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Home My WebLink AboutPACKET Town Board 2003-04-22Prepared 04/17/03 CO The Mission of the Town of Estes Park ie to plan and provide reliable, hi0h-value eervices for our citizens, visitors, and employeee. We take 0reat pride eneurin0 and enhancir10 the quality of life in our community by being 0ood etewarde of public reeources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 22,2003 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 8,2003. 2. Bills. 3. Committee Minutes: A. Utilities, April 10, 2003: 1. Equipment Purchase (Backhoe, $49,945.00 and Jackhammer attachment, $14,948.00) 2. Utilities Policy Manual Revision - Voluntary Conservation Program. 3. Renewable 10-year Lease for 1 ac. ft. of Windy Gap Water for Bureau of Reclamation Property (Marys Lake Campground), and 1-yr. Lease for 1 ac. ft. of Windy Gap Water for Glacier View Subdivision. B. Public Works, April 17,2003: 1. 2003 Street Improvement Program (Portion) - $150,000 for Chip Seal, Slurry Seal, and Striping. 2. Highway 34 Gateway Sign, Construction/Installation, West of Dry Gulch Rd. on North Lake Ave. - $62,000.0â‚¬ *04. 1 Continued on reverse side 4 lA. PLANNING COMMISSION AGENDA (Approval of): â€¢ FINAL PLAT OF LOTS 1 AND 2, STANLEY HISTORIC DISTRICT, OVERLOOK DEVELOPERS, INC./APPLICANT. A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny. 2. ACTION ITEMS: â€¢ NEW TAVERN LIQUOR LICENSE APPLICATION FILED BY REGALADO, LLC., dba THE 1800 SPORTS BAR, 820 Moraine Ave. (former KFC Restaurant). A. Mayor - Open Public Hearing B. Town Clerk - Present Application C. Applicant - Introduction & comment D. Opposition/Rebuttal/Correspondence - If any E. Mayor - Questions/Close Public Hearing F. "Finding" comments & Motion to Approve/Deny. â€¢ NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FILED BY THE INN AT ESTES PARK, 1701 N. LAKE AVE. A. Mayor - Open Public Hearing B. Town Clerk - Present Application c. Applicant-- Introduction & comment D. Opposition/Rebuttal/Correspondence - If any E. Mayor - Questions/Close Public Hearing F. "Finding" comments & Motion to Approve/Deny. â€¢ TRANSFER OF OWNERSHIP: FROM: LAB PROPERTIES, INC., dba OLD GASLIGHT PUB, TO: CAVENDER A. ANDREWS, dba CAVANAUGH PUB, 246 MORAINE AVE., HOTEL & RESTAURANT LIQUOR LICENSE. A. Town Clerk - Present Application B. Applicant - Introduction & comment C. Opposition/Rebuttal/Correspondence - If any D. Mayor - Questions E. Motion to Approve/Deny. 2. TOWN ADMINISTRATOR'S REPORT. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 .. Town of Estes Park, Larimer County, Colorado, April 8,2003 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 8th day of April, 2003. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker David Habecker Lori Jeffrey-Clark G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Stephen W. Gillette, Trustee Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 25,2003. 2. Bills. 3. Committee Minutes: A. Community Development, April 3,2003: Museum Dept.: 1. Revision to Museum Policy Manual - Collections Management Policy for the Museum and Historic Fall River Hydroplant. Special Events Dept.: 1. Estes Valley Productions, Inc. Music Festival Agreement, August 23- 24,2003. 2. Top Hands Agreement for Show Secretary's Office/Storage Building. 4. Estes Park Housing Authority, February 12, 2003 (acknowledgment only). 5. Estes Valley Board of Adjustment, March 4, and April 1, 2003 (acknowledgement only). 6. IGA with the Estes Park Recreation and Park District - Financial Services. , Board of Trustees - April 8,2003 - Page 2 Trustee Barker requested both Agreements under the Special Events Dept. be removed from the Consent Agenda for discussion/clarification. Granting the request, it was moved and seconded (Doylen/Newsom) the Consent Agenda be approved, and it passed unanimously. 1. Estes Valley Productions, Inc. Music Festival Aareement, August 23- 24, 2003. Attorney White has reviewed the Agreement, and clarifications were made to Paragraph 7; Paragraph 15 was added and this item confirms the 10:00 p.m. curfew both days, and that control of the volume is with the Special Events Manager. It was moved and seconded (Barker/Newsom) the Agreement be approved, and it passed unanimously. 2. Top Hands Agreement for Show Secretary's Office/Storaae Building. Trustee Barker reported that this item was also discussed at the Community Development Committee. Top Hands has offered to build a show secretary/storage building. Attorney White Has reviewed the agreement, and questions remain pertaining to design improvements. Due to time constraints, Trustee Habecker has been unable to assist in design improvements for the 14'x30' building. Rooftop Rodeo President Kitchen and Top Hands President Adams reported that a 6' concrete pad and decorative gable could be added to the porch for approximately $2,195, plus electrical if needed for these improvements. However, Top Hands has committed $20,000 for this building and cannot afford the additional expense at this time. Trustee Habecker noted his annoyance that due to time constraints in placing the order for the building, insufficient time was allowed for discussion on this project. Discussion followed on availability of discretionary Town funds; the completed building should be available for Town uses the vast majority of year; and other design improvements. It was moved and seconded (Habecker/Barker) the Top Hands Agreement for the Show Secretary's Office/Storage Building be approved, including the following: (1) the Town funding up to $3,000 for architectural improvements; (2) Town Attorney White re-drafting the Agreement to include the additional design improvements, warranties, construction, etc.; (3) Top Hands applying for the Building Permit, with the permit fee to be waived; and (4) Trustee Habecker and Town Administrator Widmer to review a sketch of the structure design, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1, AMENDED PLATS: A. Tackman/Bishop Amended Plat of Lots 26-28, Fort Morgan Colony Addition, Lloyd and Jolene Tackman and Karen Bishop. Consolidation of five portions of said lots into three lots to be known a Lots 26A, 27A and 28A. The plat consolidates the various parcels into lots appropriate for the existing land use and development. Staff suggests a condition be added correcting the name of the property owners in the dedication statement. , . I Board of Trustees - April 8,2003 - Page 3 2. FINAL CONDOMINIUM MAPS: A. Park River West Supplemental Condominium Map Vlll, Richard H. Wille/Applicant. Phase Vlll consists of Units 634 and 636, and staff suggests approval contingent upon the condominium map and/or the development plan be revised so the finished floor elevations are the same; same to be revised/approved by staff. 3. MISCELLANEOUS: A. Private Street Name Change: From Delmar Drive to Fall River Court, Dale Jobe/Applicant. The Community Development Committee considered and approved the private street name change April 3,2003.. Trustee Habecker cited a potential "conflict of interest" and stated he would not participate in discussion nor vote on Item 2A. There being no testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Newsom/Doylen) Consent Items 1 and 3 be approved, and it passed unanimously. It was moved and seconded (Doylen/Barker) Item 2 be approved, and it passed with Trustee Habecker Abstaining. 2. ACTION ITEMS: 1. MISCELLANEOUS: A. Landscape Guarantee Waiver - Development Plan #02-17, Vista Ridge, Lot 1, Wildfire Addition, Estes Investors, LLC/Applicant. Investors are seeking a waiver of the required financial guarantee for this development land landscaping. Investors have provided an estimate of $153,703.30 for landscaping. Pursuant to the Applicant's request, this item was removed from the Agenda. 2. ACTION ITEMS: 1. ESTES PARK HOUSING AUTHORITY - UPDATE. Rita Kurela, Estes Park Manager gave a PowerPoint presentation on the Authority: * Mission Statement. * Projects: 4 Talons Pointe. Apartment Homes; 44 two and three-bedroom units; rents will vary according to income; begin moving families June 1 and July 1, with 2-BR units ranging from $529- $727/mo., and 3-BR units ranging from $613-$950; financing; and Town funding donations. 4 Vista Ridge. 61 Condominiums-31 units will be affordable offering residents an opportunity to purchase a home, deed restricted; formal public "roll out" April 25â„¢; and Town funding donations. 4 Cleave Street (existing building). Ten rental units. 4 Section 8 Voucher Program. Offers assistance to 44 families. * Audit dated December 31, 2002. $ Commissioner Resignation. With sadness, the Board has accepted the resignation of Lee Kundtz. Applications have been posted and the submittal deadline is April 18,2003. . Board of Trustees - April 8,2003 - Page 4 * New office space. When the State closed the Driver's License Office, this space was made available to the Estes Park Housing Authority. Manager Kurelja expressed the Authority's appreciation to the Trustees and Town Attorney White for their commitment to affordable housing. 2. TOWN ADMINISTRATOR'S REPORT. A. HGTV "RESTORE AMERICA" Series - Fall River Hydroplant. The Board viewed a segment of this series pertaining to the Historic Fall River Hydroplant Restoration, with narrative provided by Mike Mangelsen/Assistant to the Elec. Engineer, and former Mayor Bob Dekker. The program was nationally aired on the HGTV network March 26th. Former Mayor Dekker, Mangelsen, Matzke, Kilsdonk (and Museum staff members) were publicly acknowledged for their effort on this project. B. Bia Elk Fire Report - Financial. Finance Officer Brandjord reported on recoverable costs (overtime and benefits) submitted to FEMA and confirmed that the Town has received for $8,763.00. Finance Officer Brandjord and Commander Filsinger were commended their accurate record-keeping efforts. Completing all agenda items, Mayor Baudek adjourned the meeting at 7:47 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk .' 4 . RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 10, 2003. Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 10th day of April, 2003. Committee: Chairman Jeffrey-Clark, Trustees Gillette and Newsom Attending: Chairman Jeffrey-Clark and Trustee Gillette Also Attending: Town Administrator Widmer, Public Works Director Linnane, Utilities Supt. Goehring, and Deputy Town Clerk van Deutekom Absent Trustee Newsom Chairman Jeffrey-Clark called the meeting to order at 8:00 a.m. LIGHT AND POWER DEPT. 1. Equipment Purchase - Request Approval. The Light and Power Dept. budgeted for the replacement of their 1989 John Deere Backhoe. This vehicle is 14 years old, has 4,350 usage hours, and is within the Town's vehicle replacement parameters. The Dept. also budgeted for a hydraulic jackhammer attachment for the new vehicle. The following bid was received: ' Colorado Machinerv: Backhoe $62,445.00 J/D 310SG 4x4 $12,500.00 Trade-In , $49,945.00 Bid Price/John Deem will provide a two-year rollover agreement on the backhoe equal to an annual cost of $8,450. Rollover is market- driven. There is no demand at this time for used backhoes, therefore higher cost unlike loader and bobcat agreements. Jackhammer $14,948.00 Ellen Equipment: Backhoe $80,179.00 Case 580 Super M 4x4 $12,000.00 Trade-In $68,179.00 Bid Price/Case does not offer a rollover program. Jackhammer $23,850.00 Discussion followed regarding interdepartmental vehicle sharing. The Water Dept. backhoe is not compatible with many Light and Power job situations such as terrain slope and tree density; it cannot carry the pipe weight required by the Water Dept.; and now that the in-house explosive operations have been discontinued, the jackhammer attachment to the backhoe is very important. The Water Dept. backhoe includes aÂ· heavy duty hydraulic system incompatible with a jackhammer attachment. The 2003 Budget includes $80,000 to replace the Backhoe and $25,000 for the Jackhammer attachment. . The Committee recommends approval of the bid from Colorado Machinery to purchase the J/D 310SG 4x4 Backhoe for a cost of RECORD OF PROCEEDINGS . Utilities Committee - April 10, 2003 - Page 2 $49,945.00 and Jackhammer attachment for a cost of $14,948.00, leaving the rollover agreement open. The rollover agreement will be reviewed in two years to determine its cost effectiveness. WATER DEPT. 1. Voluntary Conservation Program - Request Approval. Director Linnane presented the Voluntary Water Conservation Plan prepared by Black and Veatch that will be incorporated into the Utilities Policy Manual. Areas discussed include water conservation stages and measures. The Committee recommends approval of the Water Conservation Plan and its incorporation into the Utilities Policy Manual following the Bulk Rate Water Users Section. A summary of the Plan will be prepared and mailed as bill stuffers, news releases, and also made available in brochure form for the public. 2. Lonq-Term Water Lease for Marvs Lake Campqround and Glacier View Subdivision - Request Approval. Director Linnane reported that Marys Lake Campground (Bureau of Reclamation) and Glacier View Subdivision (GVS) are required by the state to provide augmentation water for their water systems. As the sole owner of Windy Gap water within Estes Park, the Town has a policy to assist local water-user groups whenever possible with water augmentation. Per Town Attorney White, both lease requests meet the criteria established by the Town with regard to providing Windy Gap water for small augmentation plans and the leasing of the 2 acre-feet of Windy Gap water will have no discemable impact on the Town's water supply for 2003 and beyond. The following itemswill be included in the agreements: 1. Property owners will purchase a water tap whenever a water main is adjacent to their properties. 2. The Town will not guarantee a water supply at all times and potable water- users have the first priority. A water main extension to the campground is complex, long, and expensive. As a result, the Committee recommends approval of a renewable 10-year lease for one acre-foot of Windy Gap water per year for Marys Lake Campground (Bureau of Reclamation) at a lease cost of $350/yr. per acre-foot. Due to the proximity of GVS with the Town's water system, the Committee did not recommend a long term lease. The Committee recommends a 1-year lease for one acre-foot of Windy Gap water for the Glacier View Subdivision at a lease cost of $350 per acre-foot. Since GVS is relatively near the Mary's Lake Rd. water main, the Committee directed staff to inform GVS that future leases may not be available and that they should plan for water system capital improvements so that their water system would be in accordance with Town standards. This would require a water main extension to connect to Town water. REPORTS. Financial Report. The Light and Power and Water 2002 vs. 2003 .Cash Flow Comparisons and March graphs were reviewed. ' 4. RECORD OF PROCEEDINGS Utilities Committee - April 10,2003 - Page 3 Cable Channel 39 Request for Proposal (RFP). Director Linnane reported that 2 bids were received for the operation of cable Channel 39. Charter Communications (Charter) sent a letter to the Town that refers to potential legal problems associated with the proposed third party operation of Channel 39. Charter has requested that the bid review process be delayed to allow further review by their legal department. Staff was directed to allow Charter 30 days to review the potential legal issues. The Committee stressed the importance of this community access channel. Staff will contact Curt Gunther/7522 Inc. and Nick Mo116/Nick Molld Productions to explain the reasons for the extension. Water Rights/Supply Table. Director Linnane presented the 2003 Snowpack and Streamflow Comparisons and Water Use Tables. Areas discussed include projections, actual consumption, water rights, and leasing. Staff was directed to contact Attorney White regarding actively seeking parties interested in leasing a portion of the Town's water. Project Reports. Updates. Supt. Goehring briefed the Committee on the status of the 2002 Loop Project, Marys Lake Raw Water Pumping Station, and Glacier Creek projects. Accident Report. Supt. Goehring summarized the accident involving Scott Johnson, Lineman I. Accident reviews have been conducted and safety recommendations will be presented to all employees in hopes of eliminating future accidents. Pond Construction. A trout pond is currently under construction at a residence on Devils Gulch Rd. Water for the pond will be obtained via the homeowner's water tap and billed at the residential rate. This type of water use is allowed by the Northern Colorado Water Conservancy District and the Town. Highway Traffic Lights. Painting of the Hwy. 34/36 traffic lights will begin next week and be completed the end of April. There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 9:11 a.m. 9Ah*66/*3 Rebecca van Deutekom, CMC, Deputy Town Clerk ' i / 90, C ES VN' WATER DEPARTMENT POLICY MANUAL Amended APRIL 22, 2003 . WATER CONSERVATION PLAN Introduction The Town of Estes Park (Town) has developed water conservation policies that include voluntary and mandatory measures to ensure the integrity of the Town's water supply. This report describes measures for these policies. ' The Town obtains its water supply from the Colorado-Big Thompson (CBT) project and Glacier Creek. These sources are directly connected to the Town's treatment plants and do not include raw water storage. The Town could be without raw water if simultaneously the CBT project was out of service and Glacier Creek was not flowing. The current severe drought has potentially increased the possibility of this occurring. Water Conservation Stages Town staff has defined three water conservation stages that are triggered by the availability of water resources. These stages are as follows: Stage I This is the normal mode of operation. Voluntary water conservation measures are suggested to encourage prudent water use. Stage 11 This stage is triggered by the loss of one of the water supply sources and a likely reduction in the other supply source. Mandatory water restrictions are in effect to reduce water demands. Water rates are increased to recover same amount of revenue as existing rates recover under Stage I conditions. Stage 111 This stage is triggered by the loss of both water supply sources. Severe water restrictions are in effect and water rates are drastically increased to recover same amount of revenue as existing rates recover under Stage I conditions and to penalize unnecessary water usage. Water Conservation Measures Stage I Voluntary conservation measures are proposed in this stage to embed water efficiency programs into the fabric of the community and achieve permanent reductions in per capita water use. Long-term water demand management programs include both structural and non-structural measures. Structural Measures Structural controls are 'tbuilt into" each individual home or business and do not require a daily, conscious effort on the part of the consumer to save water. 19 ' . Landscape Criteria. Landscape criteria include the following measures to reduce water consumption: â€¢ Irrigated Turf Area. Reducing the amount of irrigated turf and making that irrigation more efficient will permanently reduce system-wide per capita water use. For example, to effect a15 percent reduction in outdoor water use, the amount of irrigated turf area must be reduced by about the similar amount, depending upon the efficiency of the irrigation system. Setting targets for the amount of irrigated area per lot requires, a cooperative effort of the general public, landscape design and construction firms, and area homebuilders. â€¢ Irrigation Control Systems. New and renovated irrigation systems could include rain or soil moisture sensors that automatically override the timer control of the sprinkler system. This would be a useful feature for parks and other public areas. â€¢ Drip Irrigated Area. Drip irrigation is more efficient than spray for many applications, especially those where bushes, flowers, gardens, and unusual shapes are being irrigated. â€¢ Sidewalk ahd Driveway Design. Lot design should be configured such that spray irrigation does not occur on both sides of the sidewalk. In addition, driveways should not consist of paved strips with irrigated area in between. While drip irrigation could be used in such strips, long-term water reduction goals favor the use of full width driveways. Sub-Metering. For multi-unit buildings, the Town should consider metering each customer rather than the structure as a whole. Experience shows that when each customer is accouhtable for paying the bill, water use goes down. However, the practicality and cost of sub-metering must be balanced against the potential water savings that may be realized. Another possibility is to install a separate irrigation metef so that part of the usage can be separately tracked and billed to the property manager. This may give property managers an incentive to conserve rather than simply allocating the irrigation usage and cost among all apartment or commercial units. Plumbing Code Revisions. The National Energy Policy Act of 1992 has done much to reduce indoor water consumption through the use bf low-flow toilets, showerheads, and urinals. Manufacturers are also producing more water and energy efficient dishwashers and washing machines. However, the following plumbing code revisions should be considered to further reduce unnecessary water use: 20 â€¢ Hot Water Lines Insulation. Insulating hot water lines will reduce heat losses and the amount of time the water has to "run" before it gets to the proper temperature. For example, showers can run for extended periods before the water gets to a suitable temperature. Accordingly, pipe insulation can save both water and energy. â€¢ Thermostatic Mixing Valves. By running the hot and cold water lines into a single mixing valve, the person taking a shower can set and get the target water temperature much more quickly, especially when the hot water line is insulated. However, homeowners and plumbing fixture suppliers may object to limiting acceptable product lines to just those that use a single valve. â€¢ Water Saving Devices. Flow restrictors could be added to residential plumbing fixtures. The Town is providing free water savings devices (limit of one per lot, residential or commercial). â€¢ Multiple Shower Heads. Shower enclosures with multiple heads are now commonly seen in residential construction. If the multiple heads are set up in an either/or mode, then water use should not be increased by their presence. On the other hand, if more than one shower head is on at a time, it defeats the purpose of having low-flow fixtures. Mandating only one fixture per shower may be unnecessary and difficult to enforce. However, the Town should encourage, by education or code revisions, that only one fixture be on at a time. Water Audits. Voluntary non-residential water audits of large water users could be conducted by Town staff. Water Line Leak Detection, The Town has a very effective leak detection program that has considerably reduced the amount of unaccounted-for water. This program should be continued. Residential Fixture Leak Detection. Faucet drips should be fixed and toilet leaks could be detected by the addition of food coloring to the toilet tanks.. Non-Structural Measures. Non-structural controls include public education, pricing system, and enforcement of restrictions that are imposed during drought periods. Public Education. This includes water conservation outreach programs to schools, homebuilders, landscapers, individual customers, the general public, and the media. Bill stuffers, special mailings, and other educational materials can be used to craft an effective public education program. Such outreach programs will change the way in which people view water, which is key to making short-term behavior changes become permanent. Commercial guest room door 21 , hangers could educate guests on water conservation and request water conservation. The Town has a limited supply at no cost. Individual water conservation habits. â€¢ Bathroom. Turn off water while brushing teeth and shaving. Do not use toilets as trash can. Bathe using half-full tubs and take shorter showers. â€¢ Kitchen. Store drinking water in refrigerator and run dishwasher only when full. â€¢ Laundry. Purchase high efficiency appliances and wash full loads of laundry. â€¢ Voluntary Watering Days and Watering Hours of the Day. Adhere to Town's suggested voluntary watering schedule (see tabulation on Page 5). â€¢ Open Hoses - Only use hoses without shutoff valves for deep watering of trees, bushes, flowers and gardens. â€¢ Hose Shutoff Valves - Equip hoses with shutoff valve that requires hand pressure to open. â€¢ Exterior Cleaning - Sweep patios, sidewalks, driveways, and other hard exterior surfaces before final spray of water is applied, if needdd. â€¢ Car Washing - Use spray from a hose equipped with a shutoff valve and/or a bucket of water to wash car. Pricing System. To encourage conservation and water use efficiency, many utilities have established increasing volume charge structures. As usage increases, the incremental cost of water increases. Enforcement. Since Stage I encourages voluntary water conservation practices, enforcement provisions are not necessary. Stage 11 Immediate action is necessary in Stage 11 to reduce water demands. The Town's ' primary tool for achieving short-term reductions in water use is to declare that Stage 11 conditions exist.and to enact restrictions to reduce water consumption until adequate supplies are available. The goal of the restrictions is to assure that water is continuously available to all customers for minimal irrigation and essential uses that protect the health, safety, and welfare of the public. The tabulation on the next page shows suggested demand management measures that correspond to Stage 11. 22 .. Stage 111 Immediate action is necessary in Stage 111 to drastically reduce water demands. The Town's primary tool for achieving short-term reductions in water use is to declare that Stage 111 conditions exist and to enact restrictions to drastically reduce water consumption until adequate supplies are available. The goal of the restrictions is to assure that water is continuously available to all customers for only essential uses that protect the health, safety, and welfare of the public. The tabulation on the next page shows suggested demand management measures that correspond to Stage 111. Water Conservation Restrictions Stage I Stage 11 Stage 111 Demand Management Measures (Normal) (Moderatej (Emergency) Impose water rate surcharge No No Yes Allow turf Irrigation Yes Yes No *Designate voluntary watering days Yes N/A N/A Designate mandatory watering days NA Yes N/A Voluntary landscape/lawn non-watering Yes N/A N/A between 10 am and 6 pm. Mandatory landscape/lawn non-watering N/A Yes N/A between 10 am and 6 pm. Limit lawn watering to 2 hours per day on N/A Yes N/A designated watering days Prohibit new lawn seeding or sod No Yes Yes Allow hand watering Yes Yes Yes Allow spray or bucket car washing Yes Yes No Allow use of automated car washes that Yes Yes No recycle wash water Allow use of automated car washes that do not Yes No No recycle wash water *Voluntary Water days Street addresses ending in 0 to 4: Monday, Thursday, Saturday Street addresses ending in 5 to 9: Tuesday, Friday, Sunday 23 .. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 17, 2003 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 17th day of April, 2003. Committee: Chairman Barker, Trustees Doylen and Habecker Attending: Chairman Barker and Trustee Habecker Also Attending: Town Administrator Widmer, Public Works Director Linnane, Construction/Facilities Mgr. Sievers, and Deputy Clerk van Deutekom Absent: Trustee Doylen Chairman Barker called the meeting to order at 8:00 a.m. HYDROPLANT TRAIL ACCESS EASEMENTS - REQUEST APPROVAL. The Hydro Plant Trail has been designed and $30,000 co-payment funds were budgeted for a possible Great Outdoors Colorado (GOCO) Matching Grant. Access easements are major issues with trails and grant applications. Therefore, staff has begun easement negotiations with H.W. Stewart (a.k.a. Rocky Mountain Gateway Center) to meet the GOCO application filing deadline in June. The Stewarts have agreed to grant an access easement for the western portion'of the trail in return for the Town granting an easement for the livery property and the eastern portion of the trail. There is a possibility that a portion of the 1,200-ft. trail could be rough cut and road-based with budgeted trail funds. This is dependent on the GOCO grant and/or road-base unit prices to be solicited from the current trail contractor for the Fall River Trail and the Fish Creek Trail. Concluding all discussion, the Committee recommends granting an access easement to H.W. Stewart (Rocky Mountain Gateway Center) as outlined above. Staff will return to the Committee for approval of the trail construction at the conclusion of the potential road-base trail construction. 2003 STREET IMPROVEMENT PROGRAM - REQUEST APPROVAL TO PROCEED WITH BIDDING PROCESS. Construction/Facilities Mgr. Sievers explained the work that will occur through the year to provide surface improvements to the asphalt infrastructure, such ad slurry seal, chip seal, and overlay. These 3 material applications are described as: 1. Slurrv Seal: (Type 2, latex based w/ 1/4" rock) Surface treatment of streets with high oxidation caused by ultraviolet radiation. Rejuvenates and water proofs the surface, adds some skid resistance, and extends the life of newer asphalt. 2. Chip Seal: (polymer modified 3/8" rock & surface sealed) Course surface treatment for streets that require high skid resistance, are steep, UV protection, waterproofing and crack filling. Extends the life of all asphalt. 3. Overlay: A structural asphalt repaving that rdestablishes the integrity of the road that was lost due to water damage, excessive axle loads, poor sub-grade or construction. This repaving is usually 1.5" (minimum) depending on the level-of-wear criteria. Other areas discussed include speed tables, Paver Condition Index (PCI), parking lot maintenance/improvements, cold patching concerns, and school safety improvements. The 2003 Budget contains $300,000 for the annual Street Improvement Program. RECORD OF PROCEEDINGS . I Public Works Committee - April 17, 2003 - Page 2 The Committee recommends staff be authorized to proceed with the projects as outlined below returning to the Committee for further action regarding the overlay portion. 1. Slurrv Seal: solicit prices and proceed with the work in June, $30,000 2. Chip Seal: solicit prices and proceed with the work in July, $100,000 3. Overlav: bid in May, return for approval in June. Work in September-October, $150,000 4. Striping: purchase and install in May & September, $20,000 HWY. 34 GATEWAY SIGN - REQUEST TO PROCEED. At the March 20111 meeting, the Committee directed staff to proceed with design and cost estimates for the proposed project west of Dry Gulch Rd. on North Lake Ave. Cornerstone Engineering submitted a sub-contractor generated cost estimate of $36,000 for the sign, plus an additional $8,000 for water service and an irrigation tap. Staff will meet with CDOT on April 21St to finalize the sign placement within the right-of-way. The 2003 Budget includes $30,000 for the Hwy. 34 Gateway Sign. Following CDOT approval, the Committee recommends proceeding with the project with Cornerstone Engineering acting as the General Contractor at a cost of $36,000, plus an additional $8,000 for water service and an irrigation tap, with the $14,000 deficit funded from the Community Reinvestment Fund. REPORTS 2003 Blizzard - Public Works Dept. Expenses. Director Linnane reported that an estimated cost for the 2003 Blizzard was approximately $100,000. These costs include vehicle depreciation, fuel, salaries, and contractor fees. The majority of expenses was in-house, and Director Linnane noted that a small portion of the costs are reimbursable through FEMA. Riverside Dr. Project. Construction/Facilities Mgr. Sievers explained that the completion date has been delayed until June 2nd duel to project complexities and weather. Discussion followed regarding project status, curb/gutter/sidewalk and conduit installation. Director Linnane noted that an aesthetic finish will be placed on the retaining wall to match the existing wall at Confluence Park. Trails. â€¢ Fish Creek Trail - construction will begin next week. The trail will be repositioned in the right-of-way near the Community Church to accommodate a restricted area along the eastern edge of their property. â€¢ Fall River Trail Phase Il - construction will begin April 21St. â€¢ Knoll Trail - the preliminary location of the trail has been staked by the trail designer and Community Dev. Dir. Joseph. Staff and the trail committee will inspect the proposed trail this week. Completion of the. trail design is anticipated by June 1St and will be presented to the Committee for approval prior to construction. Traffic Signal Timing - Staff and CDOT continue discussions regarding traffic signals located at Highways 34/36 and 7. The primary goal is to adjust the pedestrian sequences, signals, and loop detectors to improve the traffic flow. There being no further business, Chairman Barker adjourned the meeting at 8:58 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk Town of Estes Park Community Development Department Memo TO: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: April 22,2003 Subject: Final Plat, Lot 1 & 2, Stanley Historic District Background. This is the Final Plat of Lot 1 and 2, Stanley Historic District Subdivision. The Planning Commission approved the Stanley Historic District Preliminary Plat in 1992, and this Final Plat fulfills the requirements of the Preliminary Plat. Vehicular access to Lot 2 is via a private easement east of the hotel. Required utility easements are being provided. Two years ago the Town Board approved the Final Plat for Lots 1 and 2 of the Stanley Historic District. However, it was never signed and recorded. The current owners are now ready to sign and record the same plat. Only the signature blocks have changed. We have routed the plat again for comments and have made a few minor revisions that Greg White asked for. Staff recommends approval of this final plat. The Planning Commission recommended approval of the Final Plat at the April 15, 2003 meeting. Budget None. r,1- I Lot 2 Lot 1 4 1 -11Â¥11 111 ' 061"nill"A .*45'Er'+ 011 , 4 ~rr A~ Action. Approval of the Final Plat of Lot 1 and Lot 2, Stanley Historic District. Memo Date: April 18, 2003 TO: Board of Trustees From: Gregory A. White RE: Liquor Licensing On March 11, 2003 I was requested to give a legal opinion to the Town Board with regard to the legal ramifications of the Town Board's review of liquor license applications. Background The administration of liquor licenses including the granting of liquor licenses, enforcement of rules and regulations, transfer of liquor licenses, and suspension and revocation of liquor licenses is specifically set forth in the Colorado Beer Code (Article 46 of Title 12, CRS) and the Colorado Liquor Code (Article 47 of Title 12, CRS). The Board of Trustees of the Town of Estes Park is the "Local Licensing Authority" for administration of beer and liquor licensing. Also, the State of Colorado through the Liquor Enforcement Division of the Department of Revenue has dual authority to administer beer and liquor licenses. The codes specify the requirements for holders of beer and liquor licenses in Colorado. The Town Board as the local licensing authority, is granted the power to make certain determinations in the granting, transferring, suspension and revocation of beer and liquor licenses. New Licenses The local licensing authority is given the power to grant or deny a new beer or liquor license. In exercising this power the local licensing authority has to consider the following: 1. All of the required applications and documents have been properly completed and filed and all the appropriate fees have been paid. 2. The reasonable requirements of the neighborhood, and the desires of adult inhabitants as evidenced by petitions, remonstrance, or otherwise, require the granting of the license. 3. The license shall not be issued to or held by any person who is not of good moral character, including officers, directors, or stockholders of a corporation requesting a license, partners of a partnership or persons providing financing. 4. The applicant's character, record, and reputation are satisfactory to the licensing authority. Reasonable Requirements of the Neighborhood and Desires of the Adult Inhabitants The Town Board as the local licensing authority has considerable leeway in determining whether the reasonable requirements of the neighborhood are being met by the current licenses and/or the desires of the adult inhabitants of the neighborhood with regard to the granting of the license. If the Town Board denies an applicant a license based upon the above standard, the applicants only relief is to request that the District Court of Larimer County review the Board's decision. This review is pursuant to Rule 104 of the Colorado Rules of Civil Procedure. The District Court only reviews the record of the hearing before the Town Board. The District Court is required to uphold the Town's Board decision unless the Town Board's decision was "arbitrary and capricious". The case law on these types of review by the District Court provides that if the District Court finds a "scintilla of evidence" which supports the Town Board's decision, then the Town Board's decision was not arbitrary and capricious. Obviously, an applicant denied a liquor license on this basis 2 has a very difficult time overturning the Town Board's decision. Good Moral Character, Record, and Reputation Section 12-47-307 CRS provides that no license shall be issued to or held by "(11) any person who is not of good moral character". The section goes on to specify that any officer director, or stockholder of a corporation shall be of good moral character, any partnership member holding 10% of the partnership must be of good moral character, and any person employing, assisted by or financed in whole or in part by a person who is not of good moral character is prohibited to hold a license. This gives the Town Board the right to inquire as to an applicant's "good moral charactef'. However, Section 12-47-307 (1)(b)(i) provides that "in making a determination as to character of a licensee....a licensing authority shall be governed by the provisions of Section 24-5-101 CRS." Section 24-5-101, CRS provides that "whenever any state or local agency is required to make a finding that an applicant for a license......is a person of good moral character as a condition of issuance thereof, the fact that such applicant has, at some time prior thereto, been convicted of a felony or other offense involving moral turpitude shall be given consideration in determining whether, in fact, the applicant is of good moral character at the time of application." In making a determination as to "good moral character" the Town Board cannot base its finding of lack of good moral character solely on a basis of a criminal conviction that is not a felony conviction involving moral turpitude. However, the Town Board is not restricted to solely reviewing prior felony convictions to determine if the applicant is of good moral character. The Town Board may review other conduct to establish the absence of good moral character. See JRM, Inc. v. Board of County Commissioners of Adams County, 615 P. 2d 31 (Colorado 1980). Any finding of lack of good moral character must be based on specific evidence given to the Board during the public hearing. Likewise, the Town Board can inquire into the record and reputation of any applicant. "Record" and "reputation" are not defined in the Beer and Liquor 3 . codes. Any denial of an application based upon "record" and "reputation" must be based upon evidence within the record, and said evidence must be relevant to holding of a liquor license. &12 The Liquor and Beer codes prohibit any person as a licensee under the age of 21 years. Any person over the age of 21 years is entitled to apply for a liquor license. Age is not a consideration of any kind in granting or denying a liquor license. Transfers In reviewing an application for transfer of a liquor license, the Town Board shall review items 1, 3 and 4 above. The question of reasonable requirements of the neighborhood and desires of the adult inhabitants is not part of the transfer of a license. Legal Ramifications of Approving or Denying License So long as there is evidence in the record before the Town Board supporting the decision of the Town Board, it is my opinion that neither individual board members nor the Town faces any legal ramifications of its decision to grant or deny a liquor license. The only ramification to the Town is the cost to defend the Town Board's actions in any subsequent legal proceeding. 4 . April 2003 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE MAYOR. The next order of business will be the public hearing on the application of Regalado LLC, dba THE 1800 SPORTS BAR, for a New Tavern Liquor License located at 820 Moraine Ave. 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. This public hearing will be conducted in the following manner: TOWN CLERK will present the application: E The application was filed March 3,2003. E At a meeting of the Board. of Trustees on March 25,2003, the public hearing was set for 7:00 p.m. on Tuesday, April 22,2003. 0 The neighborhood boundaries for the purpose of this application and hearing were established to be 3.35 miles. B The Town has received all necessary fees and hearing costs. 0 The applicant is filing as a Limited Liability Company. 0 The property is zoned CO which allows this type of business as a permitted use. 8 The notice of hearing was published on April 11,2003 0 The premises was posted on April 3,2003 A background investigation has been conducted, and the Police Department is recommending approval of the license. .. 8 Status of T.I.P.S. (Training for Intervention Procedures by Servers of Alcohol): Unscheduled X Scheduled (Date: April 18, 2003) 0 A map indicating all liquor outlets presently in the Town of Estes Park is available upon request. APPLICANT AND/OR OPPONENTS: 0 The applicant will be allowed to state his case and present any evidence he wishes to support his application. 0 The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. 0 The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. Il The opponents will be allowed a rebuttal which may only reb"LIt the evidende of the applicants. No new evidence may be offered. O The Board of Trustees may ask any questions of any person speaking at any time during the course of this hearing. MAYOR. 0 Ask the Town Clerk whether any communications have been received in regard to the application, and if so, to read all communication. 0 Indicate that all evidence presented will be accepted as part of the record. Il Ask the Board if they have'any further comments or questions. 0 Declare the public hearing closed. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable 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 bd granted/denied. I . .. ./YP. *:7.1..-eY TOWN OF ESTES PARK Police Department -,dg~ 2(lt->1 x <<4,60:*24*61411;#3?N~ Av . 24-#7&Am'* *41 0:Z~M&.42~.p&v*w-El-Â·â‚¬*MA*64 <w ymr' p 1 nir#i?,.i,yÂ·~.~~ - - - -Â·*~44raat-da*seq.- ,/ -9â‚¬ZC Â· March 27,2003 Rebecca van Deutekom, Deputy Town Clerk Town of Estes Park Estes Park, CO 80517 RE: The 1800 New Hotel & Restaurant Regalado, Heather R. DOB: 08/22/72 Regalado, Alfonso DOB: 05/14/47 Kucharyson, Velia DOB: 08/22/77 Dear Ms. van Deutekom: An Estes Park Police Department local records check based upon the names and dates of birth on the above-named individuals have been made. There are no local records on the above named individuals. An incident report was not run for this establishment because it is a new restaurant with new owners and the location has been vacated for some time. Sincerely, ''Gregg Vg#singer OperationsFCommander, Estds#ark Police Department (970) 586-4465 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (970) 586-4496 DR 8404 06/02) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER CO 80261 OR 3.2% FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION Â® NEW LICENSE U TRANSFER OF OWNERSHIP U LICENSE RENEWAL Â· ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN Â· APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) Â· LOCAL LICENSE FEE $ Â· APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE (Call 303-321-4164) DONOT WRITE IN THIS SPACE 1. Applicant is applying as a D Individual U Corporation M Limited Liability Company E Partnership (includes Limited Liability and Husband and Wife Partnerships) U Association or Other 2. 14~~ of Applicant(s) If partnership list artners' names (at least two); if corporation, name of corporation Fein Number 6 x\cz~ 80 1-1_(1 -la - 1 345033 2a.Trade,Narde of Establishment (DBA) State Sales Tax No. Business Telephone -F&=* Yi 00 806Â»43 8(4 0 13-cyfRS(h Crl C) 29(5 71194 3. Address of Premises (specify exact location.of primises) 130 rhooodne_ Aug- ellyn A County State ZIP Code eGUES 62+4 t._CXA mer 00 NeiS 1-7 4. Mailing Address (Number and Street) City or Town St@te ZIP Code 98Â»18*1%03 4%1 f. 4.xÂ»~te-opÂ·;3 0%2:1 11Â£Â·Â·C L.C> 966\-1 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) Present State License No. Present Class of License Present Expiration Date LIAB Â·133 m SECTION A. Nonrefundable APPLICATION FEES: 1.:lfLIAB ' 9 -1 - SECTIOND' * ~ J -r .'21:Â· UQUORUCENSEFEES )00' Â® Application Fee for New License .............................. 900.00 -)940<~ 0 Retail Liquor Store License (city) ......................... $227.50 2300 2 Application Fee-New License Concurrent Review.. 1000.00 f940' /3 Retail Liquor Store License (county) ..................... 312.50 2310 0 Application Fee for Transfer of Ownership ............... 900.00 '1950 f E Liquor Licensed Drugstore (city) ........................... 227.50 r.. 'A- SECTION B- --fi-P.V' Â·:Â· r. ..3.2%,BEERAUCENSE,FEES 21950 E Liquor Licensed Drugstore (county) ...................312.50 2121, E Retail 3.2% Beer On Prernises - (city) ...................... $96.25 (~?[~-ID Beer & Wine License (city) 351.25 21f1. E Retail 3.294> Beer On Premises - (county) ................. 11 7.50 219:60 E~,Beer & Wine License (county) ..............................436.25 2122 - Retail 3.2% Beer Off Premises - (city) ........................96.25 4r1jT~r~i +I & R License -.city E~ county .............................500.00 21Â» E Retail 3.2% Beer Off Premises - (county) ................. 117.50 1jÂ·80 E] HaR License,4//3pt Prem g city 0 county .......... 500.00 2123 0 Retail 3.256 Beer On/Off Premises - (city) ........... 96,25 2990 ' 2 Club License E city m county ............................... 308.75 21.~ El Retail 3.2% Beer On/Off Premises - (county) ........... 117.50 2Â¢10 ~Tavern Licensexcity m county............................ 500.00 - 2020 C]Arts License (3 cityncounty.................................308.75 40: SECTION'C Â· - : ~ RELATED FEES AND PERMITS'i ' --- 2030 C] Racetrack Licensem city E county.......................500.00 1985-100 (999) [3 Addition of related Facility Permits to existing -2040 2 Optional Premises License m city m county ......... 500.00 Resort Complex license fi.605 0 Retail Gaming Tavern Lic[]city 03 county............500.00 $50.00 x Total Fee 2210-100 (999) E Retail Warehouse Storage Permit .................... $100.00 1*'4 ,* 2 Brew-Pub License 750.00 2220-100 (999) E Addition of Optional Premises to existing hotel/restaurant 1986 2 Resort Complex License 500.00 $75.00 x Total Fee E H/R - Tavern Manager's Registration................. $75.00 f. DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION . . License Issued Through County f-- City ~ Industry Type License Account Number - i Â· Liability Date 3 (Expiration Date) FROM TO State City County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) -750 (999) # '~1illillililllillillillillillillillililllilillllllillii ~. Cash Fund New Ucense ~ Cash Fund Transfer License TOTAL 2300-100 2310-100 (999) (999) DR 8404 (06/02) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No holders or directors if a corporation) or manager under the age of twenty-one years? , UM 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcoholic beverage license? OR (b) had an alcoholic beverage license suspended or revoked? 0Â® (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? 08 If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. 0 29 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. DE 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of EE Colorado law, or the principal campus of any college, university or seminary? 10. Has a liquor or beer license ever beerl issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any E lij current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership, lease or other arrangement? Â®E 2 Ownership Â® Lease m Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires 3~kh8G Gs\cquert RÂ«Â«clo LLC_ TA e \<EGO 7-18 I l 041 Attach a diagram and outlinettl~rea to be licensed (including Wimdnsions) whichshows the bars, brewery, walls; partitions, entrances, exits and what each 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 scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business, or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security 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, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. 00 Number of separate Optional Premises areas requested 14. Liquor Licensed Drug Store applicants, anster tha following- (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Yes No Pharmacy? COPY MUST BE ATTACHED. m El 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and U El not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is 00 operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? 00 (Copy of notice or application must be attached) 17a. Name of Manager (If this is an application for a Hotel, Date of Birth Restaurant or Tavern License, the manager must also submit an Individual History Record (DR 8404-1). 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. D-[3 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? 0Â® If yes, provide an explanation and include copies of any payment agreements. DR 8404 (06/02) Page 4 Â· Â· 19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. DATE OF NAME HOME ADDRESS, CITY & STATE POSITION % OWNED BIRTH CO , I I --- - -7- 4 1 - -- - I - - --- I . 1 . P El V 20. Has the Applicant provided, or does the applicant intend to provide their staff with server training.~ No Additional Documents to be submitted by type of entity j CORPORATION ~ Cert. of Incorp. 61 Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP j Partnership Ag,ement (General or Limited) ~ Husband and Wife partnership (no writt~-agreement) ~ LIMITED LIABILITY COMPANY [2'Articles of Organization U Cert. of Authority (if foreign company) Erbperating Agrmt U ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service ~WAE?-StÂ·9 ..e>y..Â»i~if;:.FRZ:dilÂ».AÂ·-?rÂ·Â·-Â·~?44-<, ;Â· Â· Â· - k., :.p : -:riv-" 4%85*22%*#**%%%9**Â·5%***221~**%~ao~~~.~~~.ee~ CEff<*Â·1*â‚¬49*jef:Â·9%*44Â¢9*iÂ«Â«*â‚¬%%444%49*23Â»4 Uthorized Sipnature r'\ F-3 Title Date *9222<O-~~ RERfiRTÂ·*APPRO-*AL OFLOCAL LICENSING AUTHORIIâ‚¬(CITY/COUNTY) 5 - 941 939 Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less *tud 1 4003 Afr 1. 1.4-2 200 3 th~30 days from date of application 12-47-311 (1)) C.R.S. Each person required to file DR 8404-1: Yes No a. Has been fingerprinted b. Background Investigation and NCIC and CCIC check for outstanding warrants conducted 00 c. The local authority has already conducted, or intends to conduct, a premise inspection to insure that the applicant is . 00 in compliance with, and aware of, liquor code provisions affecting their class of license. (date of inspection) 00 If not, does the authority want the state to conduct such an inspection. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. Wedoreportthatsuch license, if granted, will meetthe reasonable requirementsof theneighborhoodandthedesiresof the adultinhabitants, 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 Telephone Number Â£ TOWN, CITY U 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 clerktothe board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. DR 8404-1 (06/02) COLORADODSPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PJERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD ., 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 libbility company MANAGING members, Officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Rard ado LLC- - 71 e N co 2. Your full Name (last, first, middle) 3. List any other names you have used. 12eg b de '4Â»1-ker- Rencue @Â«ae \Aa:48- (Dence 4. Mailing addres*10 different from residence) Â· Horn&~le#hone \680 8,0 340â€¢n plen NesiLE 0(1 ' 910-<190--199 1 5. Listall residencea42@sses below.-Include current and previous addresses for the past five years. STREET AND NUMBER - CITY, STATE, ZIP FROM TO Current 1(340 6%076073307 24=st*Â»44 CA9 05,7 1%9--1 *â‚¬3533# Previous Lj i j 6. Date of Birth Social Security Number (SSN) Place of Birth 7. U. S. Citizen? m j Jil -7 Q S~H 673-10-1 Lobc elond Co . IL Yes m No If Naturalized, state where When Name of District Court Naturalization Certificate Number Date of Certification 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 Driver's License? If so, give number & state /1 - /1 1- -IJ 3 I j 123 EtÂ·Â·r~ 84; R Lo OllYes U No la_ 190 -750 1 CO. 10. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU . POSITION HELD NAME OF EMPLOYER ~~\3~ 40.-- <2~fxbd 0 MGU 1 1 ~- \ ck 1.0 0 LchNB- (key, 100% Rec 0836 ~Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detaili El Yes [R No 12. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) E Yes [3 No . 13. Have you ever received a violation notice, suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail, m Yes Â® No 14. List all current and former employers or businesses engagedÂ· in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ~ ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM' TO 5Â£.*rE fares *twk \08(~ Qtf~:*,43=-, PalÂ»Cm A ce-er: 1941 prâ‚¬%34:-; 15. Financial Information. ; Total purchase price $ - (if buying an existing business) OR list the total amount of your-investment in the new business, including notes, loans, cash, services or equipment, and operating capital $ 45, 260 - 0-0 <SC) 'Coo--Â¤21 Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a sepafate sheet if needed. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amount U 00+ :seds\Â«cis (Re=lke-Â·--<-leÂ·Rja) \01 cceÂ· : -Ca~~ Cred; 6 -rAU a (Reci\ker *x*ign CC=*-~ dexu\n i C de\~i= tkucjÂ©Â»pcn) ps jee.oo * Ocah 829- T '*ao QuplariA â‚¬1000 99 Loan Information (attach copies of all notes. or loans) Name of Lender Address ' Term Security Amount 16, Give name of bank where business account will be maintained; name the account will be maintained under; and the name or names of persons authoriked to draw thereon. *14$4 Â£304-9 l GoÂ©~ 14 2%4:ct fE 44, 2 L_N~c . \ 00 kccir. j UeÂ«e- E- ike-Â«4 010 -. Oath of Applicant f declare under penalty of perjury in the second degree that this application and all attachments are true, correct,,and complete to the best my knowledge. Authorized Signature Title Date i jies:kko\<~0/704# 3 Ocrgi ~ r) 4-N\EGT- 3/ \103 DR 8404-1 (06/02) k : '9/.4 1 COLORADO DEPARTMENT OF REVENUE UQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD . be completed.by each individual applicant,-all general partners of a partnership, aM limited partners owningÂ·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 ..Â·Â· of-such corporation; alt-limited liability company MANAG/NG members, Officers or other limited liability company members withÂ·a 10% (or more) ownership interest in such company and all managers of a Hotel and RestaurantÂ·or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be.answered in their entirety or your application may be delayed or not processed. EVERYÂ·answer.you give will be checked-for its truthfulness.-A deliberate.falsehood or-omission will jeopardize the application as such faisehood within itself constitutes evidencefregarding the character of the applicant. 1. Name of Business 1LE6ALADC> LLC, 2. Your Full Name (last, first, middle) Â·. 3. List any other names you have used. Hrue +1$12-Tiou, VELIA ~561 4 2.83,AUROO 4. Mailing address (if different from residence) Home Telephone P.o. 004 2 (03 ESTES PAILIC, CO 5851.7 970- 215 -644 / . 5. List aU residence addresses below. Include current and previous addresses for the past five years, . STREETANDNUMBER 47 CITY, STATE, ZIP y " FROM - TO Current 2 10 4 0 d [ G 7--,-lop>,IP Sor,6 6, â‚¬ . 537-85 PALLJC , CO 90 57 7 9-0 2. 9 9-Et>â‚¬ AST Previous c 2-00 7-,\Jeesioe-De_.. --Esrm 'Ag-# cc 9-05-)-7 - 9-0 1 - 7-Oa 9-74 ~,EÂ«f. CT Â· Lovel.jwuo co )05-37 - 9-00 3-01 - 17 3 01-7 YMP, a,U -LN ESÂ» Pug , 60 905- f -7 , 5-99 3-00 6. Date of Birth Social Security Number (SSN) Place of Birth ' . - :. 1 ,: - 7. U. S. Citizen? - 00/32-/77 57.2.- 9-3-5-/2,21 Mang co U Yes {END If Naturalized, state where Â· : When -- Name of District Court - Naturalization Certificate Number DateÂ·of Certification If an Alien, Give Alien's Registration Carti Number Permanent Residence Card Number A-07G- 385-l62 A 076-385-162 8. Height Weight Hair Color Eye Color Sex Race 9. Do you have a current Driver's License? If so, give number & state 66" 130 BLACK. BLACIC F H Â®Yes I)No 92- 190-7566- 20Â£Â·GeÂ»Do 10. List the name(s) of relatives working in or holding a financial interestÂ·in the Colorado alcohol beverage industry, | NAME OF RELATIVE i RELATIONSHIP TO YOU _ Â· . POSITION HELD ' NAME OF EMPLOYER .- vir,m, 12,/odo MOTHER- ov,/tue (2_ , 41+EL-L TO % M eX. 2-857-, Have you ever applied for, held, or had an interest'in a State of Colorado Liquor or Beet License, or loaned money, furniture or fixtures, equipment or |nventory, to any liquor or beer licensee? If yes, answer in detail, m Yes E No 1 12. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any.offense in criminal br, tnilitary court or do you have any charges pending? (If yes, explain in detail.) E Yes Â® No 13. Have you ever received a violation notice, suspension or revocation, for-a liquor.law violation, or. have you applied for or'been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. D Yes. Â® No . 14. List all current and former employers or.businesses engaged in witbjnthe last five years (Attach separate sheet if necessary) , NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO' Esres A ac C#ELrre's t'\ExicA,u -21-~FAUL=vr -1415 E. E.)EAOIN- Ave. 20 50517 t-fAIJAGE.12- , -5 --0 1.' PeÂ·agelr I LA#ImeleÂ· O.00/vrr #-4 EA,~rpt -be~r. iÂ¢;of 13200 JE. AVE, Â£51,5 749,2.)4 to. 988/7 .NVIC ED,)Â£41-0,2. 3-di Pge:>gAr i ES-res 'PA,44- Scit09.0-3, 5Tma 4600 2/2Â¢ible-.. AvE. 2426Â·Patic/oms/-7 Ell 767Â¤Â£ 12.-97 - 5- 00 : 55Â·re Eut 14 5OPE:* 3 1 0,10 <Bm THonipL; Ave. Esres Fk~K 820*T Â·Pes 1,1 - ro ' 9 Gs (7 LMÂ»06 M , 5-00 2-01 u . 15. Financial Information. C Total purchase pfice-$' Â· - (if buying an existing business) OR list the total amount of your investment in the new+bufirress,i including notes, loans, cash, services or equipment, and operating capital $ fiC>i Def') ,~ , ProVide details of Investment. You must account for the sources of ALL cash (how acquired). Attacli a separate sheet if needed. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amount 6 CA.5-,4 SAVINGS f #aftlee 'Rgk (418 ) (0 , 006 Â·es 1 i ' C ASH Â· C.ge-ott- 0685 Â· 04Cd-41 er Â· Reclajado~ * ZO, 000 24..1 7 \0 C/leftÂ· ~ - SAVIA.)06 (NEUA. 16cttyvtÂ¥5013 . 15,000 s ! Casu. DAV (Arts ( A- l_poWL 'Re~~LAndj 5,000 e Loan Information (attach-copies of all notes or loans) Name of Lender Address Term Security Amount 16. Give name of bank where business account will be.maintained; name the account will be maintained under; and the.name or names of persons j Â·.' authorized to draw thereon. +<Bst N AroNAL 13,Nic- , 616(wi,wa.. Acer. , ~a-/trHER-- 7*, 7=Al.ARD . Oath of Applicant 1 declare under pdnalty of perjury in the second degree that this application and all attachments are,true, correct, and complete to the'- best ' fny knowledge. Authorized Signature Title Date ty\En!(38(L 2.-10-03. .. April 2003 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE MAYOR. The next order of business will be the public hearing on the application of Herzak, Inc., dba the INN AT ESTES PARK, for a New Hotel and Restaurant Liquor License located at 1701 N. Lake Ave. 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. This public hearing will be conducted in the following manner: TOWN CLERK will present the application: 0 The application was filed March 13, 2003 At a meeting of the Board of Trustees on March 25,2003, the public hearing was set for 7:00 p.m. on Tuesday, April 22,2003. 0 The neighborhood boundaries for the purpose of this application and hearing were established to be 4.0 miles. 0 The Town has received all necessary fees and hearing costs. 0 The applicant is filing as a Corporation. E The property is zoned A which allows this type of business as a permitted use. E The notice of hearing was published on April 11, 2003 0 The premises was posted on April 3,2003 B A background investigation has been conducted, and the Police Department is recommending approval of the license. . E Status of T.I.P.S. (Training for Intervention Procedures by Servers of Alcohol): Unscheduled X Scheduled (Date: April 18, 2003). 0 A map indicating all liquor outlets presently in the Town of Estes Park is available upon request. APPLICANT AND/OR OPPONENTS: 0 The applicant will be allowed to state his case and present any evidence he wishes to support his application. C] The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. D The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. El The opponents will be allowed a rebuttal which may only rebut the evidence of the applicants. No new evidence maj, be offered. The Board of Trustees may ask any questions of any person speaking at any time during the course of this hearing. MAYOR. C] Ask the Town Clerk whether any communications have been received in regard to the application, and if so, to read all communication. 0 Indicate that all evidence presented will be accepted as part of the record. 0 Ask the Board if they have any further comments or questions. Declare the public hearing closed. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable 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. I . TOWN OF ESTES PARK Police Department jar,al</ball,4.Tr - I *75 -35#43*l-*it*/41"IM /5*. i,6 03%114<y>4443*j/~/,0 z, j ~*Apicr'i i.,9~ 1.,. ((11 T March 31, 2003 h Rebecca van Deutekom, Deputy Town Clerk Town ofEstes Park Estes Park, CO 80517 -RE: Herzak, Inc. (d.b.a. Inn at Estes Park) Hotel & Restaurant Hert, Larry W. DOB: 05/23/39 Hert, Elaine M. DOB: 01/04/32 Ciezczak, Lillian W. DOB: 02/26/60 Dear Ms. van Deutekom: An Estes Park Police Department local records check based upon the names and dates of birth on the above-named individuals have been made. There are no local records over the past year on the above-named individuals. Sincerely, Michael /44 Deutekom Administrative Commander Estes Park Police Department (970) 586-4465 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (970) 586-4496 'DR 8404 (06/02) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER COÂ·80261 OR 3.2% FERMENTED MALT BEVERAGE .. RETAIL LICENSE APPLICATION 1 E NEW LICENSE E TRANSFER OF OWNERSHIP U LICENSE RENEWAL Â· ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN â€¢ APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) Â· LOCAL LICENSE FEE $ â€¢ APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO UQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a [3 Individual Â® Corporation ~ Limited Liability Company Â£ Partnership (includes Limited Liability and Husband and Wife Partnerships) El Association or Other 2. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Fein Number HERZAK, INC. 02-0609033 2a.Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone INN AT ESTES PARK 41-08048-0000 970-586-5363 3. Address of Premises (specifrexact location of premises) 1701 N. LAKE AVENUE : City County State ZIP Code ESTES PARK LARIMER co 80517 4. Mailing Address (Number and Street) City or Town State ZIP Code P.O. BOX 1931 GLENWOOD SPRINGS Co 81602 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) Present State License No. Present Class of License Present Expiration Date LIAB SECTION A Nonrefundable APPLICATION FEES LIAB SECHON D UQUOR LICENSE FEES 700 0 Application Fee for New License .............................. 900.00 1940 0 Retail Liquor Store License (city) ......................... $227.50 JOO O Application Fee-New License Concurrent Review.. 1000.00 1940 El Retail Liquor Store License (county) ..................... 312.50 2310 0 Application Fee for Transfer of Ownership ............... 900.00 1950 O Liquor Licensed Drugstore (city) ........................... 227.50 SECTION B 3.2% BEER LICENSE FEES 1950 m Liquor Licensed Drugstore (county) ..................... 312.50 2121 E Retail 3.2% Beer On Premises - (city) ...................... $96.25 1960 0 Beer & Wine License (city) 351.25 2121 /1 Retail 3.2% Beer On Premises - (county) ................. 117.50 1960 2 Beer & Wine License (county) .............................. 436.25 2122 El Retail 3.2% Beer Off Premises - (city) .........,.,....,...,,.. 96.25 1970 0)H&R License [j@ city county .............................500.00 2122 E Retail 3.2% Beer Off Premises - (county)-................. 117.50 1980 UH&R License w/opt Prem O city o county .......... 500.00 2123 0 Retail 3.2% Beer On/Off Premises - (city) .................. 96.25 1990 El Club License O city m county ............................... 308.75 2123 0 Retail 3.2% Beer On/C)ff Prernises - (county) ...........117.50 2010 0 Taverr, License gl city l county ............................ 500.00 2020 E Arts License El city 0 county ................................. 308.75 SECTION C RELATED FEES AND PERMITS 2030 0 Racetrack License 0 city m county ....................... 500.00 1985-100 (999) U Addition of related Facility Permits to existing 2040 1 Optional Premises License 0 city Il county ......... 500.00 Resort Complex license 1905 0 Retail Gaming Tavern Lic O city m county............ 500.00 $50.00 x Total Fee 2210-100 (999) 0 Retail Warehouse Storage Permit ....................$100.00 1975 E Brew-Pub License 750.00 2220-100 (999) U Addition of Optional Premises to existing hotel/restaurant 1985 0 Resort Complex License 500.00 $75.00 x Total Fee OH/R - Tavern Manager's Registration................. $75.00 DO NOT WRITE IN THIS SPACE-FOR DEPARTMENT OF REVENUE USE ONLY | LIABILITY INFORMATION 1 County City Industry Type License Account Number Liability Date License Issued Through (Expiration Date) FROM TO State City County - Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) - -- -750 (999) 1 Cash Fund New Ucens, Cash Fund Transfir Ucin- 2300-100 2310-100 TOTAL (999) (999) DR 8404 (06/02) Page 3 . 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes Na 1 holders or directors if a corporation) or manager under the age of twenty-one years? Or 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcoholic beVerage license? 0 521 (b) had an alcoholic beverage license suspended or revoked? m Ql (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? 0 62 If you answered yes to 7a, b or c, explain in.detail on a separate sheet. 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. m FE 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. 0 521 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of 08 Colorado law, or the principal campus of any college, university or 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 officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any a O current financial interest in said business including any loans to or from a licensee.Old Fort Motel-Ft. Morgan, CO sold bus ines 11. Does the Applicant, as listed on line 2 of.this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership, lease or other arrangement? 80 IR Ownership El Lease O Other (Explain in Detpil) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landtord Tenant Expires Attach a diagram andoutline the area to be licensed (including dimensions) which shows the bairs, brewery, walls, partitions, entrances, exits and what each 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 scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST FARMERS STATE BANK OF FT. MORQUI N/A 84-0200920 $750,000 Attach copies of all notes and security 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 busirtess which is contingent or conditional in any way by volume, profit; sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. 0 0 N/A Number of separate Optional Premises areas reqi ipqterl 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 Pharmacy? COPY MUST BE ATTACHED. CLE 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political 6r athleticÂ· purpose and 00 not for pecuniary gain? (b) . Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is 00 operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? .(d) Â· How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) N/A 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? - m m (Copy of notice or application must be attached) Â· . Â· N/A , 17a. Name of Manager Lillian Ciezczak (If this is an application for a Hotel, . Date of Birth Restaurant or Tavern License, the manager must also submit an Individual History Record (DR 8404-1). - 7-2/26/60 - 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes r licensed establishment in the State of Colorado? Ifyes, provide name, type of license and account number. - O.L 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have anoutstanding tax distraint issued to them 'by the Colorado Department of Revenue? - - C] 52 -- - - Â· -lf-yes, provide an explanation and include copies of any payment agreements. - , DR 8404*(06/02) Page 4 4 19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. DATE OF POSITION % OWNED NAME HOME ADDRESS, CITY & STATE BIRTH 714 SILVER OAK DR. LARRY HERT GLENWOOD SPRINGS. CO 81601 5/23/39 PRES. 50% 714 SILVER OAK DR. ELAINE HERT GLENWOOD SPRINGS. CO 81601 1/4/32 STOCKHOT,DFR 50% 51823 HWY 6 & 24 LILLIAN CIEZCZAK GLENWOOD SPRINGS, CO 81601 2/26/60 SECTY/~16# 0 20. Has the Applicant provided, or does the applicant intend to provide their staff with server training. Yes No Additional Documents to be submitted by type of entity El CORPORATION 521 Cert. of Incorp. D Cert. of Good Standing Of more than 2 yrs. old) ~ Cert. of Auth. Of a foreign corp.) ~ PARTNERSHIP El Partnership Agreement (General or Limited) [3 Husband and Wife partnership (no written agreement) U LIMITED LIABILITY COMPANY O Articles of Organization I~ Cert of Authority (if foreign company) 0 Operating Agrmt. U ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service LILLIAN W. CIEZCZAK 1605 GRAND AVE.. STE.F. GLENWOOD SPRTNGS, co 81601 OATH OF APPLICANT r I declare under penalty of perjury in the second degree that this application and alf attachments are true, correct. and complete ) to the best of my knowledge. I also acknowledge that it is my- responsibility And the rdsponsibility Of my agents and employees to comply with the provisions ofthe Cotorado Liquor or Beer Code which affect my ticense. -I Authorized@~ature Title PRESIDENT Date 3[ 403 ' ~REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less 77*tes /3, 900 3 than 30 days from date of application 12-47-311 (1)) C.R.S. Each person required to file DR 8404-1: Yes No a. Has been fingerprinted - 0 El b. Background investigation and NCIC and CCIC check for outstanding warrants conducted c. The local authority has already conducted, or intends to conduct, a premise inspection to insure that the applicant is 00 in compliance with, and aware of, liquor code provisions affecting their class of license. (date of inspecrion) 0 Il It not. does the authority want the state to conduct such an inspection. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. Wedoreportthat suchlicense, if granted, will meetthe reasonable requirements of the neighborhood andthe desires of the adultinhabitants, 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 Telephone Number U TOWN, CITY C COUNTY Signature Title Date i 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 - Â·Â·--of the board of county commissioners and thecterk tothe board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. BR 8404-1 (06/02) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD lu ue 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, Officers orÂ·other limited liability companymembers with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary.for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidenceregarding the character of the applicant. 1. Name of Business HERZAK, INC. dba INN AT ESTES PARK 2. Your Full Name (last, first, middle) 3. Ust any other names you have used. HERT, LARRY WAYNE 4. Mailing address (if different fromfesidence) - Home Telephone 970-928-9044 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER ~ CITY, STATE, ZIP : FROM 'TOÂ· ' Current . 714 SILVER OAK DR. GLENWOOD SPRINGS, CO 81601 7/94 PRESENT Previous j 6. Date of Birth Social Security Number (SSN) Place of Birth 7. U. S. Citizen? 5/23/39 498-34-9934 HUNTSVILLE, MO ~ Yes ~ No If Naturalized, state where When Name of District Court Naturalization Certificate Number Date of Certification 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 Driver's License? If so, give number & state 6,0,1 240 Brown Hazel M W E Yes m No co 92-101-2780 10. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE ~ RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER STEVE BALDWIN SON-IN-LAW OWNER KINSALE, INC. SUE BALDWIN DAUGHTER OWNER KINSALE, INC. gve you ever applied for,.held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or Jentory, to any liquor or beer licensee? If yes, answer in detail. Â® Yes m No 1988 had-a liquor license at Old Fort Motel, Ft. Morgan, CO - sold to Steve and Sue Baldwin 12. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in. criminal or military court or do you have any charges pending? (If yes, explain in detail.) U Yes E No .. 13. Have you ever received a violation notice, suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. El Yes 621 No 14. List all current and 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 31359 HWY 6 & 24 ENORMOUS. INC. GLENWOOD SPRINGS, CO 81601 ~ - ~ TREASURER 7/19/99 Present 805 SALIDA WAY 1ST CHOICE BOAT & RV STORAGE, AURORA, CO 80011 MEMBER 5/20/02 Present HERTÂ·DEVELOPMENT AND LLS 714 .SILVER OAK DR. MANAGEMENT. LLC CLENWOOT) SPRTNCS, CO 81601 MANAGER 9/12/01 Pregent 714 SILVER OAK DR. HERT ENTERPRISE, INC. GT,ENWOOD SPRINGS. CO 81601 PRESIDENT 10/13/94Present 1'5. Financial Information. ' Total purchase price$2,718,435.63 (if buying an existing business) OR list the total amount of your investment in the new busines*_ including notes, loans, cash, services or equipment, and operating capital $ Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amount CASH CHECKING AND SAVINGS ~ $2,241,006.f Loan Information (attach copies of all notes 08 loans) Name of Lender Address Term Security Amount N/A 16. Give name of bank where business account will be maintained; name the account will be maintained under; and the name or names of persons authorized to draw thereon. BANK OF COLORADO; HERZAK, INC.; LARRY HERT, ELAINE HERT, LILLIAN CIEZCZAK :FIRST NATIONAL BANK OF ESTES PARK; HERZAK, INC.; LARRY HERT, ELAINE HERT, LILLIAN CIEZCZAK Oath of Applicant 1 declare under penalty of perjury in the second degree that this application and all attachments aretrue, correct, and coh,plete to the- best - my knowledge. Authorized S~ture Title - Date L v#O- // -v PRESIDENT U . I 1 NAME OF EMPLOYER ADDRESS POSITION DATES Hert's 1St Choice Portable 714 Silver Oak Dr. Member 1/22/02-pres. Storage, LLC Glenwood Spgs, CO 81601 2nd Choice Vacation Club, LLC 51359 Hwy 6 & 24 Member 4/30/01-pres. Glenwood Spgs, CO 81601 DR 8404-1 (06/02) COLORADO DEPARTMENT OF REVENUE LIQUORENFORCEMENT DIVISION 1881 PIERCE STREET RM *08A DENVER CO 80261 1 - 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, Officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business HERZAK, INC. 2. Your Full Name (last, first, middle) 3. List any other names you have used. HERT, ELAINE MARIE 4. Mailing address (if different from residence) Home Telephone 970-928-9044 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP 2 FROM TO Current 714 SILVER OAK DR. GLENWOOD SPRINGS, CO 81601 7/94 Present Previous 162 W. 6th ST. GLENWOOD SPRINGS, CO 81601 4/83 7/94 , 6. Date of Birth Social Security Number (SSN) Place of Birth. 7. U. S. Citizen? 1/4/1932 521-34-9130 DENVER, CO E Yes El No If Naturalized, state where When . Name of District Court Naturalization Certificate Number Date of Certification 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 Driver's License? If so, give number & state 5' 2" 140 Brown Hazel F W El Yes UNo CO 92-101-2776 10. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU - - POSITION HELD NAME OF EMPLOYER STEVE BALDWIN SON-IN-LAW OWNER KINSALE PROPERTIES, INC. SUE BALDWIN DAUGHTER OWNER KINSALE PROPERTIES, INC. 6ve you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or ' Inventory, to any liquor or beer liceniee? If yes, answer in detail. Â® Yes ~ No 1988 had liquor license at Old Fort Motel, Ft. Morgan, CO. - sold to Steve and Sue Baldwin , 12. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offe.nse in criminal or military court or do you have any charges pending? (If yes, explain in detail.) E Yes il No . 13. Have you ever received a violation notice, suspension or revocation, f6r a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. U Yes Â®No 14. List all current and 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 51359 WHY 6 & 24 ENORMOUS, INC. - GLENWOOD SPRINGS,- CO 81601 STOCKHOLDER 7./12/99 Present 714 SILVER OAK DR. HERT ENTERPRISE. INC. GLENWOOD SPRINGS. CO 81601 VICE-PRES 10/13/94 Present 1701 N. LAKE AVE. .HERZAK, INC. .. ESTES PARK, CO 80517 - STOCKHOLDER 6/5/02 Present 15. Financial Inf.ormation. : Total purchase price $2.7 18.435.63 (if buying an existing business) OR list the total amount of your investment in the new business, including notes, loans, cash, services or equipment, and operating capital $ Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separafe sheet if needed. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amount CASH CHECKING AND SAVINGS 22,241,006 Loan Information (attach copies of all notes or loans) Name of Lender Address ' Term Security Amount N/A 16. Give name of bank where business account will be maintained; name the account will be maintained under; and the name or names of persons i authorized to dr'aw thereon. BANK OF COLORADO; HERZAK, INC; LARRY HERT, ELAINE HERT, LILLIAN CIEZCZAK 'FIRST NATIONAL BANK OF ESTES PARK; HERZAK, INC; LARRY HERT, ELAINE HERT, LILLIAN CIEZCZAK Oath of Applicant 1 declare under pehalty of perjury in the second degree-that this -application and all attachments are true, correct, and comblete to the best my knowledge. Authoriz,d Signature Title Date .~ 8 1/vt 0 ( AJAA STOCKHOLDER - DR 8404-1 (06/02) COLORADO'DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A 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, Officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavdrn License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business HERZAK, INC. DBA INN AT ESTES PARK 2. Your Full Name (last, first, middle) 3. List any other names you have used. CIEZCZAK, LILLIAN WANDA 4. Mailing address (if different from residence) Home Telephone 970-945-8888 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current 51823 HWY 6 & 24 GLENWOOD SPRINGS, CO 81601 9/26/1994 Present Previous 6. Date of Birth Social Security Number (SSN) Place of Birth 7. U. S. Citizen? 2/26/1960 330-62-4250 POLAND ~ Yes U No If Naturalized, state where When Name of District Court COLORADO MAY 7, 1999 DENVER, CO Naturalization Certificate Number Date of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 21857142 5/7/1999 8. Height Weight Hair Color Eye Color Sex Race 9. Do you have a current Driver's License? If so, give number & state 5'3" 170 Blonde Blue F W E Yes E No CO 95-249-0624 10. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. | NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER | N/A )lave you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? Ifyes, answer in detail. E Yes Â® No 1 12. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) ~ Yes ~ No .. 13. Have you ever received a violation notice, suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. U Yes ~ No 14. List all current and 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 1701 N. LAKE AVE. SECRETARY/ HERZAK, INC. ESTES PARK, CO 80517 MANAGER 6/5/2002 Present 51823 HWY 6 & 24 AFFORDABLE INN OF GWS GLENWOOD SPRINGS, CO 81601 MANAGER 1994 Prpqent 15. Financial Information. Total purchase price $ N/A (if buying an existing busine*s) OR list the total amount of your investment in the new business, inctuding notes, loans, cash, services or equipment, and operating capital $ Provide details of Investment. You must account for the sources of ALL bash (how acquired). Attach a separate sheet if needed. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amount N/A Loan Information (attach copies of all notes or loans) Name of Lender Address Term Security Amount N/A 16. Give name of bank where business account will be maintained; name the account will be maintained under; and the name or names of persons authorized to draw thereon. N/A Oath of Applicant 1 dedare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best my knowledge. - Authorized Signature . . _ . . .- Title . Date EL 0 - 049 4Â¢AL - SECRETARY/MANAGER 3|3102> - UU . April 2003 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: The application was filed April 1,2003 The Town has received all necessary fees and hearing costs. The applicants are filing as a Individual There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: Unscheduled X Scheduled (Date: April 18, 2003) MOTION: Move the Transfer Application filed by Cavender Andrews , doing business as CAVANAUGH PUB for a Hotel & Restaurant License be approved/denied. C]fl.11. . -1 . TOWN OF ESTES PARK Police Department <PORAN . b --u=.RAM,+DRf,2,1/479*TAÂ». -Â¢7---7C' 1119M 7$214Â£ Tiv ~,45,149 1 1 -N 1 February 6,2003 Rebecca van Deutekom, Deputy Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Gaslight Pub Hotel & Restaurant Andrews, Cavender A. DOB: 10/03/81 Dear Ms. van Deutekom: An Estes Park Police Department local records check based upon the name and date of birth on the above-named individual has been made. Please see the following information listed below: â€¢ 122999 Cavender Andrews was issued a Criminal Summons for a Controlled Substance Violation (for having less than one ounce of Marijuana.) Per the Municipal Court Clerk, he pled guilty and took a 6-month deferral. The charges were dropped after 6 months because he met the requirements of the deferral and took required counseling. â€¢ 011100 Cavender Andrews was issued a Criminal Summons for 3rd Degree Trespass. He pled guilty and paid a $50 fine. â€¢ 052900 Cavender Andrews was issued a Criminal Summons for Alcohol Violation (Underage Drinking), Citizen Welfare, Disturbance/Problem. He pled guilty to driving without a license, immediate possession and paid a $100 fine. â€¢ 010602 Cavender Andrews was a Suspect in a Trespass. No charges filed. â€¢ 093002 Cavender Andrews was a Suspect in a Theft. No charges filed. (970) 586-4465 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (970) 586-4496 TOWN OF ESTES PARK . Police Department. . ..r --- 41,444*1/Par" trfUtwaNW#7~~fiO"AR 1:* 1 1 4 , 7::.FL--94~.0~,~~~.1~J {~iR)l~i,~AIiy23,44/%&/**LY#~t"~# Â·.'Ck % ' '3>,E:Â¥32=SRâ‚¬=R. - . -/ eâ‚¬YX Sinp4ely* -/â€¢ Lowell C. Richardson Chief of Police, Estes Park Police Department (970) 586-4465 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (970) 586-4496 DR 8404 06/02) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUQR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER CO 80261 OR 3.2% FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION U NEW LICENSE ~RANSFER OF OWNERSHIP D LICENSE RENEWAL Â· ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN Â· APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) â€¢ LOCAL LICENSE FEE $ Â· APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-321-4164) -*-DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a [B'individual E Corporation E Limited Liability Company E Partnership (includes Limited Liability and Husband and Wife'Partnerships) U Association or Other 2. Name of Applicant(al If partnership, list partners'games (at least two); if corporation, name of corporation Fein Number CLAVENd,iA_ A . A.1-4 1.1,3 24 -1 i 209.73 2a.Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone CAVAN A(14 Ful 4 1-09-70X 25*470 -U77-0001 3. Address of Premises (specify exact location of premises) 240 A-40 A.AllvE AVE. city /- , County State ZIP Code 1231- th ~ AL{< LAA.<A 134 (-0. 9 06-,7 4. Mailing Address (Number and Street) City or Town State ZIP Code gO . Bax 2106 UTE; P AA.14 , CD 201-,1 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) Present State License No. Present Class of License Present ExMration Date GAS 1 lik-r ful 01-r 17*'*00.0 it+R r/1(/ 03 LIAB t Â· . SECTION A Nonrefundable. APPLICATION FEES ;9 LIAB r.. ~SECTION D . 3. CIQUOR LICENSE FEES *-00 El Application Fee for New License .............................. 900.00 1940Â· E Retail Liquor Store License (city) ......................... $227.50 2300 3 Application Fee-New License Concurrent Review.. 1000.00 1949' CJRetail Liquor Store License (county) ..................... 312.50 2310 E Application Fee for Transfer of Ownership ............... 900.00 )2980-1 E Liquor Licensed Drugstore (city) 227.50 4443 ,Â»3*rSECTIONB Â· ..Â·...... Â·:Â·'0.-3.2% BEER LICENSEFEES..:19*3 [3 Liquor Licensed Drugstore (county) .....................312.50 â‚¬1.Fr E Retail 3.2% Beer On Premises - (city) $96.25 '1960. U Beer & Wine License (city) . 351.25 2121Â· E Retail 3.2% Beer On Premises - (county) ................. 117.50 .1960 2 Beer & Wine License (county) .............................. 436.25 2122 E Retail 3.2% Beer Off Premises - (city) 96.25 :1970 EH& R License m city m county 500.00 2122 0 Retail 3.2% Beer Off Premises - (county) ................. 117.50 1980- EH&R License w/opt Prem m city Il county .......... 500.00 218 2 Retail 3.2% Beer On/Off Premises - (city) .................. 96.25 :1?PO. 2 Club License m city E county 308.75 2323 E Retail 3.2% Beer On/Off Premises - (county) ........... 117.50 42.010-9 E Tavern License m city m county............................ 500.00 '2020 2 Arts License El city m county ................................. 308.75 .Â·. SECTION C O . RELATED FEES AND PERMITSÂ· 1 .-t 2030 El Racetrack Licensem city m county..................... 500.00 1985-100 (999) E Addition of related Facility Permits to existing '2040 0 Optional Premises License El city 0 county ......... 500.00 Resort Complex license 1905 0 Retail Gaming Tavern Lic E city El county............ 500.00 $50.00 x Total Fee 2210-100 (999) E Retail Warehouse Storage Permit .................$100.00 -.19.75~ 2 Brew-Pub License 750.00 2220-100 (999) E Addition of Optional Premises to existing hotel/restaurant -1985 0 Resort Complex License .. 500.00 $75.00 x Total Fee . Afl E H/R - Tavern Manager's Registration................. $75.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Issued Through .Â·- . city . ..4. County . . (Expiration Date) Industry Type. Ucense Account Number f Liability Date FROM t TO State City County c Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) -750 (999) Cash Fund New License - Cash Fund Transfer License ~ - TOTAL 2300-100 2310-100 (999) (999) DR 8404 (06/02) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No' holders or directors if a corporation) or manager under the age of twenty-one years? EK 7. Has the applicant (including any of the partners, if a partnership; members or manager it a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcoholic beverage license? EX (b) had an alcoholic beverage license suspended or revoked? 0 9 (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? If you answered yes to 7a, b or c, explain in detail on a separate sheet. ' 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. 0 Â®. 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. 0 ki 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of EX Colorado law, or the principal campus of any college, university or 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 officers, stockholders or directors if a corporation)? H yes, identify the name of the business and list any 0% current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership, lease or other arrangement? 4 n U Ownership 'g Lease E Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant 1-Al. ING CAA) En,Jr!,A +1Â·Il liA 4.-d,1.,â„¢A El*Ri ju)13 Attach a diagram and outline the area to be licensed (including dimensions) which shows the bars, brewery, walls, partition<, en~ances, exits and what each 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 scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security 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, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. E * Number of separate Optional Premises areas reqi lesterl 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 Pharmacy? COPY MUST BE ATTACHED. O RT 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and m JX[ not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is UR operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? EM (Copy of notice or application must be attached) Date of Birth 17a. Name of Manager (If this is an application for a Hotel, Restaurant or Tavern License, the manager must also submit an Individual History Record (DR 8404-D 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. 00 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest El bf4 in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. iN DR 8404 (06/02) Page 4 ' ~19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DATE OF POSITION % OWNED BIRTH 20. Has the Applicant provided, or does the applicant intend to provide their staff with server training. (~~s~ No Additional Documents to be submitted by type of entity C] CORPORATION ~ Cert. of Incorp. ~ Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp,) ~ PARTNERSHIP C Partnership Agreement (General or Limited) j Husband and Wife partnership (no written agreement) E LIMITED LIABILITY COMPANY ~ Articles of Organization ID Cert. of Authority (if foreign company) U Operating Agrmt. L ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service It 1.-f.Â·%3'. FA-,1.i ~.3 . - i.% :~ I: 43~( 46 * :..i :-Â·4*37~*40* rA Â¤ F .A PP Lid*Wijb:44 : ~ uf~ 37 :Â·Ji~Â¤i4%7. : Â·0' 441~: 4 Ni-Â·R:~ 9,Â·.-tÂ· i.: .. ~ ~- - ; ;.;~~:. Â· pl, ; Â·, : Â·iÂ· Â·-: i.- - - ~ ~'"'4LF Â·' Â·- ~~'4-Â·:- ~.4 :Â·~Â·- 'N -fÂ·,42*Â·.' t. Â·t-'Mt.-TiÂ·.--::i'$-,Â·Â·:Â·Â·Â·Â·.,:Â·:>,Â·c'fe~.. Â·. Â·Â·*'1.'1'1.. 7.41%.1 ifÂ·~5?Â·'i't:.L...t~ '~jÂ·~~a-~.tr~ iÂ·..6~.'~'~,-t.t> -1>1;~jt?,4---:I~ Â·~ 9 declarÂ©jhdor:040.alty of perjuo#04hef@gwjk~degreetthatjiils dpplicAtion acid-ail NitactimAts,are 66,4rrecti akcomplete to/thd, best of,my.knBWIdd*. ~ilso-acknowledge that itis rriy rospondibilitii atidthe-risporisibilitvofmkaber# andemployees ( P.coffÂ¥ w#h me.*ovision~ofth.9.Colorado L,i~U9~Â·ofÂ·Â·BeetÂ£?od#api#84 affe82&ylic@kise.fi,Fit .31?-1.-Â·~ :i#~3-412Â·: ?fl - AuthorizedSignature / / Title Date / ~ thr- . M 23 LU /4 (201. 3/,1/ 82 *if44141.REPORÂ¥'ANDAPPROVAIL.OF 'LOCALILICENSING AUTHORIIY (CITY/COUNTY) .43 G..7>Â¢. 7-: .i Â·Â· Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less 0Â«j /; 62003 than 30 days from date of application 12-47-311 (1)) C.R.S. < Each person required to file DR 8404-1: Yes No a, Has been fingerprinted b. Background investigation and NCIC and CCIC check for outstanding warrants conducted 00 c. The local authority has already conducted, or intends to conduct, a premise inspection to insure that the applicant is 00 in compliance with, and aware of, liquor code provisions affecting their class of license. (date of inspection) 00 If not, does the authority want the state to conduct such an inspection. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do reportthatsuch license, if granted, will meetthe reasonable requirements of the neighborhoodandthedesiresof the adultinhabitants, 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 Telephone Number ~ TOWN, CITY E 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 clerkto the board. If, by ordinarice orotherwise, the local licensing authority is some other official, then such approval should be given by such official. OR 8404-[ (06/02) Â·Â·.D . /.h 'i Â·Â·r r COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCEÂ·STREET RM 108A DENVER co b0261 . r. -Â·2- 31Â·13 Â·- r * /,4 +... 3 INDIVIDUAL HISTORY RECORDÂ«Â« Ck ~completedÂ·by each individual applicant, all general partners of a partnership, all limited partners owning.10% Cor-more) of a.partnership; all officers and directorsof a corporation, all stockholders of a corporation owning 10% (or more) of the stock . :Â·of such corporationiall limited liability company MANAGING members, Officers or otherlimited liability company m-embers with a 10% (or more) ownership interest in such companyand all managers of a Hotel and Restaurant or a Tavern License. .NOTICE: This individual history record provides basic.information which is necessary for the licensing authority investigation. All questions must be answered in their- entirety or your. application maybe delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business OLD 0 4 3 63 Cr HT p.4 5 2. Your Fuft Name (last, first, middle) 3. List any other names you have used. *'01'Uo a_ â‚¬ 67 6, CA Uâ‚¬ A/Dâ‚¬rk, '44)-/6/2- 4. Mailing address (if different from residence) ~pme Telephone 02-316 F.0,409) 6514 5 4247Lk, C.0 O W/1 1 (974>-9 77 -9,0-13 5. List all residence addresses below. Include current and previous addresses forÂ·the pastfive years. STREET ANO NUMBER C , - CITY, STATE, ZIP FROM ' Â·- TO ~ Current â‚¬ 6 165 414 D-k / 00. , . NIA A-Ca 31 9 1 N wy. N '3 G L 7 0 5 \ 1 , 02* - p n-65 G Nn Previous - ---15< .CI) i,US *5 (-0 . 13Â®V r#f. C.'\A Y-45 6DorÂ« CM. ADâ‚¬. *4 - g 0 41'% 0) ' 0-L- .-2{3 1 Ll al 3 2 6571-45 PA.,4-K., C.tu .402 t117 KE - 'o ) 6. Date of Bidh Social Secotity Number (SSN) Place of Birth - 7.0.-S. Citizen? l40%~%1 -5/2.--2.-53-72-10 -95765 PAA_ 12_ ,-gNes BNo If Naturalized, state where . 1 When . Â· Name of District Court â‚¬ Naturalization Certificate Number Date of Certification= If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 8. Height - Weight . Hhir Color Eye Color Sex Race. 9. Do you have a current Driver's Ucehse? If.so, give number &Â·state -Â· Â·Â·' 5 & 04/40. 804 6 61 46 *t W K[Yes ENO 4 7 -13 5 -03 1 6 C.0. 10. List the name(s) of relatives working in or holding a financial interest in the Colorado. alcohol beverage industry. NAMEROF RELATIVE - . RECATIONSHIP TO YOU POSITION HELD ' Â· FI. NAME OF EMPLOYER .LL - - Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer. License, or loaned money, furniture or fixtures, equipment or ~ 6ventory, to any liquor or beer licensee? If yes, answer in detail, m Yes m No 12. Have you ever been convicted of a crime, or received a suspended senten@8 deferredÂ·sentence, or forfeited bail fgr any offense.in. crimEal or military court or do you have any charges pending? (If yes, explain in detail.) ~ Yes U No ...:.... AGG, {4(1 'LAVOLVGA 5,-J Hmer ?3 5(14001- OP-5,2)4~Â£Â») 0- PJA~~Â·â‚¬.~~iÂ°'~h ~ RAiLrhop_ DAJ CEA) SUBC? fte-=4) 6Â¢t ir.'6(14,541) T#AJC.-4~*~ A-6'0 ACâ‚¬Â© 179 204 FiAUL+J (1 -5Â· 4, 04 f 6YLSOJ, PL.6 0 6-\,cs~~f-9, PAd:50 * /00. Pla,/6 , 13.IHave.you ever received a violation notice, suspension or revocation, for a liquor law violationÂ·, or have yoG applied for or been deniedÂ·a liquor or beer license anywhere in the U.S.? If yes-, explain-in detail. Â· Â· D Yes UNo . 14. List all current and former employers or businesses engaged in within the last five years (Attach separate. shee.t if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO ~~ ; CAA/4613Â·A 5 - - - - - ense..c.tel< .1.02 0-1- Â«150 A/1416 4 ~ *004 fl- 5 . . , /01 191 v Ceo 74 :549 A) 09 1304/1-01,+Quk 0172--11 - epO '24 - An.8.9 ...: Al'\65+ p L.. 96 -Ott; Â· 15. Financial Information. , 9.0 f Total purchase price $ 2-41 0-00 Â·- Â·- - Cif-buying an existing business) OR list the total amount of your investment in the new business: ~ ; including hotes, Ibans, cash, services or equipment, and operating capital $ Provide d6tails of Investment. You mOst account for the sources of ALL cash (h-ow acquired). Attach #1 separate stiddt if needed. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amount U AC,~ </.41 A,10.14 1 #46 Ei#*AVIC# b 6rt Ct-AilgAN IC Erâ‚¬1 ~Ati<,-Â£ O- Â·FaVAA _1 621.J.,-AÂ«,JU4.644 -1 Al,acti~f AdALL<,8 4--c,16Â¥,Â·66,9 - --- /00760* 9 4 01=* 4 1 NU~*LAU & 4 00 19 0 S-eli Loan Inform,ation (attach copies of all notes or loans) Name of Lender Address Term Security Amount ~ 1-6.. Give name of bank where business account will be maintained;.name the account will be maintained under; and the name or names of persons Â£ authorized to draw thereon. < L)651-91-ABL 64/2- 64 F,444'ft/?62 /5414, 642& #JOGn_ 4-JOLL&,25 1 A-J04 4 44 Drl.-6 vÂ© Oath ofApplicant } declare Â·under penalty of perjury in the second degree that this application and all attachments are true,-correct, and complete to the best my knowledge. Authorized Signature i Title Date / , 9.kn- 14~0- A'\Ad A Crgr~ 9/1/9 Blizzard of 2003 Snow Removal Cost/Expense Information Streets & Parks Equipment â€¢ Approximately 15 vehicles, including both front-end loaders; all two-ton trucks; grader; pickups; Bobcats; etc. Labor: â€¢ 12 plow drivers (including Tim Mayhew who came in on his vacation); Ron Duell from the Estes Park Sanitation District; and three Fleet Department support personnel. (It should be noted that Dave Mahany also came in during his vacation to help with the snow removal.) â€¢ Private contractors who helped with removal of the Elkhorn snow ridge (including A-1 Excavating, Kitchen and Company, and Scott Miller Concrete). Some bills are continuing to come in BLIZZARD OF 2003: INTERNAL AND EXTERNAL COSTS ITEM INTERNAL EXTERNAL Veh icle costs: (depreciation/repairs/cost per mile/etc.) $35,975 Fuel $4,000 Sand $5,000 PW/L&P Dept. regular labor $15,050 PW/L&P Dept. overtime labor $30,200 Contractor/EPSD help $3,710 Towing *$500 Food for crews (PW/L&P Dept.) $500 L&P materials** $3,382 G.L. Hoff (Riverside Project delays) $2,262 SUBTOTALS: $51,025 $49,554 GRAND TOTAL OF INTERNAL & EXTERNAL EXPENSES: $100,579 * An estimate at this time ** Two transformers were hit by snow plows during the storm; and one streetlight was knocked down by a vehicle. f 1 . Thorp Associates, P.C. Architects and Planners DESIGN SERVICES PROPOSAL Project Name: Estes Park Performing Arts Center / Park Theater - Park Center Mall Remodel Conceptual Design Services Client's Address: Mr. Wil Smith, Executive Director Estes Park Urban Renewal Authority P.O. Box 1200 Estes Park, Colorado 80517 Date: April 17,2003 I. SCOPE OF WORK To Provide Concept Design Services For Two Related Projects: A. A 500 seat cultural arts theater with backstage rehearsal space, support and shop areas, multipurpose spaces, lobby and public service area, coordinated into an expanded EPURA Riverwalk design B. Renovation and remodel design of the Park Theater and Shops, as well as remodel design of the Park Center Mall, to incorporate extension of the Riverwalk design C. Major Consultants to be utilized during this Conceptual Design Phase include Semple Brown Design, P.C. and the Greig Steiner Design Studio, both as theater technical and design specialists. II. DESIGN SERVICES The Design Team will work in partnership with the Estes Park Urban Renewal Authority and cultural arts groups within the community of Estes Park. The Scope of Work will generally proceed in the following phases: A. Establishment of Design Parameters 1. Structural and historical analysis of existing Park Theater Building 2. Review of available topographic and demographic information, as well as any existing drawings and documentation on the Park Center Mall and Park Theater buildings 3. Meet with EPURA and community arts representatives to obtain programmatic input 4. Participate in a tour of comparable theater facilities and facilitate 'a discussion about the attributes and issues of those facilities 5. Prepare a draft building program based upon the programmatic input of the cultural arts community and theater consultants B. Conceptual Design and Renderings 1. Prepare conceptual design drawings for a theater facility meeting the program requirements and coordinated with the expanded Riverwalk design. 2. Prepare conceptual design drawings of Park Theater renovation and Park Center Mall remodeling alternatives, integrated into the expanded Riverwalk design. 3. Meet with appropriate EPURA staff and community representatives to review preliminary concepts and document additional input 4. Prepare the following drawings / graphic displays suitable for public promotion of the projects to the community a. Preliminary Site Plans b. Building Elevations 131 Stanley Ave. #100 â€¢ PO Box 129 â€¢ Estes Park, CO 80517â€¢970.586.9528â€¢303-534-1378 (Metro)â€¢Fax:970.586.4145â€¢thorpassoc.com 9 .t + c. Study 3-D CADD Models d. Interior Sketches of the Primary Theater with a Space Diagram of the Facility Layout C. Other Services 1. Provide an Opinion of Probable Cost of the facilities described and shown in the Conceptual Design Drawings 2. Participate in Public Input Meetings to solicit community comment on the proposed design 3. Present the Design to a meeting ofthe Board ofthe Estes Park Urban Renewal Authority III. FEES A. Design Fees Design Fees for the services outlined above will be Fifty-Four Thousand Five Hundred Dollars ($54,500.00), broken out as follows: Performing Arts Theater $41,500.00 Park Theater Renovation $ 7,000.00 Park Center Mall Remodel $ 6,000.00 Total: $54,500.00 The above services will be invoiced monthly based on the percentage of completion. B. Reimbursable Expenses Reimbursable Expenses are in addition to the professional architectural design services and will be invoiced at 1.1 (110%) times actual expense. Reimbursable expenses include such items as long distance telephone and facsimile communications, fees paid to regulatory agencies, courier, freight and postal services, photography, digital imaging, materials, rental of equipment to perform services, travel expenses, reproductions, blueprints and other documents, and other direct project expenses. Consultant Expenses not billed directly to the Client will be charged at the Architect's cost times a factor of 1.1 (110%). C. Additional Services Services performed outside the Scope of Work outlined above will be invoiced as Additional Services at our then cufrent hourly rates, or a negotiated Lump Sum Fee. IV. OTHER TERMS AND CONDITIONS A. The Client shall provide full information regarding requirements for the Project and the Architect shall be allowed to rely upon this information for accuracy. B. The Client shall designate an authorized Client's Representative to act on the Client's behalfwith respect to the Project. C. The Client shall furnish the services of other Consultants when such services are reasonably required by the Scope ofthe Project and are requested by the Architect. D. Any documents prepared by the Architect for this Project are instruments of the Architect' s services for sole use with respect to this Project. The Architect is the author of these documents and retains all rights. The Client shall not use these original documents for other Projects. The Client may use those documents for additions to this Project, or for completion of this Project by others if the Architect has been paid in accordance with all of the terms of this Agreement. E. If the Client delays payments due the Architect more than thirty, (30) days from the invoice date, the amount due shall bear interest, compounded monthly from the date of the payment is due, at the rate of two percent (2%) per month on the unpaid balance, but in no event shall the rate owed exceed the statutory usury rate in effect in Colorado. F. This Agrbement may be terminated, suspended or abandoned by either party upon seven (7) days written notice to the other party. In the event of termination, the Architect shall be compensated for all services performed prior to such date, together with Reimbursable Expenses then due and all other expenses directly attributable to termination, suspension or abandonment. 2 , G. Inasmuch as the remodeling and/or rehabilitation of an existing building requires that certain assumptions be made regarding the existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money, or destroying otherwise adequate or serviceable portions of the building(s), the Client agrees that, except for negligence on the part of the Architect and/or his Consultants, the Client will hold harmless, indemnify and H. defend the Architect and/or his Consultants from and against any and all claims arising out of the professional services provided under this Agreement. I. This agreement represents the entire and integrated Contract between the Client and Architect, and supersedes all prior agreements. This Agreement may be amended only by a written instrument signed by both the Client and the Architect. Respectfully submitted, Rogep!4. fherp, , ARB, CrresNent TH(~P ASS))CIATES, P.C., A;chitecks and Planners Chairman Date Estes Park Urban Renewal Authority Enc. 3