HomeMy WebLinkAboutPACKET Stanley Park Committee 1986-08-25STANLEY PARK COMMITTEE
Monday, August 25, 1986 - 2:00 P.M.
AGENDA
1, Lions Club Contract.
2, Chamber of Commerce Contract (Arapaho Homecoming).
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3. I.A.F.E. Fair Managers Conference - December 1 1986
(Scott and Dill).
4. P.IRC:A,qonference - December 1 4, 1986 (2 Representatives
from Horse Show and Rodeo Committee),
5. Estes Park Horse Show and Rodeo Committee/Task Force -
Indoor Arena.
PRO -FORMA BUDGET FOR STANLEY PARK:
YEAR ONE WITH MULTI -PURPOSE INDOOR ARENA
Prepared by:
Estes Park Horse Show
and Rodeo Committee
August 21, 1986
SUMMARY OF REPORT
At the request of the Stanley Park Committee, the Horse Show and Rodeo
Committee (HSRC) has prepared a pro -forma budget for the first year of
operation of the fairgrounds with a multi -purpose indoor arena.
This budget is based on consideration of estimated capital construction
costs (and related annual debt service), projected increases in annual
operating expenses, and projected increases in revenue. The budget is
summarized below:
Table I
Summary of Pro -Forma Budget
for Stanley Park Fairgrounds:
Year #1 with Indoor Arena
Projected Expenses
General
Operating
Capital
Total Expenses
Projected Primary Revenue
Projected Secondary Revenue
Total Revenue
Net Gain or (Loss)
285,525
88,900
274,320-326,752
648,745-701,177
43 8, 670
206,588
645,258
( 3,487 - 55,919)
The projected revenue does not include a general fund transfer
(subsidy) from the Town of Estes Park. Therefore, according to the
projections, the amount of the Town' s -subsidy would decrease from $167,580
(the transfer budgeted for 1986) to $3,487 - $55,919 for the first complete
year of fairground operation with the new arena.
CAPITAL EXPENDITURE ESTIMATES
Several building contractors, capable of construction of the indoor
arena, have been contacted to obtain working estimates of capital costs.
Detailed estimates were obtained from two contractors with whom the committee
has consulted frequently on this project. The firms are ACME Steel Buildings,
Inc. of Golden, CO, and Colorado Systems Construction Co. of Berthoud, CO.
The advance specifications provided to the two companies were initially
comparable. However, due to further refinements in building design and
capacity resulting from HSRC input, the cost estimates by the two companies
are not directly comparable. They do, however, provide a useful update and
serve as a basis from which to project annual debt service if the arena were
financed.
Estimates provided by the two contractors were consistent on the
following major features:
• Structure Size: 300' x 175' per Master Plan
. Fully insulated
. Fully heated
. All lighting and electrical circuits and fixtures
• Foundation and floor areas
• Firewalls where required
• Restrooms and plumbing rough -in for concession area
. All interior and exterior doors
▪ Fixed grandstand seating for 2000-2500
• Safety fence
. Building erection
▪ Blueprints/Design fees
• Performance Bond
The estimate provided by ACME Buildings Systems was a total of
$896,387.00 (refer to Appendix A for building specifications) .
The estimate from Colorado Systems Construction was a total cost of
$1,085,261.00 for arena construction. In addition, at the request of the
HSRC, CSC included an additional estimate for a removable solid floor system
for the building at a cost of $106,299.00. Thus, the total estimated cost
including the floor system is $1,191,560.00. (Refer to Appendix B for
building specifications).
Neither of the above estimates include drainage improvements (per
Master Plan) or the cost of running the utilities to the structure. These
additional costs were estimated by the Town of .Estes Park to be as follows:
Storm Sewer (Drainage) $300,000
Water Line 80,000
Electrical Line 1,500
Sewer 12,500
Sub Total: $395,000
Contingency: -5, 000
Total $400,000
(Verbal estimate received from M. Vavra
per R. Widmer 6-17-86)
For purposes of this report, the higher cost estimate provided by CSC
was used on the basis for subsequent debt service calculations. Therefore,
total capital costs, rounded to the nearest 100,000, are estimated to be as
follows:
Arena Construction
Drainage and Utilities
Total Construction Cost
$1,200,000
400,000
$1,600,000
EXPENSE PROJECTIONS
For municipal accounting purposes, expenses are grouped under one of
three categories: general, operating and capital. Projected expenses by line
item for the first complete year of operations with the indoor arena are
identified in Table III. Column 1 indicates items budgeted for 1986. Column
2 shows the projected incremental increase in expenses for cost centers
affected by the indoor arena. This information is summarized in Table II:
Table II
Summary of Projected Expenses for Stanley Park:
Year #1 with Indoor Arena
1986
Item Budget
General Expenses 178,372
Operating Expenses 55,800
Capital Improvements 108,360
Total Expenses: 342,532
Incremental
Increase:
Arena
107 ,153
33,100
165,960-218,392*
287 , 693-3 40,125
Proj ected
Total
Expenses
285,525
88,900
274,320-326,752
630,225-682,657
*Annual Debt Service for Arena Construction
According to the projections, construction of the indoor arena would
result in an 84% - 100% increase in annual expenses at Stanley Park. Nearly
60% of this increase consists of the annual debt service if the arena were
financed. (Note: Annual debt service is expressed here as a range since the
annual figure varies with the financing option selected).
Of the non -capital expenses projected to increase because of the arena,
43% are directly related to a major expansion in the area of marketing,
promotion, and advertising. As noted in Table III, a new position is proposed
for a marketing director. Creation of this position is considered critical to
the success of the arena. One additional full-time maintenance position has
also been budgeted.
REVENUE PROJECTIONS
GENERAL
Primary and secondary revenue is projected for the first complete year
of operations with the indoor arena.
Primary Revenue
Primary revenue is defined herein as revenue generated by exhibitors
and spectators on the grounds. Primary revenue would be from the following
sources:
Arena Rental
Horse Shows
Indoor Arena: ay. $400/day
Outdoor Arena: ay. $200/day
Warm-up Arena: ay. $ 75/day
Commercial Rental
Indoor Arena:
Outdoor Arena:
ay. $400/day
ay. $200/day
Non -Profit Organization Rental
Indoor Arena: ay. $200/day
Outdoor Arena: ay. $ 75/day
Warm-up Arena: ay. $ 38/day
• Stall Rental
New Stalls:
Old Stalls:
$6.00/day
$4.00/day
• Feed Sales (projections based on gross
revenue of $360/horse show day-
1985 data)
• Commercial Exhibit Space Rental -
(projection based on gross
revenue of $100/horse show day)
. Camper Hook-ups: $7.50/day
▪ Meeting Room Rental: $100/show or event
▪ Ticket Sales
• Concession Stand: (projections based on net
revenue of $100/show day
1984 data)
. Box Seat Sales
. Program Sales
. Advertising Sales
. Parking
. Other
- e.g. Compost Sales
Secondary Revenue
Secondary revenue is defined herein as sales tax revenue generated in
the Estes Park Area by Stanley Park exhibitors or event participants. For
purposes of this report, it was assumed that Stanley Park exhibitors spend an
average of $75 per exhibitor per day during their stay in the community. This
figure is consistent with studies conducted by the American Horse Council, the
Oklahoma City Chamber of Commerce, and was the figure used by BBC in their
1983 study of the arenas financial feasibility.
-4-
Revenue projections are organized into one of four categories:
. Horse Shows
. Other Animal/Livestock Shows
• Commercial Events
Non-Profit/Local Use
REVENUE PROJECTIONS - HORSE SHOWS
Horse shows have been and will likely continue to be the major source
of primary revenue at Stanley Park. For purposes of this study, we have
included the following types of shows and related projections.
. Existing Horse Shows - Shows that already use Stanley Park
but increasing the number of horses and exhibitors based
on information supplied by show officials.
▪ Return Shows - Shows that have used Stanley Park in the
past, are going elsewhere now, but have indicated that
they would return if we had an indoor arena.
. New Shows - Shows that have never been to Stanley Park,
but have indicated that they would show here if an indoor
facility were available.
Primary and secondary revenue for each projected horse show is detailed
in Table IV. Projected days of use by the horse shows for year one are 78;
projected primary revenue is $266,529; and projected secondary revenue is
$170,550 (see Table IV).
REVENUE PROJECTIONS - OTHER ANIMAL/LIVESTOCK
The HSRC has programmed an additional 21.5 use days for animal shows
not involving horses. The projected days of use are based on actual contacts
with potential users.
The HSRC is presently negotiating to serve as the site for the annual
convention held by the Rocky Mountain Llama Association. Letters are already
on file from two cattle shows that would be held at Stanley Park if the arena
were available. Contact has been made with the Onofrio organization in
Oklahoma City, the largest producer of dog shows in the country. According to
their representatives, Stanley Park would be a ideal show location with the
indoor arena.
Primary revenue from this event category is projected at $33,851 and
secondary revenue at $33,038 (see Table V).
REVENUE PROJECTIONS - COMMERCIAL EVENTS
A major departure from prior analyses of arena feasibility is the
programming in this report of substantial use by non -horse related activities.
A total of 36 use days are projected for commercial events.
An RV jamboree was successfully held during the 1986 Stanley Park show
season. The HSRC is already pursuing the booking of additional RV events for
the 1987 season. (Note: Secondary revenue for RV event participants was
based on $25/participant/day).
The HSRC has already obtained consultation from a major Denver promoter
regarding concert use. Net concert revenue is based on projections supplied
by this promoter and assumes a $15,000 act with sales of 60% of available
grandstand seating. Two such concerts have been projected.
Letters are on file at the fairground's office from car clubs seeking a
large indoor facility for shows.
Primary revenue has also been projected for an arts and crafts show.
This type of show was successfully held in conjunction with the 1986 Rooftop
Rodeo.
A total of $64,900 in primary revenue and $3,000 in secondary revenue
has been projected for these events (see Table VI).
In addition, the HSRC has programmed in 20 days of use by other
commercial events (e.g. festivals, conference and convention use, etc). No
attempt has been made at this time to project revenue for these events.
REVENUE PROJECTIONS: NON-PROFIT/LOCAL USE
The HSRC believes strongly that a multi -purpose indoor facility has the
potential for extensive use by local non-profit, civic, or governmental
entities.
A total of 111 days of use has been projected for this category. Days
of use by organization are rough approximations only and do not represent a
commitment by any identified user.
As noted earlier, facility fees for non-profit groups are established
at 50% of the rate charged to all other users. Primary revenue for this
category is projected at $23,390. Secondary revenue does not apply to the use
category.
REVENUE PROJECTIONS - SUMMARY
Summary totals for all revenue categories are presented at the bottom
of Table VII. Total primary revenue is projected at $438,670 and secondary
revenue at $206,588 for a grand total revenue projection of $645,258.
FINANCING ALTERNATIVES
As noted previously, the total cost of arena construction is estimated
at 1.6 million. There are three primary options for financing construction:
general obligation bond, sales tax revenue bond, or a lease with option.
General Obligation Bond
Bond counsel for the Town of Estes Park (Boettcher and
Co.) has provided debt service estimates on both a 15
year and a 20 year amortization schedule.
The average annual debt service for the 20 year term
is $168,206 and the 15 year term would average
$189,394.50. (See Appendix C).
Use of a G.O. bond would require a property tax
increase for residents of the Town of Estes Park.
Sales Tax Revenue Bond
Bond counsel also prepared debt service estimates for
a sales tax revenue bond for a 15 year and 20 year
amortization schedule.
The average annual debt service for a 20 year term is
estimated at $193,567, and the 15 year term would
average $219,925.
A sales tax revenue bond would not increase taxes, but
would earmark a portion of existing sales tax revenue
to fund the debt service.
Lease With Option
The BBC study identified a lease with option as an
alternative for construction financing. Under such an
arrangement, private investors finance construction of
the building on the condition that the Town enter into
a long term lease. The lease would provide for a
purchase option according to terms specified therein.
Colorado Systems Construction Co., which provided a
set of construction estimates for the arena, has made
a concrete proposal to the Town for a lease with
option. According to CSC, the investors for this
arrangement have already been identified.
As proposed, the Town would enter into a 25 year lease
at $192,000 per year. The purchase option could be
exercised at any time during the lease at terms
specified in the proposal. (See Appendix D).
It is the concensus of the HSRC that if bond financing were utilized
for arena construction, then a sales tax revenue bond is preferable to a
general obligation bond. A G.O. bond places the burden of debt service on the
property tax. One of the major arguments for construction of the arena is the
increased retail sales activity attributable to arena users/spectators. It is
the contention of the HSRC that it would be more equitable to place the burden
of debt service on the sales tax dollars generated by those using the
facility.
Although there may be other factors to consider, the lease with option
arrangement as proposed does not appear to offer any advantage to the Town
from an annual expenditure standpoint.
CONCLUSION
Based on the projections contained in this report, the HSRC believes
that construction of a multi -purpose arena would be a sound investment for the
Town of Estes Park. It is estimated that, despite the annual debt service and
increases in operating expenses, the revenue generated on the grounds and
through the sales tax in the first complete year of operation would actually
reduce the level of the Town's current subsidy of Stanley Park.
The HSRC urges the Stanley Park Committee to take the necessary actions
to ensure arena construction at the earliest possible date.
-ABLE III
PROJECTED EXPENSES FOR STANLEY PARK
YEAR 41 WITH INDOOR ARENA
1986
Budget
Incremental
Increase
Arena
Projected
Total
Expenses
GENERAL EXPENSES
Salaries - Manager
Salaries - Other
Salaries - 1 Mark./Promo
1 Maintenance
Fica, Peca, Fringe Ben.
Maintenance
Repair
Utilities
°romp., Advert,, Travel
Supplies - Office
Miscellaneous
Legal - Audit
Contingency
Insurance
Vehicles
30,660
45,990
24,000
12,480
17,050 7,773
5,000 5,000
25,000
11,500 25,000
6,000 14,000
3,300 4,000
3,000 600
700 800
10,172
13,000 13,000
7,000 500
30,660
45,990
24,000
12,480
24,823
10,000
25,000
36,500
20,000
7,300
3,600
1,500
10,172
26,000
7,500
Subtotal
OPERATING EXPENSES
Livestock Contracts
Security - Tickets Labor
Purses
Cost of Feed Use
Horse Show Payments
Tickets
Trophies - Gifts
Sign Cost
Misc. - Trash
Advertising
178,372 107,f53
15,000
2,500 3,000
5,600
12,600 12,500
4,700 600
1,100
800
500 5,000
2,000 2,000
11,000 10,000
285,525
15,000
5,500
5,600
25,100
5,300
1,100
B00
5,500
4,000
21,000
Subtotal
CAPITAL EXPENSES
Debt Service Indoor Arena
All Other Capital
55,800 33,100
88,900
High/Low Range High/Low Range
165,960 218,392 165,960 215,392
108,360 108,360 108,360
Subtotal
108,360 165,960 218,392 274,320 326,752
TOTAL EXPENSES 342,5322 306,213 358,645 648,745 701,177
08-14-86
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PRO -FORMA BUDGET FOR STANLEY PARK:
YEAR ONE WITH MULTI -PURPOSE INDOOR ARENA
APPENDICES
A. ACME STEEL BUILDINGS: CONSTRUCTION COST ESTIMATE AND
BUILDING SPECIFICATIONS
B. COLORADO SYSTEMS CONSTRUCTION CO.: COST ESTIMATE AND
BUILDING SPECIFICATIONS
C. BOETTCHER & CO.: DEBT SERVICE ESTIMATES
D. COLORADO SYSTEMS CONSTRUCTION CO.: LEASE/PURCHASE
PROPOSAL
ill
APPENDIX A p. 2 of 3
233 Fawn Street. Golden, Colorado 80401
279.3011
STEEL BUILDINGS WONDER TRUSSLESS BUILDINGS
Page 2.
ACME STEEL BUILDINGS, INC.
BUILDING and ASSESSORIES Quotation:
175'x300'x20' Clear Span Gambrel Roof APACHE Industries, Inc. Building
40Lb. snow — 30Lb. wind loadings.
280 L.F. Ridge vents with dampers and bird screens.
Two (2) 60" single phase exhaust fans capable of exhausting four (4)
airchanges per hour. (A total of 83,200 C.F.M. needed).
Nine (9) 6070 an doors with panic hardware.
Two (2) 3070 man doors with panic hardware.
Four (4) 14'x161 insulated overhead doors with z hp. electric
operators. 3" track.
300 L.F. 51 plastic side lites in metal wall portion of structure,
300 L.F. concrete block fire wall insulated.
6"- R-20 Thermo —shell lite, 'vinyl reinforced white vinyl backed
fiber —glass metal building insulation in roof.'
3" R-10 vinyl reinforced, white vinyl backed metal building
insulation for walls with all laps glued to 4" wide
trim strip for a complete thermal break system.
FOUNDATION fF5IGN:
8"x24" re—inforced concrete wall for perimeter of building.
7'x7' pads with proper size piers for building columns tied with 4-1"
rebars encased in concrete from column to column.
Excavation for foundation and backfill.
Designed for 2,000 p.s.i. soil and could change with soils report.
ELECTRICAL SPECIFICATIONS:
Lighting requirements are for amateur rodeo specifications which require
30 feet candle of light.
88 — White light metal halid 400 watt fixtures, 10 of which have quartz
back—up systems for instantaneour light.
APPENDIX A p. 3 of 3
ACME STEEL BUILDINGS, INC.
233 Fawn Street. Golden, Colorado 80401
279 •3011
STEEL BUILDINGS WONDER TRUSSLESS BUILDINGS
Page 3. — ELECTRICAL SPECIFICATIONS CONTINUED:
12 — Exit lighting at exit doors.
10 — 120 volt outlets.
4 — Overhead door operators.
225 Amp. single phase breaker panel with bolt on breakers.
Serrice figured to outside of building.
Primary to building not included.
All design, engineering, calculations and blueprints for the building
shell are included in estimate at a cost of $3,500.00.
Performance Bond included.
TOTAL ESTIMATED COST --- $672,000.00.
Deduct for alternate insulation package using 4" insulation in roof
opposed to 6" --- $25,700.00.
C2-ed) 4`Fe(t 387i °-6
APPENDIX B p.l of 9
COLORADO SYSTEMS CONSTRUCTION CO.
120 Bunyan Avenue
Berthoud. Colorado 80513
(303) 532-2050
PROPOSAL/CONTRACT
PROPOSAL CONTRACT NO. 052386-1
Estes Park Horse Show & Rodeo Committee
P. 0. Box 866, Estes Park, Colorado 80517
Building Site: Estes Park Fairgrounds
(303) 586-2864
June 2, 1986
A. Building:
1. One - "RF" 175' x 300' x 25' Pre-engineered Steel Building
System.
2. Building designed for 40 lb. Live Load and 90 MPH exposure "C" Wind Load.
3. Building to have 24 GA Steel white standing seam 1/12 gabled roof.
-. Building to have 26 GA Steel Colored walls. (Color to be selected from
standard colors by Owner).
5. Exterior walls to he one hour fire rated.
6. Decorative natural rock prefab panels as shown on CSC drawings.
B. Exterior Wall and Roof Accessories:
1 Two - 14' x 14' steel insulated and weatherstripped electrically operated
overhead doors.
2. Three - 10' x 12' steel insulated and weatherstripped electrically operated
overhead doors.
3. Three - 3070 and Three - 6070 steel entrance doors with panic hardware, closer,
threshold and weatherstripped.
4. Sixty - 2' x 4' insulated plastic domed skylights in roof.
5. 600 ft. of eave gutter and 30 downspouts.
APPEI,DIX B
Sheet 2 of q
6. Two - 175' x 5' endwall canopy. (Soffited with colored steel panels).
7. Roof insulated with 8" and walls insulated with 4" fiberglass w/vinyl
back.
8. Permit drawings and soil test with Colorado Engineering Seal.
9. Steel bleachers with wood seat and foot boards for 2,000 plus two small
sections for contestants.
C. Foundation and Concrete:
I. Engineered spread footing foundation assuming 2,500 P.S.F. non expansive soil
and using 3,000 P.S.I. concrete.
2. 21,300 sq. ft. of 5" reinforced concrete floor on 2" sand base.
3. All necessary anchor bolts.
4. Saw cut crack control joints.
5. 1" x 24" rigid insulation board all around exterior foundation.
6. One coat of clear sealer.
7. No rock or frost ripping or water removal is included in proposal.
D. Electrical:
1. 600 amp 115/208 VAC 3 phase service panel.
1. 60 - 400 W high bay mercury vapor lights.
3. 10 - 2
x 4' 2 tube fluorescent surface mount light fixtures.
- restroom fans and lights.
5. 30 - 115 VAC duplex outlets.
6. 6 - exterior wall mounted light fixtures on photo cell.
7. Book -up of heaters, exhaust fans and overhead door operators.
8. Electric company hook-up to building is not included.
E. Heating:
1. 17 - 100,000 BTU gas fired infra -red high intensity heaters.
- 8,000 CFM exhaust fans.
3. -. - 36" intake louvers.
APPENDIX B
Sheet 3 of 9
4. 8 - electric baseboard heaters for restrooms and concessions.
F. Plumbing:
1. 8 - floor mounted tank type water closets.
2. 8 - wall hung lays.
3. 2 - 15 gallon and 2 - 40 gallon gas hot water heaters.
4. 4 - wall hung urinals.
5. 12 - sill cocks.
6. 6 - floor drains.
7. 4 - free standing electric drinking fountains.
8. Sewer, water and gas lines stubbed out of building only.
9. Taps, meters and hook-up are not included.
10. 2 - fiberglass slop sinks.
G. Interior Construction:
1. Partition layout to be per CSC drawings.
2. Partition construction to be METAL.' studs Z411 on center and covered with
gyp. board taped, textured and painted.
3. Ceiling to be 7'6" high suspended 2' x 4' grid with drop -in tiles or textured
gyp. board.
4. Floor covering in restroom areas to he vinyl asbestos tile.
5. Interior doors to be hollow metal.
6. Restroom to have handicapped hardware, free standing toilet metal partitions,
toilet paper holder, and mirror.
7. Counters to have formica tops.
H. Site Work:
1. Clear and scrub building pad of existing growth.
2. All necessary compacted fill and/or excavation to bring building pad to rough
grade.
3. 2 - 16' x 10' and 3 - 12' x 10' concrete aprons.
.21
APPENDIX B
Sheet 4 of 9
4. 3 - 8' x 4' and 3 - 4' x 4' sidewalks.
I. Fire Sprinkler:
1. Complete normal hazard wet fire sprinkler system with water main stubbed out of
building only. Note: System is estimated assuming 65 ib. static pressure and
2500 GPM flow.
APPENDIX B
STANDARD GENERAL CONDITIONS
(Unless Otherwise Specified)
Sheet 5 of 9
ti
Surveys
1. The Owner shall furnish a certified land survey showing boundaries, contours, legal
description, deed restrictions, improvements, and full information concerning the
project site, including the full names and addresses of all persons and entities with
any interest in the land and an explanation of the quantity and quality of each such
interest therein.
Work
2. The term Work as used in the Contract Documents includes all labor necessary to produce
the construction required by the Contract Documents and all materials and equipment
incorporated or to be incorporated in such construction.
Design Development
3 At the time this Agreement is executed, the Contract Document drawings and
specifications may not be fully detailed for construction purposes, and may not
have been submitted to any government agencies for permit issuance. In this
event, the Contractor shall promptly have completed such required drawings and submit
them to the Owner and to the appropriate government agencies for approval. If either
the Owner or any authorized governmental agency requires that changes be made that are
at variance with the Contract Document drawings or specifications, a Change Order as
described below will be executed.
Contractor
4. The Contractor shall give all notices and comply with all laws, ordinances, rules,
regulations, and orders of any public authority bearing on the performance of the Work.
If any such requirements are at variance with the drawings or specifications or any
other provision of this Agreement, the Contractor shall notify the Owner and a Change
Order as described below shall be executed.
5. The Contractor shall supervise and direct the Work using his best skill and attention.
The Contractor shall he solely responsible for all construction means, methods,
techniques, and for coordinating all portions of the Work under the Contract.
6. Unless otherwise specifically noted, the Contractor shall provide and pay for all
labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for the proper
execution of the Work.
7. The Contractor shall at all times enforce strict discipline and good order among his
employees, and shall not knowingly employ on the Work any unfit person or anyone
not skilled in the task assigned to him.
8. The Contractor warrants to the Owner that all materials and equipment incorporated in
APPENDIX B
Sheet 6 of 9
the Work will be new unless otherwise specified, and that all Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents.
9. The Contractor at all times shall keep the premises free from accumulation of waste
materials or rubbish caused by his operations. At the completion of the Work, he shaa.l
remove all his waste materials and shall leave the Work "broom clean" or its
equivalent, except as otherwise specified.
Taxes and Permits
10. The Owner shall pay all sales, consumer, use and other similar taxes required by law
.and shall secure all permits and licenses and shall pay all fees necessary for the
execution of the Work, except as otherwise stated.
Subcontracts
11. The Contractor may contract with others to perform any or all portions of the Work.
Such subcontractors shall be selected by the Contract. Contracts between the
Contractor and the Subcontractor shall be in accordance with the terms of this
Agreement and shall include the General Conditions of this Agreement insofar as
applicable.
Separate Contracts
12. The Owner has the right to let other contracts in connection with the project which
are not covered by this Agreement, provided, however, that such othercontracts shall
not alter or vary the terms of this Agreement. The Contractor shall properly
cooperate with any such other contractors, and Owner shall require them to cooperate
with Contractor.
Unforeseen Difficulties
13. If, in the execution of the Work, the Contractor encounters unusual soil or water
conditions, buried utility lines, obstructions, inaccurate surveys or descriptions,
or any other difficulties not apparent at the time this Agreement was made, the
Contractor shall notify the Owner in writing of such difficulties and shall initiate
a Change Order if required.
Arbitration
14. At the option of Colorado Systems Construction Co., all claims and disputes arising
out of this Contract or the breach thereof shall be decided by arbitration in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association unless the parties mutually agree otherwise. The decision
under said rules shall be final and shall not be appealable to any court.
Delays
15. The Contractor shall execute the Work with adequate personnel, materials and
scheduling so as to complete the Work within the time stated in this Agreement.
16. If the Contractor is delayed at any time in the progress of Work by strikes, fire,
APPENDIX B
Sheet 7 of 9
windstorms or other severe weather conditions, unusual material or transportation
delays, or other causes beyond his control, including acts or omissions of Owner or
its agents or other contractors, the contract time shall be extended without penalty
to the Contractor.
ti
Payment
17. Payments shall be made as provided in this Agreement. If not made within ten (10)
days, Contractor may discontinue performance until payments are again current. During
any such discontinuance, Owner shall not permit others to do work covered by the
Contract unless Contractor elects to terminate for non-payment as provided in
paragraph 32. Owner shall pay contractor any expense resulting from such
discontinuance on written demand therefor.
18. Final payment shall be made when Work is complete or when the Building is occupied,
whichever first occurs. The term completion shall be understood to mean substantial
completion ready for occupancy. Minor touch up, adjustments, and finish details which
may still be required shall not be cause for withholding final payment except that
the actual value of unfinished Work may be retained by the Owner until finished.
19. If the term "Progress Payments" is used to describe payment and terms, it is
understood to mean that the Contractor will submit and Owner will promptly pay
monthly billings in the amount of the value of Work complete and materials on the
Site.
20. Owner hereby agrees to pay 2 1/2% interest charge per month on all amounts not paid
within ten (10) days of invoice date, plus all costs of collection including
reasonable attorney fees. This is an annual percentage rate of 30%.
21. WITHIN 10 DAYS OF RECEIPT OF FINAL PAYMENT, CONTRACTOR WILL FURNISH LIEN WAIVERS
IF REQUIRED BY OWNER. LIEN WAIVERS WILL BE FURNISHED ON MAJOR SUBCONTRACTORS AND
SUPPLIERS.
Protection of Persons and Property
22. The Contractor shall be responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with the Work.
23. The Contractor shall carry public liability insurance in limits of S50,000 property
damage and $100,000-5300,000 bodily injury liability and shall, if requested by
Owner, submit a certificate evidencing such coverage.
Owner's Insurance
24. The Owner shall be responsible for purchasing and maintaining his own liability and
flood insurance, and, at his option, may maintain such insurance as will protect him
against claims which may arise from operations under this Contract.
25. Unless otherwise provided, the Owner shall purchase and maintain property
insurance, at Owner's expense, upon the entire Work at the Site to the full insurable
value thereof. This insurance shall include the interests of the Owner, the
Contractor, and Subcontractors and shall insure against the perils of fire, windstorm,
APPENDIX B
Sheet 8 of 9
extended coverage, vandalism, malicious mischief, and theft.
26. Any insured loss is to be adjusted with the Owner and made payable to the Owner as
trustee for the insureds, as their interests may appear, subject to the requirements
of any mortgage clause.
27. The Owner shall file a copy of all policies with the Contractor prior to the
commencement of the Work. Owner agrees to furnish Contractor with evidence of the
payment of all premiums therefor when the same are paid.
28. The Owner and Contractor waive all rights against each other for damages caused by
fire or other perils to the extent covered by insurance provided under this paragraph.
The Contractor and Owner shall require similar waivers by Subcontractors and other
contractors.
Change Orders
29. The Owner without invalidating the Contract may order changes in the Work consisting
of additions, deletions, or modifications, the Contract Sum and the Contract Time
being adjusted accordingly. All such Change Orders shall be authorized in writing and
signed by the Owner and by the Contractor.
30. The Contract Sum may be changed only by Change Order.
31. The cost or credit to the Owner from a Change Order shall be determined by mutual
agreement before executing the Work involved. If this is not possible, the cost
or credit shall be computed at the earliest possible time.
Termination By The Contractor
32. If the Owner fails to make payment as provided herein for a period of thirty (30)
days, the Contractor may, upon five (5) days written notice to the Owner, terminate
the Contract and recover from the Owner all of the costs, expenses, and overhead
APPENDIX B
Sheet 9 of 9
incurred by the Contractor under this Agreement together with a reasonable profit.
The Contractor in such event shall also be entitled to recover interest from the
Owner and all other damages and monetary losses caused by the Owner's
breach, including attorney's fees and costs.
NOTE: Prices are good for 30 days from proposal date. Prices include State sales tax.
TOTAL CONTRACT PRICE: S1,085,261.00
TERMS:S20,000.00 down payment upon execution of this Contract.
ACCEPTED: ACCEPTED:
ESTES PARK HORSE SHOW & RODEO COMMITTEE COLORADO SYSTEMS CONSTRUCTION CO.
By: By:
ALTERNATIVE 1i1:
For a removable floor system similar to CSC sketch with 70 lb. live load and
electrical outlets - add S106,299.00.
APPENDIX C p. 1 of 5
" J)
Boettcher & Company
► ammon! 8 * s S. 1910 k
828 Seventeenth Street
P.O. Box 54
Denver, Colorado 80201
(303) 628-8000
June 25, 1986
Mr. Monte L. Vavra
Finance Officer
Town of Estes Park
170 McGregor
Estes Park, Colorado 80517
Dear Monte:
Enclosed are schedules 1 through 4 showing a general obligation
bond issue for 15 and 20 years, and a sales and use tax revenue
bond issue for 15 and 20 years. I believe that is what you
requested - if you need others or a variation, please let me
know.
,We have included costs of issuance and a reserve fund for the
revenue bonds. Also, we have assumed an "A" rating on both
types of bonds in determining the projected interest rates.
Very truly yours,
BOETTCHER & COMPANY, INC.
Dunn Krahl
Senior Vice President
DK/klb
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APPENDIX D
COLORADO
SYSTEMS
CONSTRUCTION
CO.
A&S
BUILDING
SYSTEMS, INC.
P.O. Box 750 • 120 Bunyan • Berthoud, CO 80513 • Metro (303) 442-7168 • Office (303) 532-2050
June 6, 1986•
Estes Park Horse Show & Rodeo Committee
P. O. Box 866
Estes Park, Colorado 80517
Re: Horse Show and Rodeo Arena
Gentlemen:
As requested by your Committee, we submit the following leasing arrangements for
the above captioned facility:
s
1. Lease term - 25 years on a triple net basis.
2. Ground lease - 50 year lease from the City for the site.
3. Lease payments - $16,000.00 per month, plus the amount of the
land lease required from the City.
4. Purchase option - If the option is exercised during the first
five years - purchase price would be $1,519,145.00. After the
initial five-year period, the purchase price would be determined
by an appraisal.
5. Cancellation - A cancellation clause would be included allowing
the City to terminate the lease for an amount equal to the
present value of the remaining lease payments, discounted at
12% per annum.
6. Costs - The City would agree to pay all costs for utility fees, taps,
meters, phone system, public address system and hook-ups.
On a lease basis, the arena would have to be constructed with a portable floor to
facilitate mortgage financing.
Sincetrely,
'1
C
' -Gary L. Ziels
President
GLZ:vm
July 29, 1986
MEMORANDUM
TOWN OF ESTES PARK
MEMORANDUM
TO: Stanley Park Committee
FROM: Dale G. Hill, Town Administrator
SUBJECT: Lions Club Concession Stand Contract
L
The attached letter submitted by the Lions Club dated July 11,
1986, requests a change in the agreement between the Town and the
Lions Club for the operation of the concession stand located at
Stanley Park. The particular paragraph the Lions Club wishes to
have the Board of Trustees interpret is Item 1, Page 1 (copy also
attached).
The Lions Club position calculated for the 1985 season is:
Gross Sales $43,605.97
Less 4% Town Sales Tax (1,609.30)
Adjusted Gross Sales $41,996.67
x 15% Rental Commission x 15%
Total Due to Town $ 6,299.50
Less Amounts Paid by Town:
License Fees $ 550.00
Capital 1,625.93 (2,175.93)
Net Rental Paid to Town $ 4,123.57
The interpretation by Town Staff is as follows:
Gross Sales $43,605.97
Less 4% Town Sales Tax (1,609.30)
License Fees ( 550.00)
Capital (1,625.93)
$39,820.74
x 15% Rental Commission x 15%
Net Rental Paid to Town $ 5,973.11
As you can see, there is a considerable difference depending upon
your interpretation ($1,849.54).
MEMORANDUM
TOWN OF ESTES PARK
Memorandum
Stanley Park Committee
July 29, 1986
Page two
Listed below are amounts paid to the Town:
Season Amount
1984
1983
1982
1981
$6,521.69
6,828.41
7,514.28
5,520.54
This matter is scheduled to come before this committee on August
25, 1986 at 2:00 P.M. for a recommendation to the Board of
Trustees.
DGH/vo
Attachments
cc: Board of Trustees
Finance Department
Lions Club
elitiono C/tb o/ 6t e Park
P. O. BOX 2016
ESTES PARK • COLORADO 80517
RECEIVED
JUL141986
t FLU PARK
Dale Hill, Town Administrator
Town of Estes Park
P.O. Box 1200
Estes Park, Colorado 80517
July 11, 1986
Re: Concession Stand Lease Agreement
This letter is a formal request to discuss the terms of the concession
stand lease agreement between the Town of Estes Park and The Lions Club of
Estes Park, with the appropriate town committee.
We are concerned with the wording in Item 1 of Page 1 of the agreement
versus our club's understanding and intent when this agreement was formulated.
Please advise.
enneth L. Hobert, President
KLH:mh
V d' pQn46 - THE CONVENTION CITY HIGH IN THE ROCKIES
LEASE
z�
THIS LEASE, made this A, ---day of , 1985,
between the TOWN OF ESTES PARK, COLORADO, a`madnicipal corpora-
tion, hereinafter referred to as Lessor, and the LIONS CLUB OF
ESTES PARK, COLORADO, a Colorado nonprofit corporation, herein-
after referred to as Lessee,
WITNESSETH:
Lessor, for and in consideration of the covenants and agree-
ments hereinafter set forth, to be kept and performed by Lessee,
has leased and does hereby lease unto Lessee all those premises,
situate in the Town of Estes Park, County of Larimer, State of
Colorado, known and described as follows, to -wit:
The concession stand attached to the
grandstand at Stanley Park.
TO HAVE AND TO HOLD, the above described premises with the
appurtenances, unto Lessee from twelve o'clock noon on the 15th day
of June, 1985, until twelve o'clock noon on the 15th day of June,
1990; and Lessee, in consideration of the leasing of said premises
aforesaid by Lessor to Lessee, covenants and agrees with Lessor
as follows:
1. .To pay to Lessor, as rent for said premises, fifteen
percent (13%) of the gross sales from the operation of the concession
stand. For the purposes of this Lease, gross sales shall be the
total amount of funds realized from all sales of food, beverages
and tobacco products from the concession stand less sales tax,
license fees, including fees for the 3.2 beer license, and sums
paid for capital improvements. Capital improvements shall not
include repairs as more fully set forth in Paragraph 3 of this
Lease. Said rent shall be due and payable at the office of the
Town Clerk on or before the 14th day of each June during the term
hereof beginning on June 14, 1985.
2. To keep complete and accurate records of Lessee's
operation of said concession stand; and to submit to the Board
of Trustees of the Town of Estes Park, at the office of the Town
Clerk, a copy of such records on or before the rent payment dates
as herein provided.
3. To make all necessary repairs- to the interior of the
demised premises during the term of this Lease, including all
1. To pay to Lessor, as rent for said premises, fifteen percent (15%) of the
gross sales from operation of the concession stand less fees for the 3.2 beer
license and sums paid for capital improvements. For purposes of this lease,
gross shall be the total amount of funds realized from all sales of food,
beverages and tobacco products from the concession stand less the town sales
tax. Capital improvements shall not include repairs as more fully set forth
in Paragraph 3 of this lease. Said rent shall be due and payable at the
office of the Town Clerk on or before the 14th day of each June during the
term hereof beginning on June 14, 1985.
AGREEMENT
THIS AGREEMENT, made this "As" day of 1:k1Gvs
1986, by and between the TOWN OF ESTES PARK, COLORADO, A
Municipal Corporation, as party of the first part, and
The Estes Park Chamber of Commerce, as party of the second part,
WITNESSETH:
WHEREAS, the second party desires to hold the Arapaho
Homecoming at Estes Park Fairgrounds at Stanley Park (hereinafter
referred to as Stanley Park), Estes Park, Colorado, on the
hereinafter set forth dates, and to make contractual agreements
for the use of the facilities at Stanley Park and services to be
furnished by first party in connection with the use of said
facilities.
NOW IT IS AGREED AS FOLLOWS:
1. The second party shall hold the homecoming on the
following date or dates:
Date: September 26, 27, 28, 1986.
2. The second party shall rent Arena A in Stanley Park from
the first party for the amount of $200.00 per day.
3. First party assumes no responsibility or liability for
injury, sickness or death of any person or animal, nor for the
loss, damage, or destruction of personal property of any person,
while on first party's property and second party shall hold first
party harmless for any claims made against first party for any
such alleged responsibility or liability.
4. The first party shall provide cleanup for the
grandstands.
5. The first party shall furnish 1 day guards and
night guards. The second party shall pay first party for
all expenses it incurs in furnishing said guards at the
conclusion of second party's event.
6. First party shall have at least one representative at
Stanley Park during the time second party is using said
fairgrounds as herein provided.
7. The first party shall provide for the use of second
party grandstands, water and electricity, a public address system
complete with microphone, and amplifiers.
8. The second party shall charge, collect and deliver to
first party $3.50 a day for the East box stalls, $5.00 a day for
the West box stalls, and $3.00 a day for each tack stall,
including all early arrivals before the show dates specified in
Paragraph 1 of this agreement, and including use of said stalls
on a per day basis after the show dates specified in Paragraph 1.
The earliest arrival date for participants will be September 25,
1986. The latest departure date will be September 29, 1986. All
rental fees shall be paid to the first party no later than
September 28, 1986. An account unpaid after thirty (30) days
shall be charged a finance charge of 1.5% per month, which is an
annual percentage rate of 18%.
9. The second party shall pay to the first party the total
cost of all repairs incurred by it to repair any damage to any of
the stalls rented by second party and water supply fixtures due
to exhibitors or handlers securing animals to said fixtures. The
removal of any stall doors shall automatically be an additional
charge of $15.00 per door.
10. The second party must furnish to first party a duly
executed certificate of insurance of any insurance company
authorized to do business in Colorado at least thirty (30) days
before the first event in the Arapaho Homecoming. Said
certificate must show first party as an additional named insured,
and shall evidence the existence of the following minimum limits
of liability: $150,000 bodily injury for each person, with total
liability for two or more persons injured in a single occurrence
of $400,000; $100,000 property damage for each occurrence; and
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that at least ten -days' notice must be given to the first party
as holder of the certificate before the policy certified to can
be cancelled.
11. The second party shall obtain from each participant,
contestant and exhibitor in any of said events of the Arapaho
Homecoming, a release of all liability in the form set forth on
Exhibit "A", attached to this agreement and incorporated herein
by this reference. Second party shall reproduce said release in
sufficient quantities to fulfill the
paragraph.
12. The second party agrees to
harmless from any liability or expenses
obligations of this
save the first party
including attorneys fees
and court costs from any third party claims for losses, damages
or injuries which are caused or alleged to be caused directly or
indirectly by
equipment.
13. The
second party, its employees, agents, animals or
barn manager will distribute a map of the Stanley
Park grounds with rules and regulations as to the parking at the
time exhibitors check in to the Stanley Park Fairgrounds. A fee
of $5.00 per day shall be charged for each service hookup,
including the hookup day and the disconnect day. Said fee shall
be collected by second party and remitted to first party with the
exhibitor fees. Camper hookups with water, electrical and sewer
facilities shall be charged at the rate of $10.00 per day. All
vehicles with self-contained sewage storage units must be dumped
only at the duly established sanitation dump station located
within Stanley Park which is properly connected with a sanitary
sewer system. Each vehicle using said dump station shall be
assessed a fee of $2.00 for each use of the sanitation facility.
14. All dogs and other small animals that are on first
party's property must be on a leash and under the control of the
owner or the custodian of said animals. The provisions of
Chapter 7.12 of the Estes Park Municipal Code will apply to all
dogs on the first party's property.
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15. The first party's Chairman of the Arapaho Homecoming
1S:
Bob Scott
P.O. Box 1967
Estes Park, CO 80517
(303) 586-6104
16. The second party's representative for this contracted
event is:
.3c 3 c.j-er
F S T0-5 PAaK, (` .CS!
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7
17. The first party, by and through its designated
representative, shall conduct a count on all its stalls and
service hookups for which a daily fee is to be charged pursuant
to this agreement. Said count shall be made each morning
beginning at 7:00 A.M. This agreement shall be determined on the
basis of said count. The second party may, at its option,
designate a representative to accompany first party's
representative during said count.
18. In the event first party does not have sufficient
stalls for second party's purposes, first party may authorize the
use of portable stalls by second party. Arrangements for said
portable stalls shall be the responsibility of the second party.
A charge of $1.00 per day per stall will be made by first party
to second party for cleanup of said stalls. Maintenance shall be
the sole responsibility of the second party for all stalls used
by the second party.
19. All the participants, guests and employees of the
second party shall comply with the ordinances, rules and
regulations of the Town of Estes Park.
20. This contract represents the entire agreement between
the parties and shall not be amended by either of the parties
hereto without written consent of the other party.
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21. This contract shall be binding upon and inure to the
benefit of the parties hereto, their respective heirs, personal
representatives and assigns, as the case may be.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands the day and year first above written.
TOWN OF ESTES PARK
By
Mayor
ATTEST:
Town Clerk
Party of the First Part
ESTES PARK CHAMBER OF COMMERCE
(Th
A d,rQs :
PAP- r< cc
ATTEST:
ATTEST:
E%e-e-r r-Y fry)77IJi>flocTO
Address: 901- -505-6
Pt1P-AC c& 50,177
Phone Number:
Phone Number: 6=q1--YY3/
Party of the Second Part
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