 Match Funding: I E, G 2. Zi kÂ· ~~ - Source Committed Pending Cash In-Kind Total Amount ER |,300 1.300 RMNP 2,000 2,000 R-3 2,000 2,000 Service Clubs 5,400 5,400 Town 8,750 8,750 7 Signature: Application must be signed by a duly authorized agent of the applicant. "I hereby certify that the foregoing information is true and correct to the best of my knowledge. In addition, in the event that this proposal is selected to receive funding, this organization has designated, by act or resolution, ChiefrRandy Repola to be primarily responsible for the contracting and oversight of said funds." Applicant Date 7 TOWN OF ESTES PARK Police Department t:*34>Vl~8 '02>4aY"Kb09%<f. 0 1,~,d*CORS - --2-33- t.: drif.~9+r~~~~~,0, ~~~ /13.,f.1 <49.14.-- .b-~- -%-die. U\ r -3/ prnyfipLfLemag'cti--1 -- g_-'3'f>N'*4xxs;9Â£*-rt: 4 \ 11\ ..V .13:8072:0, '1/~ - 1 .0Â¢4.1,1 z. -0=â‚¬4.1 V' 71=",4 f,li a?+Way ~j>,f:~r r".' . 1.4 January 10, 1997 Department of Local Affairs Community Partnership Office Safe and Drug-Free Schools & Communities 1313 Sherman St., Suite 500 Denver, CO 80203 Dear Mr. Geissler and Ms. McIntire: The Estes Valley Youth Volunteer Corp project has been revised based on the grant award of $12,500. Enclosed you will find our revised budget. In order to provide the program with a revised budget, we have made several revisions. After implementing the revisions, we intend to pursue the same goals and objectives, though on a somewhat smaller scale. Therefore, we are not returning the goals worksheet. In response to the conditions set forth in your letter, we have altered the program in the following areas. In addition to the projects listed in our original proposal, we will work with the Town's Special Events Department and the local Senior Citizen Center. Furthermore, we intend to work with Habitat for Humanity as the opportunity arises. Secondly, due to budget constraints, we will not be able to work with the various Nations as originally proposed. Therefore, that part of the project has been dropped. Finally, we will be providing various educational components to the participants. The educational programs will include Baseline and leadership training. Baseline is a six-hour seminar that teaches youth about drugs and tile disease of addiction. The leadership training will be provided by staff from the Eagle Rock School. If you have any further questions regarding these revisions as well as our new budget, please do not hesitate to give me a call. I can be reached at (970) 586-4465, Monday through Friday. Sincerely, Randy Repola Chief of Police (970) 586-4465 Â· 110. BOX 1287 Â· liSTES RÂ·\RK, CO 80517 Â· 1-AX :9701 386-4-196 SAFE & DRUG-FREE SCHOOLS AND COMMUNITIES GRANT PROGRAM AWARD SUMMARY AND REVISION FoRM Please type corrections directly on this form or recreate the form on your computer. GRANfrEE INFOOMATION CORRECTIONS LEGAL APPLICANT Town of Estes Park Police Department CONTACT PERSON Chief Randy Repola MAILING ADDRESS P.O. Box 1287 CITY Estes Park ZIP CODE 80517 -4+- 0 - PHONE (970) 586-4465 FAX (970) 586-9681 AMOUNT AWARDED $12,500 ~ RESPONSIBLE ADMINISTRATOR Chief Randy Repola ADMINISTRATOR'S SIGNATURE DATE Please complete the following budget for your project according to the amount awarded. It.must be consistent with the budget proposed in your original application. Please condense categories and use headings provided. This budget will be integrated into your SDFSC contract. But)i;ET CATEGORi? . ~GRINT SHARE CORRECTED GRANTEE CORRECTED TOTALS .REQUESTED; AMOUNT SHARE + AMOUNT Personnel $14,771 $10,300 $0 $ 3,637 Operating $2,200 2,200 $8,400 8,400 Travel $0 0 8,000 1,000 Equipment $300 0 $1,500 1,800 Supplies $752 0 $2,150 2,818 Other $0 0 $5,400 4,200 Total $18,023 $12,500 $19,450 $21,855 TOWN BOARD MEETING FEBRUARY 25, 1997 Action Item #2. Stanley Hall Lease. I am enclosing Greg White's "draft" copy of the lease as a final form is being written. It is difficult to read, but we thought it would be best to at least see it in this form prior to the meeting. We anticipate that the final will be available at Tuesday night's meeting. 1 FEB-21-1997 09:43 HAMMOND, CLARK & WHITE 9706699380 P.02 40 0-wAA- LEASE AGREEMENT This Lease Agreement CLease") Es made as of , 1996 199-, between NEW STANLEY ASSOCIATES, L.P., a Colorado limited partnership CLandlord"), and THE TOWN OF ESTES PARK, a Colorado municipal corporation ("Tenam"), who agree as foilows. 1 LEASE OF PREMISES, GRANT OF EASEMENT 1.1 Landlord leases to Tenant and Tenant leases from Landlord, upon the provisions and conditions get forth herein, those catain premizes ("premises") described on E,ddbit "A" attached hereto, which Premises, commonly referred to as "Stantey Hall" are located on that tract of land in the Stanley Historic District improved by "The Stanley Hotel and associated buildings ("Real Property"). including Without limitation "Slanlev Hall." The Real Property is described more specifically in Exhibit "B" attached hevio and incorporated herein as if fully set fotth; and the Premises Me depicted on that certain survey of the ReaI Property attached hereto u ~, Exhibit "C" and mcorpormed herein as if fully set forth. Tenant, as a result of entering into this Lease, shall not have right, claim or be entitled lo, and by its execution ofthis Lease specifically acknowledges that it may not assert such right, claim or entitlement, to occupy any other portion of the Real Property save and excepting the Premises 1.2 Notwithstanding anything contained herein to the contrary, Landlord hereby grants to Tenant and its invitees and licensees a non-exclusive easement ("Easemern for ingress, egress and general use of those portions of the Real Propem set aside for vehicular and/or pedestrian trafiic leading to and from the Premises. The Easement provided is depicted in more detail on that survey of the Real Property attached hereto as Exhibit UD" and incorporated herein as if fully set forth This Easement shall be appurtenam to Tenanrs leasehold interest created hereunder, and shall be immediately terminated without any further action ofthe parties at such time as this Lease has expired, or is otherwise rendered null void and of no effect in accordance with its terms and conditions. 2. TERM 21 Commencement Date The term of thic Leage ("Termw) shalt commence on the lauer date of the execution of this Lease by Landlord and Tenant, and the provision to Landlord by Tenant ofevidence which ts reasonably satisactory inthe sole discretion of Landlord that Yenant, in coNunction with the Colorado Historical Society and other parties, if applicable, will provide those sums of money itemized in Paryraph 6.2. necessary to construct and install those improvements ats on or about the Premises, itemized in Exhibit "EL attached hereto and incorporated herein as if fully set forth ("Term Commencement DateD. The payment of annual rent of One Dollar ($1.00) will likewise commence on the Term Commencement Date. 2.2 Term The Term of this Lease shan be ibr an -Initial Term" Beginning on the Tenn Commencement Date and ending December 31, 19973 -- EB-21-1997 09:46 HAMMOND, CLARK & WHITE 9706699380 P.01 23 Qption to Extend. Provided that Tenant has not defaulted in the performance ofany ofthe terms and conditions ofthiG Lease at the time that it may be entitled to eurcise any option hereunder, Tenant may, .t Tenant's option, extend the Term ofthis Lease for fony-nine (49) consccutive, additional one (1) year term renewals CTerm Extensions'l upon and subject to allthe provisions and conditions of this Lease. The first Term Extension shall commence at the expiration ofthe Initial Term, unless sooner terminated as provided herein. Afte, the exercise afany option to extend. all references in this Lease to the "Term' shall be considered to mean the Initial Term as extended, and all references to termination or to the end of the Term shall be considered to mean the termination or end ofthe Term Extensions. as the case may be Tenant may terminate this Lease without recourse at any time provided that it has so notiied the Landlord ofits intention to terminate this Lease in writing at least thirty (30) days prior to the expiration of the Initial Term or amr Term Extension. Notwithstanding the foregoing right of termination, Tenant shall remain liable for all inwrovements annual improvement contributions attributable to Tenant for the vear of termination as hereinafter referred to and itemized in Paragraph 62 ofthis Lease, if such amounts have not been paid in full prior to the time that Tenant elects to terII,inate same. ShookFTenanttet,ninateÂ·thh Low= p,Qu, lu 11. e.pla.Gu.. ofil. &14..}-Term Ealuu.Iv... it 3hall, as &-wv...1;Gv.: wf lildk;.â€¢â€¢tkni, ~-Â·Â·Â·Il iv U., u,â€¢1,â€¢w.-d.WR-Iscreâ€¢r-IBent 6-â€¢lw..,w...ew.,ly w;th ;l, ./uch, ur lw,imiat,wâ€¢,s â€¢5*114;â€¢1;â€¢â€¢8 â€¢upaid uuvivv=:steztcontribctr~723 note#~imP==papt. C.2, ,~84*Jl. wfll.4 5l&,61 5 1.*Jutine uf,u,1 ,-61.liw,â€ž fo. fulu:. F;v,1- 2.4 Tenanfs right to the options to emend are subject to the following conditions: 2.4.1 Tenant shall notbeindefault under any provision of this Lease which default remains uncured, nor shall any monetary obligation be then due and delinquent, (A) at the time notice of exercize i, siven, or (B) on the lagt day of the Term 2.4.2 Tenam shan have complied with the following procedure fbr CXcrcising the option: (A) At least thirty (30) days prior to the last day ofthe Initial Term, or the then currem Term Extension (as the case may be), Tenant shall give Landlord written notice exercising the option, and (B) Each party shall, st the request of the other, execute a memorandum acknowledging the fact that the option has been exercised. 3. RENT 3 1 R=. Commencing on the Term Commencement Date, and not before, and continuing thereafter during all petiods that this Lcasc shall remain in force and effect, the Tenant shall remit to the Landlord the per annum mim of One Dollar ($ ] .00) in full and final payment of rent. ........ FEB-21-1997 09:47 HAMMOND, CLARK & WHITE 9706699380 P.02 0 ..66 â€¢W.-WÂ·29 . 3.2 Payment,21.BAnt. Tenant shall pay annual rent to Landlord, without notice, sctofE deduction or omet, in lawfid money ofthe United States at the management office at The Stanley Hotel, or it such other place u Landlord may designate in writing to Tenam on the first business day of the Initial Term or each Term Extension. 4 TAXES Tenam shall pay prior to delinquency a au taxes assessed against and levicd upon, furnishings, equipment and atl personal property of Tenant contained in the Premises. When possible, Tenant shall Gauge iu furnighings, equipment and all other personal property to be assessed and billed scparately from the real property of Landlord Ifany of Tenant's penonal property shall be assessed with Landlord's real property, Tenant shall pay Landlord the taxcs attributable to Tenam within ten (10) days after receipt ofa written statement setting forth the taxes applicable to Tenant's property The Landlord shall be responsible fbr the payment of real property taxes only Sales. :pecial assessment and/or other taxes incurred as a result of the leasing of the operation of same shall be the sole obligation of the Tenant. 5 SERVICES AND FACILITIES 51 Pruvision ofServices Tenaot shall maintain and restore all exterior portions of the Premises as required. Tenant shall take possession of same, "as-is, whereÂ« and with all fullrts." subject to the reconstruction of the Premises as contemplated by the description of improvements hereinafter refmed refe.ed to in Paragraph 6.2 of Big Lease Landlord shall assist Tenant, at no additional cost to Landlord, in obtaining all necessary permits, authorizations and easements necessary to connect to and utilize such Utility facilities 5.2 S ips. Tenant shall not install any sign at or on the Premises without first obtaining the written consem of the Landlord, which consent shall be granted or withheld in the sole and absolute discretion ofthe Landlord. 53 No Common Area Expenses. Tenant shall not be obligated to pay or share in the cost of any expense relating to the Real Property and/or Premises or its operation and maimmance or the common areas therein. It is understood, however, that Tenant and its employees and customen will not have to separately pay for parking at the Premises provided that all parking is done in designated areas u hereinafter provided for in Paragraph 8.2 of this Lease. 6 ALTERATIONS, MAINTENANCE AND UTILITIES 6.1 1.andlord Warranty Landlord represents and warrants to Tenant that after a due and complete inquiry and investigation- Ca) Landlord is not aware of nor does it have reason to be aware of any.Hazardotaiublances" (as defined herein) upon, in, or about the Premises that are not disdosed in writing zo Tenant prior to thc execution ofthis Lcax; and (b} that the Premises nrc suitably zoned for Tenant's intended use ofthe Premises- FEB-21-1997 09:47 HAMMOND, CLARK & WHITE 9706699380 P.03 ... . ./.66 ..0.-wa, 6.2 Tenant Improvements. Commencing on the Tenn Commencement Date, or at such time before or thereafter that the Landiord makes the Premises available to the Tenant, Tenam shall commence to construct and thereafter complete upon the Premises those improvements described on Exhibit 7 attached hereto and incorporated herein as if fblly set forth ("Tenant Improvements ). It is amicipated that the Tenant Improvements shall cost, in the aggregate approximately Three Hundred Fony-Eight Thousand Dollars ($348,000) and shall be funded over a period ofthrce (3) years by the Landlord, Teriant, and the Colorado Higtorical Society through a non-recourse grant funded in three phases as follows: a During the Initial Term. the Tenant shall provide the sum of Thirty Thousand Dollars ($30,000), the Landlord shall provide the sum of Twenty Thousand Dollars ($20,000), and the Colorado Historical Society And_other parties. if applicable, shall provide the sum ofOne Hundred Fiteen Thousand Dollars ($115,0001 b. During the Ant Term Extension, the Tenant shall provide the sum of Thirty Thousand Dollars ($30,000). the I.andiard shall provide the sum of Twenty Thousand Dollars ($20,000), and the Colorado Historical Society and other parties, iflpplkable, shall provide the sum of Seventy Thousand Dollars ($70,0001 c During the second Term E*ension, the Tenant shall provide the sum of â„¢rty Thousand Dollars ($30,000), the Landlord shall provide the sum ofTen Thousand Dollars ($10,000), and the Colorado Historical Society and other parties. if *opticable, shall provide the sum of Twenty-Three Thousand Dollars (523,000) Tenant shall complete the construction and installation of the Tcnant Improvements in each of the three phases described above acd more fully described in Exhibit 7 within one year after Tenant commences work on the particular phase Upon the expiration or earlier termination of this Lease under any circumstances. including the exercise by Landjord of its rights pursuant to this Paragraph6 2 below m the event flmding for the completion ofthe Tenant Improvements is no longer available, Tenant shall have no Airrher daim to any of the Tenant Improvements, and all right, title and interest in the Tenant Improvements installed or ordered for the Premises as ofthe last day of the Term shall immediately vest in Landlord without the requirement for any additional writing between the parties Thâ‚¬ pelies 14#derstand and agree :hat the Colorgdo Hts:orical Soclely grant is phased over a three year period m pro,414 above Only the first year is guaranteed= a * second and third year paymena am dependent â€¢pon funding received by the Colorado Hislorical Sociely. In the .ent that the Colorado Historical Sociesy grant is not fundcd in either the second yew or third year or both, the panies agree thal, at the opÂ¢ion of Tenant, fhe--pemenÂ¢r,et--for#rin sâ€¢Bporâ€¢grop/a "bn J.J "." .Lur. â€ž.17 6.,v'*'on.4~r,P-ied-#0~*O-,3,ce,#1,00-On,year t~=i==2=f~=+7=++~-7--95dl Â«Â§ 10~ (13 the funing foâ€¢ a giwn vets Davment due from flie Glorado Hinoncal Sociely_11 not avallable, ne:ther Tenant nor Landlord shall be reqâ€¢ired to fund the comparah!Â£ paymentâ€¢ 0464â€¢wise reqâ€¢ired efeach of them unde, sub,Hmgraphs subpwagrank "b" =d el "c" fas appligghld abo,e intheeweittltalâ€¢//Iâ€¢Tenal 47 In,Nueâ€¢dom#Immi,kil,Ii.fund Ill//1/4//Ii//Fifthe FEB-21-1997 09:48 HAMMOND, CLARK & WHITE 9706699380 P.04 conDibutionnes fo,th insubp.graph; "b" or"c" above, midfâ€¢*ding shaU becredited towards the papieents Ng,iredfrom lke co-*64:ing pmly when Ow psyme,tes by the Colorado Historicat Society sâ€¢folth ins,Â¢bpgrogmph "b" and "c" res=me In:he event thalqfter lizthe brovit~yew end of-!9 second Tum Extemiom Extension, the CoIorado Historical Society grant is not JInded and Tenant does not wis k tofund the Colorado Historical Sociely's sham ofthefâ€¢nding required 0, has nor been able to obtainfunds*om other 50*rces, Landlord may terminate this Lease aithe end Â«fihe â€¢econd Tgrm Extendum Except m set forth abave, I.andlord shall not be required to remit a,ty amouat Jor inpoven:ent, in ike event thaf eit*en~-*0#rÂ«the*,MmN, the Colon:do Histo,ical Societ -,fails to remit all or any portion of the impr,ivement funds itemized;*bebtrâ€¢ candi*onvi However. in that case. Te,tant's right to use, occupy and enjoy the Premises bevend the end of the second Tenn Examsion woodd be conditioned on the reqwirement fhat â€¢ick improw.- contribalions tef..ded,â€¢fâ€¢JHÂ»011â€¢Teâ€¢ant..d otherwise owed be'te Colorado Historical Soci4-or=chÂ·,*her,mouree~=,1=Â»e-occep*Me-1-~*rd-Thelâ€¢HtÂ¢,el.emit I - fid mip â€¢mount, 014*g but 29*moned hv Te,tant Dul-ant Â¢* the par.rapIt i.un~atelv above) be funded bv Tenant Alike same time that Tenant funds 119 ositâ€¢undig pavmentx dite hon, the Colorado Historical Society; (Eggl9,v pmmie,A pos:noned bv Tencint m allowed abovel. Lmwgo,d win be reguired :o fâ€¢nd anv pavment* pos:poned bilandiord purs,tant to the precedil,2 Danqmpk ThÂ®jailâ€¢re hv Te,â€¢ant to remit inv improwme:,Â¢ A-! amootâ€¢ts owed bv the Color-10 Hiatorical Sociefv or biT,nal,t bv the end of the second Term Extension shall ed:le Landlord, al Landlord's option and in its sole a.d absolute diâ€¢cretion, to terminate this LAase â€¢dfectiâ€¢e'hnmediatelre, at,iny time upon notice by Landlord to Te,tant Thrown of Eates Park ftbe '<Town"l n, Le,xe im not obligated bv this Lease to make anÂ¥ Davmeell in Iav liscal vearbevond theliscal Â¥ear for which funds are =Dropriated or to make ng,ments fÂ¢om iny funds of the Town other than flinduDDropriated for the osyment otcurnal.pe,â€¢ditur- Allpapment obligitions of the Towâ€¢ under thil Lease are from vear Â¢0 Year ontv and do not constitute amultinle-fiscal vur direct or indirect debt or otber final obligation QI Ehe Town. No provisions of this Lease shall be consinled to Dledze or crearg a lien 29 any clns or souretof Town monies. assets or Droperties Amounts due and pay:ble by any party pursuant to the term of this Paragraph 6.2 shall be remitted to an escrow agent to be mutually selected by Tenant and Landlord at the commencement ofthe Initial Term and by April 30th ofthe first and second and, if applicable, third and fburth Term Baermion,- The escrow agent shall disburse remitted funds. as appropriate, upon the completion of improvements required to be constructed in accordance with Ihe schedule ofimprovements contained in Exhibit "F." 63 Construction of Tenant Improvementi The construction of the Tenam Improvements shall be done in accordance with the following: 6 3.1 Such work including, without lirritedion, Tenant'splans, specifications and general contractors, shall be subject to the continuing approval of Landlord, which approval shall noI be unreasonably withheld. FEB-21-1997 09:49 HAMMOND, CLARK & WHITE 9706699380 P.05 6 32 Such work shall be done in conformity with a valid building permit as required. 6.3.3 Tenant shall keep the Premises free and Clear of any claims fbr mechanic's, materialmen's or similar liens, as further provided hcreinbelow 6 3 4 Tenant shall carry and shall cause Tenant's contractors and(or) Subcomractors to carry workers' compensation insurance and general liability and property damage insurance, such inairance shall name Landlord as an additional insured. 6.3.5 Landlordshallhave the right at at! reasonable times to post, and keep posted, on the Premises any notices that may be provided by law which Landlord may deem nccessaiy or advisable for the protection of Landtord and the Real Property and/or Premises from mechanics lien claims. 6.3.6 AU work done pursuant to this paragraph shall be done in a good and workmanlike manner and in compliance with all applicable legal requirements. 64 Alterations and Additions: Gener,1. Without Landlords prior w,itten approval which approval shall not bÂ¢ unreasonably withheld, Tenant shall not make any alterations, improvanents or additions in. on or about the Premises. Notwithstanding the foregoing provisions of this Paragraph, Tenant shall have the right, without Landlords prior written approval, to those improvements contained in Exhibit "E". 65 Utilities Tenant shall be responsible for the payment of all utility costs incurred in connection with its occupation, use and operation ofthe Premises. Within ninety (90) days of the Term Commencement Date, Tenant shall, at its expense, cause to be installed at the Premises, separate utility metering units capable of specific measurement of utility consumption at the Premisel In the event that Tenant h unable to obtain separate ulility metering for the Premises, Undlord shall provide to Tenant on a monthly basis, lIz best thith estimate of the pro-rata share of utility expense atuibutable to the occupation. use and operation of the Premises, but billed as part of the aggregate utility billing to The Stanley Hotel. Such good faith estimate shall be accompanied by a written summary of how such estimate wa, derived. Tenant shall be required to remit to the Landtord payment of such good faith estimate within five (5) business days after receipt of same 7. REPAIRS AND MAINTENANCE Subject to the current conditions ofthe Premises, Tenant shall, during the Term ofthis Lease keep the Premises, including all improvements constructed therein, by or for Tenant, in good order, condition and repair, including, without linitation, the interior surface or exterior walls; all windows. doors. door fames and door closures; all plate glass; al] carpeting and other floor covering; all electrical wiring conduits and equipment, and shall as necessary, or when required by government authority, make modiScions or replacements thereof. Tenant shall at all times kccp all areas in and about ttic Premises neat, dean, See of wash, including provision by Tenant, at Tenant's sole cost and expense. Landlord shall have no obligation to repair or maintain the Premises or improvements FEB-21-1997 09:49 HAMMOND, CLARK & WHITE 9706699380 P.06 . constructed thereon Tenant shall keep all areas appurtenant to the Premises and the Easement provided G,r the benefit of Tenant and its invitees and licensees cloan and free from any garbage or debris associated with Tenant's and its invitee's and licensee's use ofthe Premises. It is acknowledged that the Premises shall be used as a performing arts and cultural center, and for Town of Estes Park meetings. Tenant speciflcally covenants and agrees that it shall be responsible for the prompt Gicaning of the Premises and appurtenant areas, includins without limitation the Easement provided, of any debris and waste which may have been deposited thereon or accumulated as a result ofthe utilization ofthe Premises for such purposes. Notwithstanding the forezoing, the Tenant shall be required to complete guch cleaning of the Premises. appurtenant areas and/or Easement, within twelve (12) hours ofthe completion of each use of the Premises, appurtenant areas and/or Easement. 1,and}ord shall keep in good order, condition and repair and otherwise in compliance wirh law the foundations. exterior walls (excluding the interior of all walla and the exterior 0, interior of any windows, doors, or plate glass in the Premises) and roof (excluding interior ceiling) of the Premises and all plumbing, sprinkler systems, and HVAC systems serving the Premises (but not directly installed therein) 8. USE 8 1 Permittd Use Tenant shall use and occupy the Premises for the operation of a performing arts and cultural center and meeting place for Town of Estes Park municipal functions, but for no other purpose. 82 Conduct of Business. Tenant shall not allow the Premises to be used for any illegal or unlawiti purpose, nor shall Tenant cause, maintain, or permit any nuisance or waste in, oIl or about the Premises. Tenam shall not use the Premises or permit anything to be done in or about the Premises which shal] conflict with any law, statute, ordinance, or governmental rule or regulation Tenant shall not use or keep any substance or material in or about the Premises or perfbrm any activities, or operate same, in a manner or mode which may affect the validity of or the premiums charged for insurance of the Prrmises, or increase the hazard or risk of loss with regard to the Premises Tenant covenants and agrees that it shall not utilize the Premises in a manner or for such purposes which materially interferes with the operation of The Stanley Hotel The parties covenant and agree that all events conducted at the Premises shall be not discredit or injure the operarions. character. reputation or goodwill of The Stanley Hotel. Tenant shall give Landlord prior notice of the nature of all evems. If Landtord reasonably determines that said event would be harmful or injurious to the operations, character. reputation or Boodwill of The Stanley Hotel, Landlord shall not* Tenant in writing. Immediately upon receipt ofany such notice. Tenant shall discontinue or cancel the events to which Lanatord has objected. 8.3 Sole Usaze Landlord shall not lease space in the Premises nor permit any other tenant, occupant, sublessce, concessionaig licensee, assignce or otheiwise to utilize same save for gnict compliance with Paragraphs 9 and 8 ofthis Lease FEB-21-1997 09:50 HAMMOND, CLARK & WHITE Â· 9706699380 P.07 FEB-1 7-17 08:23 prom:SIEmWI & HONARD T-255 P 10/22 Job-530 ' 8.4 I 'Â£(gmelance With Law. Except as otherwise provided in this Lease, Teoad shall, at Tmanfs 6010 coit and =pease, fliny, diligently and in a timely manner, comply with all "Applicable Law." which term is used in this Lease to include all laws, rules, regulations ordinances, dilt/ves, covenams, easements and restrictions of record, permits, the requirements of any applicable fire insurance underwnter or rating bureau (including, but not limited to miners patiaung to (i) inthistlial hygiene, 08 environmental conditions on, in, under or about the Premises, induding soil and groundwater conditions, and (iii) the use, generation, manufhcture, production, installation, maintenance, removal. transportation, storage, spill or release of any 'Hazardous Substance" [as herein daned] or storage tank), now in effect or which may hereafter come into eict and whaher or not reflecting a change in policy Rom any previously existing policy. Tenant shall within five (3) days after receipt of I.andlords written request, provide Landlord with copies of all documents and information. induding, but not limited to, permits, registrations, manifets, applications, reports and certifcates evidencing Tenanfs compliance with any Applicable Law speciSed by I.andlord, and shall immediately upon receipt, notify Landlord in writing (with copies of any doguments involved) of any thretened or actual claim, notice, citation, warning, complaint or report pertaining to or involving failure by Tenant or the Premises to comply with any Applicable Law. Tenant shall not be in default under this provision of this Lease if a governmemal agency or authority claims that Tenant is in default under Applicab]e Law so long as Tenant is protesting the application of the same in good faith 85 Inspection:Â£9mpliance Landlord shall have the right to enter the Premises at any time, without the necessity of prior written or oral notice, for the purpose of inspecting the condition of the Premises and for verifying compliance by Tenant with this Lease and all Applicable Law, and to employ experts and/or consultants in connection therewith and/or to advise Landlord with respect to Tenants activities, including, but not limited to, the installation, operation, use, monitoring, maintenance, or removal of any Huardous Substance or storage tank on or from the Premises. The costs and expenses of any such inspections shall be paid by the Landlord, unless a contamination caused or materially contributed to by Tenant is found to exist. In any such case. Tenant shall upon request reimburse Landlord for the costs and expenses of such inspections 86 14*ing Landtord shall provide Tenant with u:c of designated parking areas on the Real Property in support ofthe Tenant's reasonable occupation, use and operation ofthe Premises. The Tenam chall nat be charged for use of designated parking facilities 8 7 Coosimline Ri,hts of The StantÂ¢Ylig!,1 8.7.1 Landlord shall have the discretionary right to utilize the Premises for any purpose during such periods that it is not utilized by the Tenant. Tenant shall provide to Landtord on a weekly basis. a schedule of intended use of the Premises, which whedule shall be determinative of the availabiltly of same for use by Landlord in the operations of'rhe Stanley Hotel. Such Â®hedule shall only be modified after its publication, by mutual agreement of the parties. Landlord covenants that it shall promptly clean the Preinises after each use, and leave it in a condition so that it is reasonably prepared for the next scheduled event. TOTAL P.07 FEB-21-1997 09:51 HAMMOND, CLARK & WHITE 9706699380 P.01 .1 t 8 7 2 Lardlord,through The Stanley Hotel shall serve as the exclusive fbod end beverage ("câ€¢e#:129 provider to the Premises Tenant ind Landlord shall agree upon prices for food and beverage concessions at the Premises Such prices shall at all times be substantially and maierially imilar to other food and beverage goncessions which may be obtained fbr similar catering senices at like hotel facilities in the region In the event that Landlord is unable to provide catering services to the Premises, then, in that event, Tenant shall be permitted to contract for such services on an event ba,is wilh an independent contractor. qualified and able to provide Gervices for the event scheduled. Landlord shall have the right to reasonably approve the terms and conditions for the independent contractots use ofthe facilities at the Premises Without limiting the generalhy of the Breping, Tenant and the independent contractor retained shall have a continuing duty and obligation to promptly clean up all areas affected by the staging of an evem at the Premises 9. ASSIGNMENT AND SUBLETTING 9.1 As,ignment. Subletting Except as permitted hereunder. Tenant shall not voluntalily or by operation of law assign or transfer all or any part of its interest in this Lease or the Premises nor Sublet the Premises in whole or in pan Tenant may only assign, transfer or sublet this Lease with the prior written consent of Landlord, which consent shall be granted by the Landlord in its sole and absolute discretion. The parties understand and agree that Tenant shall have thenght to provide management sesvices for rhe Premises by a wparate entity 9.2 Amunption. Each permitted assignee ofthis Lease shall assume all obligmions of Tenant under ttus Lease and shall execute and deliver to Landiord a Written Assumption Agreement withrespect hermoina form reasonably acceptable to Landtord. The Landlord's consent to an assignment in whole or in part of this Lease shall not release Tenant from any obligation. tenn or condition contained in this Lease. Upon any assignment, Tenant shall be released from liability hereunder. 9.3 Leasehpld Encumbrance. Tenant shall not without the conscm of Landlord, which shall extend or deny samo in its sole and absolute discretion, encumber its leasehold interest under this Lease. 10. LIABILITY 10.1 No liabilitY. Landlord shall not be liable to Timor and Tenant hereby waives all claims against Landtord for any injury or damage to any person or property in or about the Premises by or from any cause whatsoever in, on or about the Premises, the Premises or any part thereof except when such injury or damage results from Landlord's afld(or) its agent's. servants, employee's or invitee's, or any other tessees, concessionaires, licensee's or subtenant's intentional misconduct, nesligence or breach of this Lease 10.2 IgnNUiabilitx Except for Landlord's and(or) its agenfs, senant's, employees or invitees, or any othcr losees, concessionaires, licenseds or subtenant'g intentional misconduct, negligence or breach of this Lease, Tenant shal] be responsible for all claims, loss of rents and/or damages, CORS, lienl judgments, penalties, permits, arromeys' and consultant's fees, CxpÂ©83CS - FEB-21-1997 09:52 HAMMOND, CLARK & WHITE 9706699380 P.02 and/or Babilities arising out of, involving or in deatingwith, the occupancy of the Premises by Tenant, the conduct of Tenanfs business. any act, emission omissign or neglect of Tenant its agents conrractors, employees or invitces, and out of any breach by Tenant in the performance of any obligation on Tenam's part to be performed under this Lease. utes-11:at Staoley IIall .1.11 6 J..aUG.1 a -pul,lk Luil.Ii,&' atset 6â€¢w uf...I....Mt, 3-1 foill.;.. 1141 p,vvid=J h. Cvlv. Rvy. Stat Sc..Guu 24-10.114.- ++Â·iNGURANGE *++irisof,nct 11. INSURANCE Tenant shal] at a]} times after the Term Commencement Date and during the Term hereof, and St its own cost and expenee, procure and continue in force worken' compeniation insurance and bodily intiury liability and property damage liability insurance in order to protect Landlord and Tenant against Uability for injury to or death of any person in connection with the use, operation or condition of'the Preinises. Such insurance at all times shall be in an amount ofcombined coverage ofnot less than the girater of $ 1,000,000 for each accident or occurrence In the event that thc Tcnâ€¢nt is peratted to engage an independent contractor pur,uant to the tcrms and conditions of Paragraph 8.7.2, Tenant shall ensure that its insurance coverage shall cover the acts and actions of such independent contractor or. in the alternative. ascertain as a con*tion of retaining such party, that the independent contractor retained has similar insurance coverages as is required ofthe Tenant Tenant shall at all times after the Term Commencement Date and during the Term hereof maintain in effect policies of insurance covering: 0) the Improvements Oncluding any alterations, additions or improvements as may be made by Tenant pursuam to the provisions ofthis Lease), and (ii) personal property from time to time on or upon the Premises, in an amount not less than one hundred percent (100%) of their actual replacement cost from time to time during the Term of this Lease, providing protection against any peril included within ihe classification "Fire and Extended Coverage," together with insurance against sprinkler damage, vandalism and malicious mischieÂ£ The proceeds of such insurance, so long as this Lease remains in effect shall be used for the repair or replacement ofthe propetty 80 insured. Upon termination of thit Lease following a casualty set forth herein, the proceeds under (i) above shall be paid and belong to Landtord, and the proceeds under (ii) abovc shall be paid and belong to Tenant. Landlord shall maintain in effect at all times during the Term hereof a policy or policies of insurance covering the Premises providing protection against any peril generally included within the classitication "Fire and Extended Coverage," in an amount equal to the fuU replacement cost thereof. Tenant may meet its obligations under the terms ofthis Paragraph +Et 11 by its membership in the Colorado Intergovernmental Risk Sharing Agency (CIRSA) or any other municipal self insured pool licensed by the State of Colorado. L-'41 ~ 1 CLZU11'11'fl-2 1 -0.-Â·W-'! 2:' ful FEB-21-1997 09:53 HAMMOND, CLARK & WHITE 9706699380 P.03 41 . All insurance required to be carried by either party hereunder shall be issued by responsible insurance companies, qua[ilied to do business in the State of'Cotorado Tenart shan deliver to Landlord bet&e The Delivery Date copies of all policies or certificates evidencing the existence and amounts of such insurance, required to be maintained by Tenant hereunder. No such policy shall be cancelable except after thirty (30) days' written notice to Landlord Tenarrt shall, at least thiny 00) days prior to the expiration of any such policy, furnish Landlord whh renewals or 'binders" thereof Any insurance required hereunder may be carried under so-called 'blanket coverage" form of insurance policies. Ear,dlord atal T.uaut ge.]ri.w.Ly .4..6 auy -4 *11.6.1,1, uf...wvg,y *84.,.1 gadi oll.w aud-thetr rmpec*vtÂ·ofFieers;,mployelfrlgents-*nd-repre~nlail v J vf &u.1 vill. Pal ly fui luae wf w. Joto.zie to .u..6 -a;vauB VNLy v.,6 rvi,dz L, 6. 11. F.vvwly wfwil.*a u l= Ila ~001101. an:618 f.vw 4.4 caus. for .1.k.]. Lau.11â€¢,1.1 ....1 Twidist-ar=-rt.iwil J tw u..7 910-2.5.0 w. Lw rwl.ide-self=i:=oranct ..alw ".11-.UL" I .....1.- -eer-Â»*lf-1..6..â€ž...e=........e.. Lcu.1101.1 ...1 Twa:,1 2.6.-1. 11.&11-obtmurind R:rnish-eâ€¢,21..i.~ lu [1â€ž. wil,L, wfil..aivâ€ž L, 4..1 thi. J pal Ly .1,2,3ually i.:gul cu ..u.&61,16,m li. w.;vw *<4**fsubrog=ion: Notwithstanding anything to the contrary stated in this Paragraph +14 U. if and for so long as the Colorado Govornmental Immunity Act, Ankle 10 of Title 24, Colorado Revised Statutes ("Govemnental Immunity Act") shall be effective to restfict the potential liability of Tenant, Tenant's public liability insurance may be in such lesser amount as is equal to but not iess than, the amounts for which the Tenant may be held liable as provided in the Colorado Governmem Immunity Act. Landlord and Tenant understand and agree that each is relying on, and does not waive or intend to waivc, by any provision of this Lease, the monetary limitation, or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, as amended from time to time, or otherwise available to [he parties or any of their officers, agents or employees 12 DAMAGE OR DESTRUCTION 12.1 Restoration- Landlord shall promptly and with due diligence, after reccipr of the applicable insurance proceeds, repair and restore any damage or destruction to the Premiseg (exclusive of Tenant Improvements. alterations, Bxtures and equipment used or installed by Tenant) upon written notice to Landlord of such damage; provided. however, that Landlord shall have no obligation to repair and restore the Premises ifir is nor legally required zo do so. I.andtord shall promptly repair any damage and destruction purmiant to this Paragraph 12 and, to the extent possible, shall not interfere with Tenant's use and occupancy ofthe Premises. 12 2 Tenanrs Personal Propertv andlmorovements Landlord shan not be obligated to repair or replace anything other than those items described in this Paragraph 12 in the event of damagc or dcÂ®uction to the Premises. In the event Landlord restores the Premises pursuant to this Paragraph 12, Tenant shall repair or restore all Tenant Improvements, atterations, equipment or fixtures damaged or destroyed in the Premises. FEB-21-1997 09:53 HAMMOND, CLARK & WHITE 9706699380 P.04 . 13. DEFAULTS AND REMEDIES 13 1 Events of Default. The occurrence of any ofthe following shall constitute a material default and breach ofthis Lease by Tenant. 13.1.1 Any failure by Tenant to pay Rent or fund those improvements described in Exhibit 'IP' of this Lcax, and a, dclineated in Paragraph 6.2, or any other amounts payable by Tenant to Landlord hereunder, as and when due, where such failure continues for thirty i (30) days after Written notice ofsaid default. 13.1.2 Any failure of Tenant to observe and peribrm any other provision of this Lease where such failure continues for thirty (30) days after written notice thereof by 1.andlord to Tenant, provided, however, that if the nature of Tenants obligation is such that more titan thirty 00) days are required for its pe:formance. then Tenant shall not be deemed to be in defhult. if it shall commence such performance within tuch thirty (30) day period and thereafter diligently prosecute the same to completion. 13.2 Landlord's Remedie; In the event of any default by Tenant, as defined herein, then, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option, but shall not be obligated to do so, to terminate this Lease and all righrs of Tenant hereunder by giving Tenant written notice of such election to terminate. 13.3 Additional Default. Landlord shall not be deemed to bein default under this Lease unless and until it has filed to perform such obligdoo within ten (10) days after written notice by Tenant to I,andtord spedfring the manner in which Landiord has Med to perform such obligation, provided, however, that ifthe nature ofLandlord's obligation is wch that more than ten (10) days are required for its performance, then Landlord shall not be deemed to bc in default, if it shall commence such performance within such tcn (10) day pÂ¢:iod and thereafter diligently prosecute the same to Completion. 14. SUBORDINATION AND ArrORNMENT Tms Lease (Ribject To the restriction below) is subject and subordinate to all declarations of restrictions, deeds ofuust or other security interests of any kind now covering the Premises and the Real Properly; sut#ect, however, to the qualification thal so jong as Ten am is not in default under this Lease, its peaceful use and occupancy of the Premises under this Lease shall not be impaired, restricted or terminated by any such mortgagee, beneficiary, secured party and(or) ground lessor Landlord shall cause the secured lender for the Real Property to execute, acknowledge and record with Tenant on or before the execution of this Lease an Attomment Agreement in the form of Exhibit 7 attached hereto; thereafter, any successors to lenders, as a condition precedent to the subordination of this Lease to their intcrests, shall execute, acknowledge and deliver to Tenant substantially the same Agreemems. In the event offeredosure or exercise of any power of sale under any deed of truSt superior to this Lease, Tenant shall upon demand and conditioned upon tile . ' 20'd 10101 r69-,1-01 ./â€¢6/ , .............. I. ......... . .....0 -- I.-- --- - execution, as the case may be, of the Exhibit "F" Agreement. auorn to the purchaser at any fo,eclosure sate or sale pursuant to the exercise ofany power ofgale or such ground lesser in which event this Lease shall not terlninate and Tenant shall be and become the tenant of the purchaser/ground lesser 15 CONDITION OF PREMISES Tenant shall surrender the Premises by tho end of the last day ofihe Term (including any Term Extension). subject to earlier termination under the provisions of this Lease, with all of the improvements, parts and surfaces thereof clean and free of debris and in good operating order, condition and state of repair, ordinary wear and tear excepted. "Ordinary wear and tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant peribiming all ofits obligations under this Lease The obligation ofTenant shall include the repair ofany damage occasioned by the installation, maintenance or removal of Tenant's fixtures, furnishings. equipment, alterations and/or utility inst,!lations, as well as the removal of ally storage tank installed by or for Tenant and the removal, replacement or remediation of any soil, material or ground water contaminated by Tenant, all as may then be required by Applicable Law and/or good service practice 16 MECHANIC'S LIENS Tcnant hereby agrees that it will pay or cause to be paid all costs for work done by it or caused to be done by it on the Premises. and it will keep the Premises free and clear of all mechanic's liaison account ofwork done by Tenant or persons claiming under it. Tenant may contest any claim of lien, but shall ensure that such lien is removed as an encumbrance against the real property within thirty (30) days of receipt ofnotice of recordation ofsame. 17. INDEMNIFICATION FOR HAZARDOUS SUBSTANCES 17.1 lademnincation bv Landtord Landlord 5hall indemnify Tenant, and each of its shareholders, ofRcers, directors, employees, agents, successors-m-interest, assigns and afnliated companies from all loss, expense, demand, and liability (including reasonable attorneys' fees and cost,) arising in connection with the investigation. identification, removal. remediation, disposal and(or) containment of any and all "Hazardous Substances" (as defined below) upon the Premises that may exist as of the date hereof CHazardous Claims"), including. without limitation. (a) the removal/demolition of any editing improvements; (b) any actions taken upon adjoining properties or against predecessor owners, or relating to any soil, sub-soil groundwater. or sub-surface water conditions; and(of) (c) any costs associated with the investigation, defense and(or) prosecution of any governmental or private actions or claims, including any acIion or claim based upon the allegation that Tenant, by reason of its relationship/ownership to/of the Premises, is liable for such marlen. The parties expres* agree that the enfbrcement of this indemnity shall not be barred by any law and wilj survive the termination/expiration of this Lease. For the purposes of this Lease, "Hazarigui Substanes" shall mean hazardous or toxic wastes or aubstanccs or any other formulation intended to ddne, liu or class* substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity or toxicity, as Euch terms are defined or listed in or otherwise classiEed 20'd 082669902.6 31 I HM E >1&010 'GNOWWWH IS:OI 2.66I-IE-83d FEB-21-1997 09:55 HAMMOND, CLARK a WHITE 9706699380 P.06 pursuant to federal. state or local laws, stamtcs or the regulations promulgated thereunder, induding att environmental laws. The term "Hu#Â§911&_Sltang#" shall include, without limitgtion. petroleum, including crude oil or any fracbion thereof; natural gas, natural gas liquids, liquefied natural gas, or synthetic gas viable for fuel, and any petroleum and drilling fluids, produced waters, or 0Iher wastes associated with the exploration, development, production or use of crude Oil, pewoleum products, natural gas or geothermal resources. 17.2 Reportable Useâ€¢ R:quire Consent Tenant shall not engage in any activity in. on or about the Premises which constinltes a WReportable Use" (as hereinafter denned) of Hazardous Substance, without the expres: prior written consent of Landlord and compliance in a timely manner Cat Tenant's soic cost and expense) with all Applicable Law. "Reportable Use shall mean O) the installation or use of any above or below ground storage tank (ii) the generation. possession, storage use, transpottatioiL or disposal of a Hazardous Substance that requires a permit from. or with respect to which a repon, notice, registration or business plan is required to be filed with any governmental awtho,ity Reportable Use shall also include Tenanf s being responsible for the presence in, on or about the Prendses of a Hazardous Substance with respect to which any Applicable Law requires that a nouce be given to persons enteting or occupying the Premises or neighboring propedes. In addition. Landlord may (but without any obligation to do so) condition its consent to the use or presence of any Hazardous Substance activity or storage tank by Tenanr upon Tenants giving Landlord such additional usurances as Landlord, in its reasonable discretion, deems necessary to protect itsell; the public, the Premises and the environment against damage, contamination or injury and/or liability therefrom or therefor, including, but not limited to, the installation (and removal on or before Lease expiration or eartier termination) of reasonably necessary protective modifications to the Premises (such as concrete cocasements) 173 Dutv to Inform I.andlord. If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance, ora condition involving or resulting from same. has come to be located in, on, under or about the Premises, other than as previously consented to by Landlord. Tenant immediately shall give written notice of such fact to Landlord. Tenant also immediately shall give Landlord a copy of any starement, report, notice, registration, application, permit, busincsa plan, license. clairn, action or proceeding given to, or received from, any governmental authority or private party, or persons emering or occupying the Premises. concerning the presence, spill release, discharge of or exposure to, any Hazardous Substance or contamination in, on or about the Premises, including but not limited to all such documents as may be involved in any Reportable Uses involving the Premises 174 Operation ofTenanfs Business. Any provision of ParagraÂ© 18 to the contrary notwithstanding, Tenam may, without Landlord's prior consent but in compliance with all Applicable Law, use any ordinary and customary materials reasonably required to be used by Tenant in the normal course of Tenant's business permitted on the Premises. so long as such use is not a Reportable Use and does not expose the Premises or neighboring properties to any meaningful risk of contamination or damage or expose Landlord to any liability therefor. 175 Tenant's Responsibility. Tenant shall be responsible for any and all loss of rents and/or damages, liabilities, judgments, costs, claims, liens, expenses, penalties, permits and FEB-21-1997 09:56 HAMMOND, CLARK & WHITE 9706699380 P.07 reasonable attorneys' and consullant's fees arising out of or involving any Hazardous Substance or storage tank brought onto the Premises by or for Tenant or under Tenant': control Tenines obligations under this Paragraph 17.5 shall include, but not be limited to, the effects of any contaminationor iniury toperson, property orthe environment created or suAred by Tenant and the cost of removal remediation, restoration and/or abatement thereof, or ofany contamination therein involved. and shall survive the expiration or earlier termination of this Lease. No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its Obligations under this Lease with respect to Hazardous Substances or storage tanks. unless specifically so agreed by Landlord in writing at the time of such agreement. 18. UTILITY INSTALLATIONS; TRADE FIXTURES; ALTERATIONS 18.1 Deinitions, Consent Required. The term Wtility Installations"is used in this Lease to refer to all carpeting, window coverings, air lines, power panels, electrical distribution, security. Sre protection gystems, communication systems, lighting 6xtures, heating ventilation and air conditioning equipment, plumbing and fencing in, on or about the Premises. The term "Trade F=ures" shall mean Tenanfs machinery and equipmcm that can be removed without doing material damage to the Premises. The term "Alieritions" shall mean any modification of the improvements on the Premises from that which arc provided by Landlord under the terms of this Lease, other than Utility Installations or Trade Fixtures, whether by addition or deletion "Tenant Owned Alteratiam al'~/or Utility Installation," are deAned as Alterations an<for Utility Installations made by Tenant that are not yet owned by Landlord Tenant shaft not make any Alterations or Utility Installations in, on, under or about the Premises without Landjords prior written consent. Tenant may, however, make non-structural Utility Installations to the interior of the Premises (excluding the roof).as long as they are not visible from the outide, do not involve puncturin& relocating or removing the roof or any existing walls, and the cumularive cost thereof during the Term as extended does not exceed Ten Thousand Dollars ($ 10.000) 18.2 Conscm. Any Alterations or Utility Installations that Teriant shall desire to make and which require the consem of the Landlord shall be presented to Landlord in written form with proposed detailed plans. All consents given by Landlord shall be deemed conditioned upon. (i) Tenant's acquiring all applicable pennits required by governmental authorities, (ii) the furnishing of copies of such permite, together with a copy of the plans and specifications for the Alteration or Utility Installation to Landlord prior to commencement ofthe work thereon. and Oii) the compliance by Tenant with all conditions of said permits in a prompt and expeditious manner. Any Aherations or Utility Installations by Tenant during the term of this Lease shall be done in a good and workmantike manner, with good and sumcient materials, and in compliance with all Applicable Law. Tenam shall promptly upon completion thereoffurnish l.andlord with as-built plans and specifications therefor. 18.3 M.haniÂ¢s~gcM#tezialincokLiens. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the Premisca, which ~laims am or may be secured by any mechanics' or materialmen's lien against the Premises or any interest therein. Tenant shall give Landlord not less than ten (10) days' notice prior to the commencement of any work in, on or about the Premises, and Landlord shall have the right FEB-21-1997 09:56 HAMMOND, CLARK 2, WHITE 9706699380 P.08 to post notices of non-responsibility in or on the Premises as provided by law. If Tenant shall, in good faith, contest the validity of any such lien, claim or demand, then Tenant shall, at its Bole expense, defend and protect itself, Landlord and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enfbrcement thereof against the Landlord or the Premises. Tenant shall inderrmi6 Landlord against liability for any contested lien, claim or demand b the holding ofthe Premises free from the effect of such lien, claim or demand In addition, Landlord may require Tenant to pay Landlord's reasonable attorneys' fees and costs in participating in such action if Landlord shall decide it is in its best interest to do so. 19 MISCELLANEOUS 19 1 Mstoric Property The parties understand that the Premises comprise a portion ofThe Stanky Hotel and is located within The Stanley Hotel National Historic District. As such, it will be necessary to seek cooperation and if applicable, approval of the United States Department of Interior, Colorado Historic Society and/or any other entity having review authority over the Premises with regard to its historical designation for the improvements set forth in Exhibit "EM of this Lease The parties agree that they will cooperate with the other in obraining those approvals necessary to complete the improvements to the Premises as contemplated in this Lease. Notwithstinding the foregoing, such cooperation shall not require either of the parties to agree to approvals which will impair, modify or otherwiaÂ® impact or nstrict the implementation of'the Development Agreement dated January 15, 1994 between Stanley Hotels, Ltd., fbrmerly Stanley Manor House, Ltd., a Colorado limited partnership, and Tenant. [Notwithstanding the above, the parties agree that this Lease upersedes and replaces any obligation of either party under the provisions of Section 6 01 of the Development Agreement mentioned above.] 19.2 Ouier Eniovment. Tenant, upon performing all of its obligations under this Lease, shall peaccably and quietly enioy the Premises subject to the terms and conditions set forth in this Lease, including without limitation Paragraph f 14 1 above. 19.3 Ferne Majeure. Any prevention, dday or stoppagc ofwork to bc pcIformed by Landlord or Tenant which is due to strikes, labor disputes, inability to obtain labor. materials. equipment or reasonable substitutes therefor. acts of God, governmental restictions or regulations or controls, judicial orders, enemy or hostile government actions, civil commotion, fire or other casualty, orother causes beyond the reasonable control ofthe party obligated to perform hereunder, shall excuse performance of the work by that party for a period equal to the duration of thar prevention. delay or stoppage; provided that the delay shall be excused only so tong as the party prevented from performing makes diligent eftbrts to cure the condition causing the delay And to mitigate the damages caused by the delay 19.4 Authority Each ofthe inaviduals exeasting this Lease on behalf of rhe parties hereto represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of such party. Each party agrees to deliver appropfiate documentation evidencing such ainhority within thirty 00) days after request by the other party FEB-21-1997 09:57 HAMMOND, CLARK & WHITE 9706699380 P.09 19.5 Further Assurances. The parties agree to promptly execute and deliver all documents reasonably mquated to give efrect to the provisions of this Lease. 19.6 Legal Action. If either party iocurs any expense, including reasonable attorneys' fees, in connection with any legal action instituted by either party by reason of any dispute under this Lease or any defhult or alleged default of the other party, the party prevailing in such action shall be crnitled to recover its reasonable expenses from the other party Tenant fUrther agrees to waive ES right to a jury trial in any such action under this Lease 19 7 Ce,1*6Â©*;cs Each party agrees al any time and from time to time, within ten (10) days of receipt of written request from the other party, to execute, acknowledge and deliver to the other party a statement in writing cetifying (a) that this Lease is unmodified and in full force and effect or if there have been modiOcations, that this Lease is in full force and effect as modified and stating t}Â£ modifications, (b) as to the Commencement Date and expiration date of the Term, (c) as to the dates to which the Rent and other charges hereunder have been paid in advance, if any; (d) as to the amount ofthc current annual rent, (e) as to the subleases or assignmeng if any, applicable to the Lease; (f) Whether or not, to the best knowledge of that party, the other party is in defhult in the performance ofany covenant agreement or condition contained in this Lease, and, if so, specifring each such default of which such party may have knowledge, and, (g) any other information reasonably requested. Any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchasers of the Premises. or any mortgagee, ground lessor or other encumbrancer thereof. or by an assignee of any such encumbrancer, or any assignee, sublessee or lender of Tenam 19,8 Hokling=QYâ€¢rÂ· Tenam has no right to retain possession ofthe Premises or any part thereof beyond the expiration or earlier termination of this Lease. 19 9 Ng#ges All notices whch Landlord or Tenant mzy be required or may desire to sesve on the other shall be in writing and shall be served by delivery through a recognized express mail service, or otherwise by mailing the same by registered or certified mail, postage prepaid, addressed as set forth by the panics' signatures at the end hereof or addressed to such other address or addresses as either Landlord or Tenant may from time to time designate to the other in writing in accordance with this paragraph. Any notice so given by mail as provided above shall be deemed efisctively i#ven seventy-two (72) hours after deposit in the mail a, provided above. unless received carlier by the addressee. Any notice served by personal delivery shall be deemed effbctively given when delivered at the partys address. Initially notices To the parties shall be served to the following: If to Tenant Town Administrator Town of Estes Park P.O. Box 1200 Estes Park, Colondo 80517 FEB-21-1997 09:58 HAMMOND, CLARK & WHITE 9706699380 P. 12 . With copy to Gregory A. White, Esq. Hammond, Clark and White Bank One Building, Suite 41 8 200 East Seventh Street Loveland, Colorado 80537 With copy to: Estes Park Urban Renewal Authorily 170 MacGregor Avenue P.O. Box 1200 Estes Park. Colorado 805 17 Attn: Arthur L. Andenon Ifto Landlord: New Stanley Associates, L P do Grand Heritage Hotels, Inc 410 Severn Avenue. Suite 406 Annapolis, Maryland 21403 Ann. John W Cullen, IV 19.10 Governing Laws This Lease shall be governed by and construed in accordance with the laws of the State ofColorado 19.11 Headings and Titles The marginal titles to the Articles of this Lease are inacrted for convenience of reference only and shall have no effect upon the oonstruction or interpretation of any part hereof 19.12 Heirs and Assigns. Subject to the linitations on assignment, sublettins and tiansfers, this Lease shall be binding upon add shall inure to the benefit ofthe parties hereto and their respective heir:, personal representatives. successors and assigns. 19.13 Time of Essence. Time is ofthe essence with respect to the performance of each provision of this Lease. 19.14 Severability. If any condition or provision ofthis Lease shall be held invalid or unenforceable to any extent under any applicable law or by any coun of competent jurisdiction, the remainder of this Lease shall nor be affected thereby, and each condition and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19.15 Entire Agreement. This Lease, along with the Exhibits attached hereto, constitutes the entire and exclusive agreement between Landlord and Tenant relative to the Premises 19.16 Exhibits. Each ofthe fbllowing Exhibits are attached hereto and incorporated herein by this reference Exhibit "A" - Description of Premises. - _54..14 l-kil Exhibill - Desaiption of Real Property. - 3*0Â¥1~ 141 Jul - Lbt | - FEB-21-1997 09:59 HAMMOND, CLARK & WHITE 9706699380 P.13 EM!~CCZ - Depiction ofPremises- ~ u.v.5 - 11 L. C Exhibit "D= . Depiction of Easement- - E a L, .Ar , ,4-c c .- f i - V (9.---&-4 Exhibit "En - Deschption of Required Tenant Improvements Exhibit "F" - Lender Attornment and Recognition Agreement 1 LANDLORD 94.~ -5 44 -h 1 -i-1-, NEW STANLEY ASSOCIATES, LP,a Colorado limited partnership BY: NEW STANLEY HOTEL MANAGEMENT, INC., a Delaware corporation BY:, Name:, Its: - TEN ANT. TOWN OF ESTES PARK, a Colorado municipal corporation BY: ROBERT L DEKKER, Mayor ATTEST: BY: ....I. VICKIE O'CONNOR, Town Clerk TOTAL P. 13 June, 1993 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE MAYOR. The next order of business will be the public hearing on the application of Falkenstein Co., dba Andrea's of Estes for a New X Hotel & Restaurant Tavern Beer & Wine 3.2% Retail Beer Liquor-Licensed Drug Store Club license located at 145 E. Elkhorn Ave. TOWN ATTORNEY. The application was filed January 21, 1997 and, at a meeting of the Board of Trustees on February 11, 1997 the public hearing thereon was set at 7:30 P.M. on February 25 , 19 97 , and the neighborhood boundaries for the purpose of this application and hearing were established to be 2.89 miles. This public hearing will be conducted in the following manner: The applicant will be allowed to state his case and present any evidence he wishes to support his application. The opponents will then be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. The opponents will be allowed a rebuttal which may only rebut 1 the evidence of the applicants. No new evidence may be offered. The Board of Trustees may ask any questions of any person speaking at any time during the course of this hearing. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. TOWN ATTORNEY will present the application and confirm receipt of the following: X Receipt of all necessary fees and hearing costs. The applicant is filing as an: An individual. A Partnership. X A Corporation. X The property is zoned x C-D Commercial Downtown or C-0 Commercial Outlying, which allows this type of business as a permitted use. x The notice of hearing was published on February 14, 1997 X The premises was posted on February 14, 1997 2 x There is a police report with regard to the investigation of the applicant. (There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request.) The Town Attorney asks whether any of the Trustees have any questions regarding the application. Mayor Applicant please present your evidence. Ask the Town Clerk whether any communications have been received in regard to the application. The Town Clerk reads all communication. Ask the Board if there are any further questions. Indicate that all evidence presented will be accepted as part of the record. Ask the Board if they have any further,comments. MAYOR. Declare the public hearing closed. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable 3 11 A requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. 4 DR 8404 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 COLORADO LIQUOR OR 3.2 % FERMENTED MALT BEVERAGE LICENSE APPLICATION 1. Applicant is a Date filed with Local Authority 03'Corporation (Attach DR 8177) ~ Individual (Attach DR 8404-1) 1-21-97 F.E.I.N. U Partnership (Attach DR 8441) O Limited Liability Company (Attach DR 8405) la. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Social Security No. F-/4- Ll<IL k} 5-TIER N 6-3 -1 P. 2. Trade Name of Establishment (DBA) State Sales Tax-No. Business Telephone AÂ»j _33 (26 4'-35 0--E E- ST{Za 10 -29Â¥922 5596 028 6 3. Address of Premises (specify exact location ZI premises) \453- EL 9 Ll<*oev NUE Citv Countv State ZIP Code E-ST-6-5-94(21< â‚¬ l-4 (-2_t h E (21 Co 809-1-1- 4. Mailing Address (Number and Street) City or Town State ZIP Code 5. If the premises currently have a liquor or beer license, you MUST answer the following question: Present Trade Name of That Establishment (DBA) Present State License No. Present Type of License Present Expiration Date TO P of 44_ PA-(2-K 03-339 0 3 -0000 BEE{:19 UN~JE- 6-2 5-9 7 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- Yes No ers or directors if a corporation) or manager under the age of twenty-one years? [0'[2] 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- ers or directors if a corporation) or manager ever; (a) been denied an alcoholic beverage license? 0 5. (b) had an alcoholic beverage license suspended or revoked? 0 E' (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? m 8% If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8. Has a liquor license for the premises to be licensed been refused within the preceding two years? If "yes," explain in detail. m Er 8a. Has a 3.2 beer license for the premises to be licensed been refused within the preceding one year? If "yes," explain in detail. 0 [2*. 9. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, university or El [E~' seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or oMicers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any Et] current financial interest in said business including any loans to or from a licensee. EFA-L-KE NST-E-i 10 62, 0 11. Does the Applicant, as listed on line 1 a of this application, have legal possession of the premises for at least 1 year from the flkte that this license will be issued by virtue of ownership or under a lease? (If yes, attach a signed copy of deed or lease.) 00 U Ownership m Lease [3 Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: .30~Â£- 426â‚¬) /40,9- Landlord 20-2Â© TEE! Attach a diagram of the area to be licensed (including dimensions) which shows the bars, walls, partitions, entrances, 4 room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". (Doesn't have to be to sc 4.k wl-Â·o flk.;pa,td.. 12. Who has (including persons, firms, partnerships, corporations, limited liability companies) or will loan or give monâ‚¬ equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if r L--'CM' UU NAME ADDRESS b'44._02-9 3;04-+3 4 Lo4Kj â‚¬S. 000,-- Kenne\Â£ CAE*-4 Â«\An P.0 --EÂ« l320 gia-125(34* -40.O 00,- Attach copies of all#lotes a~bsecurity instruments, and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, Oiving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises All Optional Premises applicants must attach a copy of the local ordinance or resolution authorizing the issuance of Optional Premises licenses. Number of separate Optional Premises areas reglAsted DR 8404 (2/94) Page 2 14. Liquor Licensed Drug Store applicants, answer the following: Yes No ~ (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of P)k Pharmacy? COPY MUST BE ATTACHED. Un 15. Club Liquor License applicants answer the following and attach DR 8177: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecunialy gain? 00 (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? 00 (c) How long has the club been incorporated? (d) How long has applicant occupied the premises NIM (Three years required) to be licensed as a club? 16. Colorado Manufacturer, Wholesaler or Limited Winery applicants, answer the following: (a) Will the applicant store or sell alcoholic beverages at more than one location in Colorado? If "yes," provide the address of each location and explain the activity to be conducted at each location (e.g., warehouse, salesroom, etc.) (Attach DR 8438 for each location) D 03 (b) If applicant is a wholesaler, does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. D Il (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain whether., 1 one has been applied for. /VA C] c] 17. Nonresident Manufacturer (3.2% beer or malt liquor) or Importer (3.2% beer, malt, vinous or spirituous liquor) applicants, answer the following: WIN (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) Does or did any owner, partner, shareholder, director, officer, member or. manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. El El (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain in detail. m El (d) Are you the primary source of supply in the U.S.? If "no," explain. 0 0 (e) Are all your products registered in Colorado? If "no," attach DR 8440 and register Â·:aid products. U El 18. Name of Manager (lf this is an application for a Hotel and Restaurant License, the manager must also submit a Manager Registration Form Date of Birth (DR 8367) and Individual History Record (DR 8404Â·I). 6-1.9-64 MARK Li iE-(%- NAN M OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and comple*kthe best of my knowledge. / L Date Title e le,~ , -16 -9 1- REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturers, nonresident manufacturers, importers, wholesalers, limited wineries, and public transportation licensees disregard the section b61ow.) Is this application for a: U New License U Transfer of Ownership El Other (specify) Each person required to file DR 8404-I: Yes No Has been fingerprinted 00 Background, NCIC and CCIC checked 00 The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. 00 If "no," the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for E] TOWN, CITY El COUNTY Signature Title Date Signature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. DR 84044 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Date Social Security Number(s) 04-WFURIE A-15 4 1221-5 56 i- t6 -91- 621-1 -Â¥2-026+ 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) UE-9-HÂ»'N ANDâ‚¬GA, I W )K 4. Mailing Address (if different f,bm residence) Home Telephone P. 0 Â· 73 d<:4 2225 1--V ofe S G <90540 303 4-92 6605- 5. Residence Address (street and number, city, s<ate, ZIPf B 11 3211 h.1 40\411 <ftbIll>-- 1 l_o )A) ~ r,--1 Ot<~7~~~ CL 4( j~32273 3- 2 \- 4 -5 (BE- G. P-1-6- No~/ D Yes E[No If Naturalized, state where When Name of U.S. District Court Naturalization Certificate Number Date of Certificate 11 an Alien, Give Alien's Registration Card Number Permanent Residence Card Number A o \4 692Â°196 8. Height Wei ht Hair Color Eye Color Sex Race 9. Do You Have a current Driverts License? If yes, give number, & state ~ 10 \*O 9,1044 \Mu-e =E- CO [EAs El No '19.- 3 12 - 032 3 Name of Present Employer 11. Type of Business or Employment . 3/140-\KIEN ST--6 6 k] CEY,nip. 3:REET-Au_12A.N \- 12. Address of Business Where Employed (street number, city, Mate, ZIP) Business Telephone O-*6 E. P-1AA A \ <5-rfEÂ©-ET- Ly o M 5 06 30 3 2-22> 500 0 13. Present Position C 0912-53 i -DE_Nj-7~ Duo N E EZ- 14. Marital Status 15. Name df Spouse (include maiden name if applicable) 95 0 Â» t.,~~2- 16. Spouse's Date 0~hirth Spouse's Place of Birth 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer Occupation 19. Address of Spouse's Present Employer 20. List the name(s) of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER -1. Do you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail ,~Yes CJ No -2) Re~u-e_ Â·(10,1 ci \4422 1 1-Â«\A 4- 0 1 9-*-642 _ 40-r 4/-1 2Sk/<r a s z uw-(-2- \ 9-3-2 au j.hro) G,0 CON'~INUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail forany offense in criminal or military court? (Do not include traffic violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the in fluence of drugs or alcoholic beverages.) I f yes, explain in detail. 23 Yes [Wklo 23. Have you ever received a~tion notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U,S.? If yes, explain in detail. El Yes [*RIo 24. Military Service (branch) From To Serial Number Type of Discharge N/A 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO \04 91 N ' 40 4 Skee.1 Lo N G hto Arr--4 5593 ( 964> r 1 6 e C - 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO -F*\AAE- % s '-E-4 N Â¢6'rvr, Siv~z_ 199-Â·9.- 27. What is your relationship to the applicant? (32!2..EmE, partner, corporate officer, director, stockholder, member or manager) 28. if stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned NIA- 29. If partner, state whether E General E Limited Percent of Partnership Owned If Limited.Liability Company (percent owned) WCA N/A P/A 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital, (Reg. 46-106.1 and Reg. 47-107.1) Amount $ ~ (~. O ~(7Â· 31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Amounts Sources - Account Numbers Names on accounts or person who can sign on this account $ 55.0 00,- \)CK-\ \ e~ -44 u< Â°'2 l-yordS $ 60, goo, - \noW-CANriecl 'Â°3 Heon.Q-A G r-c~h -Â·, eon e{ Â£140Â·a $ Euk- G 20 El + $ e. 0 . 15 C:N (320 Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. , Title Date / - p re.~b 1/'Waip .... â‚¬* DR 840+1 (02/94) COLORADO DEPARTMENT OF REVENUE LICUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: Thisindividual history recordprovides basic information which is necessary forthe licensingauthoritiesinvestigation. ALLquestions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Date Social Security Number(s) An,RreÂ«'5 0 4 86123 1/) 4/17 6-13-/9-0/03- 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) Lie, O,11Â«hÂ« fylÂ«,r~i. - 4. Majling Address (if different from residence) Home Telephone P. 04 86>< 13 19 Ly ma 00 0 06-7 8 03 4) 153616-ry 4 5. Residence Address (street and number, city, state, ZIP) 5-0 / w AG #crl- (_ lk,ubc) Ly Aw 60 8-0 G-*6 6. Date of Birth Place o~Birth & 7. U.S. Citizen? 4 , op / /7/ CY Or 1â€¢6'â€¢-fre- , U. Ge r R aÂ»/ r-Xes El No U , When Name of U.S.tistrict Cdurt If Natur,lized, stale where A e,n ue, C.Â£3 i 4sv Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 8. Height ' Weight Hair Color Eye Color Sex Race 9. Do You Have a current Drivers License? If yes, give number, & state 4 - 9 4573 6rn /3nt /Pl U WAYes O 140 71 90 Â£432 63/66 9/97' Name of-Preseq; Emplor ' 11. Type of Busir~ss or Employment 4444, 5 1 Legrea. 12. Address of Business Where Employed (street numbpr, citY, state, ZIP) Business Tetephone 41. l& F. mu 6t Lv no 06 Fos-7 6 4Â«3) EXS-20 60 13. Present Pos tion / AA ' 1 ./lay 14. Marital Status 1 V 'Ai . 8 VlÂ£,1 CUR 15, Name;~Â© (~'~ud;(~~>~;~~ ip~ca~le) (,/5 Â¢1 if<- } .%-Â£06;<./tÂ£Â£7 ZEZ~2~)<L 16. Spouse's Date of Ainh Spouse's Place of E~06 1 <'80 0- IL C.Â». /LA- 6:2 - 17. Shouse'sAsidence address, if different than yours (street alÂ·16 numfr, city, state, ZIP) 6uuu_-co dsuu 0 18. Spouse's Present Employer Occupatipp ,Â£4-. 104.~ rd-tod. P tudf AkÂ£-1-rdS 19. Address of Spouse's Presen~Employer ~ AÂ»*S 6 0 7-0 20. List the name(s) of afl relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER AM 6 Lcr.a. Mjtw 0644 42,4 Al 4 F /M.1 9-/ . 1. Do you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail D Yes ~1~ No CONTINUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 , 22. Have you everbeen convictedof a crime, or received asuspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffic ' violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, explain in detail. D Yes ~No 23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquoror beer license anywhere in the U .S.? I 1 yes, explain in detail. El Yes ;*10 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO SU V. Uk Sy- 6 * 5 0) 4 OF YA 311 4 6614- 6-2 Quk -77> 1 1 L 8/77 3)96 Ltoba N. Sm-fift rA Avi Ayill- j 040%43 , FL Sfll *)79 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO A 4 1,Â« 1 66,%* 6494 216 E. PlÂ«Â£1- Ly.scarÂ°* Gc,1 A 3)99 AsÂ« 4011661, f>74,1 pl40 Fluo*M Izi 3*ked /#; r .2 :hw 43,-14,~Kh:,<Â·5 &/69 (3â‚¬/ 77 $4/wt Avt arpo FL 6â€ž /19, 7/b 391 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) 28. If stockholder, number of shar'!s owned beneficially or of record Percent of outstanding stock owned 29. If partner, state whether U General D Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 30. Total amount you will ~rwest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $ 31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Amounts Sources - Account Numbers Names on accounts or person who can sign on this account $ $ $ $ Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized ~ianatu,Â¢ Title Date ANF 0 - Gu\~ 0%0 LILLE 11 ,l. ROY ROMER Governor /0.6?COLO (At.~~~~t DEPARTMENT OF LABOR AND EMPLOYMENT JOHN J. DONLON '\*l:%~f~ R)*/ DIVISION OF WORKERS' COMPENSATION Executive Director 9~4944 EMPLOYER SERVICES 1515 ARAPAHOE STREET DENVER, CO 80202-2117 JACQUELIN A. CALVERT (303) 575-8873 RECEIVED Deputy Director FAX (303) 575-8883 Workers' Compensation JAN 1 3 1997 ADMIN. DEPT. January 10, 1997 Mr. Richard Widmer Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Mr. Widmer: The staff at the Division of Workers' Compensation Premium Cost Containment Program congratulates you on being certified in the Premium Cost Containment Program. Your Premium Cost Containment Certificate is enclosed. The certificate is effective for a one year period beginning January 8, 1997. The premium reduction will be applied on your next policy renewal. The benefits from this certificate will be an additional 5% premium reduction through your insurance carrier. This 5% reduction is not guaranteed however, if your injuries and related costs rise considerably between the certification date and your next policy renewal date. Be sure to advise your insurance carrier that you have received this certificate. Again, congratulations on making risk management an important aspect of your business. Sincerely, Bby Lucero Most Containment Advisor RL/jo , â€¢ a 3?.ij5F',1,%*,;. 4\{15i,Â¢,i?/2.,i. 43Â§9''iti;,tfu#Yo"~#*'**.*.**#::**FV /33%,,..oY<~~~,~:,~,~14 22 .4925-.6~91 -14~}Yj..26571.-,rwkiiaareighkE-~5,~~~.--f.)., tf'*t 1 3 61)Jk;;_23LU-tistitikLtlil-,lt<#)#LI,Ulktk.~~'.7., 213>_UjN:Q-11),ritirdit<.15{k-0*2381*3>02.../~'.ztktkQ~iktliZAMMMUMMENAU* U_03,0 0 1 .3 ct M':.1.-, --** STATE OF COLORADO 0.. 60> - - 1 - -- 4 7 1 J . 4 4 73.i'.11 L -- - 4, .1 ./ '1Â· L y.r K . . 0.2Â® 3 TH <1-~ :,i 0003. 252-2'7-1-*1~ 1'. . . Â·1 1 1%404 ry-7 -4911 d 2Â» ..r n J. LL"> 23 f.2. 59 0 99 63.97-9 \ * * 4Â»9 1% 94=1 Iii 1, .... '' I. 74876-3/ 2 4...... ; . ji .- -1Â·. I I ..:I:.2- 27 -=- 2- ' 2; . .6 A., CL-3:" PS 1, DEPARTMENT OF LABOR AND EMPLOYMENT E.f ffÂ· Â·6 -% A E Â¢ . DIVIS]ON OF WORKERS' COMPENSATION K -935</ 1 *, 034 3 R + 4. 2 -- Â· "-1 0. -A'.1 ... i. PREMIUM COST CONTAINMENT . 3 *fy-9:2 4 F Be f 0 CERTIFICATE Iii : *,> 4,1 ta? Â£9 '44%'* 1 1% R 31.''t 4 1 82 . TOWN OF ESTES PARK -â‚¬10 h ~ 2 In consideration that C . has met all of the Workers'Compensation Cost Containment Program requirements, * = Â© 92 6 - r - 7 22- i,0 the employer is hereby granted certified status beginning January 8,1997 X . X. S ><Â· -- ,Â·p .*xe.,..1, 3 fora period of one year. E -- 9 349 t.s 4 229: t" :3 ~ i.7%41 ..rs,f, 3:i! Thi'.; B ertificate is eranted subiect to the provisions of the Workers' Compensation .h 1. - -03 -0 â€ž - V-- 9, 3/ ti - 4 1, t. 4 9 2 F ' ....2.-1. to the rules and reeulations of the Cost Containment Board, as they now exist or 9. -0/4- 52%16-51.4 4 L 0 4 Act, as it now exists or as it may from time to time be amended, and also subject L may froni time to time be made, altered, or amended. # , 4.WÂ·. I. - ..1 Z 4 6.-1 .: -9,7 ER E u RED Iii P X 1 1%22:'+ 2 2 .4i#.9 :2 ./7-1-4 6.6 . d. CA..t,7 Â·' 4,4 " . Â¥) 1 ..,11 0 1 1 6 '.j~Li&$172~<4*~~1j.'~.'Â£454-, 14.,,~2 Bt-6 132/ E- r 4-93,5 40, By 77* -0.-2Â·-9 : ex Deputy Director, Livision of Workers' Compensation Workers' Compensation Cost Containment Board v F.ttl. 9 i .7,;dify., , D- Mt./4.i P e 1 +- -. Al V 41,9,4. % # &-it. Â·- 'Arit 45#050Â·61Â»0 555C0 Clil>0 inyme##VIFF##1~C*01>*~HH>1:1>:Ny#0*0000Â·#0.(HH)-0Â·Cly#Â·030#500##V-#DVO#TE i~4.3i~~b =,I'ri';grlâ‚¬6129*4,:,#11.:;20**711,9089?6f)'19'fe~%2299,1*~i 49 Â·E 3,4-: ~<I,3',Â·itsÂ»~- ~-4*ir6''",I,;iiry Â·:<441<,Â·:tre 4.4~ ;ps~.',Â·2~v~-' ,# 41, 14.. ". # *.l./I'.. ".1/1,1. 2 4 .1, " 1 - *@27.T - 1, t . 1,1 4 1 4-493,4 .#,U__-*.-bl'i ,%;t,1:,