HomeMy WebLinkAboutPACKET Town Board 2026-01-13Note - The Town Board reserves the right to consider other appropriate items not
available at the time the agenda was prepared.
Town Board of Trustees Regular Meeting
Tuesday, January 13, 2026, 7:00 p.m.
Town Hall Board Room, 170 MacGregor Ave, Estes Park
Accessibility Statement
The Town of Estes Park is committed to providing equitable access to our services.
Contact us if you need any assistance accessing material at 970-577-4777 or
townclerk@estes.org.
Meeting Participation
This meeting will be streamed live and available on the Town YouTube page at
www.estes.org/videos. Click on the following links for more information on Digital
Accessibility and Public Comment.
Agenda
Pledge of Allegiance
Agenda Approval
Public Comment
Town Board Comments/Liaison Reports
Town Administrator Report
Consent Agenda
1.Expenditure Approval Lists – Bills
2.Town Board Meeting and Study Session Minutes dated December 9, 2025
3.Planning Commission Minutes dated November 18, 2025 (acknowledgment
only)
4.Resolution 01-26 Public Posting Area Designation
5.Resolution 02-26 Approving Compensation for Mall Road Water Loop
Construction Easements, $13,000, Budgeted
6.Resolution 03-26 Contract Renewal with The Car Park for 2026 Parking
Management Services, $440,000.00, Budgeted
7.Resolution 04-26 Contract with Maddison Mechanical, Inc for On-Ca ll Plumbing
Services up to $100,000, Budgeted
Action Items
1. Ordinance 01-26 An Ordinance of the Town of Estes Park, Colorado, Acting
By And Through Its Water Activity Enterprise, Authorizing the Execution
and Delivery of a Second Amendment to Construction Loan Agreement and
a Second Amended Construction Loan Note, Series 2022A and Other
Documents Related thereto in Connection with Rebuilding and Improving
the Water Distribution System of the Former Prospect Mountain Water
Company; and Declaring an Emergency
Presented by Director Zimmerman
Requesting a maturity extension for CoBank Loan Series 2022A, as USDA
loan proceeds intended to refinance Prospect Mountain Systems Project are
not yet available.
2. Ordinance 02-26 Amending Section 1.20.020 of the Estes Park Municipal
Code to Ensure Town Penalties Conform to State Law
Presented by Town Attorney Kramer
Reducing any Town fines that might otherwise be larger than now allowed
by state law, under In re People v. Camp, 2025 CO 64.
3. Resolution 05-26 6E Expenditure to Fund Tuition Assistance through Estes
Valley Investment in Childhood Success (EVICS) Family Resource Center
Presented by Manager Bangs
Consider EVICS Family Resource Center's application for childcare tuition
assistance funding in 2026.
4. Resolution 06-26 Reservation of Site Location for the proposed Kahuna
Memorial Wildlife Safety Park
Presented by Director Careccia
The Kahuna Memorial Project team seeks the reservation of Town-owned
property for the location of the proposed park.
Request to Enter Executive Session
For a conference with a attorney for the Board for the purposes of receiving legal advise
on specific legal questions – Section 24-6-402(4)(b) – The Town’s Role in Noise
Regulation under State Law
Adjourn
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Report
To: Honorable Mayor Hall & Board of Trustees
From: Town Clerk Williamson
Department: Town Clerks Office
Date:
Subject:
January 13, 2026
Town Board Meeting and Study Session Minutes dated December 9,
2025.
Minutes will be included in the packet by Friday, January 9th.
RESOLUTION 01-26
PUBLIC POSTING AREA DESIGNATION
WHEREAS, section 24-6-402(2)(c) of the Colorado Revised Statutes requires a
municipality to designate a public place to post notices of its meetings, and encourages
the posting place to be on a public website of the Town; and
WHEREAS, the Town designates the www.estes.org/boardsandmeetings page of
the Town's website as the public place for Posting Notices of Town Meetings through this
Resolution 01-26; and
WHEREAS, in the event of a power or internet outage, the Town designates the
main entrance to Town Hall as the Public Place for Posting Notices of Town Meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the www.estes.org/boardsandmeetings page of the Town's website is hereby
designated as the Public Place for Posting Notices of Town Meetings. In the event the
Town is unable to post a notice online in exigent or emergency circumstances such as a
power outage or an interruption in internet service that prevents the public from accessing
the notice online, notices may be posted at the main entrance of Town Hall, located at
170 MacGregor Avenue, Estes Park, Colorado.
DATED this 13th day of January, 2026.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
To:
Through:
From:
Memo
Honorable Mayor Hall & Board of Trustees
Town Administrator Machalek
Jacqueline Wesley, P.E., Project Manager
Reuben Bergsten, Director
Greg White, Special Counsel
Department: Utilities
Date:
Subject:
Type:
Objective:
January 13, 2026
Resolution 02-26 Compensation for Mall Road Water Loop
Construction Easements, $13,000, Budgeted.
Resolution
Improve water quality and reliability while being good stewards of financial resources by
obtaining Town Board authorization to compensate the APC Crocker Ranch LLC for
easements to locate a new water line for the Mall Road Water Looping Project.
Present Situation:
The design for the Mall Road Waterline Looping project is complete, and the project is
ready to advertise for bids. Our engineering firm conducted a comparative analysis of
potential pipeline routes across the Big Thompson River. The consultant proceeded with
a scour analysis of the leading alternative to validate the preferred alternative as the
superior river crossing. This resulting alignment represents the most constructable
option, offering the least cost and minimal environmental impact.
The identified route requires a permanent and temporary construction easement from
the APC Crocker Ranch LLC. We reviewed the route alternatives with the property
owners' representative, and they requested $18,600 to cover legal and administrative
costs. Per Town Policy 226, "Acquisition, Retention, and Disposal of Real Property,"
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
staff had an appraisal completed, which valued the easement at $3,212. We shared the
appraisal and Town Policy with the Crocker Ranch representatives, who then reduced
their request to $13,000, demonstrating they are good neighbors and in support of the
project. Per Policy, the final decision-making authority rests with the Town Board.
Proposal:
Staff propose the Town Board authorize payment in the amount of $13,000 for the
temporary and permanent easements required for the installation of the Mall Road
Waterline Project on the Crocker Ranch property.
Advantages:
Acceptance of the revised request will allow the project to move forward
The revised requested compensation for the easements is less than would be
required to either redesign the pipeline alignment, which would also add
significant construction costs
The revised requested easement compensation avoids the consideration of
condemnation and associated costs to acquire the easement, which is the most
technically and financially feasible route
Disadvantages:
No disadvantages have been identified.
Action Recommended:
Authorize the acceptance of the revised easement compensation proposal and
authorize the signing of the easement agreements with Crocker Ranch.
Finance/Resource Impact:
The current budget has suitable funds to pay for the requested easement
compensation.
Current Impact: 503-7000-580.35-54 MALLRO, $3,860,927 as of 12-18-25
Future Ongoing Impacts: None.
Future Impacts: This is not expected to significantly impact future costs.
Level of Public Interest:
Low.
Sample Motion:
I move for the approval/denial of Resolution 02-26
Attachments:
1. Resolution 02-26 Authorizing Easement Acquisition
2. Grant of Utility Easement
3. Grant of Temporary Easement
4. Easement Appraisals, Greg Wilde
RESOLUTION 02-26
APPROVING COMPENSATION FOR MALL ROAD WATER LOOP
CONSTRUCTION EASEMENTS
WHEREAS the Town Board has approved and appropriated funds for the design
and construction of the Mall Road Waterline per Resolutions 07-24, 83-25 and 104-25;
and
WHEREAS, the best route for the pipeline requires the obtaining of temporary
construction and a permanent easement through a portion of APC Crocker Ranch LLC
property; and
WHEREAS, the property owner requested compensation for its legal and
administrative costs associated with the grant of easements in the amount of $13,000.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Town Board hereby approves compensation to the property owner in the
amount of $13,000 for the granting of the temporary construction and the permanent
easements; and authorizes staff to execute the final easements with the property owner.
DATED this 13th day of January, 2026.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Attachment 1
Rev. 1-2021
GRANT OF UTILITY EASEMENT
THIS GRANT OF UTILITY EASEMENT is made this ____ day of ________________,
2026, by and between ____________________________________ (“Grantor”), whose address
is ___________________________________________, and the TOWN OF ESTES PARK,
COLORADO, a Colorado municipal corporation (“Town”).
WITNESSETH:
FOR GOOD AND VALUABLE CONSIDERATION, the adequacy and receipt of which
is hereby acknowledged, Grantor has this day bargained, sold, conveyed, transferred, and
delivered unto the Town, its successors, and assigns, in perpetuity, an exclusive easement in,
over, under, through, and across the real property described below for purposes of constructing,
repairing, replacing, relocating, inspecting, operating, maintaining, marking by suitable markers
set and maintained in the ground, and accessing Town-owned utility systems across, through,
upon, over and under the real property described below; provided, however, that the Town shall
make every effort reasonable to restore the ground surface to its prior condition after any
disturbance of such surface. The term “Town-owned utility systems,” as used herein, shall
include above and below ground wires, lines, cables, ducts, conduits, pipes, pumps, pedestals,
risers, poles, vaults, manholes, fire hydrants, ditches, culverts, inlets and any other equipment,
appurtenances, and structures associated with electric, water, communications, and stormwater
systems that are owned and operated by the Town.
The term “exclusive easement” means: that Grantor is prohibited without prior written
approval from the Town from constructing or placing on any part of the easement any fence or
gate, building, above or below ground utility systems, appurtenances, trees, shrubs or vegetation
not owned or maintained by the Town, or any other permanent or substantial structure, or in any
way modifying the Town-owned utility systems or their lateral or subjacent support. The Town
shall be permitted to immediately remove without liability for damages any obstruction
prohibited by this easement that interferes with the Town’s access to the Town-owned utility
systems or impairs the Town’s full free use and exercise of the easement. The Grantor covenants
and agrees to cause the easement area and any improvements installed thereon other than the
Town-owned utility systems, to be maintained and kept, at its sole cost and expense, in good
condition and state of repair.
Together with the right to enter upon said premises, survey, construct, maintain, operate,
control and use said utility facilities and to remove any objects interfering therewith, including
reestablishing drainage contours, trimming and removal of bushes, trees and other vegetation,
and the right to permit the construction, operation and maintenance of utility facilities of a
separate utility, whether or not owned by the Town. The Grantor reserves the right to cultivate,
use and occupy said premises for any purpose consistent with the rights and privileges above
granted. The Grantor agrees to indemnify and hold harmless the Grantee and its officers and
employees from any and all suits, claims, damages, liability or court awards, including costs and
attorney fees that are or may be awarded as a result of any loss, injury or damage sustained or
claimed to have been sustained by anyone including but not limited to any person, firm,
partnership or corporation in connection with or arising from Grantor’s use, maintenance, or
operation of the easement area or any or all of its improvements installed thereon.
Attachment 2
Rev. 1-2021
The easement hereby granted, situated in Larimer County, Colorado, is described as
follows:
Exhibit A – Easement Description AND Granting Property Legal Description
TO HAVE AND TO HOLD said easement unto the Town, its successors, and assigns
forever. Grantor does hereby covenant with the Town that it is lawfully seized and possessed of
the real property above described, that it has a good and lawful right to convey the easement
herein granted, that the easement is free and clear of all liens and encumbrances, and that it will
forever warrant and defend the title thereto against lawful claims of all persons whomsoever.
The provisions of this Grant of Utility Easement shall be construed as to their fair
meaning, and not for or against any party based upon any attribution to such party of the source
of the language in question. None of the terms or conditions in this Grant of Utility Easement
shall give or allow any claim, benefit, or right of action by any third person not a party hereto.
Any person other than the Grantee or the Grantor receiving services or benefits under this Grant
of Utility Easement shall be only an incidental beneficiary. This Grant of Utility Easement is an
integration of the entire understanding of the parties with respect to the matters stated herein.
The parties shall only amend this Grant of Utility Easement in writing with the proper official
signatures attached hereto. No waiver of any breach or default under this Grant of Utility
Easement shall be a waiver of any other or subsequent breach or default. This Grant of Utility
Easement shall be governed and construed in accordance with the laws of the State of Colorado.
IN WITNESS WHEREOF, Grantor has executed this Grant of Utility Easement the day
and year first above written.
GRANTOR:
By:
Print Name:
Title:
State of __________________ )
ss
County of ________________ )
The foregoing instrument was acknowledged before me by , as
of Grantor, this day of , 2026.
Witness my hand and official Seal. My commission expires: ____________________.
Notary Public
Rev. 1-2021
TOWN OF ESTES PARK:
By:
Print Name:
Title:
Rev. 1-2021
GRANT OF TEMPORARY EASEMENT
THIS GRANT OF TEMPORARY EASEMENT is made this ____ day of
2026, by and between ____________________________________
Grantor”), whose address is ___________________________________________, and the
TOWN OF ESTES PARK, COLORADO, a Colorado municipal corporation (“Town”).
WITNESSETH:
FOR GOOD AND VALUABLE CONSIDERATION, the adequacy and receipt of which
is hereby acknowledged, Grantor has this day bargained, sold, conveyed, transferred, and delivered
unto the Town, its successors, and assigns, a temporary exclusive easement in, over, under,
through, and across the real property described below to provide construction access for purposes
of constructing, repairing, replacing, relocating, inspecting, operating, maintaining, marking by
suitable markers set and maintained in the ground, and accessing Facilities, as described below;
provided, however, that the Town shall make every effort reasonable to restore the ground surface
of the real property to its prior condition after any disturbance of such surface. The easement shall
begin on the date set forth above and shall terminate on December 31, 2026. The term “Facilities,”
as used herein, shall include underground water pipeline and associated appurtenances including
but not limited to fittings, encasement, valves, and restraints.
The term “exclusive easement” means: that Grantor is prohibited without prior written
approval from the Town from constructing or placing on any part of the easement any fence or
gate, building, above or below ground utility systems, appurtenances, trees, shrubs or vegetation
not owned or maintained by the Town, or any other permanent or substantial structure, or in any
way modifying the construction access to the Facilities. The Town shall be permitted to
immediately remove without liability for damages any obstruction prohibited by this easement that
interferes with the Town’s access to the Facilities or impairs the Town’s full free use and exercise
of the easement.
As part of this Grant of Temporary Easement, Grantor grants the Town the right to enter
upon said premises, survey, construct, maintain, operate, control and use said Facilities and to
remove any objects interfering with construction access, including reestablishing drainage
contours, trimming and removal of bushes, trees and other vegetation, and the right to permit
access for the construction, operation and maintenance of Facilities of a separate utility, whether
or not owned by the Town. The Grantor agrees to indemnify and hold harmless the Grantee and
its officers and employees from any and all suits, claims, damages, liability or court awards,
including costs and attorney fees that are or may be awarded as a result of any loss, injury or
damage sustained or claimed to have been sustained by anyone including but not limited to any
person, firm, partnership or corporation in connection with or arising from Grantor’s use,
maintenance, or operation of the easement area or any or all of its improvements installed thereon.
The easement hereby granted, situated in Larimer County, Colorado, is described as
follows:
Exhibit A – Easement Description AND Granting Property Legal Description
Attachment 3
Rev. 1-2021
TO HAVE AND TO HOLD said easement unto the Town, its successors, and assigns.
Grantor does hereby covenant with the Town that it is lawfully seized and possessed of the real
property above described, that it has a good and lawful right to convey the easement herein granted,
that the easement is free and clear of all liens and encumbrances, and that it will forever warrant
and defend the title thereto against lawful claims of all persons whomsoever.
The provisions of this Grant of Temporary Easement shall be construed as to their fair
meaning, and not for or against any party based upon any attribution to such party of the source of
the language in question. None of the terms or conditions in this Grant of Temporary Easement
shall give or allow any claim, benefit, or right of action by any third person not a party hereto.
Any person other than the Grantee or the Grantor receiving services or benefits under this Grant
of Temporary Easement shall be only an incidental beneficiary. This Grant of Temporary
Easement is an integration of the entire understanding of the parties with respect to the matters
stated herein. The parties shall only amend this Grant of Temporary Easement in writing with the
proper official signatures attached hereto. No waiver of any breach or default under this Grant of
Temporary Easement shall be a waiver of any other or subsequent breach or default. This Grant of
Temporary Easement shall be governed and construed in accordance with the laws of the State of
Colorado. The terms of this Grant of Temporary Easement which would naturally survive its
expiration shall survive, including without limitation the Grantor’s obligation to indemnify.
IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Easement the
day and year first above written.
GRANTOR:
By:
Print Name:
Title:
State of __________________ )
ss
County of ________________ )
The foregoing instrument was acknowledged before me by , as
of Grantor, this day of , 2026.
Witness my hand and official Seal. My commission expires: ____________________.
Notary Public
Rev. 1-2021
TOWN OF ESTES PARK:
By:
Print Name:
Title:
EMINENT DOMAIN
REAL PROPERTY APPRAISAL REPORT OF A
PROPOSED PARTIAL TAKING OF LAND FOR
PERMANENT WATER LINE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
LOCATED ALONG THE WEST PROPERTY LINE
NEAR THE 2300 BLOCK OF MALL ROAD
EXTENDING NORTH OF THE BIG THOMPSON RIVER
ESTES PARK, COLORADO
PREPARED FOR AND INTENDED USER OF APPRAISAL:
Ms. JacquelineWesley, P.E.
Estes Park Project Manager-Utilities
1360 Brook Drive, Estes Park, Co. 80517
INTENDED USE:
Good Faith Negotiations with Property Ownership:
APC Crocker Ranch, LLC
PREPARED BY:
Gregory Wild
Gregory Wild, LLC
Certified General Appraiser
5600 West U.S. Highway 34
Loveland, Colorado 80537
970) 669-6266 wild@netscape.com
PROJECT:Estes Park public water line extension
FEE OWNERSHIP:APC Crocker Ranch , LLC
LOCATION:Along near the east side of Mall Road
extending approximately north of the Big
Thompson River along the subject
properties western property line to an
adjacent north parcel under the ownership
of the Upper Thompson Sanitation District.
INTEREST TO BE ACQUIRED:Permanent Water Pipeline Easement
and Temporary Construction Easement
APPRAISER:Gregory Wild CG.1313917
DATE OF VALUATION April 30, 2025
DATE OF REPORT Current as of April 30, 2025
Main File No. Mall Road water line Page # 1
Form DCVR_NLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Mall RoadwaterlineFileNo.
Attachment 4
Gregory Wild
Certified General Appraiser
5600 West U.S. Highway 34
Loveland, Colorado 80537
970) 669-6266 wild@netscape.com
April 30, 2025
Ms. JacquelineWesley, P.E.
Estes Park Project Manager-Utilities
1360 Brook Drive
Estes Park, Co. 80517
Re: Real property appraisal of a proposed partial taking of land for an underground public water
line affecting an unimproved parcel of land containing approximately 126 acres located along the
east side of Mall Road, south of U.S. Highway 34, and north of U.S. Highway 36 within the
unincorporated area of the Estes Park community.
Dear Ms. Wesley,
At your request and authorization I have prepared this eminent domain appraisal for a
proposed underground water line easement with an effective date of April 30, 2025. The
purpose and intended use of this appraisal is to estimate the amount of just compensation for
the proposed partial taking of land for a permanent water pipeline easement and temporary
construction easement. The subject property affected by the eminent domain taking is an
unimproved parcel of land containing approximately 126 acres. The property being identified as
the subject property is a portion of a larger tract of land that according to public records has over
300 acres. The northern most portion of this larger parcel is located along the west side of
Highway 34. This portion of the larger parcel contains approximately 10 acres being separated
by the highway. The southern portion of the larger parcel is located along the south side of U.S.
Highway 36 containing approximately 171 acres. Total parcel area including the identified
subject property at 126 acres, north parcel at 10 acres, and the south parcel 171 acres for an
approximate total of 307 acres. According to public records there are no improvements on the
parcels.
I understand that this appraisal report and current value estimates may be used on
your behalf in good faith negotiations with property ownership. I understand that this report,
analysis, supporting documentation, and opinions of value may be used as the basis for future
court testimony, if necessary.
My estimate of reasonable market value and compensation are subject to
definitions, stated or implied assumptions, limiting conditions, and certification of value
included in the appraisal report. This appraisal report has been prepared with the intent
of meeting guidelines and requirements of the Uniform Standards of Professional Practice.
Main File No. Mall Road water line Page # 2
Form DCVR_NLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Mall RoadwaterlineFileNo.
Parcel Compensation Estimates
2300 block of Mall Road, Estes Park
April 30, 2025
Fee Value
Item:Area
Square
feet
Fair Market
Value per
Square feet
Per
Portion
Affected Estimated
compensation
amount
Permanent Water
Pipeline Easement
5,580 $35,000/acre or
0.80 per SF
4,464 50% $2,232
Temporary
Construction Easement
12,246 $35,000/acre or
0.80 per SF
9,797 10%$980
Total Estimate of Just
Compensation 3,212
If you should have any questions in relation to the value estimates or the attached
appraisal report please advise.
Main File No. Mall Road water line Page # 3
Form DCVR_NLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Mall RoadwaterlineFileNo.
Executive Summary
Project :25' wide underground proposed water main pipeline easement to be acquired by
the Town of Estes Park
Project Parcel Number:
Larimer County Parcel #:portion of 2529000001
Name of Owner:APC Crocker Ranch , LLC
Names of Tenants:na
Address/Location:no number assigned approximately 2300 block of Mall Road located to the east of
the right of way for Mall Road to the north of the Big Thompson River extending to
the south property line of the adjacent north parcel that is under the ownership of
the Upper Thompson Sanitation District.
Project Location:permanent main water line easement is along the subject parcels western
property line with the temporary easement adjacent and south of the
proposed permanent easement. Both easements being at or near the
west property line north of the Big Thompson River.
Owner Present at Inspection:no
Property Interest Appraised:fee simple
Effective Appraisal Value
Date:
April 30, 2025
Date of Appraisal Report:April 30, 2025
Summary of Environmental
concerns:
Appraisal is being made subject to no adverse environmental impacts on the
subject parcel or adjacent parcels by the condemning entity.
Subject Parcel Land/Site
Area:
Based on public records and on site observations the subject parcel is an
unimproved parcel of land. While a part of a 307 acre parcel both the northern and
southern portions of the total property area are separated by two U.S. Highways.
Owner or Tenant Occupancy:na
Owner Off-Premise Sign Site:na
Owner Improvements:none
Owner Fixtures:na
Owner Trade Fixtures:na
Owner On Premise Signs:none
Subject Use History:To the appraiser's knowledge the subject property has been a part or segment of
the APC Crocker Ranch . According to public records under the ownership name
of APC Crocker Ranch , LLC there are six Larimer County parcel numbers
ranging in parcel size from 10 to over 400 acres totaling over 1,200 acres. All six
parcels have contiguity to one or more of the parcels. Two of the parcels are
improved, one of which was built in 1873.
Subject 5 Year Sales History:Last recorded sale was in August 2017 from Hannah H. Bowton and Henriques C.
Hamilton to APC Crocker Ranch , LLC. Reception Number: 20170052595 at a
recorded sales price of $550,000.
Zoning:Larimer Estes Valley Estate E-1
External Market Influences:
Highest and Best Use:Before and After Taking: potential development and annexation into the Town of
Estes Park.
Main File No. Mall Road water line Page # 4
Form DCVR_NLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Mall RoadwaterlineFileNo.
CERTIFICATION OF APPRAISER
East side of Mall Road approximately
Half mile south of U.S. Highway 34
Project : Installation of a Public Main Water Line
Location: east side of Mall Road north of Big Thompson River
extending north to south property line under
ownership of Upper Thomspson Sanitation District.
Owners of Record: APC Crocker Ranch , LLC
The appraiser certifies that to the best of his knowledge:
1. The appraiser has never prepared or offered real estate services on the subject
property.
2. All photographs and sale or listing confirmations were taken by and made by
the appraiser signing this report unless noted otherwise.
3. The appraiser has prepared appraisal reports on similar type properties to the
subject within the Northern Colorado region on a regular basis for over the last forty years.
Based on that working experience and by completing continuing education classes and
seminars it is the belief of the appraiser that he was competent to prepare this appraisal report
to estimate the current market value of the subject property and to make an estimate of just
compensation for the proposed partial taking of land for a permanent water line easement and a
temporary construction easement. As of the date of this report I have completed the
requirements of the continuing education program of the Board of Real Estate Appraisers,
State of Colorado.
4. The appraiser has no present or prospective interest or bias with respect to the subject matter
or the parties involved.
5. The appraiser has made physical observations of the subject parcel.
6. Any increase or decrease in the reasonable market value of the real property appraised
caused by the project for which the property is to be acquired, or by the likelihood that the
property would be acquired for the project, other than physical deterioration within the
reasonable control of the owner, was disregarded in this appraisal ( Colorado Jury
Instructions-Civil 4th, 36: & 24-56-117 (1) (c), C.R.S.; and 49 CFR & 24.103(b)). This is also
known as the Project Influence rule and is a Jurisdictional Exception Rule to USPAP Standards
Rule 1-4(f).
7. The appraiser certifies that to the best of his knowledge the analyses, opinions, and
conclusions were developed, and this report has been prepared in conformity with the
requirements of the Uniform Standards of Professional Appraisal Practice. To the best of the
appraisers knowledge no portion of the value assigned to the property consists of items which
are non compensable under established State Law.
Main File No. Mall Road water line Page # 5
Form DCVR_NLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Mall RoadwaterlineFileNo.
8. The use of this report is subject to the requirements of the Board of Real Estate Appraisers
State of Colorado, Department of Regulatory Agencies relating to review by its duly authorized
representatives.
9. All conclusions and opinions concerning the real estate set forth in this appraisal were
prepared by the appraiser signing this report. No change of any item in this appraisal report shall
be made by anyone other than the appraiser. The appraiser shall have no responsibility for any
such unauthorized change. No one provided significant real property appraisal assistance to the
person signing this report.
10. The appraiser's compensation was not contingent upon the reporting of a predetermined
value or direction in value that favors the cause of the client, the amount of the value estimate,
or the attainment of a specific result. The appraisal assignment was not based on a requested
minimum or maximum value, or a specific valuation.
11. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and is the appraiser's personal, unbiased professional
analyses, opinions, and conclusions.
12. The effective date of the appraisal and valuation estimate is April 30, 2025.
13. Based upon my independent appraisal and the exercise of my professional judgment, my
compensation estimate for the partial taking of land for the permanent water line easement and
the temporary construction easement are as follows:
Permanent Water Line Easement: Land Area: 5,580 SF x
Land Value Estimate: $35,000/43,560 = $0.80 SF x 50% = $2,232
Temporary Construction Easement: Land Area: 12,246 SF x
Parcel Value: $35,000/43,560 SF = $0.80 SF x 10% = $980
Total Estimate of Just Compensation: $3,212
Gregory Wild
CG 1313917
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Aerial Map Subject Property
Ms. Jacqueline Wesley, P.E.
2300 block of Mall Rd
Estes Park Larimer CO 80517
Gregory Wild
Client
Appraiser
Property Address
City County State Zip Code
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Table of Contents pg 1 of 2
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Table of Contents pg 2 of 2
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PART 1: Appraisal Assignment and Scope
Appraisal Assignment
Definition of Reasonable Market Value
Property Rights Appraised
Ownership
Effective Date of Appraisal
Market Conditions
Scope of the Appraisal Assignment
Limiting Conditions Specific to Assignment
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Appraisal Assignment
The purpose of this appraisal is to estimate the amount of just compensation for the
partial taking of land from the subject property for an underground water pipeline to be acquired
by the Town of Estes Park, hereafter referred to as the condemning entity. Compensation is for
the water pipeline easement and a temporary construction easement. The portion of the subject
parcel that is being impacted by the proposed easement is an area 25 feet in width along or
near the west property line extending north to the adjacent north property that is under the
ownership of the Upper Thomson Sanitation District. According to documents submitted to the
appraiser the total land area impacted by the permanent water line easement is 5,580 square
feet. The improvement project is a main water public pipeline servicing the Town of Estes Park.
In addition to the permanent water line easement being sought the condemning entity is seeking
a temporary construction easement adjacent along the east side of the permanent easement.
An exact date of construction commencement has not been provided to the appraiser.
Definition of Reasonable Market Value
Colorado eminent domain proceedings use the following jurisdictional definition of
reasonable market value:
means the fair, actual , cash market value of the property. It is the price the
property could have been sold for on the open market under the usual and ordinary
circumstances, that is, under those circumstances where the owner was willing to sell and the
purchaser was willing to buy, but neither was under an obligation to do so. "
Property Rights Appraised
Property rights appraised in the taking of private property are based the in fee simple
interest of the portion of the property to be taken. The appraiser has not been furnished a title
insurance policy.
Ownership
According to public records the subject property is under the ownership of APC
Crocker Ranch , LLC.
Effective Date of Appraisal
The effective date of this appraisal and value estimate is current as of April 30, 2025.
Physical observations of the portion of the subject property were made on two occasions , one
with representatives of Estes Park on February 10, 2025 and on March 30, 2025. Primary
preparation and research of relevant data took place during various periods of February to
April 2025.
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Market Conditions
Market conditions for real estate as of April 2025 have been fairly stable. Prior to the
escalation of mortgage interest rates in July of 2022 the general real estate market had been
appreciating. According to local MLS data for the general Estes Park mail area for the last three
years the market for detached single family homes has been stable. During the period from
1/1/2022 to 1/1/2023 there were 184 sales with an average price of $928,000 and a median
price of $831,000. The following year, 1/1/2023 to 1/1/2024 the number of home sales declined
to 161 or percentage decrease of 14%. The average sales price also showed a slight decrease
to $900,000 or less than 5%. During the current period of 1/1/2024 to 1/1/2025 the number of
sales at 158 was similar to the prior year. The average sale price showed a slight increase of
less than 1%. Based on MLS data the overall residential market for Estes Park appears stable.
MLS data related to land sales were limited. The majority of sales were for parcels of
land in less than 10 acres in size. During the period 1/1/2022 to 1/1/2023 there were 17 sales
the largest of which was a 40 acre parcel of land that included three divided parcels. In 2023
there were 15 unimproved lot sales the largest of which was 131 acres that sold for $2,950,000
or $22,500 per acre. During the period of 1/1/2024 to 4/1/2025 there were 17 unimproved
parcel sales the largest parcel being 40 acres that sold for slightly over $10,000 per acre.
The only land sale within the Estes Park area that appears somewhat comparable to
the subject property was the 131 acre parcel that sold in 2023 at slightly over $20,000 per acre.
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Estes Park MLS Residential Sale Statistics
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Scope of Work
Discussions with clients as to the appraisal assignment. The clients of this report are
the condemning entity, the Town of Estes Park. An on site meeting was conducted with
two representatives of Estes Park on February 10, 2025. Primary photographs of the
subject property were taken on that date and again on March 30, 2025.
Conduct physical on site observations of the subject property.
Review public records in relation to the subject property as to site size, topography,
zoning, real estate taxes. Research sales and listing history of the subject property
through the Multiple Listing (MLS).
Review regional data for the subject's area in relation to the Estes Park area and
surrounding areas.
Conduct initial market sales research to ascertain what type of market data was available
to prepare a credible appraisal and value estimate for the subject property.
Observed development trends in the general Estes Park area and nearby surrounding
areas.
Analyze regional, city, and neighborhood data as it may pertain to the appraisal
assignment.
Analysis of the subject property as to the physical, functional, and any external
influences that may affect valuation estimates.
Sales and listings were primarily researched from the local MLS system known as IRES
and internet sales and listing services. Sales data was also researched from Larimer
County public records. The appraiser signing this report confirmed all sale and listing
data with either parties involved with the transaction or with a real estate agent unless
otherwise noted. Sales data as reported were also verified with public records.
Review of Documents: Proposed water line easement being sought by the Town of
Estes Park.
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LIMITING CONDITIONS AND ASSUMPTIONS
AS THEY PERTAIN TO THE SUBJECT PROPERTY
The following limiting conditions specifically apply to the appraisal assignment.
The reader of this report is advised to thoroughly read the appraisal report including addendum
sections for any additional stated or implied assumptions or conditions. This appraisal report has
been requested by the Town of Estes Park to assist in good faith negotiations with property
ownership for a proposed permanent main water line easement along the western portion of an
unimproved parcel of land containing approximately 126 acres.
1. Information pertaining to the subject parcel were based on physical observations of the
site and public information.
2. The value estimate for the property is current as April 30, 2025.
3. The value estimated is for the partial taking of land for a permanent easement to be acquired
by the town of Estes Park.
4. To the appraiser's knowledge there are no soil contamination problems on the subject site
or adjacent parcels.
5. Comparable land sales and listings utilized in this report are assumed to be ready for
construction or development without any unusual requirements or conditions unless otherwise
noted.
6. While the appraiser has attempted to compile all pertinent information available some
data that may have been beneficial could not always be obtained. It is the opinion of the
appraiser that the data presented in this report is sufficient and adequate to develop a
current market value estimate for the subject property as an unimproved parcel of land.
7. Maps, sketches, and diagrams have been utilized to assist the reader to visualize the
topic being discussed. They do not represent a survey or an exact representation of property
lines or topographic features. Although requested by the appraiser an ALTA survey for the
subject property was not provided.
8. The appraiser has not been provided with a title insurance policy for the subject property and
the appraisal is being made subject to title being well vested in the current ownership.
9. Information obtained from others is deemed to be correct but cannot be guaranteed.
10. Specific information as to limitations or restrictions to use of surface area above the
easement land area by property ownership.
11. Start time and estimated completion time for the installation of the water line as a basis for
estimating valuation of the temporary easement.
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PART 2: Factual Data
Mountain West Regional Data
Estes Park Regional Data
Estes Park Regional Data
Regional Map
Subject Neighborhood
Subject Property
Subject Property Photographs
Subject Property Maps
Subject Property Public Records Data
Highest and Best Use Before the Taking
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Mountain West Regional Data pg 1 of 2
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Estes Park Regional Data
Estes Park is located within the Rocky Mountains and adjacent to Rocky Mountain
National Park. The two primary access routes to Estes Park are U.S. Highways 34 and 36.
Highway 34 is the primary connecting route to the City of Loveland located 22 miles east and
Interstate Highway 25 located 25 miles east. Highway 34 continues east to the City of Greeley
that is situated approximately 40 miles east of Estes Park. Highway 34 in a westerly direction
connects Estes Park to Grand Lake and U.S. Highway 40 over the Continental Divide during
warm weather months. Highway 40 continues in a westerly direction into Utah connecting to
Interstate Highway 80 and then Salt Lake City. The main northern route to Estes Park is via
State Highway 7, aka the Peak to Peak Highway, a paved mountain road extending south of
Estes Park providing access to mountain communities as Ward, Nederland, Black Hawk,
Central City, and Interstate 70.
The following cities or Estes Park is located from:
Town of Lyons: 15 miles southeast
Grand Lake: 20 miles over Trail Ridge Road weather permitting
Loveland: 22 miles east
Longmont 25 miles southeast
Interstate Highway 25: 25 miles east
Fort Collins: 26 miles northeast
Boulder: 27 miles southeast
Denver: 51 miles southeast
Denver International Airport: 55 miles southeast
Estes Park is located within a valley area formed by the Big Thompson River. While
the elevation of Estes Park is approximately 7,200 feet there are mountain peeks surrounding
the town from 9,000 to over 14,000 feet in elevation. In 1949 the Big Thompson River was
dammed by the completion of the Olympus Dam creating Lake Estes, a popular outdoor
recreation area located to the east of the downtown business core area. Rocky Mountain
National Park along with U.S. Forest Service lands encircle the entire Estes Park community.
The Park was established in 1915. The Continental Divide is located to the west within the
National Park. The headwaters of the Colorado River are located along the west side of the
Continental Divide flowing in a southwesterly direction through a number of western states.
Rocky Mountain National Park is highly visited ranking third in visitations compared to other
national parks. There are 60 mountain peaks that exceed 12,000 feet in elevation. In addition
to the Colorado River there are a number of other rivers, streams, creeks along with lakes and
ponds.
The Estes Park area was first settled by Joel Estes in 1859. In 1874 a toll road was
built from Lyons to Estes Park and in 1903 a road from Loveland through the Big Thompson
Canyon. In 1900 Estes Park was estimated to have a population of slightly over 200 and by
1930 doubling to over 400. In 1950 the population had increased to 1600 and then doubled in
population by 1980. During the period of 2000 to the present the population has been fairly
stable at between 5,000 to less than 6,000.
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Estes Park Statistical Data pg 1 of 2
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Estes Park Statistical Data pg 2 of 2
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Regional Map
Ms. Jacqueline Wesley, P.E.
2300 block of Mall Rd
Estes Park Larimer CO 80517
Gregory Wild
Client
Appraiser
Property Address
City County State Zip Code
Subject Neighborhood
The subject neighborhood is considered the entire community of Estes Park. As
mentioned Estes Park is located within a mountainous area along the east side of the
Continental Divide in the Northern Colorado region. The downtown business core of Estes Park
is situated to the west of Lake Estes and east of Rocky Mountain National Park. Primary
residential development has been to the north and south of the downtown core area. Northwest
of the downtown business district along Fall River Road has been primarily developed with
overnight lodging facilities. Limited industrial developments have been in the southeast portion
of Estes Park.
In addition to the downtown business core area commercial development has
occurred along the U.S. Highway 34, aka Elkhorn Avenue and Big Thompson Avenue, entry into
the community with retail, lodging, and recreational facilities. At the northeast corner of
Highways 34 and 36, aka North Saint Vrain Avenue, a shopping center was developed in 1985
on a 14 acre parcel of land. Anchored by a major chain supermarket with several shops and
office spaces. To the north of the shopping center is the historic Stanley Hotel. The areas
surrounding the hotel have been developed with lodging facilities and condominium units. Saint
Vrain Avenue in a southerly direction has also been developed with commercial uses.
The area east of Lake Estes has had minimal development. At the southwest corner
of Mall Road and Highway 34 is a recreational facility with a miniature golf course and go cart
track. The majority of land area, approximately 30 acres, along the west side of Mall Road is
under ownership of the U.S. Bureau of Land Management (BLM). The land area to the east of
Mall Road is under the ownership of the APC Crocker Ranch APC. The ranch had one of the
first structures in the Estes Valley built in 1872 and referred to as the Coach house. It was
touted as the first and last house in or out of Estes Park. At one time it had a toll road to gain
access to the valley area. Today the ranch maintains its use for cattle grazing and hospitality.
The ranch has extensive frontage along both sides of Highways 34 and 36. At the southeast
corner of Mall Road and Highway 34 is a nine acre parcel of land under the ownership of the
Upper Thompson Sanitation District. The district acquired the unimproved parcel in 2018 at a
recorded purchase price of $950,000 or approximately $2.40 per square foot. The parcel has
nearly 700 feet of frontage along the south side of Highway 34 and nearly 700 feet of frontage
along the east side of Mall Road. According to the Districts web page the nine acre parcel will
be improved for a new Water Reclamation Facility to replace their existing facility that has been
in operation since the 1970's. At this time funding and planning are in progress for construction
to begin. The Districts existing facility is located adjacent to the south of the subject property.
Other uses along or near Mall Road are primarily residential. At the northeast corner
of Highway 36 and Fish Creek Road is a lodging facility. Further to the south are the grounds
for the Estes Park School District, an 18 hole public golf course, and the Estes Park
Fairgrounds.
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Subject Property
A. Address:# not assigned 2300 block of Mall Road, Estes Park, Colorado
80517
B. Legal Description:East 1/2 of Northeast 1/4 less parcel sold to Upper Thompson
Sanitation District, East 1/2 of Southwest 1/4, and Southeast 1/4
less parcel #: 2529000006, Section 29, Township 5 North, Range
72 West, less roads, County of Larimer, State of Colorado.
C. Larimer County Parcel 2529000001
D. Property Ownership:APC Crocker Ranch LLC
E. Special Assessments:none known
F. Easements:subject to a current title policy examination and ALTA survey there
are no known adverse easements or encroachments.
G. Location: the subject property as described above according to pubic records has a gross
parcel area of approximately 307 acres. Due to existing public roads the subject parcel is
divided into three tracts of land. At the northwest corner of the parcel is a 10 acre +/- parcel that
is located along the west side of U.S. Highway 34. Bordering this portion of the subject to the
north is a 35 acre parcel of land and to the west a lodging facility built in 1952. Further to the
north are a number of small parcels of land improved with cabins.
The middle portion of the parcel, approximately 126 acres, is located along the east
side of Highway 34 extending south approximately 3/4 of a mile to the north side of U.S.
Highway 36. To the north of this portion of the subject are a number of small tracts of land
improved with cabins and residences. Bordering to the east are additional land holdings of the
APC Crocker Ranch. Along the west side is the nine acre parcel acquired by the Upper
Thompson Sanitation District to be improved with a new Water Reclamation Facility. West
across Mall Road are the land holdings of the Bureau of Land Management. Along and near the
southwest segment of the middle parcel are a number of residences on small acreage tracts.
The southern portion of the subject parcel, approximately 171 acres, is located along
the south side of U.S. Highway 36. Bordering this portion of the subject to the east and south
are additional land holdings of the APC Crocker Ranch nearly 600 acres. Near the northwest
corner of the subject is a commercial lodging facility. Along the north and west sides are a
number of small acreage parcels with residences. There is also a small condominium project
bordering the subject to the west.
The portion of the subject that is affected by the proposed permanent underground
water line easement is the middle portion of the total parcel that contains approximately 126
acres of the total 307 acre parcel.
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H. Site Characteristics
Zoning: the subject property is zoned by Larimer County as Estate denoted on
County zoning maps as EV E-1.
Flood Plain: portions of the subject property along the Big Thompson River are in an
identified Flood Hazard area.
Utilities:
Water: Town of Estes Park
Waste Water Sewer: Upper Thompson Sanitation District
Electric: Poudre Valley REA
Natural Gas: Xcel
Topography: both the northern and southern property lines of the middle portion
of the subject are at approximately 7,600 feet elevation sloping down toward the
Big Thompson River forming a large open meadow area.
I. Improvements: according to public records the subject property are unimproved
parcels of land.
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Photographs Subject Property
Client
Appraiser
Ms. Jacqueline Wesley, P.E.
2300 block of Mall Rd
Estes Park Larimer CO 80517
Gregory Wild
Crocker Ranch Entry off Hwy 36 Viewing west along Hwy 36 Viewing east along Hwy 36
NW 10 Acres of Subject Near NE corner of 126 ac view S.S. side of Hwy 34 viewing south
Viewing east along Hwy 34 Viewing west along Hwy 34 Viewing south from Mall Rd. & 34
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Property Address
City County State Zip Code
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County Aerial Map (subject shaded blue)
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County Plat Map (subject shaded blue)
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Flood Map
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Topographic Map
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Zoning Map Larimer County Estes Valley
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Public Records Ownership
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Real Estate Taxes
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HIGHEST AND BEST USE
Before the Take'
The Highest and Best Use of a property is defined as:
1. That reasonable and probable use that supports the highest present value
of vacant land or improved property, as defined, as of the date of the appraisal.
2. The reasonably probable and legal use of land or sites as though vacant,
found to be physically possible, appropriately supported, financially feasible,
and that results in the highest present land value.
3. The most profitable use.
Implied in these definitions is the determination of Highest and Best Use takes into account
the contribution of a specific use to the community and community development goals as
well as the benefits of that use to individual property owners. Hence, in certain situations
the highest and best use of land may be for parks, greenbelts, preservation, conservation,
wildlife habitats, and the like.
Source: Real Estate Appraisal Terminology, American Institute of Real Estate Appraisers.
According to public records and the Larimer County Parcel number the total subject
property consist of three parcels of land with a total land area of approximately 307 acres.
There are three parcels or segments that make up the total acreage with each segment
separated from each other by major U.S. Highways. The northwest segment has approximately
10 acres located along the west side of Highway 34. The middle segment containing
approximately 126 acres is located along the east side of Highway 34 extending 3/4 of a mile
south to the north side of U.S. Highway 36. The southern segment of the total subject property
containing approximately 171 acres is located along the south side of Highway 36.
The proposed underground water line is located along or near the west side of the
middle segment of the total parcel. The proposed water line extends in a northerly direction
from near the Big Thompson River slightly less than 230 feet to the adjacent north parcel that is
under the ownership of the Upper Thompson Sanitation District. The permanent easement area
is 5,580 square feet or .128 acres.
Highest and Best Use as an Unimproved Acreage Parcel
Legal Permissibility: the subject property is currently zoned by Larimer County as Estes Valley
Estate primarily related to residential development typically with small acreage sites. Portions of
the subject are located along the Big Thompson River identifies as Flood Hazard areas.
Physical Possibility: the subject has extensive frontage on the two main entry routes into Estes
Park and Rocky Mountain National Park.
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Financial Possibility: In the Summer of 2022 the Federal Reserve began increasing their
discount rate to lenders. In 2023 and early 2024 mortgage interest rates had increased to 7%
and above. Currently mortgage interest rates have declined slightly to 6.9%. It is anticipated
that the Federal Reserve will continue to make slight modest decreases to the loan discount rate
to member financial institutions.
Maximum Productivity: to yield the highest value of the possible uses would be to pursue
development for residential use.
Conclusion of Highest and Best Use - Before the Take
Residential and lodging development
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PART 3: LARGER PARCEL VALUE ANALYSIS BEFORE THE TAKING
Market Approach
Summary Adjustment Table
Comparable Sales Location Map
Individual Comparable Sale Data Sheets
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Market Approach
To estimate the market value of that portion of the subject property affected by the
proposed underground water easement a Market Approach of land sales were researched from
the mountain areas from Estes Park south to the mountains west of Denver. While the total
subject property is over 300 acres there are three segments or portions of the total that are
separated by two major U.S. Highways. The portion affected by the proposed water line
easement is the middle section with a land area of approximately 126 acres. Comparable land
sales with an area of approximately 40 acres and larger were given primary emphasis. The
subject while an unimproved parcel has frontage to two major highways, extensive Big
Thompson River frontage, a close in location to downtown Estes Park and Rocky Mountain
National Park. To the immediate west of the subject is Lake Estes.
Large acreage parcels with location, size, river frontage, open valleys and meadows
similar to the subject that have recently sold are extremely limited. There are two basic
adjustments for comparing comparable sales data to the subject, quantitative and qualitative
adjustments.
Quantitative adjustments are based on measurable differences between the subject
property and a comparable sale or listing. Adjustments are typically based on percentages or
dollars. Support for adjustments are based on paired sales analysis supported for differences
between say size, location, and various detriments or attributes. The main problem with a
quantitative approach is there may be insufficient market data to support adjustments.
Qualitative adjustments are based on ranking various aspects of comparable sales in
relation to the subject property. Typical buyers are comparing available properties on a ranking
system as a residence on a busy street but with a large lot in comparison to a smaller lot on a
quiet street, where factors may offset each other. Conversely a commercial parcel on a busy
street will sell for a higher price than a similar sized commercial lot with limited visibility. A parcel
with paved public access verse a private road with gravel surface a purchaser would likely pay
more to be on a paved street. Ranking each aspect of a comparable to the subject property as
plus) for the subject being superior to the comparable and a - (minus) for the subject being
inferior to the comparable in a specific category.
Date of Sale: Comparables are all relatively recent ranging from June 2023 to December
2024. Due to recent sale dates no adjustments were deemed appropriate and that the general
real estate market is considered stable.
Location: the subject is located within the Estes Park community one of the most traveled
areas for tourist. Comparable 1 is also located within the Estes Park area. Comparables 2 and
3, located in Granby and Ward, respectively are considered inferior to the subject. Comparable
4 is located in Black Hawk a casino gambling area also highly popular for tourist.
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Access: the subject has frontage to two major U.S. Highways. Comparable 1 is located
approximately a mile southwest of State Highway 7 via a paved public road directly off the
highway and then a subdivision gravel road to the parcel. The subdivision gravel road can only
provide seasonal access to the comparable. Comparables 2 and 4 while having year round
access their respective access are public gravel roads inferior to the subject. Comparable 3
has frontage to a State Highway 7 or the Peak to Peak Highway a scenic north south route
through the mountains.
River Frontage: the northern portion of the subject's 126 acres has extensive frontage along
both sides of the Big Thompson River. The river meanders through this portion of the property
in an open meadow area. Comparable 1 has similar stream frontage along both sides of the
Roaring Fork Creek a high mountain stream with head waters in Rocky Mountain National Park.
Comparables 2 and 4 have small ponds that are considered inferior to the subject's river
frontage. Comparable 3 has a large private lake on the parcel considered similar to the
subject's river frontage.
Rocky Mountain National Park: the subject property is located approximately two to three
miles east of Rocky Mountain National Park. Comparable 1 has frontage along two side of the
national park considered superior to the subject. Comparable 2 is located along the west side of
the Continental Divide with a similar distance to the national park as the subject. Comparables
3 and 4 are both located fairly far from the park.
Size: the portion of subject that is being affected by the proposed water line easement is
approximately 126 acres. Comparable 1 is similar in size at 131 acres. Comparables 2 and 4
are substantially smaller in the 40 acre size category. Smaller sized land parcels will typically
sell at a higher per acre due to being more appealing to a larger market segment. Comparable 3
at 191 acres while larger still represents a larger parcel sale with no adjustment is deemed
warranted.
Terrain: Comparables 1, 3, and 4 all have similar mountain terrain to the subject. Comparable
2, located in Granby, is on a fairly level parcel of land adjacent to the east by Granby's small
airport and along the south and west to existing residential development.
Development Potential: the subject with frontage along two major highways, river frontage,
close proximity to downtown Estes Park has excellent development potential for likely lodging
and residential. As just mentioned above Comparable 1 is adjacent to two existing residential
developments and to the east Granby airport also with excellent development potential.
Comparables 1 and 3 have minimal development potential due to only seasonal access to
Comparable 1 and a conservation easement on Comparable 3 that would restrict any future
development. Comparable 4 while having some development potential is considered inferior to
the subject.
Improvements: according to public records there are no improvements on the subject property.
The area where the proposed water line easement is to be located was observed by the
appraiser and the only improvements would have been agricultural fencing. Comparables 1, 2,
and 4 have no on site improvements. Comparable 3 was improved for a boy scout camp with
Main File No. Mall Road water line Page # 38
Form DCVR_BLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
and 4 have no on site improvements. Comparable 3 was improved for a boy scout camp with
extensive improvements as a lodge, dining area, and cabins. According to the listing agent it
was difficult to find potential purchasers that could fully utilize the improvements. In addition,
due to a conservation easement on the property it would be difficult to add buildings in the
future.
Post Sale Expense or Project Influence: to the appraiser's knowledge none of the
comparable sales were affected or impacted by any eminent domain proceedings. A post sale
expense in a condemnation action could be attorney or consultant fees incurred by property
ownership. Project influence could be local knowledge of an impending condemnation action.
Reconciliation of Value Estimate for land only prior to the taking
In summary all four comparables after ranking for their various aspects in relation to
the subject are inferior to the subject property. The comparable sales on a price per acre
develop a range of between $22,500 to $34,000. Taking into consideration the subjects special
features, location, view amenities more emphasis has been placed on the upper value range at
35,000 per acre or $0.80 per square foot.
Main File No. Mall Road water line Page # 39
Form DCVR_BLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 40
Qualitative Adjustment Table
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 41
Form MAP_LT.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Comparable Sales Map
Ms. Jacqueline Wesley, P.E.
2300 block of Mall Rd
Estes Park Larimer CO 80517
Gregory Wild
Client
Appraiser
Property Address
City County State Zip Code
Main File No. Mall Road water line Page # 42
Form LPICPIX.DSA_LTC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
1) 495 Mills Moraine Dr. Estes Park
Ms. Jacqueline Wesley, P.E.
2300 block of Mall Rd
Estes Park Larimer CO 80517
Gregory Wild
Viewing: access road
Location Address: 1/2 mile west of Highway 7
on paved Longs Peak Road then 1/2 mile SW
on private gravel Mills Moraine Drive
Larimer County Parcel #: 3434300025
Legal Description: Portion of SW 1/4 Section
34, Twp. 4 North, Range 73W
Grantor: B Robertson Cohen Trust
Grantee: Roaring Brook Mountain LLC
Reception #: 20230026579
Confirmed With: sales agent, Dale Smigelsky,
970 218 1438
Property Rights Conveyed: fee simple
Conditions of Sale: Arm's length
Financing Source and Terms: cash
Post Sale Expense: na
Project Influence: na
Date of Sale: June 2023
Sale Price: $2,950,000
Parcel Size: 130.84 acres
Sale Price Per Acre: $22,547
Water Rights: None
Improvements: none
Access: gravel private
Platted: no
Topography: mountainous
Use at Time of Sale: unimproved parcel
Highest and Best Use: residential
Zoning: Open
Stage of Development: none
Appraiser's Comments: borders Rocky
Mountain National Park on two sides, Roaring
Fork Creek on site.
Prior Sales: April 1995 $155,000
Client
Appraiser
Property Address
City County State Zip Code
Main File No. Mall Road water line Page # 43
Form LPICPIX.DSA_LTC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
2) 445 GR 608, Granby, Co.
Ms. Jacqueline Wesley, P.E.
2300 block of Mall Rd
Estes Park Larimer CO 80517
Gregory Wild
Viewing: MLS Aerial Map
Location Address: west side of Grand County
Road 608 adjacent to Granby Airport
Grand County Parcel #: r303692
Legal Description: portion of SE 1/4 of NW 1/4
Section 32 Twp 2N Range 76 W
Grantor: Robert F. Greisendorfer Family Trust
Grantee: Elk Meadow Ranches 2 LLC
Reception #: 2023008885
Confirmed With: Shella Bailey, sales agent 720
341 3570
Property Rights Conveyed: fee simple
Conditions of Sale: arm's length
Financing Source and Terms: cash
Post Sale Expense: na
Project Influence: na
Date of Sale: December 2023
Sold Price: $1,200,000
Parcel Size: 35.36 acres
Sale Price Per Acre/SF: $33,937
Water Rights:
Improvements: none
Access: county gravel road
Platted: no
Topography: level
Use at Time of Listing: agricultural
Highest and Best Use: residential development
Zoning: Grand County AAO
Stage of Development: none
Appraiser's Comments: adjacent west of Granby
Airport. Bordered to the west and south by
existing residential development
Prior Sales: none
Client
Appraiser
Property Address
City County State Zip Code
Main File No. Mall Road water line Page # 44
Form LPICPIX.DSA_LTC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
3) 173 County Road 96, Ward
Ms. Jacqueline Wesley, P.E.
2300 block of Mall Rd
Estes Park Larimer CO 80517
Gregory Wild
Viewing: west across private lake
Location Address: along west side of Peak to
Peak Highway at County Road 96
Boulder Parcel #: 132100000072
Legal Description: portion of Section 30,
Township 2 North, Range 72 West
Grantor: Boy Scouts of America
Grantee: YMCA.
Reception #: 4038852
Confirmed With: Karla Brown, sales agent 303
589 8418
Property Rights Conveyed: fee simple
Conditions of Sale: arm's length
Financing Source and Terms: cash
Post Sale Expense: na
Project Influence: na
Date of Sale: March 2024
Sold Price: $5,400,000
Parcel Size: 191 acres
Sale Price Per Acre: $28,272
Water Rights: private lake
Improvements: extensive 28,000 SF
Access: paved and gravel roads
Platted: none
Topography: mountainous
Use at Time of Sale: Boy Scout camp
Highest and Best Use: lodging recreation
Zoning: Boulder County Forestry
Stage of Development: developed lodging
Appraiser's Comments: parcel encumbered
by a conservation easement that would limit
any future development
Prior Sales: none
Client
Appraiser
Property Address
City County State Zip Code
Main File No. Mall Road water line Page # 45
Form LPICPIX.DSA_LTC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
4) 172 Rudolph Ranch Road, Black Hawk
Ms. Jacqueline Wesley, P.E.
2300 block of Mall Rd
Estes Park Larimer CO 80517
Gregory Wild
Viewing:
Gilpin County Parcel #:
Legal Description: Portion of Section 21,
Township 2 South, Range 72 West
Grantor: Lauren Catherine Revocable Trust
Grantee: Gilpin County
Reception #: 177639
Confirmed With: Randall Byers, listing agent
303 642 7951
Property Rights Conveyed: fee simple
Conditions of Sale: Arm's length
Financing Source and Terms: cash
Post Sale Expense: na
Project Influence: na
Date of Sale: December 2024
Sale Price: $1,200,000
Parcel Size: 39.63 acres
Sale Price Per Acre: $30,280
Water Rights: well
Improvements: none
Access: gravel improved subdivision
Platted: none
Topography: mountainous
Use at Time of Sale: vacant lot
Highest and Best Use: residential
Zoning: Rural Residential
Stage of Development: developed lot
Appraiser's Comments: purchased by Gilpin
County for a yard area to store county road
equipment
Prior Sales: March 1993 $300,000
Client
Appraiser
Property Address
City County State Zip Code
PART 4 - FACTUAL DATA- PART TAKEN
Proposed Acquisition
Easement Photographs
Permanent Easement Water Line (2 pages)
Temporary Construction Easement (2 pages)
Main File No. Mall Road water line Page # 46
Form DCVR_BLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Proposed Acquisitions
The Town of Estes Park is in the process of extending their water line along and near
the east side of Mall Road in a northeasterly and northerly direction. The project is beginning at
or near the southwest corner of an improved parcel of land (Parcel number: 2529100945) under
the ownership of the Upper Thompson Sanitation District (UTSD). The water line will parallel
along their western property line for approximately 180 feet and then in northeast diagonal
approximately 360 feet to their northeast property line and common to the subject properties
west property line. The permanent easement in a due northerly direction will extend 217.75 feet
along the subject's western property line to the southwest corner of a second parcel under the
ownership of the UTSD (Parcel number: 2529100950). The water line will then be extended
along or near the east side of Mall Road and along or near the west property line of the second
UTSD property to the northwest corner of their parcel and near the southeast corner of Mall
Road and U.S. Highway 34, aka Big Thompson Avenue.
Permanent Water Pipeline Easement Summary: the portion of the subject property affected
by the permanent water line easement is located along the subject's western property south of
the second UTSD parcel extending south 217.75 along the west side of the easement and
228.65 feet along the east side of the easement. The width of the northern dimension of the
easement is 31.75 feet and the width of the southern dimension is 26.45 feet. According to
documentation provided to the appraiser by the condemning entity the gross area for the
permanent underground water line easement is 5,580 square feet. A legal description of the
permanent water line easement has been attached to this appraisal (see Exhibit A Property
Description along with the survey map). Exact language for the easement and what uses the
surface area may be restricted has not been provided to the appraiser.
Temporary Construction Easement: along and adjacent to the east side and south end of the
permanent easement the Town of Estes Park is seeking a 40 foot wide temporary construction
easement. Total land area encompassed by the temporary easement is 12,246 square feet.
The temporary easement will be utilized to allow construction crews an adequate land area to
operate while the water line is being installed.
The actual start time and duration of the time necessary to the temporary easement
has not as yet been provided to the appraiser.
Main File No. Mall Road water line Page # 47
Form DCVR_BLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 48
Easement Photographs
Client
Appraiser
Ms. Jacqueline Wesley, P.E.
2300 block of Mall Rd
Estes Park Larimer CO 80517
Gregory Wild
Near N. end of PE view south Viewing north along PE Viewing to the west from PE
Viewing to the southwest from PE Viewing south along PE Viewing west toward Mall Road
Viewing north along Mall Road Viewing south along Mall Road
Form PIC9_LT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Property Address
City County State Zip Code
Main File No. Mall Road water line Page # 49
Exhibit A Permanent Easement Legal Description
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 50
Exhibit A Permanent Easement Diagram
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 51
Exhibit A Temporary Easement Legal Description
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 52
Exhibit A Temporary Easement Diagram
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
PART 5 - ANALYSIS and VALUATION - PART TAKEN
Site Value Part Taking
According to Larimer County public records the subject's parcel identification number
2529000001 has a gross land area of approximately 307 acres. That total parcel has been
segregated by two U.S. Highways into a northern tract of approximately 10 acres located along
the west side of Highway 34, a middle portion of approximately 126 located along the south side
of Highway 34 extending south slightly less than a mile to the south side of Highway 36, and a
southern segment located along the south side of Highway 36 of approximately 171 acres.
The portion of the subject that is subject to the proposed water line easement affects
the middle portion of the total parcel. The permanent easement area is located along the
western property line near the east side of Mall Road. The permanent easement area for the
water line is easement area at 5,580 square feet.
Underground utility easements are typically negotiated between the property
ownership and utility companies at 50% of the fee value of the real estate affected.
Based on the above data and analysis the estimated current market value for the
portion of the subject property, containing approximately 126 acres is $35,000 per acre or $0.80
per square foot .
Land/Site Value of Area Value per Amount % of Estimate of Just
Part Taken: Permanent
Water Pipeline
Easement
Square Feet Square Feet Fee Compensation
APC Crocker Ranch,
LLC
5,580 $0.80 $4,464 50 $2,232
Main File No. Mall Road water line Page # 53
Form DCVR_NLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Mall RoadwaterlineFileNo.
PART 6: TEMPORARY EASEMENT
The temporary easement is located along the east side and south end of the
permanent easement. The temporary easement width ranges from 40 to 50 feet with a gross
site area of 12,246 square feet. There is no stated start time of when the temporary easement
will begin and specific time of when the easement will end. Temporary easements are generally
negotiated at 10% of the fee value of the real estate affected and generally for a one year
period.
Part Taken: Temporary
Construction Easement
Area
Square Feet
Value per
Square
Foot
Amount % of Fee Estimate of Just
Compensation
per Year
APC Crocker Ranch,
LLC
12,246 $0.80 $9,797 10 $980
Main File No. Mall Road water line Page # 54
Form DCVR_BLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
PART 7 - ANALYSIS and VALUATION - RESIDUE AFTER TAKING
HIGHEST AND BEST USE 'After the Taking'
Description purposes and definition, refer to Highest and Best Use 'Before the Take'.
The estimated Highest and Best Use of the subject property after the taking would be
to improve the lot with a new single family residence.
Conclusion of Highest and Best Use - After the Take
present use as an unimproved parcel of land with frontage along two major highways, Big
Thompson River frontage, views of Lake Estes and surrounding mountains. The estimate of
Highest and Best use 'after the proposed water line easement taking is the same as prior to the
proposed taking, residential and lodging development.
Main File No. Mall Road water line Page # 55
Form DCVR_BLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
PART 8 - ANALYSIS AND DAMAGES or BENEFITS
Special Benefits
There are no special benefits presumed to the subject property due to the proposed installation
of the underground water pipeline.
Damages
There are no expected damages to the property with the exception of fencing and restoration on
the ground surface area. Appraisal is being made subject to the condemning entity, the Town of
Estes Park restoring ground surface vegetation and replacement of fencing.
Main File No. Mall Road water line Page # 56
Form DCVR_BLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
PART 9 - COMPENSATION SUMMARY
Summary Parcel Numbers:
Compensation Estimates
2300 block of Mall Road,
Estes Park, Colorado
APC Crocker Ranch, LLC
December 2,2024
Item:Area:Per: Unit Value Affected Amount
Permanent Water Pipeline
Easement
5,580 square foot $0.80 50%$2,232
Temporary Construction
Easement Per Year
12,246 square foot $0.80 10%$980
Total Estimate of Just Compensation:$3,212
Main File No. Mall Road water line Page # 57
Form DCVR_BLT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 58
Definitions pg 1 of 2
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 59
Definitions pg 2 of 2
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 60
WD 2017 pg 1 of 8
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 61
WD 2017 pg 2 of 8
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 62
WD 2017 pg 3 of 8
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 63
WD 2017 pg 4 of 8
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 64
WD 2017 pg 5 of 8
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 65
WD 2017 pg 6 of 8
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 66
WD 2017 pg 7 of 8
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 67
WD 2017 pg 8 of 8
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Main File No. Mall Road water line Page # 68
Ms. Jacqueline Wesley, P.E.Mall Road water line
2300 block of Mall Rd
Estes Park Larimer CO 80517
Gregory Wild
APPRAISAL AND REPORT IDENTIFICATION
2-2(a)
2-2(b)
Comments on Standards Rule 2-3
I certify that, to the best of my knowledge and belief:
The statements of fact contained in this report are true and correct.
The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional
analyses, opinions, and conclusions.
Unless otherwise indicated, I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.
Unless otherwise indicated, I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year
period immediately preceding acceptance of this assignment.
I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment.
My engagement in this assignment was not contingent upon developing or reporting predetermined results.
My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the
client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that
were in effect at the time this report was prepared.
Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report.
Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification (if there are exceptions, the name of each
individual providing significant real property appraisal assistance is stated elsewhere in this report).
not applicable partial
taking of land for a proposed underground water line pipe and the necessary permanant and temporary easements to install the public water
line.
Comments on Appraisal and Report Identification
Note any USPAP related issues requiring disclosure and any State mandated requirements:
This is appraisal report has been requested by the project manager for the Town of Estes Park utilities to estimate the amount of just compensation
for a partial taking of land from an unimproved parcel of land located to the east of Mall Road, south of Highway 34 and north of Highway 36.
Gregory Wild
Gregory Wild, LLC
CG.1313917
Co 12/31/2025
04/30/2025
April 30, 2025
various periods
Form ID14E_LT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Client
Appraiser
File No.
Property Address
City County State Zip Code
This Report is one of the following types:
Appraisal Report (A written report prepared under Standards Rule ,pursuant to the Scope of Work,as disclosed elsewhere in this report.)
Restricted
Appraisal Report
A written report prepared under Standards Rule ,pursuant to the Scope of Work,as disclosed elsewhere in this report,
restricted to the stated intended use by the specified client or intended user.)
Reasonable Exposure Time (USPAP defines Exposure Time as the estimated length of time that the property interest being
appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal.)
My Opinion of Reasonable Exposure Time for the subject property at the market value stated in this report is:
APPRAISER:
Signature:
Name:
State Certification #:
or State License #:
State:Expiration Date of Certification or License:
Date of Signature and Report:
Effective Date of Appraisal:
Inspection of Subject:None Interior and Exterior Exterior-Only
Date of Inspection (if applicable):
SUPERVISORY or CO-APPRAISER (if applicable):
Signature:
Name:
State Certification #:
or State License #:
State:Expiration Date of Certification or License:
Date of Signature:
Inspection of Subject:None Interior and Exterior Exterior-Only
Date of Inspection (if applicable):
Main File No. Mall Road water line Page # 69
Client Ms. Jacqueline Wesley, P.E.
2300 block of Mall Rd
Estes Park Larimer CO 80517
Appraiser Gregory Wild
Estimate just compensation for a proposed partial taking of land for a permanent water pipeline easement along the west side of an unimproved
parcel of land containing approximately 126 acres of mountain terrain.
Estimate market value of land as an unimproved mountain property as a basis for compensation for proposed permanent water pipeline
easement. Estimate current market value for temporary construction easement for an estimated one year period.
assist Town of Estes Park in good faith negotiations with property ownership for the partial taking of their private property.
Town of Estes Park, property ownership, and legal counsel for either Town of Estes Park or property ownership.
na
a prior sale in 2017 for a partial interest of the subject property not considered an arm's length transaction.
na partial taking of private property for an underground water pipeline.
none
none
Gregory Wild
04/30/2025
CG.1313917
Co 12/31/2025
Form FUA_LT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
Gregory Wild
April 30, 2025
Mall Road water line
FIRREA / USPAP ADDENDUM
Property Address
City County State Zip Code
Purpose
Scope of Work
Intended Use / Intended User
Intended Use:
Intended User(s):
History of Property
Current listing information:
Prior sale:
Exposure Time / Marketing Time
Personal (non-realty) Transfers
Additional Comments
Certification Supplement
1.This appraisal assignment was not based on a requested minimum valuation, a specific valuation, or an approval of a loan.
2. My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value
estimate, the attainment of a stipulated result or the occurrence of a subsequent event.
Appraiser:
Signed Date:
Certification or License #:
Certification or License State:Expires:
Supervisory
Appraiser:
Signed Date:
Certification or License #:
Certification or License State:Expires:
Inspection of Subject:Did Not Exterior Only InteriorandExteriorEffectiveDateofAppraisal:
File No.
Main File No. Mall Road water line Page # 70
Appraiser Qualifications
Form SCNLTR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
To: Honorable Mayor Hall & Board of Trustees
Through: Town Administrator Machalek
From: Dana Klein, CPP, CCTM Parking & Transit Manager
David Greear, PE, Public Works Director
Department: Public Works
Date: January 13, 2026
Subject: Resolution 03-26 Contract Renewal with Car Park Holdings, LLC for 2026
Parking Management Services, $440,000.00, Budgeted
Type: Resolution
Objective:
Public Works staff seeks Town Board approval of Resolution 03-26 approving extension
#1 to the 2025 Services Contract with Car Park Holdings, LLC (dba: The Car Park) to
continue Parking Management Services for the 2026 calendar year.
Present Situation:
At the January 14, 2025, Town Board meeting, the Town Board approved Resolution
07-25, after a competitive bid process, contracting with The Car Park for parking
management services. The contract is for one year with an option of up to 4 one-year
renewals.
Proposal:
Staff wishes to exercise one of four one-year renewals of the 2025 contract.
Advantages:
• Support and continue the Town’s work to improve and elevate the downtown
parking experience in a way that benefits both residents and guests while
improving economic vitality.
•Continuity of operations since TCP has experience with the Town’s Parking
Management Program.
•Exponentially extend the reach of staff by bringing professional parking
management expertise and resources in accounting/auditing/cash-handling,
technology, insurance/liability, technology implementation, enforcement, Key
Performance Indicators (KPIs)/reporting, customer service, and
marketing/communications.
Disadvantages:
•Hiring a third party comes with a management fee that would not be associated
with in-house staff; however, the proposed third-party brings specific parking
management experience that will be invaluable in seasonal paid parking.
•A private contractor may not perform up to Town standards; however, PW staff
will closely monitor TCP’s performance on defined specific performance
metrics.
Action Recommended:
PW staff recommend that the Town Board contract with TCP to provide professional
parking management services for the Town’s downtown public parking facilities in 2026
Finance/Resource Impact:
The Parking Division has an approved budget for line-item “Contract/Skilled Services”
(256-5690-569.22-13) of $470,000 in 2026.
Level of Public Interest:
Public interest in parking management related to paid parking is high.
Sample Motion:
I move for the approval/denial of Resolution 03-26
Attachments:
1.Resolution 03-26
2.The Car Park Renewal Agreement -
2026
RESOLUTION 03-26
APPROVING RENEWAL NO. 1 TO THE 2025 SERVICES CONTRACT
WITH CAR PARK HOLDINGS, LLC
WHEREAS, the Town desires to renew its Services Contract with Car Park
Holdings, LLC (dba The Car Park) to continue operating the Town’s public parking facilities
for the 2026 season; and
WHEREAS, the proposed 2026 contract with The Car Park is for $440,000.00; and
WHEREAS, this is a 2026 budgeted expense.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the services contract
renewal referenced in the title of this resolution in substantially the form now before the
Board.
DATED this 13th day of January, 2026.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
SERVICES CONTRACT
RENEWAL NO. 1
Management Services for the Town’s Public Parking Facilities
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Car
Park Holdings, LLC (dba The Car Park) (Consultant or Contractor), whose address is 702 W.
Idaho Street #400, Boise, Idaho 83702, make this Contract Renewal this __________ day of
____________________, 2026, at the Town of Estes Park, Colorado, considering the following
facts and circumstances:
1 RECITALS:
1.1 Town and Contractor entered into a Services Contract on January 14, 2025, for Public
Parking Management Services (Contract).
1.2 Section 21 of the Contract originally provided that the term would continue for a 12-
month period, and provided for up to four (4) renewals for a period of one year each,
upon mutual agreement of the parties.
1.3 The Contract has not yet been extended.
1.4 Town and Contractor desire to extend the Contract for an additional year.
2 RENEWAL: The term of the Contract is hereby renewed for one additional year. The
Price as defined in section 5 of the Contract is hereby increased to $440,000 for 2026.
3 PROVISIONS CONTINUE IN EFFECT: All provisions of the Contract remain in full force
and effect. All provisions of the Contract relating to the interpretation or application of the
Contract shall apply equally to this Contract Renewal as though fully set forth herein. This
instrument forms a contract only when executed in writing by duly authorized
representatives of Town and Contractor. By their signatures on this document, the
signatories represent that they have actual authority to enter this Contract for the respective
parties.
Signature pages follow.
Attachment 2
Page 2 of 3
CONTRACTOR
By:
Title: _______________________________
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2026, by ______________________________, as
_____________________________ of ______________________________, Contractor. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official seal.
My Commission Expires .
Notary Public
Page 3 of 3
TOWN OF ESTES PARK
By:
Title: _______________________________
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by ,
as of the Town of Estes Park, a Colorado municipal
corporation, on behalf of the corporation, this day of ,2026.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
Through: Town Administrator Machalek
From: Paul J. Fetherston, Internal Services Director
Derek Pastor, Project Manager
Department: Internal Services
Date:
Subject:
Type:
January 13, 2026
Resolution 04-26 Contract for On-Call Plumbing Services with
Maddison Mechanical, Inc
Contract/Agreement, Resolution
Objective
To provide the Town of Estes Park (Town) with an on-call contractor for professional
plumbing services on an on-call, as needed basis. The awarded contractor will enter
into a one-year contract with optional one-year renewals for up to four additional years.
Present Situation:
Currently, the Town does not have any professional plumbing contractors under
contract. As a result, when plumbing needs arise that are beyond the capacity of
Facilities Maintenance staff, the Town must work to secure interested vendors to
provide services. This process can cause delays in response.
In an effort to maximize time and resources relative to plumbing needs, the Town issued
a Request for Proposals (RFP) for on-call plumbing services on October 14, 2025. One
proposal was received by the November 6, 2025 deadline. Following a review of the
proposal and interaction with the contractors that submitted the proposal, staff
recommends that the Town enter into on-call plumbing service contracts with Maddison
Mechanical, Inc.
The Town had previously secured an on-call plumbing contractor in April of 2025
through a competitive process with Town Board contract approval. That contractor has
since closed operations, requiring this subsequent RFP and contracting process.
Proposal:
To consider authorizing the Mayor to sign the contract for on-call plumbing services.
Advantages:
•Priority Service: During a plumbing emergency, the Town has access to immediate
services thereby minimizing wait times and potential damage.
•Expertise, Experience and Equipment: Professional plumbers have (a) a depth of
knowledge and experience ensuring issues are diagnosed and resolved efficiently;
and (b) access to advanced tools and high-quality materials ensuring precise and
durable repairs.
•Resource Allocation: Having professional plumbers on call allows limited Town staff
resources to be allocated appropriately and beneficially.
Disadvantages:
•Cost: Since prices are fixed through an on-call contract, prices could be higher.
Conversely, stable and fixed prices could be an advantage.
Action Recommended:
Staff recommends Town Board approval of the on-call plumbing service contract with
Maddison Mechanical, Inc.
Finance/Resource Impact:
The costs for on-call plumbing services would be processed through either the Facilities
repairs and maintenance account or an account identified by the Department utilizing
the services – absent an emergency that the account could not support.
Level of Public Interest:
There is public interest in the Town repairing and maintaining its facility infrastructure
through professional services in a timely manner.
Sample Motion:
I move to approve/ deny adoption of Resolution 04-26.
Attachments:
1.Resolution 04-26
2.Services Contract with Maddis on Mechanical,
Inc
3.On-Call Plumbing Services RFP
4.On-Call Plumbing Services Proposal from Maddison Mechanical
RESOLUTION 04-26
APPROVING A CONTRACT FOR ON-CALL PLUMBING SERVICES
WHEREAS, the Town of Estes Park (Town) issued a Request for Proposals (RFP) for on-
call plumbing services in October 2025 for purposes of contracting with one or more vendors for
on-call plumbing services; and
WHEREAS, the RFP requires the contractor(s) to provide plumbing services on an on-call
as-needed basis at Town facilities and properties as directed by the Town through a work order
process; and
WHEREAS, through its RFP process, the Town selected one firm to provide on-call
plumbing services as needed; and
WHEREAS, the services provided through this RFP are typically budgeted within the
building repair and maintenance accounts within the facilities division or the budget of the
department requesting services provided by a professional plumber; and
WHEREAS, this contract has been negotiated with the awarded vendor based on the
Town’s RFP process; and
WHEREAS, the Town Board of Trustees wishes to enter into a contract with this firm to
facilitate plumbing services as needed.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the on-call-plumbing services
contract with Maddison Mechanical, Inc. in substantially the form now before the Board.
If, in any fiscal year, the amount to be spent under any such contract will exceed the staff
spending authority under the Town policies, Town Board approval shall be required for exceeding
expenditures under that contract. The approval will authorize further expenditures, not to exceed
an amount specified by the Town Board for that contract year.
DATED this 13th day of January, 2026.
TOWN OF ESTES PARK
Gary Hall, Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT
ON-CALL PROFESSIONAL PLUMBING SERVICES
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Maddison Mechanical, Inc (Contractor), a Colorado corporation whose address is 4161 Mulligan
Drive, Longmont, CO 80504, make this Contract this __________ day of
____________________, 2026, at the Town of Estes Park, Colorado, considering the following
facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Contractor outlined in Contractor’s Proposal; and;
1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms
and conditions stated in this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any: NA
Number Date Pages
2.5 The following Special Conditions of the Contract, if any: NA
Document Title Pages
2.6 Notice of Award;
2.7 Request for Proposals, containing 27 pages, dated October 14, 2025;
2.8 Contractor’s Proposal, containing 10 pages, dated November 4, 2025; and
2.9 Insurance Certificates.
Attachment 2
Town of Estes Park Services Contract -- Page 2 of 10
3 SCOPE OF SERVICES: Contractor shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: The Contractor shall begin
services under this Contract upon receiving Town’s notice to proceed. Contractor shall
timely perform its Services, as directed by the Town.
5 PRICE: The Town will pay Contractor for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Contractor for each individual assignment under this contract, and the not-to-exceed billing
rates provided by the consultant, as described in the Contractor’s Proposal. This Contract
does not create a multiple fiscal year direct or indirect debt or other financial obligation.
Each request for service shall incur a concurrent debt for that request only. All financial
obligations of the Town under this Contract are contingent upon appropriation, budgeting,
and availability of specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONTRACTOR: The Contractor shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Contractor of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Contractor of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Contractor under the following conditions:
7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Contractor is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
Town of Estes Park Services Contract -- Page 3 of 10
8 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
9 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
OF ESTES PARK:
, CO 80517
:
10 COMPLIANCE WITH LAW: Contractor will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Contractor shall defend and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Contractor follows the safety regulations issued by OSHA. The Contractor shall
indemnify, hold harmless, and assume liability on behalf of the Town and its officers,
employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards,
attorney fees and related costs, and any other amounts incurred by the Town in relation to
the Contractor’s noncompliance with the accessibility standards for an individual with a
disability adopted by the Colorado Office of Information Technology pursuant to section 24-
85-103, C.R.S.
11 PERMITS AND LICENSES: The Contractor shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required to have a business license which can be obtained from the Town Clerk’s Office.
12 PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
Town of Estes Park Services Contract -- Page 4 of 10
13 INSURANCE: Contractor shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Contractor shall maintain such coverages for the
insurance listed in Paragraphs 13.2 and 13.3 for two additional years. For any claims-made
policy, Contractor shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
13.1 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000. Contractor shall
require any subcontractor hired by the Contractor to carry Workers’ Compensation
and Employer’s Liability coverage.
13.2 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
13.3 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Contractor’s owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
13.4 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Contractor.
13.5 Contractor shall, upon request, provide Town a certified copy of each required policy.
13.6 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Contractor shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Paul J. Fetherston, Internal Services Director
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
Town of Estes Park Services Contract -- Page 5 of 10
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Contractor and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Contractor, its
officers, employees, agents, subcontractors, or business invitees. They shall be written
as primary policies not contributing to and not in excess of coverage the Town may
carry.
13.7 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall
provide appropriate declarations and evidence of coverage.
13.8 Contractor shall not cancel, change, or fail to renew required insurance coverages.
Contractor shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
13.9 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
13.10 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the Services and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
13.11 Contractor shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
14 INDEMNIFICATION:
14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors
("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the
Town, its officers, employees, and agents ("Indemnitees") from all claims, damages,
losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’
fees), of any nature, kind, or description ("Liabilities") by any third party arising out
of, caused by, or resulting from any Services under this Contract if such Liabilities
are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any
person, or to the injury or destruction of any tangible property (including resulting
loss of use or consequential damages) and (2) caused, in whole or in part, by any
Town of Estes Park Services Contract -- Page 6 of 10
error, omission or negligent act of the Contractor, anyone directly or indirectly
employed by it, or anyone for whose acts Contractor may be liable.
14.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
14.3 As part of this indemnity obligation, the Contractor shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
15 INDEPENDENT CONTRACTOR: Contractor shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Contractor. Contractor shall exercise no
supervision over any employee or official of Town. Contractor shall not represent that it is
an employee or agent of the Town in any capacity. Contractor’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Contractor is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Contractor shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Contractor may each contract with other
parties.
16 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
17 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
18 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Contractor receiving services or benefits
under this Agreement is an incidental beneficiary only.
19 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Contractor’s and
subcontractors’ employees) from the Town's work sites. Such a bar shall not require any
employee's discharge from employment, but shall merely prohibit the employee's presence at
Town’s work sites. Such a bar shall not warrant an increase in contract time or Price.
Town of Estes Park Services Contract -- Page 7 of 10
20 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
21 TERM: This Contract shall commence on the date specified in a forthcoming Notice to
Proceed, and shall continue through December 31, 2026 with the option of four (4)
additional renewals, on an annual basis, upon agreement of both parties.
22 TERMINATION:
22.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
22.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Contractor
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Contractor for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
22.3 If either party so terminates, the Contractor shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by
giving the Contractor written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Contractor shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Contractor, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Contractor may terminate this Contract at
will.
24 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
25 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the
Contractor's Proposal, Contractor may employ subcontractors to perform the Services only
with Town's express prior written approval. Contractor is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subcontractors.
Town of Estes Park Services Contract -- Page 8 of 10
26 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
27 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Contractor. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
28 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
29 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
Town of Estes Park Services Contract -- Page 9 of 10
CONTRACTOR:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2026, by ______________________________, as
_____________________________ of ______________________________, Contractor. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
Town of Estes Park Services Contract -- Page 10 of 10
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by ,
as of the Town of Estes Park, a Colorado municipal
corporation, on behalf of the corporation, this day of , 2026.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
REQUEST FOR PROPOSALS
On-Call Plumbing Services
Tuesday, October 14, 2025
Proposals due by 2:00 PM MDT
Thursday, November 6, 2025
Page | 1
RFP – On-Call Plumbing Services
Attachment 3
PROJECT SUMMARY AND PURPOSE
1.The Town of Estes Park (Town) seeks proposals from Service Providers to provide the Town with
professional Plumbing Services (Services) on an on-call, as-needed basis. The awarded contractor(s)
will enter into a one year contract with optional one-year renewal for up to four additional years. The
Town reserves the right to award multiple Service Providers.
The Town’s objective through this Request for Proposals (RFP) is to establish a list of Service
Providers, at the sole discretion of the Town, eligible to provide as-needed on-call Plumbing Services
for various projects to be determined. For any contract(s) awarded as a result of this RFP, no minimum
or maximum number of projects assigned to selected Consultants can be guaranteed by the Town. The
contract will be administered by the Internal Services Department; however the scope of work may
not be limited to one Division or Department.
More details are provided in the Scope of Services Section.
PROPOSAL SCHEDULE
The following is the schedule for Proposers:
Event Start Date End Date
Deadline for Questions (5:00PM MT)
Preparation (Notices of
Page | 2
RFP – On-Call Plumbing Services
I.INTRODUCTION
PROPOSAL DOCUMENTS
Request for Proposals document can be obtained through Rocky Mountain Purchasing (BidNet)
www.rockymountainbidsystem.com or found on the Town’s Website (https://estespark.colorado.gov/rfp).
The Town of Estes Park, Colorado will receive sealed Proposals for On-Call Plumbing Services until Thursday,
November 6, 2025.
Proposals may be submitted via one of the following methods:
1. ‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System
(www.rockymountainbidsystem.com); or
2. Email in electronic format (PDF) only to Rober Schumaker (rschumaker@estes.org). It is the
Proposer’s responsibility to clearly identify in the email subject line “RFP for ON-CALL
PLUMBING SERVICES”;
Late Proposals will not be accepted or considered.
The Request for Proposal Documents are available on www.rockymountainbidsystem.com as well as on
the Town’s website at www.estes.org/rfp. Interested proposers are responsible for verifying receipt of all
applicable documentation, including any associated addenda. The Town of Estes Park cannot guarantee
accurate information obtained from sources other than BidNet.
WRITTEN QUESTIONS
Prospective proposers may submit written inquiries concerning the requirements of this RFP to the
Project Manager via BidNet or e- mail before the Deadline for Questions listed above. Proposers are
reminded that any changes to the RFP will be by written addenda only and nothing stated verbally shall
change or qualify in any way any of the provisions in the RFP and shall not be binding on the Town.
PROPOSER COMMUNICATIONS & REQUESTS
All correspondence, communications, and contact regarding this RFP shall be with the Town representative
identified as follows:
Robert Schumaker, Facilities Supervisor / Project Manager Facilities
Division, Internal Services Department
Town of Estes Park
170 MacGregor Avenue, Room 100
Estes Park, CO 80517 Phone: 970-577-3957 Email:
rschumaker@estes.org
Prospective Service Providers/ individuals and their representatives shall not make any contact or
communicate with any members of the Town, other than the Project Manager, regarding any aspect of this
RFP.
Page | 3
RFP – On-Call Plumbing Services
II.PROJECT OVERVIEW, SCOPE OF SERVICES
At any time during this procurement up to the time specified in “Proposal Schedule,” prospective Service
Providers/ individuals may submit a request for a clarification or interpretation of any aspect or
requirement of the RFP. All questions and subsequent answers will be included in addendum
documentation.
If it should appear to a prospective service provider that the scope under the contract, or any of the matters
relating thereto, is not sufficiently described or explained in the RFP or contract documents, or that any
conflict or discrepancy exists between different parts thereof or with any Federal, State, or local law,
ordinance, rule, regulation, or other standard or requirement, then the proposers shall submit a written
request for clarification to the Town within the time period specified above.
ADDENDA TO RFP
The Town reserves the right to amend the RFP at any time. Any amendments to or interpretations of the
RFP shall be described in written addenda. The Town shall post addenda for prospective consultants to
access through BidNet and on the Town’s website. It is the responsibility of prospective Service Providers
to access all addenda. All addenda issued shall become part of the RFP.
If the Town determines that the addenda may require significant changes in the preparation of proposals,
the deadline for submitting the proposals may be postponed by the number of days that the Town determines
will allow proposers sufficient time to revise their proposals. Any new due date shall be included in the
addenda.
PROJECT DESCRIPTION
The Town invites submittal of proposals from Service Providers interested in providing Professional On-
Call Plumbing Services. The Town is anticipating contracting annually with two
(2)or more consultants renewable for a total of up to 5-years with services secured through work order(s)
assignments. Work order(s) for each project will take into account the scope of service, work schedule, and
fee proposal submitted to the Town.
SCOPE OF SERVICES
A.General Scope of Services: The scope of services for specific projects will be determined at the time
when the Town solicits work order proposals. The Town’s usage of the on-call services is on an as-
needed basis so that if the demand is not there, then the services will not be requested. For each on-call
service request, the Service Provider and the Town will agree upon a specific scope of work and cost
for that project through a work order process. The Town has the right to retain other Service
Providers at its sole discretion when the Town believes there will be an economic or other significant
advantage in doing so. No minimum amount of work is guaranteed under these agreements.
Compensation will be based on time and material with a not-to-exceed limit agreed upon by both the
Service Provider and Town before work begins based on the mutually agreed work order.
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B. Description of Services: The Service Provider shall provide all labor, management, supervision,
materials, parts, equipment, and transportation necessary to complete maintenance, repair,
modifications, drain/ pipe cleaning and clearing, or installation services of plumbing and related
systems.
Services are to be provided on an ‘on-call, as-needed’ basis in Town owned facilities including but not
limited to:
Communications building (Woodstock Drive)
Service Provider shall be able to provide, at a minimum, the following services on an on-call, as
needed basis, including all labor, materials, and necessary equipment:
• Installation, maintenance, or repair of plumbing, including supply, drain, and vent piping, pipe
appurtenances such as valves and backflow preventers, toilet and shower fixtures, dishwashers,
garbage disposals, water heaters, drinking fountains, etc.;
• Drain clearing (snaking); and
• Drain clearing (jetting).
Service Provider shall be required to remove and dispose of all waste from the Work site. Handling
and disposal of all waste (to include hazardous material and/or waste) shall be conducted by the Service
Provider according to all most recent federal, state, and local health and environmental regulations.
C. Urgent\Emergency Situations. In the event of an urgent or emergency situation related to the general
welfare and safety of the Town, Service Provider shall respond as reasonably as soon as possible when
requested by the Town. The Town shall determine, in its sole discretion, when a situation is urgent or
an emergency (an “Urgent\Emergency Situation”). When the Town’s Representative determines what
work is required, the Service Provider will respond and be ready and available for work at the time the
call for service is received. The Service Provider shall coordinate directly with the Town’s Representative
and perform all of the duties and responsibilities the requested work requires during the term of this
Agreement. Service Provider agrees to follow the Town’s Representative’s directives as to what Work
shall be performed.
D. Emergency Response Time. Service Provider shall be available to perform any and all services on a
twenty-four (24) hour a day, seven (7) day a week basis. For Emergency Response, Service Provider
shall be on-site and ready to provide services no later than two (2)
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hours after the call is placed by the Town’s Representative requesting an emergency response. Failure to
reasonably comply with this maximum response time may result in the termination of this Agreement.
Emergency Response situations are classified as such by the Town’s representative at the Town’s sole
discretion.
E.Emergency Equipment Requirements. Service Provider shall provide all equipment, whether owned
or rented, necessary to perform the Work.
F.Work Authorization Procedure. There are generally five (5) types of situations under which
the Town may assign Work under this Agreement:
1.Emergency Work that requires mobilization as soon as possible after notification is given to the
Service Provider. Emergency is defined as a situation that is a threat to the public health or welfare.
2.Expedited, but non-emergency, non-scheduled Work that the Town desires to expedite due to a benefit
to the Town, such as mitigating negative financial impact, which requires response by the Service
Provider as soon as possible, but no later than within two (2) Calendar Days maximum, after
notification is given to the Service Provider.
3.Non-emergency, non-scheduled Work that requires response by the Service Provider as negotiated
in the schedule development phase of the Work.
4.Scheduled Work, such as for routine maintenance to be performed at pre- determined intervals as
mutually agreed upon by the Parties.
5.Competitive Solicitation. In consideration of Service Provider’s prequalified status, Service
Provider may be requested to submit a sealed bid for a Work Assignment in response to a formal or
informal solicitation issued by the Town.
G.Assignment of Scope of Work.
Non-Emergency Work. Except in the case of Urgent\Emergency Work, which there is no time to develop
a Scope of Work (SOW) before the Work begins, or the scheduled Work has a predetermined SOW,
the Town will develop a specific SOW for each given Work Assignment before the assigned Work
begins. The SOW may include written description of the Work, sketches, drawings, and/or technical
specifications.
Emergency Work. The SOW of Emergency Work shall be to take whatever means are necessary to
stabilize the situation to eliminate the emergency condition. The Town, in consultation with the Service
Provider, shall determine what steps are necessary to stabilize in an emergency situation. Further
remedial Work following stabilization of the emergency will then be handled on either an expedited
basis or non-emergency basis. Thereafter, the Scope of Scheduled Work will be defined in the Work
Assignment.
Before the Work begins, the Town and the Service Provider will review the Scope of Work of each Work
Assignment to ensure the role of each Party is defined and understood. Each SOW will address the
physical features of the Work Assignment, the timeframe for completion of the Work, any necessary
phasing, and whether the Work requires obtaining a permit (such as building permit, NPDES, traffic
control, etc.) or not. At a minimum, the SOW will include a written
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description of the Work to be done, and when appropriate, shall include any required sketch or engineering
drawings.
H.Performance Bonds
For any scope of work with an estimated cost of $50,000 or more, the Service Provider must provide a
performance bond and a payment bond. These bonds must be issued by a surety company authorized to
do business in Colorado and must be in an amount equal to 100% of the contract price. The bonds shall
guarantee the faithful performance of the contract and the payment of all obligations arising thereunder.
The Service Provider shall submit proof of bonding capacity with their cost proposal for each scope of
work with an estimated cost of $50,000 or more. Failure to provide the required bonds within ten (10)
days of the Town’s acceptance of the scope of work cost proposal from the Service Provider may result in
the forfeiture of the scope of work.
I.Invoices. Charges shall comply with Exhibit 4, Schedule of Charges. For any Services required by
the Town in or on Town owned property, or in or on non-Town owned property which the Town is
responsible to pay, Service Provider shall provide a detailed Invoice. Invoices may be on the Service
Provider’s standard form.
Documentation of the costs acceptable to the Town as defined in Exhibit 4 shall be attached to each of
Service Provider’s invoices.
All Invoices shall at a minimum include the following:
•The Town’s Purchase Order Number;
•Dates and times of Services performed;
•Location of the Services performed;
•The name of the Town Representative who authorized each Work Assignment;
•An itemized list of all Services performed;
J.Submission of Invoices. Invoices, including all documentation, may be emailed to Robert Schumaker,
Facilities Supervisor. Alternatively, a hard copy may be mailed to the attention of Robert Schumaker.
The Town reserves the right to request any additional backup information deemed necessary to
substantiate the Service Provider’s (or it’s Subcontractors’) invoiced costs prior to release of payment
for the invoiced services.
K.Compliance with Federal, State and Local Regulations, Rules and Standards. All Work shall be
conducted according to all most recent federal, state, and local regulations. Service Provider is
responsible for obtaining any necessary permits and licenses required to perform Work. All
employees and/or subcontractors of the Service Provider shall be trained and adequately qualified
and/or certified to efficiently, effectively, and lawfully execute the services being rendered.
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USE OF SUBCONSULTANTS
The Service Provider shall indicate in the proposal any on-call work intended to be performed by
subconsultants or persons outside of their firm. The Service Provider shall name the subconsultants, if
known at the time of proposal submittal. Subconsultants shall be bound to meet the same quality standards
and schedules. They will also provide the same level of documentation as described in Section III below.
AWARD OF CONTRACT
A formal contract will be awarded to the responsive and responsible proposing consultant whose proposal,
conforming to the RFP and according to the selection factors, which the Town considers to be most
advantageous to the Town’s interests. If chosen, the Service Provider will enter into an agreement with the
Town via Exhibit 5, Professional Services Contract. The executed contract will include billing rates that the
selected Service Provider will be expected to maintain throughout the first year of the contract. For the
subsequent years in which the contract is renewed, the Town will consider renegotiation of the billing rates
prior to the start of the contract year. Invoicing shall be based on the Service Provider’s hourly rate
schedule provided in the proposal. The successful consultant shall acquire a Town Business License prior
to signing the contract. A Town Business License can be obtained through the Town Clerk’s Office at
https://www.colorado.gov/pacific/townofestespark/businesslicensing.
MATERIAL OWNERSHIP
All material submitted regarding this RFP becomes the property of the Town and will only be returned to
the Service Provider at the Town’s option. The Town has the right to use any or all ideas presented in reply to
this RFP. Disqualification of proposer does not eliminate this right.
RESPONSIBILITY
The selected Service Provider will be required to assume responsibility for all services offered in the
proposal whether or not they possess them within their organization. The selected Service Provider will
be the sole point of contact with regard to contractual matters, including payment of any and all charges
resulting from the contract.
PROPOSAL VALIDITY
The proposer agrees to be bound by its proposal for a period of one-hundred and twenty (120) days from
the deadline to submit proposals pursuant to this RFP, during which time the Town may request
clarification or correction of the proposal for the purpose of evaluation. Amendments or clarifications shall
not affect the remainder of the proposal, but only that portion so amended or clarified.
TERM OF CONTRACT
The term of the contract resulting from this RFP is anticipated to be one-year with up to four one- year
renewals thereafter (for a contract period not to exceed a total of five years). The Town will
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III. PROPOSAL AND INFORMATION
generate the Professional Services Contract (Exhibit 5) in accordance with Town policy.
ORGANIZATION OF THE SUBMISSION
All proposals shall include the following information:
1) Company Profile: A brief overview of the service provider, including its history, size, and experience in
plumbing services, particularly with municipalities or similar clients. The letter should be limited to two
pages.
2) Personnel and Subcontractors Listing: A completed Exhibit 2, Service Provider’s Personnel and
Subcontractors Listing, showing all key personnel and subcontractors that are likely to be assigned to
perform Services under the Agreement.
3) Schedule of Charges: The proposed Exhibit 4, Schedule of Charges, containing the billable hourly
rates for all personnel proposed for assignment to the Project team, and hourly rates for owned
equipment proposed for use on the Project. Any fees such as mobilization or “minimum charges”
should be itemized. Proposing Service Providers can and should include standardized price sheets if
available. Note that expense categories not identified in the Schedule of Charges will not be
reimbursed separately, but are assumed to be included in the billable hourly rates or the percent
markup, whichever is applicable. Reimbursable expenses are reimbursed at cost. The proposed
Schedule of Charges will be the sole basis of payment for the successful Service Provider.
4) Work Experience
A summary of at least three recent projects similar in scope to this RFP, including client references
with contact information.
5) Reference Authorization and Release Form: An executed Exhibit 3 Reference
Authorization and Release Form.
6) Availability: Provide a representative availability and confirm in writing that the Service
Provider will meet the response times outlined for this on-call service.
7) Bonding: Proof of adequate bonding capacity for projects with an estimated cost of $50,000 or more.
8) Licenses: Evidence of applicable state and local plumbing licenses and certifications.
Submittal of a Proposal shall be taken as prima facie evidence that the Proposer has full knowledge of the
scope, nature, quality, and quantity of the Services to be performed, and the detailed requirements and
conditions under which the Services is to be performed.
PROPOSAL SUBMISSION
All proposals must be to the Project Manager by 2:00 PM (MDT) on Thursday, November 6, 2025. Proposals
must be submitted through one of the following means:
A. ‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System
(www.rockymountainbidsystem.com); or
B. Email to Robert Schumaker, Facilities Supervisor/ Project Manager (rschumaker@estes.org) Subject
line: RFP – On-Call Plumbing Services
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LATE PROPOSALS WILL NOT BE ACCEPTED OR CONSIDERED.
PROPRIETARY INFORMATION
All information included in any proposal that is of a proprietary nature must be clearly marked as such.
The Town shall be held harmless from any claims arising from the release of proprietary information not
clearly designated as such by the proposing Service Provider. In general, it is not acceptable to the Town
to mark information other than financial data as proprietary without the written authorization from the
Internal Services Director. Failure to adhere to this restriction could result in rejection of the entire
proposal. The Town has the right to use any or all ideas presented in reply to this RFP. Disqualification of
the proposer does not eliminate this right.
REJECTION OF PROPOSAL
The Town reserves the right to cancel this Request for Proposal; reject any Proposal, in whole or in part; to
modify the Scope of Services to be done as mandated by budgetary requirements; and to waive
informalities or irregularities in the Proposals received, when it is in the Town's best interest to do so. The
total cost of proposal preparation, submission, and any travel or accommodations resulting from invitation
to interview shall be covered by the Service Provider.
USE OF SUBCONSULTANTS
The Service Provider shall indicate in the proposal any work intended to be performed by subcontractors
or persons outside of the Service Provider (e.g., partnering Service Providers, consultants, etc.). The
Service Provider shall name the partner Service Providers, if known, at the time of proposal submittal.
Partners and subcontractors shall be bound to meeting the same quality standards and schedules as the
proposing Service Provider. They will also provide the same level of documentation (insurance &
professional and business licenses).
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The Town, in accordance with Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal
Regulations (CFR), Department of Transportation (DOT), Part 21, for nondiscrimination in federally-
assisted programs, notifies all bidders and proposers that it will affirmatively ensure that, in any contract
entered into for this solicitation, disadvantaged business enterprises will be afforded full opportunity to
participate in the solicitation process and will not be discriminated against on the grounds of race, color,
or national origin. There is no DBE requirement for this project, however DBE participation is strongly
encouraged.
INSURANCE REQUIREMENTS
Insurance Certificates are not required with the proposal but shall be provided by the selected Service
Provider with the signed Professional Services Contract. The Town must approve the successful Service
Provider’s(s) insurance prior to execution of the agreement by the Town. The successful Service
Provider(s) shall also acquire a Town Business License prior to signing the agreement, at their own
expense.
PROPOSAL REVIEW, EVALUATION, & SELECTION PROCESS
Service Providers shall submit a comprehensive, but concise, RFP submittal. Failure of the Service Provider to
provide any information requested in this RFP may result in disqualification of the Page | 10
RFP – On-Call Plumbing Services
submitted proposal.
Submittal Review: The Review Committee shall evaluate and rank proposal submittals based on
alignment with the RFP requirements, Submittal Format, and Review Criteria. Interviews may be
scheduled at the Town’s discretion; however the Town reserves the right to select a Service Provider(s)
based on the proposals only.
Interview of Finalists: At the Town’s option, the field will be narrowed to the top responsive Service
Providers, and they will be invited to interview with the review committee, in a to-be-defined format. The
finalists will have approximately one week to prepare their presentation for the committee.
SELECTION CRITERIA
The objective of the Review Committee will be to evaluate proposals against the criteria set forth here-in:
SELECTION CRITERIA Point Value
Experience and Qualifications: The Service Provider’s relevant experience in
providing on-call plumbing services, particularly in municipal or governmental
30 points
Value and Cost: Competitiveness, value and transparency related to labor rates and fees. 30 points
Response Time and Availability: Ability to respond quickly to emergency service 25 points
Compliance with RFP Requirements: Completeness and accuracy of the proposal in
meeting all outlined submission requirements.
15 points
Total Points 100 points
Based on the point system, the proposals will be ranked in order of the Service Provider’s perceived
ability to perform the work. The top-rated proposals MAY result in interviews, and after interviews, points
may be recomputed.
GENERAL REQUIREMENTS
The successful Service Provider(s) shall:
•Have experience in all professional services requested in this RFP.
•Have current required professional licenses and credentials as required.
•Enter into a contract with the Town to provide On-Call Plumbing services.
•Provide proof of and maintain insurance coverage for the duration of the contract period as
outlined in the Town’s Professional Services Agreement
•Provide performance bonds for any scope of work with an estimated cost of $50,000 or more.
•Operate as an independent contractor and will not be considered employee(s) of the Town.
•Be paid on actual invoices as work is completed.
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TOWN REPRESENTATIVES
The Town’s representative on this project will be Robert Schumaker, Facilities Supervisor/ Project
Manager, of the Internal Services Department. All progress meetings, project review, field meetings, day-
to- day work, and project related contact will be coordinated through the Project Manager or his designee.
PROTEST PROCEDURES
Any person adversely affected by this solicitation shall file with the Town Clerk, Town of Estes Park, P.O.
Box 1200, Estes Park, CO 80517 a Notice of Protest, in writing, at least five (5) calendar days prior to the
date on which proposals are to be received. Protests will be considered and responded to in writing prior
to the proposal due date of Thursday, November 6, 2025. If the protest is sustained, the proposal due date
may be delayed, and an addendum be issued to modify the due date or cancel the solicitation. If the protest
is denied, the proposal due date is upheld, and submissions will be required as originally scheduled.
Any person adversely affected by a decision in connection with this solicitation shall file a Formal Written
Protest, in writing, within five (5) calendar days of receipt of the decision with the Town’s Project
Manager.
The formal written protest shall state with particularity the facts and law upon which the protest is based.
Protesters may not challenge the evaluation criteria or the relative weight of the evaluation criteria or the
formula for making an award determination.
Upon receipt of a formal written protest that has been filed in a timely manner, the Project Manager shall
stop the proposal solicitation process or the award process until the subject of the protest is resolved by
mutual agreement or by final action of the Town’s Board of Trustees.
The Project Manager shall provide an opportunity to resolve the protest by mutual agreement between the
parties within seven (7) working days of receipt of a formal written protest. If the protest is not resolved by
mutual agreement within seven (7) working days, the Project Manager and/or the protestor shall refer the
protest to: Town Administrator, Town of Estes Park, P.O. Box 1200, Estes Park, CO 80517.
The Town’s Board of Trustees will review the protest and the Project Manager’s decision, and either
concur or reverse the decision at the next possible regular meeting of the Town Board.
TOWN OF ESTES PARK
Robert Schumaker
Facilities Supervisor/ Project Manager Town
of Estes Park
Internal Services Department
970-577-39
rschumaker@estes.org
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EXHIBIT 1
TOWN OF ESTES PARK
ACCEPTANCE OF CONDITIONS STATEMENT
No employee, elected or appointed official of the Town of Estes Park, or any such person’s
spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or
personal interest in the proposing Service Provider of this Request for Proposal, except as follows:
I/we hereby agree to all instructions, terms and conditions, and specifications contained herein.
I/we acknowledge receipt of the following Addenda:
Attest
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RFP – On-Call Plumbing Services
IV.EXHIBITS
EXHIBIT 2
SERVICE PROVIDER’S KEY PERSONNEL AND SUBCONSULTANT LISTING
Add lines as needed.
EXHIBIT 3 TOWN OF ESTES PARK
REFERENCE AUTHORIZATION AND RELEASE FORM
To:
A Corporation
By: , A Partnership whose address is
(Proposer)
An Individual
Proposer hereby authorizes Town to perform such investigation of proposer as the Town
deems necessary to establish the qualifications, responsibility and financial ability of
proposer. By its signature hereon, proposer authorizes owner to obtain reference
information concerning proposer and releases the party providing such information named
above and the Town from any and all liability to proposer as a result of any such reference
information provided.
Proposer further waives any right to receive copies of reference information provided to the
Town. An executed copy of this Reference Authorization and Release Form may be used
with the same effectiveness as an original.
By
Print Name
Title
Date
Attachment 4
EXHIBIT 4
SCHEDULE OF CHARGES
The Town of Estes Park seeks proposals from qualified Service Providers to provide as-needed, on- call
Plumbing Services for various projects to be determined. The contract will be administered by the Internal
Services Department; however the scope of work may not be limited to one Division or Department.
Interested Service Providers will provide a proposal as described in the On-Call Plumbing Services RFP
and provide their rates for labor and equipment usage, as provided below. Any and all labor and rate
charges not provided below but that may apply shall also be included.
DEFINITIONS:
•“Journeyman Plumber” An individual who has completed a certified Plumbing
apprenticeship.
•“Plumbers Apprentice” An individual who is currently attending a certified apprenticeship.
•“Laborer”(Plumbers Helper) An individual that assists Journeymen and Apprentices
BID SCHEDULE
RATES FOR LABOR AND EQUIPMENT USAGE
(per hour of actual working time, unless otherwise noted)
Labor Rates (including all surcharges):
Plumbing projects during Regular Business Hours: 8:00 A.M. to 5:00 P.M. Monday–Friday; Excluding
Town Holidays
INCLUDES TRAVEL
Labor Rates (including all surcharges):
Plumbing projects during EMERGENCY HOURS: 5:00 P.M. to 8:00 A.M. Monday–Friday, Saturday
and Sunday; Including Town Holidays
INCLUDES TRAVEL
Additional Items:
1.Are there any surcharges such as fuel, disposables, etc.? Please list.
2.What is your minimum callout time that you bill for emergency and non-emergency?
Equipment:
Please provide a list of the items of equipment that your firm owns that might be necessary for the kinds
of services described in the Scope of Services.
Equipment Type Billable Rate/ Time Period
EXHIBIT 5 TOWN OF ESTES PARK
SERVICES CONTRACT (example)
TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
[Enter Contractor Name] (Contractor), a [Enter Contractor's legal entity, e.g. Colorado
Corporation], whose address is [Enter Contractor's address, including street, city, state & zip],
make this Contract this day of , 2025, at the Town of Estes
Park, Colorado, considering the following facts and circumstances:
1.RECITALS:
1.1 Town desires to use the services of Contractor outlined in Contractor’s Proposal; and;
1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms and
conditions stated in this Contract.
2.CONTRACT:This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract,
are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Pages
2.5 The following Special Conditions of the Contract, if any:
Document Title Pages
2.6 Notice of Award;
2.7 Request for Proposals, containing [Enter number of pages in RFP] pages, dated [Enter
date of RFP];
2.8 Contractor’s Proposal, containing [Enter number of pages in proposal] pages, dated
[Enter proposal date]; and
2.9 Insurance Certificates.
[List here any other documents forming part of the Contract, note this list can vary]
3.SCOPE OF SERVICES: Contractor shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
4.BEGINNING WORK AND COMPLETION SCHEDULE: The Contractor shall begin
services under this Contract upon receiving Town’s notice to proceed. Contractor shall
timely perform its Services, according to the Performance Schedule [Enter how Performance
Schedule is referenced, either as Contract Document (incorporated into) or Exhibit (attached
to), with language to this effect " attached to and incorporated into this Contract or as
otherwise directed by Town."].
5.PRICE: The Town will pay Contractor for the performance of this Contract, not to exceed
[Enter price], as the Price for the total Services performed as stipulated in Contractor’s
Proposal. This Contract does not create a multiple fiscal year direct or indirect debt or other
financial obligation. Each request for service shall incur a concurrent debt for that request
only. All financial obligations of the Town under this Contract are contingent upon
appropriation, budgeting, and availability of specific funds to discharge such obligations.
6.TIME OF PAYMENTS TO CONTRACTOR: The Contractor shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with this
Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any
part of a bill does not conform to this Contract, or claims the right to withhold payment of
any part of a bill, it will promptly notify Contractor of the question, nonconformity or
reasons for withholding.
7.QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Contractor of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Contractor under the following conditions:
7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Contractor is in default of any of its obligations under this Contract or any of the Contract
Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8. CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and the
contract price and completion time shall be modified only as set out in the written change
order.
9. SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
[Enter name, title, & address of Town's [Enter name, title & address of Contractor 's
10. COMPLIANCE WITH LAW: Contractor will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Contractor shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Contractor follows the safety regulations issued by OSHA.
11. PERMITS AND LICENSES: The Contractor shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required to have a business license which can be obtained from the Town Clerk’s Office.
12. PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
13.INSURANCE: Contractor shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Contractor shall maintain such coverages for the
insurance listed in Paragraphs [13.1], 13.3 and 13.4 for two additional years. For any claims-
made policy, Contractor shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
13.1 [if Professional Liability is not necessary, delete section and renumber the remaining
sections under insurance] Professional Liability for at least $1,000,000.
13.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000. Contractor shall
require any subcontractor hired by the Contractor to carry Workers’ Compensation
and Employer’s Liability coverage.
13.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
13.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Contractor’s owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
13.5 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Contractor.
13.6 Contractor shall, upon request, provide Town a certified copy of each required policy.
13.7 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Contractor shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: [INSERT TITLE OF DEPARTMENT CONTACT]
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or
subject to reduction in coverage limits or other modification except after thirty days
prior written notice to the Town. General liability and automobile policies shall be for
the mutual and joint benefit and protection of the Contractor and the Town. These
policies shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Contractor, its
officers, employees, agents, subcontractors, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
13.8 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall
provide appropriate declarations and evidence of coverage.
13.9 Contractor shall not cancel, change, or fail to renew required insurance coverages.
Contractor shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
13.10 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
13.11 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the Services and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
13.12 Contractor shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
14. INDEMNIFICATION:
14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors
("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the
Town, its officers, employees, and agents ("Indemnitees") from all claims, damages,
losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’
fees), of any nature, kind, or description ("Liabilities") by any third party arising out
of, caused by, or resulting from any Services under this Contract if such Liabilities
are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any
person, or to the injury or destruction of any tangible property (including resulting
loss of use or consequential damages) and (2) caused, in whole or in part, by any
error, omission or negligent act of the Contractor, anyone directly or indirectly
employed by it, or anyone for whose acts Contractor may be liable.
14.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
14.3 As part of this indemnity obligation, the Contractor shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
15. INDEPENDENT CONTRACTOR: Contractor shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Contractor. Contractor shall exercise no
supervision over any employee or official of Town. Contractor shall not represent that it is an
employee or agent of the Town in any capacity. Contractor’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Contractor is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Contractor shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Contractor may each contract with other
parties.
16. PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
17. HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
18. NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under
this Contract. Any person besides Town or Contractor receiving services or benefits under
this Agreement is an incidental beneficiary only.
19. TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Contractor’s and
subcontractors’ employees) from the Town's work sites. Such a bar shall not require any
employee's discharge from employment, but shall merely prohibit the employee's presence at
Town’s work sites. Such a bar shall not warrant an increase in contract time or Price.
20. WAIVER: No waiver of any breach or default under this Agreement shall waive any other or
later breach or default.
21. TERM: This Contract shall commence on [Fill in the date contract begins, which can be "its
effective date", a specific date, or "the date specified in a forthcoming Notice to Proceed",
and press F11 to continue], and shall continue through [Fill in the date contract ends, press
F11 to continue] with the option of [Fill in the number of renewals, press F11 to continue]
additional renewals, on an annual basis, upon agreement of both parties.
22. TERMINATION:
22.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
22.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Contractor
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Contractor for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
22.3 If either party so terminates, the Contractor shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
23. SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by
giving the Contractor written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Contractor shall cease their work as efficiently as possible, to keep
total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Contractor, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Contractor may terminate this Contract at
will.
24.ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
25.SUBCONTRACTING: Except subcontractor clearly identified and accepted in the
Contractor's Proposal, Contractor may employ subcontractors to perform the Services only
with Town's express prior written approval. Contractor is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subcontractors.
26.GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
27.AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Contractor. By their signatures on this document, the
signatories represent that they have actual authority to enter this Contract for the respective
parties.
28.INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
29.DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this
Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract,
Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
CONTRACTOR
By:
Date
Title:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
, 2025, by , as
of , Contractor. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
TOWN OF ESTES PARK:
By:
Date
Title:
State of )
County of )
) ss
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2025.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
4161 Mulligan Drive Longmont, CO. 80504 | 303-862-5319 | info@maddisonmechanical.com
RFP-#10142025 On-Call Plumbing Services for Estes Park
11/04/2025
Greetings,
We are honest hard-working people. We pride ourselves on quality workmanship and customer
satisfaction. We carrier a master plumbing license and a plumbing contractor’s license in good standing
with the State of Colorado. With over 35 years of experience in the following:
-Small/medium size new commercial construction.
-Commercial Remodel and Service.
-Boiler/Chiller Replacement & Repair, Hydronic Heating & Hydronic Cooling.
-Plumbing Service & Repair.
-Sewer Scope, Snake and Jetting Service.
-HVAC service.
-Backflow Testing & Repair
-24hr emergency service.
We enjoy the challenge of our work and completing tasks in a timely manner, most of all,
making our customers happy.
We appreciate your time and look forward to working with you in the future.
Thank You, I will be the contact for this project.
Matthew Tipton | Estimator/PM
Maddison Mechanical Inc.
720-210-8527
MatthewT@maddisonmechanical.com
4161 Mulligan Drive Longmont, CO. 80504 | 303-862-5319 | info@maddisonmechanical.com
COMPANY QUALIFICATIONS & EXPERIENCE
Our Company has the following structure, and all employees live in the Greater Denver Area.
All licenses held are in Colorado State and in good standing.
State Contractor #PC.0003525
Matt Cannon -Owner / Master Plumber MP.00600137
Don Browning -Owner / Service Manager / Master Plumber
Amberly Cavalier -Project Manager amberly@maddisonmechanical.com
Matthew Tipton -Estimator / Project Manager / Master Plumber MP.00600453
matthewT@maddisonmechanical.com
Paul Ramsey -Superintendent / Master Plumber
Bobby Browning -Journeyman Plumber JP.03001979
Treffley Trombley -Journeyman Plumber JP.03001251
Austin BigFeather -Journeyman Plumber JP.00600709
We also have several Apprentice Plumbers registered with the State of Colorado who accompany
our Journeyman typically on a 1:1 ratio.
The aforementioned staff have completed several projects this past year successfully. They
include:
Ridgemoor Boiler Replacement 7 Buildings: $899,947.50 Jan 2025 A self-performed project for
Fairfield Residential. A multiple boiler retrofit in 7 occupied buildings. We needed to maintain
heat through a temporary boiler system located outside on a trailer while performing the work to
the permanent systems. 693 Urban Ct Lakewood, CO 80401
Fairfield Residential: Jorge Hernandez 858-812-6754
Scott Elementary School Kitchen re-pipe: July 2025 $17,265.00
A self-performed project for Weld County School District 6. Scott Elementary 3000
13th Street Greeley, CO 80634. PROJECT NO. : 25-148-0527 This project had its
own challenges including electrical conduits embedded in concrete where we needed to
cut for excavation. We handled this with one of our subcontractors to X-ray the concrete
first and mitigate any risk of cutting into a conduit. We were able to complete this
project in a very timely manner without change orders.
Contact: Phillip Baladez pbaladez@greeleyschools.org (970)348-6462
Odea Elementary School mechanical upgrades: Summer 2025 $276,655.00
This was a contract with Golden Triangle Construction and Air Comfort Inc. to replace 2
boilers and 6 RTU’s over the summer.
Contact: Jake Philipsen jphilipsen@gtc1.net 303.532.7749
Beattie Elementary School mechanical upgrades: Summer 2025 $490,600.00
This was a contract with Air Comfort and Bryan Construction to provide a chilled water
system to 6 new RTU’s and replace 37 hydronic VAV boxes. Re-pipe mech room and
update to VFD driven pumps and cooling tower. We had to overcome long lead times on
equipment and handled this by completing the classrooms first to let the occupants
resume their schoolwork. We came back to finish the mechanical room after school had
started and the equipment arrived.
Contact: PM Brittany Broman 970-231-8179 PM Jason Santos
JSantos@aircomfortcolorado.com 970.567.0739
On-Call Plumbing Services for the City of Longmont: RFP-424067 valid 2025-2029
This contract is ongoing for up to 5 years and we have completed several small projects
for the City.
Contact: Tyler Cogswell 720-341-7670 Kyle Block 720-745-3993
On-Call Plumbing Services for the City of Englewood: RFP-25-038 valid 2025-2029
This contract is ongoing for up to 5 years and we have completed several small projects
for the City.
Contact: Elizabeth Watts: 303.762.2412
Longmont Rec. Center: Jan 2025 $17,000.00
This was a project for TCC Corp.
Contact: Brian Crownover bcrownover@tcccorp.net 970.460.0583
Our staff typically handles 60%-100% of the work in-house. We do rely on our
subcontractors for certain areas beyond our expertise. This includes electrical, sheet
metal fabrication, insulation, Controls, concrete saw-cutting and core drilling. We
primarily use:
Fortunato Insulation: Rod Fortunato rod@fortunatoinsulation.com (303) 422-6383
Core & Saw: Ryan Albrecht Ryan@coreandsaw.com (303)548-4869
Air Comfort Inc: Heath Morby hmorby@aircomfortcolorado.com
We own most of the tools required for this job and our shop serves as a hub where trucks
and tools can be serviced and loaded.
Matthew Tipton | Estimator/Project Manager
Maddison Mechanical Inc.
720.210.8527
EXHIBIT 1
TOWN OF ESTES PARK
ACCEPTANCE OF CONDITIONS STATEMENT
No employee, elected or appointed official of the Town of Estes Park, or any such person’s
spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or
personal interest in the proposing Service Provider of this Request for Proposal, except as follows:
I/we hereby agree to all instructions, terms and conditions, and specifications contained herein.
I/we acknowledge receipt of the following Addenda:
Attest
Page | 13
RFP – On-Call Plumbing Services
IV. EXHIBITS
EXHIBIT 2
SERVICE PROVIDER’S KEY PERSONNEL AND SUBCONSULTANT LISTING
Don Browning Service manager/ Owner
Amberly Cavalier Project manager
Paul Ramsey Superintendent
Treffley Trombley Journeyman Plumber
Bobby Browning Journeyman Plumber
Matthew Tipton Estimator
Core & Saw Concrete GPR/ saw cutting/ core drilling
Fortunato Insulation HVAC & piping insulation
Add lines as needed.
EXHIBIT 3 TOWN OF ESTES PARK
REFERENCE AUTHORIZATION AND RELEASE FORM
To:
A Corporation
By: Maddison Mechanical Inc , A Partnership whose address
is
4161 Mulligan Street Mead, CO. 80504 (Proposer)
An Individual
Proposer hereby authorizes Town to perform such investigation of proposer as the Town
deems necessary to establish the qualifications, responsibility and financial ability of
proposer. By its signature hereon, proposer authorizes owner to obtain reference
information concerning proposer and releases the party providing such information named
above and the Town from any and all liability to proposer as a result of any such reference
information provided.
Proposer further waives any right to receive copies of reference information provided to the
Town. An executed copy of this Reference Authorization and Release Form may be used
with the same effectiveness as an original.
By
Print Name
Title
Date
Matthew Tipton
Estimator
11/6/25
EXHIBIT 4
SCHEDULE OF CHARGES
The Town of Estes Park seeks proposals from qualified Service Providers to provide as-needed, on- call
Plumbing Services for various projects to be determined. The contract will be administered by the Internal
Services Department; however the scope of work may not be limited to one Division or Department.
Interested Service Providers will provide a proposal as described in the On-Call Plumbing Services RFP
and provide their rates for labor and equipment usage, as provided below. Any and all labor and rate
charges not provided below but that may apply shall also be included.
DEFINITIONS:
• “Journeyman Plumber” An individual who has completed a certified Plumbing
apprenticeship.
• “Plumbers Apprentice” An individual who is currently attending a certified apprenticeship.
• “Laborer”(Plumbers Helper) An individual that assists Journeymen and Apprentices
BID SCHEDULE
RATES FOR LABOR AND EQUIPMENT USAGE
(per hour of actual working time, unless otherwise noted)
Labor Rates (including all surcharges):
Plumbing projects during Regular Business Hours: 8:00 A.M. to 5:00 P.M. Monday–Friday; Excluding
Town Holidays
HVAC tech
Sewer & Drain Labor $225.00/1st hr and
$125/additional hrs
INCLUDES TRAVEL
Labor Rates (including all surcharges):
Plumbing projects during EMERGENCY HOURS: 5:00 P.M. to 8:00 A.M. Monday–Friday, Saturday
and Sunday; Including Town Holidays
HVAC tech
Sewer & Drain labor $337.50/1st hr and
$187.50/additional hrs
INCLUDES TRAVEL
Type text here
Additional Items:
1. Are there any surcharges such as fuel, disposables, etc.? Please list.
Trip charge $85.00
2. What is your minimum callout time that you bill for emergency and non-emergency?
1-hr
Equipment:
Please provide a list of the items of equipment that your firm owns that might be necessary for the kinds
of services described in the Scope of Services.
Equipment Type Billable Rate/ Time Period
All necessary plumbing tools Included in per hour pricing
Large Sewer Drain Machine Included in per hour pricing
Small sewer drain machine Included in per hour pricing
Backflow testing equipment $75.00 test fee
Sewer locator and camera inspection equipment Included in per hour pricing
Pro-Press Tool $25.00 fee
ADDENDUM NO. 1
PROJECT NAME: ON-CALL PLUMBING SERVICES
PRE-PROPOSAL FOLLOW-UP, QUESTIONS/RESPONSES, CHANGES,
ADDITIONAL INFORMATION
Prepared by:
Derek Pastor, Project Manager
TOWN OF ESTES PARK
PUBLIC WORKS DEPARTMENT
170 MACGREGOR AVE
ESTES PARK, CO 80517
1
ADDENDUM NO. 1
PROJECT NAME: ON-CALL PLUMBING SERVICES
Date of Issue: October 29, 2025
Addendum No. 1 shall become part of the Bid Documents and Scope of Work as if originally
included. This addendum and related documents/attachments will supersede related
information in the original Bid Documents and Scope of Work. The documents for this project
shall be amended as required by the following items. In order to bid on this project, the
Contractor must acknowledge receipt of this Addendum No. 1 with the completion of the Bid
Proposal Form included in the Invitation to Bid.
QUESTIONS / RESPONSES
There were no additional questions or comments received.
END OF ADDENDUM NO. 1
acknowledged
2
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
To: Honorable Mayor Hall & Board of Trustees
Through: Town Administrator Machalek
From: Finance Director Tammy Zimmerman
Department: Finance and Utilities Department, Water Division
Date: January 13, 2026
Subject: Ordinance 01-26 An Ordinance of the Town of Estes Park, Colorado,
Acting By And Through Its Water Activity Enterprise, Authorizing the Execution and
Delivery of a Second Amendment to Construction Loan Agreement and a Second
Amended Construction Loan Note, Series 2022A and Other Documents Related thereto
in Connection with Rebuilding and Improving the Water Distribution System of the
Former Prospect Mountain Water Company; and Declaring an Emergency
Type: Ordinance
Objective:
To authorize an emergency ordinance extending the maturity of the CoBank
Construction Loan Note, Series 2022A, to allow additional time for refinancing through
the United States Department of Agriculture- Rural Development (USDA-RD) Direct
Loan proceeds.
Present Situation:
The Prospect Mountain Water reconstruction project is substantially complete and was
originally financed through CoBank’s Construction Loan Note, Series 2022A, in the
amount of $4,493,000. This loan was approved by the Town Board under Ordinance
No. 15-22, and subsequently extended the loan maturity to February 1, 2026, through
Ordinance No. 14-25.
Due to a combination of factors—including staffing transitions within USDA-RD, a
federal government shutdown, and an extended construction closeout process with the
contractor, the Town has been unable to finalize and close on the USDA-RD Direct
Loan funding to date. Utility and Finance Department staff continue to actively
coordinate with both the contractor and USDA-RD to complete all remaining closeout
and loan documentation requirements.
To avoid potential loan default and to protect the Town’s financial position and credit
standing, staff has requested an additional maturity extension from CoBank. CoBank
has agreed to extend the loan maturity from February 1, 2026, to January 20, 2027,
under the existing variable interest rate terms, with no penalty for early repayment.
This longer extension will allow the loan to be classified as a long-term liability rather
than a current liability, improving the Town’s balance sheet presentation and overall
financial position. The Town Board has also been informed that spending on the Mall
Road project has been placed on hold until USDA refinancing for the Prospect Mountain
Water project is completed.
Proposal:
Staff recommends that the Board approve Emergency Ordinance 01-26, authorizing
execution of the Second Amendment to the Loan Agreement and Second Amended
Construction Loan Note, Series 2022A, and related documents.
Advantages:
• Provides sufficient time for USDA-RD to complete all approvals and finalize
Direct Loan refinancing.
• Avoids potential loan default and protects the Town’s cash reserves and
creditworthiness.
• Improves financial reporting by maintaining the loan as a long-term liability.
.
Disadvantages:
• Prospect Mountain property owners will be assessed the additional interest
expense accrued under CoBank’s variable interest rate loan.
• The USDA-RD Direct Loan program offers a lower interest rate that was
estimated to be 2.375% in 2022. The final interest cost is not yet known, as
construction is not yet closed out. All project costs and savings will be evaluated
upon completion.
Action Recommended:
Staff recommends approval of the Emergency Ordinance authorizing the loan maturity
extension.
Finance/Resource Impact:
Current Impact:
No change to the existing Loan funding budget of $4,493,000 in Water Fund account
503-000-388.40-00.
Interest charges exceeded the original budget of $165,083 in Water Fund Account 503-
6700-470.41-02 and a recent budget amendment added $260,000 to cover the overage.
Future Ongoing Impacts:
Continued interest and future USDA-RD debt service payments will be allocated to
Prospect Mountain property owners. A future budget amendment will be required to
reflect these charges and assessments.
Future One Time Impacts:
This is not expected to impact future one-time costs.
Level of Public Interest:
Low
Sample Motion:
I move for the approval/denial of Emergency Ordinance 01-26.
Attachments:
1. Ordinance 01-26
2. Construction Loan Second Amendment
3. Ordinance 15-22 Authorizing CoBank Series 2022a Loan
4. Redline Construction Loan First Amendment
5. Presentation
4898-7560-1532.2
TOWN OF ESTES PARK, COLORADO,
ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE
ORDINANCE NO. 01-26
AN ORDINANCE OF THE TOWN OF ESTES PARK, COLORADO,
ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE,
AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND
AMENDMENT TO CONSTRUCTION LOAN AGREEMENT AND A
SECOND AMENDED CONSTRUCTION LOAN NOTE, SERIES 2022A
AND OTHER DOCUMENTS RELATED THERETO IN CONNECTION
WITH REBUILDING AND IMPROVING THE WATER DISTRIBUTION
SYSTEM OF THE FORMER PROSPECT MOUNTAIN WATER
COMPANY; AND DECLARING AN EMERGENCY.
WHEREAS, the Town of Estes Park, Colorado (the “Town”) is a statutory town and
political subdivision duly organized and existing pursuant to the constitution and laws of the State
of Colorado; and
WHEREAS, the Board of Trustees (the “Board”) of the Town has formally established a
Water Activity Enterprise (the “Enterprise”) pursuant to Ordinance No. 08-99; and
WHEREAS, the Town, acting by and through the Enterprise, operates and maintains a
municipal water system within the Town and surrounding areas for the distribution of treated
water; and
WHEREAS, such municipal water system has been and continues to be operated by the
Enterprise as a government-owned business, which is authorized to issue its own revenue bonds
and receives under 10% of annual revenue in grants from all Colorado state and local governments
combined, and the Enterprise is determined to be an enterprise within the meaning of Article X,
Section 20 of the Colorado Constitution; and
WHEREAS, the Town, acting by and through the Enterprise, provided treated water to the
Prospect Mountain Water Company, Inc. (the “Company”) for years as a bulk water customer, and
the Company distributed such water through its own distribution system (the “Prospect Mountain
System”) to property owners in the Company’s service area; and
WHEREAS, following the bankruptcy of the Company, the Town, acting by and through
the Enterprise, and the Bankruptcy Trustee, acting for the Company, entered into a Voluntary
Water System Transfer Agreement for the transfer of the Prospect Mountain System to the Town
in order for the Town, acting by and through the Enterprise, to undertake the rebuilding and
improvement of the Prospect Mountain System to Town standards (the “Project”); and
WHEREAS, in order to provide funds to pay a portion of the costs of the Project, the Board,
acting as the governing body of the Enterprise, entered into a Construction Loan Agreement dated
as of October 11, 2022 (the “Original Loan Agreement”) with CoBank, ACB, as lender (the
Attachment 1
2
4898-7560-1532.2
“Lender”), pursuant to which the Lender made an interim construction loan evidenced by a
Construction Loan Note, Series 2022A dated October 11, 2022 (the “Original Series 2022A
Note”), which was executed and delivered by the Town, acting by and through the Enterprise, in
a principal amount of $4,493,000.00; and
WHEREAS, voter approval was not required under Article X, Section 20 of the Colorado
Constitution for the execution of the Original Loan Agreement or the issuance of the Original
Series 2022A Note; and
WHEREAS, the Original Series 2022A Note was expected to be repaid to the Lender from
the proceeds of a Direct Loan (the “USDA Direct Loan Proceeds”) to the Town, acting by and
through the Enterprise, from the United States Department of Agriculture, acting through the
United States Department of Agriculture–Rural Development (“USDA-RD”); and
WHEREAS, the USDA Direct Loan Proceeds were not available to repay the Original
Series 2022A Note on or before its scheduled maturity date of August 1, 2025; and
WHEREAS, the Lender agreed to extend the maturity date of the Original Series 2022A
Note as provided in the First Amendment to Loan Agreement entered into as of July 31, 2025
between the Town, acting by and through the Enterprise, and the Lender (the “First Amendment
to Loan Agreement”), and to accept an amended Construction Loan Note, Series 2022A (the “First
Amended Series 2022A Note”) in exchange for the Original Series 2022A Note; and
WHEREAS, voter approval was not required for the execution and delivery of the First
Amendment to Loan Agreement and the First Amended Series 2022A Note; and
WHEREAS, the First Amended Series 2022A Note was expected to be repaid to the Lender
from the USDA Direct Loan Proceeds loaned to the Town, acting by and through the Enterprise,
from the USDA-RD; and
WHEREAS, the First Amended Series 2022A Note matures on February 1, 2026, and the
USDA Direct Loan Proceeds will not be available to repay the First Amended Series 2022A Note
on or before such maturity date; and
WHEREAS, the Lender has agreed to extend the maturity date of the First Amended
Series 2022A Note as provided in the Second Amendment to Loan Agreement between the Town,
acting by and through the Enterprise, and the Lender (the “Second Amendment to Loan
Agreement”), and to accept an amended Construction Loan Note, Series 2022A (the “Second
Amended Series 2022A Note”) in exchange for the First Amended Series 2022A Note; and
WHEREAS, voter approval is not required for the execution and delivery of the Second
Amendment to Loan Agreement and the Second Amended Series 2022A Note; and
WHEREAS, none of the members of the Board have any potential conflicting interests in
connection with the execution and delivery of the Second Amendment to Loan Agreement and the
Second Amended Series 2022A Note; and
3
4898-7560-1532.2
WHEREAS, the Board, acting as the governing body of the Enterprise, desires to authorize
the execution of the Second Amendment to Loan Agreement and the Second Amended
Series 2022A Note, and other documents in connection therewith.
BE IT HEREBY ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, ACTING AS THE GOVERNING BODY OF ITS WATER
ACTIVITY ENTERPRISE:
Section 1. Definitions. Capitalized terms used herein and not otherwise defined shall
have the same meanings, respectively, as provided in the Original Loan Agreement. In addition,
as used herein, the following capitalized terms shall have the respective meanings set forth below,
unless the context indicates otherwise:
“Authorized Officer” means the Mayor, the Mayor Pro Tem, the Town Administrator, the
Finance Director of the Town, or the Director of Utilities of the Town or any other person
designated as an Authorized Officer by ordinance or resolution of the Board and submitted to the
Lender.
“USDA-RD” means the United States Department of Agriculture, acting through the United
States Department of Agriculture-Rural Development, and its successors and assigns.
Section 2. Authorization. The Second Amendment to Loan Agreement and the Second
Amended Series 2022A Note, in substantially the forms presented to the Board at this meeting,
with such changes as are not inconsistent with the intent of this Ordinance and are approved by
general counsel or bond counsel to the Town, are hereby authorized and approved. The Town,
acting by and through the Enterprise, shall enter into and deliver the Second Amendment to Loan
Agreement and the Second Amended Series 2022A Note and perform its obligations thereunder.
The Mayor or Mayor Pro Tem of the Town, acting as a member of the governing body of
the Enterprise, is hereby authorized and directed to execute, and the Town Clerk or any deputy is
authorized to attest and affix the seal of the Town to, the Second Amendment to Loan Agreement
and the Second Amended Series 2022A Note with the amended Maturity Date. The Town
Treasurer is hereby authorized and directed to authenticate the Second Amended Series 2022A
Note with the amended Maturity Date. Such Authorized Officers are further authorized and
directed to execute such other documents, instruments or certificates as are deemed necessary or
desirable in connection therewith. The execution of any instrument by said officials shall be
conclusive evidence of the approval by the Town, acting by and through the Enterprise, of such
instrument in accordance with the terms of such instrument and this Ordinance.
Section 3. Note Details. The Town, acting by and through the Enterprise, shall deliver
the Second Amended Series 2022A Note to the Lender in exchange for the First Amended
Series 2022A Note previously issued to the Lender. The Second Amended Series 2022A Note
shall remain in an aggregate principal amount of $4,493,000.00, shall remain as originally dated,
shall bear interest at a variable rate as originally provided in the Original Loan Agreement, and
shall mature not later than the amended Maturity Date provided in the Second Amendment to Loan
Agreement, or earlier if the Second Amended Series 2022A Note is prepaid in full pursuant to the
Original Loan Agreement and may be made subject to prepayment with or without prepayment
4
4898-7560-1532.2
penalty, as provided by the Original Loan Agreement and the Final Terms Certificate executed in
connection with the Original Series 2022A Note.
Section 4. Enterprise Status. The Board hereby determines that the Enterprise is an
“enterprise” within the meaning of Article X, Section 20 of the Colorado Constitution. The Town
has and will continue to use its best efforts to maintain the System as an “enterprise” within the
meaning of Article X, Section 20 of the Colorado Constitution, and the meaning of Title 37,
Article 45.1, C.R.S.
Section 5. Amendment of Ordinance. The Town shall not amend this Ordinance without
the consent of the Lender.
Section 6. Authorization To Execute Documents. The Authorized Officers shall and
are hereby authorized and directed to take all actions necessary or appropriate to effectuate the
provisions of this Ordinance, including, but not limited to, the execution of such documents,
certificates and affidavits as may be reasonably required by the Lender or bond counsel to the
Town. The execution by any Authorized Officer of any document authorized herein shall be
conclusive proof of the approval by the Town of the terms thereof. The Town Clerk or any deputy
is hereby authorized and directed to attest, as necessary, all signatures and acts of the Mayor or
any official of the Board or the Town in connection with the matters authorized by this Ordinance,
and to place the seal of the Town, as necessary, on the documents authorized and approved by this
Ordinance and all other additional certificates, documents and other papers associated with the
transactions and other matters authorized by this Ordinance. The Mayor, Mayor Pro Tem, the
Town Administrator, the Finance Director of the Town and all other officials, employees and
agents of the Board or the Town are hereby authorized to execute and deliver for and on behalf of
the Town or the Enterprise any and all additional certificates, documents and other papers in
connection with the transactions contemplated by this Ordinance, and to perform all other acts that
they may deem necessary or appropriate in order to implement and carry out the transactions and
other matters authorized or contemplated by this Ordinance.
Section 7. Ratification of Prior Actions. All actions heretofore taken (not inconsistent
with the provisions of this Ordinance) by the Board or by the officers and employees of the Town
directed toward the undertaking of the Project, the execution of the Original Loan Agreement, the
First Amendment to Loan Agreement, and the Second Amendment to Loan Agreement, and the
issuance of the Original Series 2022A Note, the First Amended Series 2022A Note, and the Second
Amended Series 2022A Note, for the purposes herein set forth are hereby ratified, approved and
confirmed.
Section 8. Headings. The headings of the various sections and paragraphs in this
Ordinance have been inserted solely for the convenience of the reader, are not a part of this
Ordinance, and shall not be used in any manner to interpret this Ordinance.
Section 9. Ordinance Irrepealable. This Ordinance shall constitute a contract between
the Owner of the Second Amended Series 2022A Note, and the Town, acting by and through the
Enterprise, and shall be and remain irrepealable until the Second Amended Series 2022A Note and
the interest accruing thereon shall have been fully paid, satisfied, and discharged.
5
4898-7560-1532.2
Section 10. Severability. It is hereby expressly declared that all provisions hereof and
their application are intended to be and are severable. In order to implement such intent, if any
provision hereof or the application thereof is determined by a court or administrative body to be
invalid or unenforceable, in whole or in part, such determination shall not affect, impair or
invalidate any other provision hereof or the application of the provision in question to any other
situation; and if any provision hereof or the application thereof is determined by a court or
administrative body to be valid or enforceable only if its application is limited, its application shall
be limited as required to most fully implement its purpose.
Section 11. Repealer. All orders, bylaws, resolutions and ordinances of the Town, or
parts thereof, inconsistent or in conflict with this Ordinance are hereby repealed to the extent only
of such inconsistency or conflict.
Section 12. Recording and Authentication. This Ordinance, immediately upon its
passage, shall be recorded in the Town book of Ordinances kept for this purpose, and shall be
authenticated by the signatures of the Mayor and the Town Clerk.
Section 13. Emergency Declaration. The Board hereby declares that, because the
maturity date of the First Amended Series 2022A Note, as originally issued, is less than 30 days
from the date hereof and the Town lacks the available funds, either from the USDA-RD or its own
accounts, to pay the amount due on such First Amended Series 2022A Note on the maturity date,
that an emergency exists. The Board hereby further declares that, due to such emergency, this
Ordinance is necessary to the immediate preservation of the public peace, welfare, health and
safety of the residents of the Town and is being adopted as an emergency ordinance.
6
4898-7560-1532.2
INTRODUCED, READ BY TITLE, APPROVED AND ADOPTED BY THE
AFFIRMATIVE VOTE OF ____ MEMBERS OF THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK, COLORADO, ACTING AS THE GOVERNING BODY OF ITS WATER
ACTIVITY ENTERPRISE, THIS 13TH DAY OF JANUARY 2026.
[SEAL]
By
Mayor
ATTEST:
By
Town Clerk
APPROVED AS TO FORM:
By
Daniel E. Kramer, Town Attorney
By
Kutak Rock LLP, Bond Counsel
4921-9736-4604.2
SECOND AMENDMENT TO CONSTRUCTION LOAN AGREEMENT AND
SECOND AMENDED CONSTRUCTION LOAN NOTE, SERIES 2022A
THIS SECOND AMENDMENT TO CONSTRUCTION LOAN AGREEMENT AND
SECOND AMENDED CONSTRUCTION LOAN NOTE, SERIES 2022A (this “Second
Amendment”), is made and entered into as of January ___, 2026 (the “Effective Date”), by and
between the TOWN OF ESTES PARK, COLORADO (the “Town”), ACTING BY AND
THROUGH ITS WATER ACTIVITY ENTERPRISE (the “Enterprise”), and COBANK, ACB (the
“Lender”).
WHEREAS, the Town is a statutory town and political subdivision duly organized and
existing pursuant to the constitution and laws of the State of Colorado; and
WHEREAS, the Board of Trustees (the “Board”) of the Town has formally established the
Enterprise pursuant to Ordinance No. 08-99; and
WHEREAS, the Town, acting by and through the Enterprise, operates and maintains a
municipal water system within the Town and surrounding areas for the distribution of treated
water; and
WHEREAS, such municipal water system has been and continues to be operated by the
Enterprise as a government-owned business, which is authorized to issue its own revenue bonds
and receives under 10% of annual revenue in grants from all Colorado state and local governments
combined, and the Enterprise has been determined to be an enterprise within the meaning of
Article X, Section 20 of the Colorado Constitution; and
WHEREAS, the Town, acting by and through the Enterprise, provided treated water to the
Prospect Mountain Water Company, Inc. (the “Company”) for years as a bulk water customer, and
the Company distributed such water through its own distribution system (the “Prospect Mountain
System”) to property owners in the Company’s service area; and
WHEREAS, following the bankruptcy of the Company, the Town, acting by and through
the Enterprise, and the Bankruptcy Trustee, acting for the Company, entered into a Voluntary Water
System Transfer Agreement for the transfer of the Prospect Mountain System to the Town in order
for the Town, acting by and through the Enterprise, to undertake the rebuilding and improvement
of the Prospect Mountain System to Town standards (the “Project”); and
WHEREAS, in order to provide funds to pay a portion of the costs of the Project, the Board,
acting as the governing body of the Enterprise, entered into a Construction Loan Agreement dated
as of October 11, 2022 (the “Original Loan Agreement”) with the Lender, pursuant to which the
Lender made an interim construction loan evidenced by a Construction Loan Note, Series 2022A
dated October 11, 2022 (the “Original Series 2022A Note”), which was executed and delivered by
the Town, acting by and through the Enterprise, in a principal amount of $4,493,000.00; and
WHEREAS, voter approval was not required under Article X, Section 20 of the Colorado
Constitution for the execution of the Original Loan Agreement or the issuance of the Original
Series 2022A Note; and
Attachment 2
2
4921-9736-4604.2
WHEREAS, the Original Series 2022A Note was expected to be repaid to the Lender from
the proceeds of a Direct Loan (the “USDA Direct Loan Proceeds”) to the Town, acting by and
through the Enterprise, from the United States Department of Agriculture, acting through the
United States Department of Agriculture–Rural Development (“USDA-RD”); and
WHEREAS, the USDA Direct Loan Proceeds were not available to repay the Original
Series 2022A Note on or before its scheduled maturity date of August 1, 2025; and
WHEREAS, the Lender agreed to extend the maturity date of the Original Series 2022A
Note as provided in the First Amendment to Loan Agreement entered into as of July 31, 2025
between the Town, acting by and through the Enterprise, and the Lender (the “First Amendment
to Loan Agreement”), and to accept an amended Construction Loan Note, Series 2022A (the “First
Amended Series 2022A Note”) in exchange for the Original Series 2022A Note; and
WHEREAS, voter approval was not required for the execution and delivery of the First
Amendment to Loan Agreement and the First Amended Series 2022A Note; and
WHEREAS, the First Amended Series 2022A Note was expected to be repaid to the Lender
from the USDA Direct Loan Proceeds loaned to the Town, acting by and through the Enterprise,
from the USDA-RD; and
WHEREAS, the First Amended Series 2022A Note matures on February 1, 2026, and the
USDA Direct Loan Proceeds will not be available to repay the First Amended Series 2022A Note
on or before such maturity date; and
WHEREAS, the Lender has agreed to extend the maturity date of the First Amended
Series 2022A Note as provided in the Second Amendment to Loan Agreement between the Town,
acting by and through the Enterprise, and the Lender (the “Second Amendment to Loan
Agreement”), and to accept an amended Construction Loan Note, Series 2022A (the “Second
Amended Series 2022A Note”) in exchange for the First Amended Series 2022A Note; and
WHEREAS, the Town, acting by and through the Enterprise, and the Lender desire to
extend the maturity date of the First Amended Series 2022A Note by amending the Original Loan
Agreement and the First Amendment to Loan Agreement, and the Original Series 2022A Note and
the First Amended Series 2022A Note as set forth in this Second Amendment and exchanging the
First Amended Series 2022A Note for the Second Amended Series 2022A Note ; and
WHEREAS, voter approval is not required for the execution and delivery of this Second
Amendment to Loan Agreement and the Second Amended Series 2022A Note.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the parties hereto agree as follows:
Section 1. Definitions. Capitalized terms used herein and not otherwise defined shall
have the same meanings, respectively, as provided in the Original Loan Agreement.
3
4921-9736-4604.2
Section 2. Amendment of Maturity Date Definition. The definition of Maturity Date in
Section 1.01 of the Original Loan Agreement and in Section 2 of the First Amendment to Loan
Agreement is hereby amended and restated as follows:
“ ‘Maturity Date’ means, with respect to the Series 2022A Note, the final scheduled
maturity of principal of the Loan, i.e., January 4, 2027, or such later date as
approved by the Lender in its discretion pursuant to a request for extension
submitted to the Lender by the Borrower. Any extension of the Maturity Date must
be requested by the Borrower to the Lender prior to the Maturity Date and shall be
subject to an opinion of Bond Counsel to the effect that such extension will not
cause interest on the Series 2022A Note to be included in gross income for federal
income tax purposes. The Maturity Date shall not exceed the estimated life of the
Project, but in no event be beyond 40 years from the date of the Series 2022A Note.”
Section 3. Amendment of Final Principal Payment Date in Exhibit A of the Original
Loan Agreement and Exhibit A to the First Amendment to Loan Agreement. The form of
the Original Series 2022A Note, attached to the Original Loan Agreement as Exhibit A, and the
form of the First Amended Series 2022A Note, attached to the First Amendment to Loan
Agreement as Exhibit A, are hereby amended to replace the original Final Principal Payment Date
of August 1, 2025 and the First Amended Final Principal Payment Date of February 1, 2026, with
the amended Final Principal Payment Date of January 4, 2027 and to make conforming
amendments therein, and the Town, acting by and through the Enterprise, shall issue to the Lender
the Second Amended Series 2022A Note in substantially the form attached hereto as Exhibit A.
Section 4. Lender Consent. The Lender hereby acknowledges and consents to this
Second Amendment in accordance with the requirements of Section 7.21 of the Original Loan
Agreement and waives any notice or other requirements related thereto.
Section 5. Delivery of Second Amended Series 2022A Note. The Town, acting by and
through the Enterprise, shall deliver to the Lender a fully executed and authenticated Second
Amended Series 2022A Note with the amended Final Principal Payment Date as shown on
Exhibit A hereto, in exchange for the First Amended Series 2022A Note delivered to the Lender.
The First Amended Series 2022A Note shall be returned to the Town or its bond counsel promptly
following the delivery of the Second Amended Series 2022A Note to the Lender.
Section 6. Conditions Precedent to this Second Amendment. The agreement of the
Lender to enter into this Second Amendment is subject to the conditions precedent that the Lender
shall have received or waived the requirement for the following, in form and substance satisfactory
to the Lender:
(a)this Second Amendment, properly executed by the Town, acting by and through the
Enterprise, and by the Lender;
(b)the Second Amended Series 2022A Note, properly executed and authenticated by
the Town, acting by and through the Enterprise;
4
4921-9736-4604.2
(c)an executed copy of the ordinance of Town, acting by and through the Enterprise,
authorizing the execution, delivery and performance of this Second Amendment and the issuance
of the Second Amended Series 2022A Note;
(d)an opinion of Bond Counsel to the effect that the extension of the maturity date of
the Loan, as provided in the Second Amended Series 2022A Note, will not cause interest on the
Original Series 2022A Note, the First Amended Series 2022A Note or the Second Amended
Series 2022A Note to be includable in gross income for federal income tax purposes; and
(e) any other documents or items required by the Lender.
Section 7. Effective Date. This Second Amendment shall be effective from and after the
Effective Date stated above.
Section 8. Original Loan Agreement in Full Force and Effect. The Original Loan
Agreement, as previously amended and as amended hereby, shall be and remain in full force and
effect in accordance with its terms and hereby is ratified and confirmed in all respects.
Section 9. Counterparts. This Second Amendment may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
Section 10. Agreement to Pay Costs. The Town, acting by and through the Enterprise,
hereby agrees to pay, or cause to be paid, all costs associated with the preparation, review, and
delivery of this Second Amendment, including the fees and expenses of counsel to Lender.
Section 11. Further Assurances. The parties hereto hereby agree that they will, from
time to time, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and
delivered, such further acts, instruments, conveyances, transfers, and assurances, as either of them
reasonably deems necessary or advisable for the implementation, correction, confirmation, or
perfection of this Second Amendment and any rights of such party as contemplated hereunder.
5
4921-9736-4604.2
IN WITNESS WHEREOF, the Town, acting by and through the Enterprise, and the
Lender have caused this Second Amendment to be duly executed and attested, all as of the day and
year first above written.
[SEAL] TOWN OF ESTES PARK, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE
By Mayor
Attested:
By
Town Clerk
COBANK, ACB, as Lender
By Authorized Representative
APPROVED AS TO FORM:
By:
Daniel E. Kramer, Town Attorney
By:
Kutak Rock LLP, Bond Counsel
4921-9736-4604.2
EXHIBIT A
FORM OF SERIES 2022A NOTE
THIS SERIES 2022A NOTE WAS ISSUED AS AN EXEMPT SECURITY OR IN A
TRANSACTION EXEMPT FROM REGISTRATION UNDER THE SECURITIES ACT
OF 1933, AS AMENDED. UNDER NO CIRCUMSTANCES SHALL THIS SERIES 2022A
NOTE BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED OR DISPOSED OF
EXCEPT IN THE MANNER PROVIDED IN SECTION 7.12 OF THE AGREEMENT AND
THE NOTE ORDINANCE PURSUANT TO WHICH IT WAS ISSUED AND IN
COMPLIANCE WITH APPLICABLE STATE AND FEDERAL SECURITIES LAWS.
ANY TRANSFER OR PURPORTED TRANSFER IN VIOLATION OF SUCH SECTIONS
OR SUCH LAWS SHALL BE VOID AND OF NO EFFECT.
UNITED STATES OF AMERICA
STATE OF COLORADO
COUNTY OF LARIMER
TOWN OF ESTES PARK, COLORADO,
ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE
CONSTRUCTION LOAN NOTE
(PROSPECT MOUNTAIN WATER DISTRIBUTION PROJECT)
SERIES 2022A
No. 00138635T01 Not to Exceed $4,493,000.00
Variable January 4, 2027 October 11, 2022
REGISTERED OWNER: COBANK, ACB
PRINCIPAL SUM: NOT TO EXCEED FOUR MILLION FOUR HUNDRED
NINETY-THREE THOUSAND DOLLARS
The Town of Estes Park, Colorado, acting by and through its Water Activity Enterprise (the
“Borrower”), for value received, hereby promises to pay, in lawful money of the United States of
America, to the Registered Owner specified above (the “Lender”) or registered assigns, on the
Final Principal Payment Date specified above (the “Maturity Date”), unless the maturity of this
Series 2022A Note is extended by the Lender or unless this Series 2022A Note shall be prepaid
and payment of the prepayment price made or provided for, but solely from the sources hereinafter
Attachment 3
A-2
4921-9736-4604.2
identified, the Principal Sum specified above (or so much thereof as has been advanced by the
Lender (the “Principal Balance”)) and to pay interest on such Principal Balance in like manner,
but solely from the sources hereinafter identified, at the interest rate equal to the Benchmark
(initially, the Daily Simple SOFR Rate) (both as defined in the Agreement defined hereinafter)
payable on the Payment Date. As used herein, the term “Payment Date” means (a) February 1 and
August 1 of each year for the payment of interest on this Series 2022A Note in arrears,
commencing February 1, 2023 and including the Maturity Date (or earlier, if this Series 2022A
Note shall be prepaid pursuant to the terms of the Agreement) and (b) the Maturity Date and any
other date on which the principal of this Series 2022A Note or any portion thereof is required to
be repaid or prepaid under the terms of the Agreement. This Series 2022A Note shall bear interest
at a variable interest rate, calculated as provided in the Agreement (as defined hereinafter) on the
actual number of days this Series 2022A Note is Outstanding on the basis of a year consisting of
360 days, through and including the Maturity Date. The Maturity Date may (at the sole discretion
of the Lender) be extended as provided in the Agreement (as defined hereinafter).
Interest payments hereon shall be made to the Registered Owner hereof appearing on the
registration books of the Borrower maintained by the Town Treasurer as note registrar (the “Note
Registrar”) by check or draft or at the request of the Registered Owner, by wire transfer or
automated clearing house (ACH) payment to a bank account number maintained by such
Registered Owner in the United States of America and designated in written instructions given to
the Note Registrar at least fifteen (15) days prior to a Payment Date.
This Series 2022A Note is issued by the Borrower in anticipation of the receipt of the
USDA Direct Loan (as defined in the Agreement) to be received by the Borrower and in conformity
with ordinances of the Borrower (collectively, the “Note Ordinance”) and a Construction Loan
Agreement dated as of October 11, 2022, as amended by the First Amendment to Construction
Loan Agreement dated July 31, 2025 and the Second Amendment to Construction Loan Agreement
dated January___, 2026 (together, the “Agreement”), by and between the Borrower and the Lender,
and reference is hereby made to the Note Ordinance and the Agreement for a more complete
statement as to the source of payment of the Series 2022A Note and the rights of the Lender as
Owner of the Series 2022A Note. The proceeds of the Series 2022A Note will be used to:
(i)finance the rebuilding and upgrading of the water distribution system of the former Prospect
Mountain Water Company to Town standards by the Borrower (the “Project”); (ii) fund capitalized
interest, if any; and (iii) pay the costs of issuance of this Series 2022A Note, each to the extent
approved in writing by USDA-RD.
This Series 2022A Note, including the interest hereon, is a limited obligation of the
Borrower payable solely from the future proceeds of the USDA Direct Loan, the Net Revenues
and any other legally available moneys of the Borrower authorized for such use under the
Agreement. This Series 2022A Note and the interest hereon are not payable in any manner by
taxation and do not constitute a debt of the Town of Estes Park, Colorado (the “Town”), within the
meaning of any constitutional or statutory provision.
Reference is hereby made to the Agreement for a description of the rights, duties and
obligations of the Borrower, the Town, the Lender, the Owner of this Series 2022A Note, the terms
upon which this Series 2022A Note is sold and the terms and conditions upon which this
Series 2022A Note will be paid at or prior to maturity, or will be deemed to be paid upon the
A-3
4921-9736-4604.2
making of provision for payment. Any capitalized term used in this Series 2022A Note but not
defined in this Series 2022A Note is used with the meaning set forth in the Agreement.
This Series 2022A Note may only be transferred or exchanged at the principal office of the
Note Registrar and only as provided in the Note Ordinance and the Agreement. The transferring
Owner shall pay any reasonable costs of the Borrower incurred in connection with the transfer of
this Series 2022A Note. This Series 2022A Note shall not be valid or become obligatory for any
purpose or be entitled to the security or benefit of the Note Ordinance until the Certificate of
Authentication hereon shall have been signed by the Note Registrar.
This Series 2022A Note is issued pursuant to the Supplemental Public Securities Act,
Part 2 of Article 57 of Title 11, C.R.S., and such recital shall be conclusive evidence of the
validity and the regularity of issuance of this Series 2022A Note after its delivery for value.
It is hereby certified and recited that all acts, conditions and things required by the laws
and Constitution of the State of Colorado, to exist, to be done or to be performed precedent to the
lawful issue of this Series 2022A Note do exist and have been done and performed in regular and
due form, time and manner.
IN WITNESS WHEREOF, the Town of Estes Park, Colorado, acting by and through its
Water Activity Enterprise, has caused this Series 2022A Note to be executed with the duly
authorized manual signature of the Mayor, to be sealed with the seal of the Town or a facsimile
thereof and to be attested by the manual signature of the Town Clerk, all as of the Dated Date set
out above.
(SEAL) TOWN OF ESTES PARK, COLORADO, ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE
By Mayor
Attest:
By
Town Clerk
A-4
4921-9736-4604.2
CERTIFICATE OF AUTHENTICATION
This is the Series 2022A Note delivered pursuant to the Note Ordinance mentioned within.
Date of Authentication: __________ __, 202_ Town Treasurer, as Note Registrar
By:
The following abbreviations, when used in the inscription on the face of this Series 2022A
Note, shall be construed as though they were written out in full according to applicable laws or
regulations: TEN COM - as tenants in common, TEN ENT - as tenants by the entireties, JT TEN -
as joint tenants with right of survivorship and not as tenants in common.
Additional abbreviations may also be used though not in the above list.
A-5
4921-9736-4604.2
FORM OF ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto
______________________________________________________________________________
the within Series 2022A Note and all rights thereunder, and hereby irrevocably constitutes and
appoints ___________________________________________ attorney to transfer the within
Series 2022A Note on the books kept for registration thereof, with full power of substitution in the
premises.
Dated: _______________________
NOTICE: The signature to this Assignment must correspond with the name as it appears
upon the face of the within Series 2022A Note in every particular, without alteration or any change
whatever.
Signature: ________________________
PLEASE INSERT TAX IDENTIFICATION OR SOCIAL SECURITY NUMBER OR
OTHER IDENTIFYING NUMBER OF ASSIGNEE
___________________________________________________
TOWN OF ESTES PARK, COLORADO
ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE
ORDINANCE NO. -22
AN ORDINANCE OF THE TOWN OF ESTES PARK, COLORADO,
ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE,
AUTHORIZING THE EXECUTION AND DELIVERY OF A
CONSTRUCTION LOAN AGREEMENT AND A CONSTRUCTION
LOAN NOTE, SERIES 2022A AND OTHER DOCUMENTS RELATED
THERETO IN CONNECTION WITH REBUILDING AND IMPROVING
THE WATER DISTRIBUTION SYSTEM OF THE FORMER PROSPECT
MOUNTAIN WATER COMPANY; AND DECLARING AN
EMERGENCY.
WHEREAS, the Town of Estes Park, Colorado (the "Town") is a statutory town and
political subdivision duly organized and existing pursuant to the constitution and laws of the
State of Colorado; and
WHEREAS, the Board of Trustees (the "Board") of the Town has formally established a
Water Activity Enterprise (the "Enterprise") pursuant to Ordinance No. 08- 99; and
WHEREAS, the Town, acting by and through the Enterprise operates and maintains a
municipal water system within the Town and surrounding areas for the distribution of treated
water; and
WHEREAS, such municipal water system has been and continues to be operated by the
Enterprise as a government -owned business, which is authorized to issue its own revenue bonds
and receives under 10% of annual revenue in grants from all Colorado state and local
governments combined, and the Enterprise is determined to be an enterprise within the meaning
of Article X, Section 20 of the Colorado Constitution; and
WHEREAS, the Town, acting by and through the Enterprise, provided treated water to
the Prospect Mountain Water Company, Inc. (the "Company") for years as a bulk water
customer, and the Company distributed such water through its own distribution system (the
Prospect Mountain System") to property owners in the Company's service area; and
WHEREAS, on April 22, 2015, the Company filed a Chapter 7 Bankruptcy petition under
the United States Bankruptcy Code with the United States Bankruptcy Court for the District of
Colorado, and a trustee (the "Bankruptcy Trustee") was appointed to manage the Company; and
WHEREAS, on March 8, 2016, the Town and the Bankruptcy Trustee, acting for the
Company, entered into an agreement for the Town to maintain and operate the Prospect
Mountain System; and
4892-0122-8063.3
Attachment 3
WHEREAS, the Prospect Mountain System has exceeded its useful life and needs to be
replaced in order to provide improved water quality, water pressure and fire flow volume, and to
meet Town standards and requirements for water distribution systems; and
WHEREAS, on February 26, 2019, the Town, acting by and through the Enterprise, and
the Bankruptcy Trustee, acting for the Company, entered into a Voluntary Water System
Transfer Agreement for the transfer of the Prospect Mountain System to the Town in order for
the Town, acting by and through the Enterprise, to undertake the rebuilding and improvement of
the Prospect Mountain System to Town standards (the "Project"); and
WHEREAS, in order to provide funds to pay a portion of the costs of the Project, the
Board, acting as the governing body of the Enterprise, has determined to enter into a
Construction Loan Agreement (the "Loan Agreement") with CoBank, ACB, as lender (the
Lender"), pursuant to which the Lender is to make an interim construction loan evidenced by
the Construction Loan Note, Series 2022A (the "Series 2022A Note"), to be executed and
delivered by the Town, acting by and through the Enterprise, in a principal amount equal to the
amount drawn on the Series 2022A Note, but not to exceed $4,493,000.00, to be issued to the
Lender in anticipation of the receipt of, and payable from, the proceeds of the USDA Direct
Loan, as hereinafter defined (the "USDA Direct Loan Proceeds") and, if necessary, from the Net
Revenues (defined below); and
WHEREAS, the USDA Direct Loan Proceeds are expected to be received by the Town,
acting by and through the Enterprise, upon completion of the Project pursuant to and in
accordance with a Letter of Conditions provided by USDA-RD (as more particularly described
in the Loan Agreement, the "Letter of Conditions"); and
WHEREAS, the Series 2022A Note shall have a lien on the Net Revenues, and an
exclusive first lien on the USDA Direct Loan Proceeds, all as described in the Loan Agreement;
and
WHEREAS, voter approval is not required under Article X, Section 20 of the Colorado
Constitution for the execution of the Loan Agreement or the issuance of the Series 2022A Note;
and
WHEREAS, none of the members of the Board have any potential conflicting interests in
connection with the execution and delivery of the Loan Agreement, the authorization, issuance
or delivery of the Series 2022A Note, or the use of the proceeds thereof; and
WHEREAS, the Board, acting as the governing body of the Enterprise, desires to
authorize the issuance and sale of the Series 2022A Note and the execution of the Loan
Agreement and other documents in connection therewith.
BE IT HEREBY ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK, COLORADO, ACTING AS THE GOVERNING BODY OF ITS WATER
ACTIVITY ENTERPRISE:
Section 1. Definitions. Capitalized terms used herein and not otherwise defined shall
have the same meanings, respectively, as provided in the Loan Agreement. In addition, as used
2
4892-0122-8063.3
herein, the following capitalized terms shall have the respective meanings set forth below, unless
the context indicates otherwise:
Authorized Officer" means the Mayor, the Mayor Pro Tem, the Town Administrator, the
Finance Director of the Town, or the Director of Utilities of the Town or any other person
designated as an Authorized Officer by ordinance or resolution of the Board and submitted to the
Lender.
C.R.S." means the Colorado Revised Statutes, as amended and supplemented as of the
date hereof.
Enabling Law" means Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as
amended; Part 4 of Article 35 of Title 31, Colorado Revised Statutes, as amended; Part 1 of
Article 45.1 of Title 37, Colorado Revised Statutes, as amended, and all other laws of the State
establishing the power of the Town to complete the financing contemplated by this Ordinance.
Final Terms Certificate" means a certificate of the Mayor, the Town Administrator, or
the Finance Director of the Town, dated on or before the Closing Date, confirming the final
details of the Series 2022A Note.
Ordinance" or "Note Ordinance" means this Ordinance, which authorizes the issuance
of the Series 2022A Note and the execution and delivery of the Loan Agreement, including any
amendments hereto.
Paying Agent" means the Treasurer of the Town, acting as the paying agent and registrar
of the Series 2022A Note.
Payment Date" means the date or dates provided in the Final Terms Certificate.
USDA Direct Loan" means the future loan of funds by USDA-RD to the Town, acting
by and through the Enterprise, to be made in a principal amount not to exceed the amount of
such loan as provided in the Letter of Conditions.
USDA-RD" means the United States Department of Agriculture, acting through the
United States Department of Agriculture -Rural Development, and its successors and assigns.
Section 2. Authorization. Pursuant to and in accordance with the Enabling Law, the
Town, acting by and through the Enterprise, shall enter into and deliver the Loan Agreement and
execute and deliver the Series 2022A Note, and perform its obligations thereunder, in
substantially the forms presented at this meeting with only such changes as are not inconsistent
herewith and as are approved by the Town Attorney and bond counsel to the Town to effectuate
the intentions of the parties or to comply with applicable law. The Series 2022A Note shall be
sold to the Lender at a private sale, pursuant to the terms and subject to the conditions provided
in the Loan Agreement.
The Mayor or Mayor Pro Tem of the Town, acting as a member of the governing body of
the Enterprise, is hereby authorized and directed to execute, and the Town Clerk or any deputy is
authorized to authenticate and affix the seal of the Town to, the Loan Agreement and the
3
4892-0122-8063.3
Series 2022A Note, and further to execute and authenticate such other documents, instruments or
certificates as are deemed necessary or desirable in connection therewith. Such documents are to
be executed in substantially the form hereinabove approved, provided that such documents may
be completed, corrected or revised as deemed necessary by the parties thereto in order to carry
out the purposes of this Ordinance. The execution of any instrument by said officials shall be
conclusive evidence of the approval by the Town, acting by and through the Enterprise, of such
instrument in accordance with the terms of such instrument and this Ordinance.
Section 3. Note Details. The Board hereby approves the Project and, for the purpose of
providing interim financing for the Project, the Board, acting by and through the Enterprise, shall
issue the Series 2022A Note to the Lender. The Series 2022A Note shall be substantially in the
form and subject to the terms specified in the Loan Agreement and the Final Terms Certificate.
All of the covenants, statements, representations and agreements contained in the Series 2022A
Note and the Loan Agreement are hereby approved and adopted as the covenants, statements,
representations and agreements of the Town, acting by and through the Enterprise. The
Series 2022A Note shall be issued in an aggregate principal amount not to exceed $4,493,000.00
and dated as provided in the Loan Agreement and the Final Terms Certificate. The Series 2022A
Note shall bear interest at a variable rate as provided in the Loan Agreement, payable on each
Payment Date, and shall mature not later than the Maturity Date provided in the Loan
Agreement, or earlier if the Series 2022A Note is prepaid in full pursuant to the Loan Agreement
and may be made subject to prepayment with or without prepayment penalty, as provided by the
Loan Agreement and the Final Terms Certificate.
A maximum net effective interest rate need not be specified herein because the Lender
has represented to the Town that it is an institution of the Farm Credit System within the
meaning of Chapter 23 of Title 12 of the U.S. Code. Accordingly, if CoBank, ACB, is the lender
of the loan represented by the Series 2022A Note, the interest rate on the Series 2022A Note
shall be subject to the provisions of 12 U.S.C. 2205 and shall not be subject to any interest rate
limitation imposed by the constitution or laws of the State of Colorado or this Ordinance. All
other details regarding the Series 2022A Note, not inconsistent herewith, shall be determined and
certified by the Final Terms Certificate.
Section 4. Transfer and Exchange; Transfer Restrictions. Neither the rights or
obligations of the Town, acting by and through the Enterprise, under the Loan Agreement nor
any interest therein may be assigned or delegated by the Town without the prior written consent
of the Lender. The Series 2022A Note may be transferred or exchanged at the principal office of
the Paying Agent or at such other location designated by the Paying Agent for such purpose, in
whole or in part, for a Series 2022A Note or Notes in a like principal amount of the same
Maturity Date and interest rate, upon payment by the transferee of any tax or governmental
charge required to be paid with respect to such transfer or exchange. Upon surrender for transfer
of the Series 2022A Note, duly endorsed for transfer or accompanied by an assignment duly
executed by the Owner or his or her attorney duly authorized in writing, the Town, acting by and
through the Enterprise, shall execute and the Paying Agent shall authenticate and deliver in the
name of the transferee a new Series 2022A Note. The transferring Owner shall pay any
reasonable costs of the Town, acting by and through the Enterprise, incurred in connection with
the transfer of the Series 2022A Note.
4
4892-0122-8063.3
Notwithstanding the procedure described in the immediately preceding paragraph and
except as expressly permitted by the Loan Agreement, neither the Series 2022A Note nor any
interest therein shall be transferred by the Lender or any subsequent Owner unless the transferee
is a Qualified Institutional Buyer or Accredited Investor within the meaning of Regulation D
under the Securities Act of 1933 and the transferee delivers to the Town a lender letter in
substantially the form set forth in Exhibit C to the Loan Agreement. Any transfer or purported
transfer of any interest in the Series 2022A Note in violation of the foregoing shall be void and
the Town shall have no obligation to recognize the ownership interest of, take any action on
behalf of or make any payment to, the transferee or purported transferee.
Section 5. Source of Payment. The Series 2022A Note shall be a special, limited
obligation of the Town, acting by and through the Enterprise, payable solely out of the proceeds
of the Series 2022A Note, the Net Revenues allocated as provided in Section 4.09 of the Loan
Agreement, USDA Direct Loan Proceeds and all amounts held in any Fund or Account
established by the Loan Agreement (except the Rebate Fund), including investments thereof, and
shall never constitute a general obligation of the Town, and the full faith and credit of the Town
is not pledged therefor. The creation, perfection, enforcement and priority of the pledge of the
Net Revenues and the USDA Direct Loan Proceeds to secure or pay the Series 2022A Note shall
be governed by Section 11-57-208 of the hereinafter defined Supplemental Public Securities Act,
and by this Ordinance. The Net Revenues and the USDA Direct Loan Proceeds pledged for the
payment of the Series 2022A Note, as received by or otherwise credited to the Town, acting by
and through the Enterprise, shall immediately be subject to the lien and pledge of the Loan
Agreement and this Ordinance without any physical delivery, filing or further act. Except as
expressly provided in the Loan Agreement, the lien of such pledge of the Net Revenues and the
USDA Direct Loan Proceeds for payment of the Series 2022A Note and the obligation to
perform the contractual provisions made herein and in the Loan Agreement shall have priority
over any or all other obligations and liabilities of the Town, acting by and through the Enterprise.
The lien of such pledge shall be valid, binding and enforceable as against all persons having
claims of any kind in tort, contract or otherwise against the Town, acting by and through the
Enterprise, irrespective of whether such persons have notice of such liens.
Section 6. Application of the Supplemental Public Securities Act; Final Terms
Certificate. The Town, acting by and through the Enterprise, hereby elects to apply the
provisions of Title 11, Article 57, Part 2, C.R.S. (the "Supplemental Public Securities Act"), to
the Series 2022A Note to the extent not inconsistent with the express provisions of this
Ordinance. Pursuant to the Supplemental Public Securities Act, there is hereby delegated to the
Mayor, the Town Administrator or the Finance Director of the Town the authority to confirm, by
the Final Terms Certificate, the final terms of the Series 2022A Note within the parameters
authorized by this Ordinance, including but not limited to: (a) the selection of the Lender and the
acceptance of any term sheet provided by the Lender; (b) interest rate or rates (including any
variable rate of interest and spread applicable thereto) of the Series 2022A Note; (c) the
conditions on which and the price at which the Series 2022A Note may be redeemed before
maturity; (d) the price at which the Series 2022A Note will be sold; (e) the final principal amount
of the Series 2022A Note and the denomination of the Series 2022A Note; (f) the final
amortization schedule for the Series 2022A Note; and (g) the Maturity Date and principal and
interest payment dates.
5
4892-0122-8063.3
Section 7. Enterprise Status. The Board hereby determines that the Enterprise is an
enterprise" within the meaning of Article X, Section 20 of the Colorado Constitution. The
Town has and will continue to use its best efforts to maintain the System as an "enterprise"
within the meaning Article X, Section 20 of the Colorado Constitution, and the meaning of
Title 37, Article 45.1, C.R.S.
Section 8. Amendment of Ordinance. After the Series 2022A Note is issued, the Town
shall not amend this Ordinance except as provided in the Loan Agreement.
Section 9. Authorization To Execute Documents. The Authorized Officers shall and
are hereby authorized and directed to take all actions necessary or appropriate to effectuate the
provisions of this Ordinance, including, but not limited to, the execution of such documents,
certificates and affidavits as may be reasonably required by the Lender or bond counsel to the
Town. The execution by any Authorized Officer of any document authorized herein shall be
conclusive proof of the approval by the Town of the terms thereof. The Town Clerk or any
deputy is hereby authorized and directed to attest, as necessary, all signatures and acts of the
Mayor or any official of the Board or the Town in connection with the matters authorized by this
Ordinance, and to place the seal of the Town, as necessary, on the documents authorized and
approved by this Ordinance and all other additional certificates, documents and other papers
associated with the transactions and other matters authorized by this Ordinance. The Mayor,
Mayor Pro Tem, the Town Administrator, the Finance Director of the Town and all other
officials, employees and agents of the Board or the Town are hereby authorized to execute and
deliver for and on behalf of the Town or the Enterprise any and all additional certificates,
documents and other papers in connection with the transactions contemplated by this Ordinance,
and to perform all other acts that they may deem necessary or appropriate in order to implement
and carry out the transactions and other matters authorized or contemplated by this Ordinance.
The Authorized Officers identified in Section 1 hereof are each hereby determined to
each be an Authorized Officer for the purpose of performing acts or executing documents
relating to the Series 2022A Note and the Loan Agreement and the loan evidenced by such
documents.
Section 10. Costs and Expenses. All costs and expenses incurred in connection with
the issuance and payment of the Series 2022A Note shall be paid either from the proceeds of the
Series 2022A Note or from legally available moneys of the Town, acting by and through the
Enterprise, if any, or from a combination thereof, and such moneys are hereby appropriated for
that purpose.
Section 11. No Recourse Against Officers and Agents. Pursuant to Section 11-57-209,
C.R.S., if a member of the Board, or any officer or agent of the Town, acts in good faith, no civil
recourse shall be available against such member, officer or agent for payment of the principal of
or interest on the Series 2022A Note. Such recourse shall not be available either directly or
indirectly through the Town, or otherwise, whether by virtue of any constitution, statute, rule of
law, enforcement of penalty, or otherwise. By the acceptance of the Series 2022A Note and as a
part of the consideration for its sale or purchase, any person purchasing or selling such
Series 2022A Note specifically waives any such recourse.
6
4892-0122-8063.3
Section 12. Limitation of Actions. The Board elects to apply all of the provisions of
the Supplemental Public Securities Act to the execution of the Loan Agreement and to the
issuance of the Series 2022A Note. Pursuant Section 11-57-212, Colorado Revised Statutes, no
action or proceeding concerning the issuance of the Series 2022A Note shall be maintained
against the Town unless commenced within 30 days after the date of passage of this Ordinance.
Section 13. Ratification of Prior Actions. All actions heretofore taken (not
inconsistent with the provisions of this Ordinance) by the Board or by the officers and employees
of the Town directed toward the undertaking of the Project and the issuance of the Series 2022A
Note for the purposes herein set forth are hereby ratified, approved and confirmed.
Section 14. Headings. The headings of the various sections and paragraphs in this
Ordinance have been inserted solely for the convenience of the reader, are not a part of this
Ordinance, and shall not be used in any manner to interpret this Ordinance.
Section 15. Ordinance Irrepealable. After the Series 2022A Note has been issued, this
Ordinance shall constitute a contract between the Owner of the Series 2022A Note and the
Town, acting by and through the Enterprise, and shall be and remain irrepealable until the
Series 2022A Note and the interest accruing thereon shall have been fully paid, satisfied, and
discharged, as herein provided.
Section 16. Severability. It is hereby expressly declared that all provisions hereof and
their application are intended to be and are severable. In order to implement such intent, if any
provision hereof or the application thereof is determined by a court or administrative body to be
invalid or unenforceable, in whole or in part, such determination shall not affect, impair or
invalidate any other provision hereof or the application of the provision in question to any other
situation; and if any provision hereof or the application thereof is determined by a court or
administrative body to be valid or enforceable only if its application is limited, its application
shall be limited as required to most fully implement its purpose.
Section 17. Repealer. All orders, bylaws, resolutions and ordinances of the Town, or
parts thereof, inconsistent or in conflict with this Ordinance are hereby repealed to the extent
only of such inconsistency or conflict.
Section 18. Recording and Authentication. This Ordinance, immediately upon its
passage, shall be recorded in the Town book of Ordinances kept for this purpose, and shall be
authenticated by the signatures of the Mayor and the Town Clerk.
Section 19. Emergency Declaration. The Board hereby declares that, because the bid
of the contractor for the Project must be accepted by the Town, acting by and through the
Enterprise, by a date that is less than thirty days after the date hereof and the Project cannot be
commenced until the contractor's bid for the Project is accepted, an emergency exists. The
Board hereby further declares that, due to such emergency, this Ordinance is necessary to the
immediate preservation of the public peace, welfare, health and safety of the residents of the
Town and is being adopted as an emergency ordinance.
7
4892-0122-8063.3
INTRODUCED, READ BY TITLE, APPROVED AND ADOPTED BY THE
AFFIRMATIVE VOTE OF (,S) MEMBERS OF THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO, ACTING AS THE GOVERNING BODY OF ITS
WATER ACTIVITY ENTERPRISE THIS 29TH DAY OF SEPTEMBER 2022.
By
ATTEST:
I hereby certify that the above Ordinance was introduced at a special meeting of the Board of
Trustees on the "n"1
day of SR,ryt: bt, 2022 and published by title in a newspaper of
general circulation in the Town of Estes Park, Colorado, on —144' the day of (3-00,E.LL ,
2022, all as required by the Statutes of the State of Colorado.
APPROVED AS TO FORM:
By
Daniel E. Kramer, Town Attorney
By
Richard L. Buddin, Bond Counsel
Town Clerk
8
4892- 0122-8063.3
FIRSTSECOND AMENDMENT TO CONSTRUCTION LOAN AGREEMENT AND
SECOND AMENDED CONSTRUCTION LOAN NOTE, SERIES 2022A
THIS FIRSTSECOND AMENDMENT TO CONSTRUCTION LOAN AGREEMENT
AND SECOND AMENDED CONSTRUCTION LOAN NOTE, SERIES 2022A (this
“FirstSecond Amendment”), is made and entered into as of July 31January ___,20252026 (the
“Effective Date”), by and between the TOWN OF ESTES PARK, COLORADO (the “Town”),
ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE (the “Enterprise”), and
COBANK, ACB (the “Lender”).
WHEREAS, the Town is a statutory town and political subdivision duly organized and
existing pursuant to the constitution and laws of the State of Colorado; and
WHEREAS, the Board of Trustees (the “Board”) of the Town has formally established
the Enterprise pursuant to Ordinance No. 08-99; and
WHEREAS, the Town, acting by and through the Enterprise, operates and maintains a
municipal water system within the Town and surrounding areas for the distribution of treated
water; and
WHEREAS, such municipal water system has been and continues to be operated by the
Enterprise as a government-owned business, which is authorized to issue its own revenue bonds
and receives under 10% of annual revenue in grants from all Colorado state and local
governments combined, and the Enterprise has been determined to be an enterprise within the
meaning of Article X, Section 20 of the Colorado Constitution; and
WHEREAS, the Town, acting by and through the Enterprise, provided treated water to
the Prospect Mountain Water Company, Inc. (the “Company”) for years as a bulk water
customer, and the Company distributed such water through its own distribution system (the
“Prospect Mountain System”) to property owners in the Company’s service area; and
WHEREAS, following the bankruptcy of the Company, the Town, acting by and through
the Enterprise, and the Bankruptcy Trustee, acting for the Company, entered into a Voluntary
Water System Transfer Agreement for the transfer of the Prospect Mountain System to the Town
in order for the Town, acting by and through the Enterprise, to undertake the rebuilding and
improvement of the Prospect Mountain System to Town standards (the “Project”); and
WHEREAS, in order to provide funds to pay a portion of the costs of the Project, the
Board, acting as the governing body of the Enterprise, entered into a Construction Loan
Agreement dated as of October 11, 2022 (the “Original Loan Agreement”) with the Lender,
pursuant to which the Lender made an interim construction loan evidenced by the existinga
Construction Loan Note, Series 2022A dated October 11, 2022 (the “ExistingOriginal
Series 2022A Note”), which was executed and delivered by the Town, acting by and through the
Enterprise, in a principal amount of $4,493,000.00; and
4918-4379-5539.24921-9736-4604.2
Attachment 4
WHEREAS, voter approval was not required under Article X, Section 20 of the Colorado
Constitution for the execution of the Original Loan Agreement or the issuance of the
ExistingOriginal Series 2022A Note; and
WHEREAS, the ExistingOriginal Series 2022A Note was expected to be repaid to the
Lender from the proceeds of a Direct Loan (the “USDA Direct Loan Proceeds”) to the Town,
acting by and through the Enterprise, from the United States Department of Agriculture, acting
through the United States Department of Agriculture–Rural Development (“USDAUSDA-RD”);
and
WHEREAS, the USDA Direct Loan Proceeds were not available to repay the Original
Series 2022A Note on or before its scheduled maturity date of August 1, 2025; and
WHEREAS, the Lender agreed to extend the maturity date of the Original Series 2022A
Note as provided in the First Amendment to Loan Agreement entered into as of July 31, 2025
between the Town, acting by and through the Enterprise, and the Lender (the “First Amendment
to Loan Agreement”), and to accept an amended Construction Loan Note, Series 2022A (the
“First Amended Series 2022A Note”) in exchange for the Original Series 2022A Note; and
WHEREAS, voter approval was not required for the execution and delivery of the First
Amendment to Loan Agreement and the First Amended Series 2022A Note; and
WHEREAS, the First Amended Series 2022A Note was expected to be repaid to the
Lender from the USDA Direct Loan Proceeds loaned to the Town, acting by and through the
Enterprise, from the USDA-RD; and
WHEREAS, the ExistingFirst Amended Series 2022A Note matures on AugustFebruary
1,20252026, and the USDA Direct Loan Proceeds will not be available to repay the
ExistingFirst Amended Series 2022A Note on or before such maturity date; and
WHEREAS, the Lender andhas agreed to extend the maturity date of the First Amended
Series 2022A Note as provided in the Second Amendment to Loan Agreement between the
Town, acting by and through the Enterprise,have agreed to extend the maturity date of the
Existingand the Lender (the “Second Amendment to Loan Agreement”), and to accept an
amended Construction Loan Note, Series 2022A (the “Second Amended Series 2022A Note”) in
exchange for the First Amended Series 2022A Note; and
WHEREAS, the Town, acting by and through the Enterprise, and the Lender desire to
extend the maturity date of the ExistingFirst Amended Series 2022A Note by amending the
Original Loan Agreement and the ExistingFirst Amendment to Loan Agreement, and the
Original Series 2022A Note and the First Amended Series 2022A Note as set forth in this
FirstSecond Amendment and exchanging the Existing Series 2022A Note for an amended Series
2022A Note (the “First Amended Series 2022A Note”)for the Second Amended Series 2022A
Note ; and
WHEREAS, voter approval is not required for the execution and delivery of this
FirstSecond Amendment to Loan Agreement and the Second Amended Series 2022A Note.
2
4918-4379-5539.24921-9736-4604.2
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the parties hereto agree as follows:
Section 1.Definitions. Capitalized terms used herein and not otherwise defined shall
have the same meanings, respectively, as provided in the Original Loan Agreement.
Section 2.Amendment of Maturity Date Definition in Section 1.01 of Loan
Agreement. The definition of Maturity Date in Section 1.01 of the Original Loan Agreement
and in Section 2 of the First Amendment to Loan Agreement is hereby amended and restated as
follows:
“ ‘Maturity Date’ means, with respect to the Series 2022A Note, the final
scheduled maturity of principal of the Loan, i.e., February 1, 2026January 4, 2027,
or such later date as approved by the Lender in its discretion pursuant to a request
for extension submitted to the Lender by the Borrower. Any extension of the
Maturity Date must be requested by the Borrower to the Lender prior to the
Maturity Date and shall be subject to an opinion of Bond Counsel to the effect
that such extension will not cause interest on the Series 2022A Note to be
included in gross income for federal income tax purposes. The Maturity Date
shall not exceed the estimated life of the Project, but in no event be beyond 40
years from the date of the Series 2022A Note.”
Section 3. Amendment of Final Principal Payment Date in Exhibit A of the Original
Loan Agreement and Exhibit A to the First Amendment to Loan Agreement. The form of
the ExistingOriginal Series 2022A Note, attached to the Original Loan Agreement as Exhibit A,
isand the form of the First Amended Series 2022A Note, attached to the First Amendment to
Loan Agreement as Exhibit A, are hereby amended to replace the original Final Principal
Payment Date of August 1, 2025 withand the amendedFirst Amended Final Principal Payment
Date of February 1, 2026, with the amended Final Principal Payment Date of January 4, 2027
and to make conforming amendments therein, and the Town, acting by and through the
Enterprise, shall issue to the Lender the Second Amended Series 2022A Note in substantially the
form attached hereto as Exhibit A.
Section 4.Lender Consent. The Lender hereby acknowledges and consents to this
FirstSecond Amendment in accordance with the requirements of Section 7.21 of the Original
Loan Agreement and waives any notice or other requirements related thereto.
Section 5. Delivery of Second Amended Series 2022A Note. The Town, acting by and
through the Enterprise, shall deliver to the Lender a fully executed and authenticated Second
Amended Series 2022A Note with the amended Final Principal Payment Date as shown on
Exhibit A hereto, in exchange for the ExistingFirst Amended Series 2022A Note originally
delivered to the Lender. The ExistingFirst Amended Series 2022A Note shall be returned to the
Town or its bond counsel promptly following the delivery of the Second Amended Series 2022A
Note to the Lender.
Section 6.Conditions Precedent to this FirstSecond Amendment. The agreement of
the Lender to enter into this FirstSecond Amendment is subject to the conditions precedent that
3
4918-4379-5539.24921-9736-4604.2
the Lender shall have received or waived the requirement for the following, in form and
substance satisfactory to the Lender:
(a)this FirstSecond Amendment, properly executed by the Town, acting by and
through the Enterprise, and by the Lender;
(b)the Second Amended Series 2022A Note, properly executed and authenticated by
the Town, acting by and through the Enterprise;
(c)an executed copy of the ordinance of Town, acting by and through the Enterprise,
authorizing the execution, delivery and performance of this FirstSecond Amendment and the
issuance of the Second Amended Series 2022A Note;
(d)an opinion of Bond Counsel to the effect that the extension of the maturity date of
the Loan, as provided in the Second Amended Series 2022A Note, will not cause interest on the
ExistingOriginal Series 2022A Note or, the First Amended Series 2022A Note or the Second
Amended Series 2022A Note to be includable in gross income for federal income tax purposes;
and
(e)any other documents or items required by the Lender.
Section 7.Effective Date. This FirstSecond Amendment shall be effective from and
after the Effective Date stated above.
Section 8.Original Loan Agreement in Full Force and Effect. The originalOriginal
Loan Agreement,as previously amended and as amended hereby, shall be and remain in full
force and effect in accordance with its terms and hereby is ratified and confirmed in all respects.
Section 9.Counterparts. This FirstSecond Amendment may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
Section 10.Agreement to Pay Costs. The Town, acting by and through the Enterprise,
hereby agrees to pay, or cause to be paid, all costs associated with the preparation, review, and
delivery of this FirstSecond Amendment, including the fees and expenses of counsel to Lender.
Section 11.Further Assurances. The parties hereto hereby agree that they will, from
time to time, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and
delivered, such further acts, instruments, conveyances, transfers, and assurances, as either of
them reasonably deems necessary or advisable for the implementation, correction, confirmation,
or perfection of this FirstSecond Amendment and any rights of such party as contemplated
hereunder.
4
4918-4379-5539.24921-9736-4604.2
IN WITNESS WHEREOF, the Town, acting by and through the Enterprise, and the
Lender have caused this FirstSecond Amendment to be duly executed and attested, all as of the
day and year first above written.
[SEAL]TOWN OF ESTES PARK, COLORADO,
ACTING BY AND THROUGH ITS WATER
ACTIVITY ENTERPRISE
By
Mayor
Attested:
By
Town Clerk
COBANK, ACB, as Lender
By
Authorized Representative
APPROVED AS TO FORM:
By:
Daniel E. Kramer, Town Attorney
By:
Richard L. BuddinKutak Rock LLP, Bond Counsel
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Dated Date
Variable
Interest Rate
February 1January 4, 20262027 October 11, 2022
Final Principal Payment Date
REGISTERED OWNER:COBANK, ACB
PRINCIPAL SUM:NOT TO EXCEED FOUR MILLION FOUR HUNDRED
NINETY-THREE THOUSAND DOLLARS
The Town of Estes Park, Colorado, acting by and through its Water Activity Enterprise
(the “Borrower”), for value received, hereby promises to pay, in lawful money of the United
States of America, to the Registered Owner specified above (the “Lender”) or registered assigns,
on the final principal payment dateFinal Principal Payment Date specified above (the “Maturity
Date”), unless the maturity of this Series 2022A Note is extended by the Lender or unless this
EXHIBIT A
FORM OF SERIES 2022A NOTE
THIS SERIES 2022A NOTE WAS ISSUED AS AN EXEMPT SECURITY OR IN A
TRANSACTION EXEMPT FROM REGISTRATION UNDER THE SECURITIES ACT
OF 1933, AS AMENDED. UNDER NO CIRCUMSTANCES SHALL THIS
SERIES 2022A NOTE BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED OR
DISPOSED OF EXCEPT IN THE MANNER PROVIDED IN SECTION 7.12 OF THE
AGREEMENT AND THE NOTE ORDINANCE PURSUANT TO WHICH IT WAS
ISSUED AND IN COMPLIANCE WITH APPLICABLE STATE AND FEDERAL
SECURITIES LAWS. ANY TRANSFER OR PURPORTED TRANSFER IN
VIOLATION OF SUCH SECTIONS OR SUCH LAWS SHALL BE VOID AND OF NO
EFFECT.
UNITED STATES OF AMERICA
STATE OF COLORADO
COUNTY OF LARIMER
TOWN OF ESTES PARK, COLORADO,
ACTING BY AND THROUGH ITS WATER ACTIVITY ENTERPRISE
CONSTRUCTION LOAN NOTE
(PROSPECT MOUNTAIN WATER DISTRIBUTION PROJECT)
SERIES 2022A
No. 00138635T01 Not to Exceed $4,493,000.00
Series 2022A Note shall be prepaid and payment of the prepayment price made or provided for,
but solely from the sources hereinafter identified, the Principal Sum specified above (or so much
thereof as has been advanced by the Lender (the “Principal Balance”)) and to pay interest on
such Principal Balance in like manner, but solely from the sources hereinafter identified, at the
interest rate equal to the Benchmark (initially, the Daily Simple SOFR Rate) (both as defined in
the Agreement defined hereinafter) payable on the Payment Date. As used herein, the term
“Payment Date” means (a) February 1 and August 1 of each year for the payment of interest on
this Series 2022A Note in arrears, commencing February 1, 2023 and including the Maturity
Date (or earlier, if this Series 2022A Note shall be prepaid pursuant to the terms of the
Agreement) and (b) the Maturity Date and any other date on which the principal of this Series
2022A Note or any portion thereof is required to be repaid or prepaid under the terms of the
Agreement. This Series 2022A Note shall bear interest at a variable interest rate, calculated as
provided in the Agreement (as defined hereinafter) on the actual number of days this Series
2022A Note is Outstanding on the basis of a year consisting of 360 days, through and including
the Maturity Date. The Maturity Date may (at the sole discretion of the Lender) be extended as
provided in the Agreement (as defined hereinafter).
Interest payments hereon shall be made to the Registered Owner hereof appearing on the
registration books of the Borrower maintained by the Town Treasurer as note registrar (the “Note
Registrar”) by check or draft or at the request of the Registered Owner, by wire transfer or
automated clearing house (ACH) payment to a bank account number maintained by such
Registered Owner in the United States of America and designated in written instructions given to
the Note Registrar at least fifteen (15) days prior to a Payment Date.
This Series 2022A Note is issued by the Borrower in anticipation of the receipt of the
USDA Direct Loan (as defined in the Agreement) to be received by the Borrower and in
conformity with ordinances of the Borrower (collectively, the “Note Ordinance”) and a
Construction Loan Agreement dated as of October 11, 2022, as amended by the First
Amendment to Construction Loan Agreement dated July __31, 2025 and the Second
Amendment to Construction Loan Agreement dated January___, 2026 (together, the
“Agreement”), by and between the Borrower and the Lender, and reference is hereby made to the
Note Ordinance and the Agreement for a more complete statement as to the source of payment of
the Series 2022A Note and the rights of the Lender as Owner of the Series 2022A Note. The
proceeds of the Series 2022A Note will be used to: (i) finance the rebuilding and upgrading of
the water distribution system of the former Prospect Mountain Water Company to Town
standards by the Borrower (the “Project”); (ii) fund capitalized interest, if any; and (iii) pay the
costs of issuance of this Series 2022A Note, each to the extent approved in writing by
USDA-RD.
This Series 2022A Note, including the interest hereon, is a limited obligation of the
Borrower payable solely from the future proceeds of the USDA Direct Loan, the Net Revenues
and any other legally available moneys of the Borrower authorized for such use under the
Agreement. This Series 2022A Note and the interest hereon are not payable in any manner by
taxation and do not constitute a debt of the Town of Estes Park, Colorado (the “Town”), within
the meaning of any constitutional or statutory provision.
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Reference is hereby made to the Agreement for a description of the rights, duties and
obligations of the Borrower, the Town, the Lender, the Owner of this Series 2022A Note, the
terms upon which this Series 2022A Note is sold and the terms and conditions upon which this
Series 2022A Note will be paid at or prior to maturity, or will be deemed to be paid upon the
making of provision for payment. Any capitalized term used in this Series 2022A Note but not
defined in this Series 2022A Note is used with the meaning set forth in the Agreement.
This Series 2022A Note may only be transferred or exchanged at the principal office of
the Note Registrar and only as provided in the Note Ordinance and the Agreement. The
transferring Owner shall pay any reasonable costs of the Borrower incurred in connection with
the transfer of this Series 2022A Note. This Series 2022A Note shall not be valid or become
obligatory for any purpose or be entitled to the security or benefit of the Note Ordinance until the
Certificate of Authentication hereon shall have been signed by the Note Registrar.
This Series 2022A Note is issued pursuant to the Supplemental Public Securities
Act, Part 2 of Article 57 of Title 11, C.R.S., and such recital shall be conclusive evidence of
the validity and the regularity of issuance of this Series 2022A Note after its delivery for
value.
It is hereby certified and recited that all acts, conditions and things required by the laws
and Constitution of the State of Colorado, to exist, to be done or to be performed precedent to the
lawful issue of this Series 2022A Note do exist and have been done and performed in regular and
due form, time and manner.
IN WITNESS WHEREOF, the Town of Estes Park, Colorado, acting by and through its
Water Activity Enterprise, has caused this Series 2022A Note to be executed with the duly
authorized manual signature of the Mayor, to be sealed with the seal of the Town or a facsimile
thereof and to be attested by the manual signature of the Town Clerk, all as of the Dated Date set
out above.
(SEAL)TOWN OF ESTES PARK, COLORADO,
ACTING BY AND THROUGH ITS WATER
ACTIVITY ENTERPRISE
By
Mayor
Attest:
By
Town Clerk
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Under Uniform Transfers to Minors Act
(CUST)
UNIF TRANS MIN ACT
(MINOR)(STATE)
Additional abbreviations may also be used though not in the above list.
CERTIFICATE OF AUTHENTICATION
This is the Series 2022A Note delivered pursuant to the Note Ordinance mentioned
within.
Date of Authentication: __________ __, 202_Town Treasurer, as Note Registrar
By:
The following abbreviations, when used in the inscription on the face of this
Series 2022A Note, shall be construed as though they were written out in full according to
applicable laws or regulations: TEN COM - as tenants in common, TEN ENT - as tenants by the
entireties, JT TEN - as joint tenants with right of survivorship and not as tenants in common.
FORM OF ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto
______________________________________________________________________________
the within Series 2022A Note and all rights thereunder, and hereby irrevocably constitutes and
appoints ___________________________________________ attorney to transfer the within
Series 2022A Note on the books kept for registration thereof, with full power of substitution in
the premises.
Dated: _______________________
NOTICE: The signature to this Assignment must correspond with the name as it appears
upon the face of the within Series 2022A Note in every particular, without alteration or any
change whatever.
Signature: ________________________
PLEASE INSERT TAX IDENTIFICATION OR SOCIAL SECURITY NUMBER
OR OTHER IDENTIFYING NUMBER OF ASSIGNEE
___________________________________________________
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Prospect Mountain
Reconstruction
Financing Timeline
Attachment 5
Prospect Mountain Reconstruction
Financing
Financing
•$10,535,000 –U.S. Department of Agriculture Rural Development
(USDA-RD) Grant agreement
•$4,763,000 -CoBank Construction Loan to be refinanced under USDA-
RD’s Direct Loan Program
•$245,000 -Applicant cost
•$25,000 -Department of Local Affairs (DOLA) Grant
•$502,000 -Contingency added; property owners responsible
(Resolution 72-25)
Total $15,800,000
Prospect Mountain Reconstruction
Project Timeline
•2015 -Prospect Mountain Water Company files for Bankruptcy
•2018 -Public Meetings held with property owners
•2020 -Project Budget approved, including USDA-RD loan and grant
•2021 –Town approves Eminent Domain Resolution
•2022 -CoBank Construction Loan agreement executed; project bid
approved
•August 2025 -CoBank Loan for Prospect Mountain original maturity
deadline
•February 2026 –CoBank loan extended due to USDA staffing disruptions
•January 2027 –proposed extended CoBank loan maturity due to
government shut-down and prolonged closeout process with contractor;
refinancing anticipated through USDA-RD Direct Loan program
Prospect Mountain Reconstruction Project
CoBank Construction Loan Amendment
Questions?
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
To: Honorable Mayor Hall & Board of Trustees
From: Town Attorney Dan Kramer
Date: January 13, 2026
Subject: Ordinance 02-26: An Ordinance Amending Section 1.20.020 of the Estes
Park Municipal Code to Ensure Town Penalties Conform to State Law
Type: Public Hearing, Ordinance
Objective:
Reduce any Town fines that might otherwise be larger than now allowed by state law.
Present Situation:
Last month, the Colorado Supreme Court arrived at the unexpected conclusion that a
2021 law reducing state penalties for state crimes also had the unintended effect of
capping municipal penalties for municipal offenses. See In re People v. Camp, 2025
CO 64. In brief, if a violation of the Municipal Code involves the same prohibited
conduct as a state offense covered by the 2021 law, the Town cannot penalize the
conduct to a greater degree than the state does. For example, the Town currently
prohibits theft of less than four hundred dollars’ worth of property under section
9.16.040 of the Municipal Code, and the Municipal Judge determines the penalty for
convictions, up to the Town’s general maximum penalty of $2,650 under section
1.20.020(a). However, state law now caps this offense at either $300 or $750
depending on the amount stolen. Our code is therefore misaligned with state law.
The 2021 law at issue, SB 21-271, is 304 pages long and amounts to an
unalphabetized and uncaptioned encyclopedia of minor offenses. It will take years for
municipalities and the courts to determine precisely which municipal offenses are
affected.
Proposal:
Rather than attempt to identify each of the affected offenses and specifically cap
penalties for each, the proposed ordinance would simply incorporate state law into the
Municipal Code and ensure the code does not allow or require any fine that would be
higher than allowed by state law. The Town Prosecutor and Municipal Judge would
apply the law on a case-by-case basis to ensure penalties stay within bounds.
Advantages:
Aligns the Municipal Code with state law. While the Town Prosecutor and Municipal
Judge would have to follow state law regardless, this ordinance would clarify for the
public and defendants that our code will be implemented lawfully.
Disadvantages:
Leaves undefined which municipal offenses are affected and what the new fine caps
are. However, arriving at that degree of definition would take considerable time and
expense. Larger municipalities will likely undertake such efforts; we may be able to
learn from their work and incorporate it in the future. Also, state statutes and case law
on these offenses will likely continue to change, so any attempt to codify a definitive
accounting of the municipal offenses affected would likely require us to revise the
Municipal Code whenever the state law changes.
Action Recommended:
Approve Ordinance 02-26.
Finance/Resource Impact:
None.
Level of Public Interest:
This is of considerable interest statewide but undetermined interest locally.
Sample Motion:
I move for the approval/denial of Ordinance 02-26.
Attachments:
1. Ordinance 02-26.
ORDINANCE NO. 02-26
AN ORDINANCE AMENDING SECTION 1.20.020 OF THE ESTES PARK
MUNICIPAL CODE TO ENSURE TOWN PENALTIES CONFORM TO STATE LAW
WHEREAS, the Colorado Supreme Court held in In re People v. Camp, 2025 CO
64, that municipal penalties may not exceed state caps for corresponding state
offenses; and
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend certain sections of the
Municipal Code of the Town of Estes Park, Colorado to ensure conformance with this
new case law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Ellipses in this ordinance indicate material not reproduced as the
Board intends to leave that material in effect as it now reads.
Section 2: Section 1.20.020 of the Estes Park Municipal Code is hereby
amended by adding underlined material, to read as follows:
1.20.020 - Fines and penalties.
. . .
(e)Notwithstanding the foregoing, no fine or penalty under this code shall
exceed any applicable maximum sentencing cap under state law. Any such
exceeding fine or penalty which would otherwise be required under this code
shall be reduced accordingly to the highest lawful amount.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this 13th day of January, 2026.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of , 2026 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2026, all as required by the Statutes of the State of Colorado.
Town Clerk
Attachment 1
APPROVED AS TO FORM:
Town Attorney
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
To: Honorable Mayor Hall & Board of Trustees
Through: Town Administrator Machalek
From: Carlie Bangs, Housing and Childcare Manager
Department: Administration
Date: January 13, 2026
Subject: Resolution 05-26 6E Funding Expenditure to Fund Tuition Assistance
through EVICS Family Resource Center
Type: Resolution
Objective:
Consider application for 6E funding to EVICS Family Resource Center for tuition
assistance awards in 2026.
Present Situation:
EVICS Family Resource Center has been a recipient of 6E funds for administering
tuition assistance since 2023. The 2026 Annual Funding Plan, approved by the Town
Board and Board of County Commissioners, allocated $300,000 in 6E Funds for this
purpose. An additional $50,000 is allocated to school-age assistance and $150,000 for
the Estes Valley Childcare Fund (EVCF) to support middle-income working families in
the Estes Valley.
EVICS has requested $267,000 in 6E Funding to fund their assistance program in 2026,
as outlined in the attached application.
Proposal:
Earlier this year, EVICS Family Resource Center and Town staff coordinated to create a
more structured and formalized program proposal for the distribution of 6E funds in
2026. In the interest of consistency, the updated program is based on the existing
framework and agreement with ECCLC for the Estes Valley Childcare Fund (EVCF).
The program proposal to be included in the funding agreement outlines the following:
1. Program structure, including eligibility for short-term emergency or hardship
assistance and long-term assistance while CCAP is frozen.
2. Application process and administration of the program, including the calculation
of parent fees.
3. The roles and responsibilities of the Town of Estes Park and EVICS Family
Resource Center for managing, evaluating, and reporting on the distribution of
funding.
Advantages:
• Approval of the funding request fulfills the objectives outlined in the 2026 Annual
6E Funding Plan
• Redistribution of lodging tax revenue to directly impact working families in the
Estes Valley
Disadvantages:
• None.
Action Recommended:
Staff recommends approval of Resolution 05-26.
Finance/Resource Impact:
Up to $300,000 from the Childcare Assistance account 270-419-1948-29.75, disbursed
in installments, the first in January in the amount of $200,000.
Level of Public Interest:
Moderate.
Sample Motion:
I move for the approval/denial of Resolution 05-26.
Attachments:
1. Resolution 05-26
2. Childcare Assistance Application
3. Service Contract for EVICS Tuition Assistance
4. EVICS Tuition Assistance Program
RESOLUTION 05-26
APPROVING A SERVICES CONTRACT WITH EVICS FAMILY RESOURCE CENTER
FOR DISTRIBUTION OF CHILDCARE TUITION ASSISTANCE
WHEREAS, the Town of Estes Park prioritized the funding of tuition assistance for
the use of Workforce Housing and Childcare (6E) Tax revenue in the 2026 Funding Plan;
and
WHEREAS, EVICS Family Resource Center has provided local tuition assistance
through the EVICS Childcare Scholarship program since 2006; and
WHEREAS, EVICS Family Resource Center requests funding through the Policy
225 Childcare Funding application to support tuition assistance awards for Estes Park
families.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the services contract
referenced in the title of this resolution in substantially the form now before the Board.
DATED this 13th day of January, 2026.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
POLICY 225 -EXHIBIT B
CHILDCARE ASSISTANCE APPLICATION
-----E _S_T_E -S-----,lii--P-A_R_K ____ _
C O L O R A D 0
Childcare Assistance Application
Funding Year: 2026
Entity Name: Estes Valley Investment in Childhood Success (EVICS) Family Resource Center
Contact Person: Sarah Schmidt
Phone: 970-386-3055
Title: Childcare Resource Specialist
E-mail: sarah@evics.org
Mailing Address: 1182 Graves Ave, Unit A, Estes Park, CO 80517
Program Location: 1182 Graves Ave, Unit A, Estes Park, CO 80517
Assistance Requested: $267,000
Entity Type:
_x_ Non-profit, IRS-designated 501 (c)3 agency in good standing
__ For-profit organization
__ Libraries, museums, educational institutions, or other governmental entity that
offers eligible programs, services, or activities
Type of Funding Needed:
_x_ Tuition Assistance Program or Childcare Scholarship
__ Purchase of real property (land and/or building)
__ Rental or utility assistance
__ Upgrade or renovation to existing property
__ Purchase of equipment
Assistance with workforce recruitment and/or retention
Other: -------------
Updated May 2025 Page 1 of 5
Attachment 2
POLICY 225 -EXHIBIT B
CHILDCARE ASSISTANCE APPLICATION
I swear and affirm that all of the information included in this application, its
attachments, and its supplemental documents is true and correct to the best of my
knowledge. I further affirm that I understand the annual reporting requirements
required of Childcare Assistance Funding requests as outlined in the Town's
Administrative Policy 225: Childcare Funding Guidelines.
Name of Entity/ Requester of Funds
Signature Entity/ Requester of Funds
Date
Updated May 2025
Name of Board President/Chair
or Witness
12-/ If 1-zvz�Date T I
Page 5 of 5
TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT
EVICS Tuition Assistance
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Estes Valley Investment in Childhood Success (EVICS) (Contractor), a Colorado nonprofit
corporation, whose address is 1182 Graves Ave, Unit A, Estes Park, CO 80517, make this
Contract this __________ day of ____________________, 2026, at the Town of Estes Park,
Colorado, considering the following facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Contractor outlined in Contractor’s Proposal; and;
1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms
and conditions stated in this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 Contractor’s Proposal, containing 14 pages, entitled “EVICS Tuition Assistance
Program”; and
2.5 Childcare Assistance Application Funding Year: 2026, containing 5 pages; and
2.6 Insurance Certificates.
3 SCOPE OF SERVICES: Contractor shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
Attachment 3
Town of Estes Park Services Contract -- Page 2 of 10
4 BEGINNING WORK AND COMPLETION SCHEDULE: The Contractor shall begin
services under this Contract upon receiving Town’s notice to proceed. Contractor shall
timely perform its Services, according to the Performance Schedule incorporated into the
Childcare Assistance Application.
5 PRICE: The Town will pay Contractor for the performance of this Contract, not to exceed
$300,000, as the Price for the total Services performed as stipulated in Contractor’s
Proposal. This payment is not intended for Contractor’s general compensation but as tuition
assistance for the community as described in the Contract Documents. This Contract does
not create a multiple fiscal year direct or indirect debt or other financial obligation. Each
request for service shall incur a concurrent debt for that request only. All financial
obligations of the Town under this Contract are contingent upon appropriation, budgeting,
and availability of specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONTRACTOR: The Town will pay the Contractor $200,000
of the Price in advance, expeditiously upon entering this Contract. The Town and
Contractor will monitor Contractor’s use of this sum, and the Town Administrator or
designee is authorized to pay Contractor the balance of the Price as they determine necessary
to fulfill the Contractor’s Proposal. The Town may also reduce the Price by unilateral
change order upon determining that any amount unpaid to the Contractor is unnecessary to
fulfill the Contractor’s Proposal.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Contractor of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Contractor under the following conditions:
7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Contractor is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
Town of Estes Park Services Contract -- Page 3 of 10
9 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
OF ESTES PARK:
:
10 COMPLIANCE WITH LAW: Contractor will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Contractor shall defend and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Contractor follows the safety regulations issued by OSHA. The Contractor shall
indemnify, hold harmless, and assume liability on behalf of the Town and its officers,
employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards,
attorney fees and related costs, and any other amounts incurred by the Town in relation to
the Contractor’s noncompliance with the accessibility standards for an individual with a
disability adopted by the Colorado Office of Information Technology pursuant to section 24-
85-103, C.R.S.
11 PERMITS AND LICENSES: The Contractor shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required to have a business license which can be obtained from the Town Clerk’s Office.
12 PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
13 INSURANCE: Contractor shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Contractor shall maintain such coverages for the
insurance listed in Paragraphs 13.1, 13.3 and 13.4 for two additional years. For any claims-
made policy, Contractor shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
13.1 Professional Liability for at least $1,000,000.
Town of Estes Park Services Contract -- Page 4 of 10
13.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000. Contractor shall
require any subcontractor hired by the Contractor to carry Workers’ Compensation
and Employer’s Liability coverage.
13.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
13.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Contractor’s owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
13.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
13.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Contractor.
13.7 Contractor shall, upon request, provide Town a certified copy of each required policy.
13.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Contractor shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Carlie Speedlin Bangs
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
Town of Estes Park Services Contract -- Page 5 of 10
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Contractor and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Contractor, its
officers, employees, agents, subcontractors, or business invitees. They shall be written
as primary policies not contributing to and not in excess of coverage the Town may
carry.
13.9 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall
provide appropriate declarations and evidence of coverage.
13.10 Contractor shall not cancel, change, or fail to renew required insurance coverages.
Contractor shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
13.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
13.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the Services and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
13.13 Contractor shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
14 INDEMNIFICATION:
14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors
("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the
Town, its officers, employees, and agents ("Indemnitees") from all claims, damages,
losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’
fees), of any nature, kind, or description ("Liabilities") by any third party arising out
of, caused by, or resulting from any Services under this Contract if such Liabilities
are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any
person, or to the injury or destruction of any tangible property (including resulting
loss of use or consequential damages) and (2) caused, in whole or in part, by any
Town of Estes Park Services Contract -- Page 6 of 10
error, omission or negligent act of the Contractor, anyone directly or indirectly
employed by it, or anyone for whose acts Contractor may be liable.
14.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
14.3 As part of this indemnity obligation, the Contractor shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
15 INDEPENDENT CONTRACTOR: Contractor shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Contractor. Contractor shall exercise no
supervision over any employee or official of Town. Contractor shall not represent that it is
an employee or agent of the Town in any capacity. Contractor’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Contractor is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Contractor shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Contractor may each contract with other
parties.
16 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
17 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
18 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Contractor receiving services or benefits
under this Agreement is an incidental beneficiary only.
19 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Contractor’s and
subcontractors’ employees) from the Town's work sites. Such a bar shall not require any
employee's discharge from employment, but shall merely prohibit the employee's presence at
Town’s work sites. Such a bar shall not warrant an increase in contract time or Price.
Town of Estes Park Services Contract -- Page 7 of 10
20 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
21 TERM: This Contract shall commence on its effective date, and shall continue through
February 1, 2027 with the option of four (4) additional renewals, on an annual basis, upon
agreement of both parties.
22 TERMINATION:
22.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
22.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Contractor
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Contractor for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
22.3 If either party so terminates, the Contractor shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by
giving the Contractor written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Contractor shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Contractor, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Contractor may terminate this Contract at
will.
24 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
25 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the
Contractor's Proposal, Contractor may employ subcontractors to perform the Services only
with Town's express prior written approval. Contractor is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subcontractors.
Town of Estes Park Services Contract -- Page 8 of 10
26 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
27 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Contractor. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
28 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
29 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
Town of Estes Park Services Contract -- Page 9 of 10
CONTRACTOR:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2026, by ______________________________, as
_____________________________ of ______________________________, Contractor. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official Seal.
My Commission expires .
Notary Public
Town of Estes Park Services Contract -- Page 10 of 10
TOWN OF ESTES PARK:
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by ,
as of the Town of Estes Park, a Colorado municipal
corporation, on behalf of the corporation, this day of , 2026.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
EVICS Tuition Assistance Program
Introduction
EVICS Tuition Assistance helps local families by helping make childcare and early childhood education
more affordable for working parents in the Estes Valley. Established in 2006, the program was created in
response to the high cost of childcare, which often poses a barrier to employment and family stability in
the Estes Valley. EVICS Family Resource Center provides financial assistance to offset childcare tuition
costs, ensuring that more children can access quality early learning opportunities and childcare.
EVICS Tuition Assistance was established to provide temporary support for families while they apply for
Colorado Child Care Assistance Program (CCAP), which provides longer-term aid to income-eligible
families. Because the CCAP application process can take several months, EVICS assistance bridges the
gap- helping parents maintain employment and stability during that time.
Following the success of Ballot Initiative 6E in 2022, the Town has provided funding to EVICS annually to
support this program. In February 2024, CCAP enrollment was frozen in Larimer County due to funding
constraints. EVICS expanded the eligibility of their Tuition Assistance Program, and the Town allocated
additional “6E Lodging Tax” revenue to support eligible families during the freeze. Families earning up to
80% of the Area Median Income (AMI) may receive assistance during the CCAP freeze, ensuring ongoing
access to safe, reliable childcare within the Estes Valley.
Program Overview
EVICS Tuition Assistance is a program created and administered by Estes Valley Investment in Childhood
Success (EVICS Family Resource Center, or simply “EVICS”) to provide responsive financial assistance and
help local families afford quality childcare during times of hardship or transition. In a tourism-based
economy like the Estes Valley, employment and income levels fluctuate seasonally- families often earn
more in the summer and face reduced hours or wages in the winter. These shifts can make it difficult for
parents to maintain consistent childcare enrollment. Without support, childcare providers are often
forced to absorb costs or lose enrollment, which impacts their financial sustainability.
To address this challenge, EVICS Tuition Assistance offers responsive, short-term financial aid to families
experiencing crisis or temporary financial strain. The program ensures that no household pays more
than 10% of their income toward childcare, while covering the remaining tuition balance directly with
the provider. This approach allows children to stay enrolled, supports the stability of local childcare
programs, and helps parents remain or return to the workforce.
Hardship and emergencies are defined as significant, unforeseen circumstances that impact the financial
stability of the household. Examples include:
●Sudden loss or change of employment
Attachment 4
● Unexpected relocation or housing instability
● Severe health issues or medical emergencies
● Domestic violence
● Incarceration of a household member
● Change in custody, divorce, or separation
● Any other crisis that results in financial difficulty
In addition to short-term emergency assistance, EVICS acts as a “gap assistance” program for many low-
and moderate-income families, serving households with income up to 80% AMI who may be ineligible
for programs such as CCAP. Eligibility gaps often result from temporary or transitional circumstances,
including fluctuations in income, divorce or changes in custody arrangements, legal proceedings,
employment transitions, or other destabilizing events. EVICS supports family stability by helping
maintain continuity of care and employment transitions, or other destabilizing life events. EVICS
supports family stability by helping maintain continuity of care and employment during these periods,
preventing short-term disruptions from escalating into long-term hardship.
Program Structure
● Eligibility: Open to all working families in the Estes Valley (Estes Park R-3 School District) earning
up to 110% of the Area Median Income (AMI), regardless of immigration status.
● Emergency and Hardship: Demonstrate that their household is experiencing an emergency or
hardship by providing the required documentation to qualify. At the discretion of the Family
Advocate, the household will move to year-round Tuition Assistance.
● Continued Tuition Assistance: Household demonstrates the need for assistance beyond short-
term need while experiencing an emergency or hardship, and falls under 80% of the Area
Median Income (AMI).
EVICS will assist the household in applying for long-term assistance programs such as CCAP,
EVCF, UPK, or other assistance programs they may be eligible for when no longer qualifying for
emergency or hardship assistance.
● Provider Choice: Funds may be used with any “Partner Provider”, which includes a licensed or
approved licensed-exempt provider within the Estes Valley.
All Partner Providers must be enrolled in the EVICS Tuition Assistance Program and be located in
the Estes Valley.
● Family Contribution: Copays are calculated as a percentage of the household's monthly income.
○ Households eligible for emergency or hardship assistance will pay a maximum of 7% of
their income.
○ Households receiving continued tuition assistance should not pay more than 10% of
their net monthly income on childcare, but may have a copay that’s tiered based on
their AMI (household size and monthly income).
○ EVICS has the authority and the discretion to reduce a household’s copay based on
income or circumstance; however, if the copay is lower than 5%, the award must be
funded by EVICS from a source other than Town funds.
● EVICS Tuition Assistance Coverage: The program pays the full difference between the family’s
copay and the provider’s tuition, ensuring consistent, affordable care year-round.
Application Process
To ensure fair access to limited funding, we follow a clear and simple process:
● An application may be submitted in person or online.
● All supporting documents must be submitted before EVICS begins processing your application.
● Applicants are required to fill out intake paperwork with EVICS Family Resource Center and are
offered enrollment in Family Development. Families experiencing an emergency or hardship are
required to enroll in Family Development.
● EVICS Family Resource Center has the authority to establish a waitlist.
Emergency and Hardship Qualifications
Households in the Estes Valley experiencing an emergency or financial hardship are eligible for short-
term tuition assistance through EVICS Family Resource Center. An Emergency or Hardship is defined
for this program as, “significant or unforeseen circumstances that impact the financial stability of the
household” and may include:
● Sudden loss or change of employment status
● Unexpected relocation or housing instability
● Severe health issue or medical emergency
● Domestic violence
● Incarceration of a household member
● Change in custody, divorce, or separation
● Any other crisis that results in temporary financial difficulty
If the eligibility criteria are unable to be met as described below, in addition to the defined
“Emergency and Hardship” criteria, EVICS Family Resource Center and the appointed Family Advocate
may use their own discretion to assist the family. Verification must occur monthly, and the household
must meet eligibility criteria by three months to continue to receive assistance.
A Family Advocate is assigned to each recipient of Emergency and Hardship assistance and enrolled in
the Family Development program. Family Development includes one-on-one case management.
For example, a single parent with a child enrolled in care loses their job and is unemployed. EVICS may
provide assistance up to three months, with reverification monthly, while the parent seeks other work.
Proof of job seeking may be required by the Family Advocate.
Transition to Continued Tuition Assistance Process
To be considered for continued EVICS Tuition Assistance, all families must first apply for CCAP and
other eligible assistance programs. Households moving from Emergency and Hardship Assistance must
demonstrate a year-round income below 80% of Area Median Income (AMI), and one person in the
household must work within the Estes Valley a minimum of 30 hours per week.
The household must submit all required documentation to their Family Advocate on time and sign a
Certificate of Agreement with the Partner Provider. If the household does not provide the needed
documentation for Continued Tuition Assistance after one month of no longer being eligible for
Emergency and Hardship Assistance, EVICS may pause all assistance at its discretion.
Co-pay Adjustment: Continued Tuition Assistance may have a higher copay, however, it may not
exceed 10% of the household's monthly income. Once enrolled, reverification is not required for the
duration of the Agreement. Renewal of assistance occurs one year after the Certificate of Agreement
is signed, or January 1, whichever occurs first. A minimum household copay of $100 is required. The
household may lose assistance if they do not pay their copay, as outlined in the Certificate of
Agreement.
Waitlist: Funding is prioritized for households needing Emergency and Hardship Assistance, limiting
the availability of funding for Continued Tuition Assistance. Continued Tuition Assistance may have
temporary waitlists. When funding becomes available, EVICS will contact waitlisted families strictly in
the order they joined the waitlist. Each family will receive a direct invite from EVICS when their turn is
reached, along with complete instructions for submitting their application.
Eligibility
To qualify for funding, the household must meet all of the following criteria:
Child Requirements:
● Child is enrolled at a Partner Provider in the Estes Valley.
● Child age must be 0-5 or who is not yet eligible/enrolled in kindergarten.
Family/Guardian Requirements:
● At least one parent/guardian must work within the Estes Valley (remote work for employers
outside the area disqualifies applicants).
○ If seeking Emergency or Hardship Assistance, the applicant may receive assistance
temporarily up to three months while seeking work.
● Applicants must also demonstrate that they’ve applied for all other eligible financial assistance
programs, including but not limited to, private scholarships or assistance from the provider,
CCAP and EVCF.
Income Eligibility Requirement:
● Household income must fall under 110% AMI for Larimer County for Emergency and Hardship
Assistance and under 80% AMI for Continued Tuition Assistance.
EVICS Tuition Assistance Program
Emergency and Hardship- Income Eligibility for 2026
*Net income limits (after taxes) based on 80-100% of Area Median Income
Household Size
Maximum Annual
Income (110% AMI) Monthly Income Range
2 people $104,560.00 $6,338 - $8,713
4 people $130,680.00 $7,921 - $10,890
5 people $141,190.00 $8,558 - $11,765
6 people $151,640.00 $9,192 - $12,636
7 people $162,090.00 $9,825 - $13,507
EVICS Tuition Assistance Program
Continued Assistance-Income Eligibility for 2026
*Net income limits (after taxes) based on 80-100% of Area Median Income
Household Size
Maximum Annual
Income (80% AMI)
Maximum Monthly
Income
2 people $81,700 $7,129
3 people $102,100 $7,921
4 people $110,300 $8,558
5 people $118,450 $9,192
6 people $126,650 $9,825
7 people $134,800 $10,458
Verification
Families will be required to submit the following verification documents, at a minimum:
● If employed or self-employed: Two most recent pay stubs (if applicable), a tax document (such
as W2, 1040, Schedule C, or 1099), or an employer letter stating work frequency and payment
amount.
● If receiving TANF, SNAP or other public benefit award: Approval letters showing benefit
amounts.
● If receiving child support: Documentation verifying child support amounts per child
● If receiving other forms of income: Verification documents detailing income amounts.
Funding Decisions
Application Processing: Applications are reviewed on a first-come, first-served basis. If a waitlist occurs,
waitlisted families will be contacted in the exact order they joined, with infants and toddlers prioritized.
Review Timeline: Complete applications with all required documents receive a faster review. If
discrepancies are found, EVICS will contact you directly, which may cause processing delays. Most
families can expect an award decision within two weeks of submitting a complete, error-free
application.
Award Creation: Upon approval, EVICS will contact your selected childcare provider within the Estes
Valley to confirm assistance. The provider must be a Partner Provider with EVICS. Assistance is
calculated using an established reimbursement rate. The provider will need the Certificate of
Agreement with EVICS to establish the assistance. (The Child must be enrolled in care before
Parent/Guardian applies for this assistance)
Certificate of Agreement: After the provider signs the required documents, you’ll receive a Certificate
of Agreement to sign. The Certificate of Agreement will outline the EVICS Tuition Assistance Program
terms, including the copay amount, payment schedule and duration of assistance, a maximum of three
months for Emergency and Hardship, or up to a year for Continued Tuition Assistance.
Funding Established: Assistance becomes active once the Certificate of Agreement is signed by the
provider, EVICS Executive Director, and the applicant. From that point forward, you're considered a
currently funded family. EVICS will send reimbursement payments directly to your provider on the 7th
of each month, continuing through the duration of the agreement. All agreements run from the month
of approval for a maximum of one year with the option to renew (see below)
Verification: Emergency and Hardship Assistance is available for up to nine months within a calendar
year; however, every three months, the household must submit updated documentation to
demonstrate that they still meet the program’s criteria.
If the eligibility is temporarily unmet, EVICS Family Resource Center and the appointed Family
Advocate may use their own discretion to assist the applicant. If this occurs, verification must occur
monthly, and the applicant must meet eligibility criteria by three months to continue to receive
assistance. The applicant must demonstrate that they are working toward meeting the eligibility
criteria, and EVICS may require proof at its own discretion.
Renewal: Continued Tuition Assistance starts from the date of the execution of the Certificate of
Agreement for a year, or until January 1, whichever occurs first. Notification of renewal will occur
annually, and households will receive notice no later than November 1.
Program Administration: All agreements are created and administered by EVICS Family Resource
Center, who assist families and providers throughout the process. A Family Advocate is assigned to
each applicant and recipient of Emergency and Hardship Assistance.
Program Structure: All households pay a fee directly to their childcare provider that is capped at 10%
of their monthly net income as their copay, with EVICS Tuition Assistance Program covering the
remaining tuition balance.
Note: EVICS has the authority to tier the copay below 10% of a household’s monthly income.
Provider Reimbursement:
The program pays the full difference between the family’s copay and the provider’s tuition, ensuring
consistent, affordable care year-round. The program will cover the tuition balance with a pro-rated
reimbursement rate not to exceed the following:
*Reimbursement based on the 2024 Colorado living wage for staff. The daily rate conversion is
based on 20 days per month, or 5 days per week.
https://dms.estes.org/WebLink/ElectronicFile.aspx?dbid=0&docid=280011& (pg. 21)
Infant: Child under 2 years old
Toddler: Child 25- 35 months old (under 3)
Pre-k: Child 36 months to 5 years old or eligible for Kindergarten
Intent of Parties
Mutual Values: Both the Town of Estes Park and EVICS Family Resource Center (EVICS) are committed to
ensuring that childcare in the Estes Valley and throughout Larimer County is accessible, affordable, high-
quality, and culturally attuned. EVICS and the Town are dedicated to being in a joint relationship
centered on partnership, communication, and mutual accountability by a shared sense of responsibility
to the communities being served.
Town of Estes Park responsibilities:
● Provide ongoing support to EVICS staff as needed, with a focus on enhancement
recommendations that could improve processes, workflows, and service to the Estes Valley
community.
● Annually dedicate funds to the EVICS Tuition Assistance Program, most likely through the annual
approval of the 6E Funding Plan to be distributed in February.
● Work directly with EVICS for the transfer of funds to maintain the distribution of funding to
families.
● Promote LCCF, EVCF, and EVICS Tuition Assistance Program to existing and potential families
through various communications channels (newsletter, social media, etc.).
● Collaborate with EVICS on the distribution of and tracking of recipient and provider surveys, and
determining/revising eligibility requirements.
● Conduct an annual program evaluation in collaboration with EVICS, to include but not limited to,
a program location analysis, demographics, and qualitative family impact.
○ See “Evaluation” under Section D and “Attachment A” for details.
○ Annual program evaluation will be conducted in collaboration with EVICS by the Housing
and Childcare Manager for the Town of Estes Park.
● Coordinate funding sources and identify sequence/priority to communicate to EVICS for them to
allocate appropriately.
EVICS responsibilities:
● Manage all operations of the EVICS Tuition Assistance Program including:
○ Coordinate with the Town regarding possible software enhancement recommendations
that could improve processes & workflows.
○ Providing emergency assistance and assistance awards to families for childcare in 2026.
○ Create and maintain a waitlist for families, when appropriate, to track program needs
and program opening communications.
○ Determine eligibility, complete contracts with families and providers, and send final
numbers to the Town on a timely basis, as described in the “Reporting Section” or as
requested.
○ Annually, EVICS will provide a framework for setting program eligibility, work closely
with the Town to ensure compliance with 6E Funding requirements, and commit to
inclusive funds distribution to advance equity in the Estes Valley.
○ Maintain documentation signed by the household receiving the tuition subsidy that
includes:
■ The child care program’s name & contact information
■ Dates of care
■ Name of child(ren) and family receiving the subsidy
■ Award and co-pay amount
■ Total assistance received within the program year
● Promote EVICS Tuition Assistance Program, EVCF, LCCF, and CCCAP to families through various
communications channels (newsletter, social media, etc).
● Collaborate with the Town on the distribution of and tracking of recipient and provider surveys,
and determining/revising eligibility requirements.
Payment and Reporting
1) Budget:
○ EVICS Family Resource Center will cover the cost of administering the EVICS Tuition
Assistance Program, including the online application and hosting platform of their
choosing.
○ The anticipated dedicated 6E Funding for EVICS Tuition Assistance Program in 2026 is
$300,000.
■ Unused funds after February 1, 2027, must be returned to the Town.
■ Funds may only be rolled over to the following year if so directed in writing by
the Town, and in accordance with all Town stipulations.
2) Evaluation:
Why we evaluate:
○ All 6E Child Care Assistance funds are 6E Lodging Tax revenue received by the Town of
Estes Park dedicated to addressing housing and childcare issues for the Estes Valley
workforce. 6E funding must be granted to eligible organizations as presented in Town of
Estes Park Policy 225: Childcare Funding Guidelines. The Town shall follow applicable
regulations and requirements as stipulated by the 6E Ballot Initiative and distribute
revenue to the Estes Valley based on priorities and needs outlined in the Annual
Funding Plan for 6E Lodging Tax to include, but not limited to; child care tuition
assistance programs, addressing childcare workforce challenges, increasing capacity for
out-of-school programming, and capital and facility grants.
○ The Town will engage in an annual evaluation of the EVICS Tuition Assistance Program
and seek approval of the distribution of 6E Child Care Assistance funds as presented in
the Annual 6E Funding Plan for the following reasons:
■ To understand the program more deeply, including successes, challenges,
learnings, and vision.
■ Where appropriate, enter into conversation about providing additional support,
when possible, in areas where EVICS is facing challenges or are seeking to
amplify a particular area of their work.
● Report back to community stakeholders, elected officials, and the Estes
Valley 6E Lodging Tax constituents
● Work in close collaboration with EVICS to advance our shared goal to
support and expand quality early child care in Larimer County and the
Estes Valley.
■ Annual evaluation is included in the contract and scope of work to be conducted
following the programmatic year, approximately August 2026, to be
incorporated into the Annual 6E Impact Report.
■ For more details on the annual EVCF evaluation, see “Attachment A”.
3) Reporting:
○ The Town will work in partnership with EVICS to gather qualitative and quantitative data
to evaluate program outcomes, promote the fund to the Estes Valley workforce, and
ensure equitable distribution of 6E Child Care Assistance funding.
○ EVICS shall submit quarterly updates to the Town that include:
■ EVICS Family Resource Center name and payment address
■ Description of specific service performed
■ Expense amounts and totals
■ According to the following schedule.
● July – September due October 15th
● October – December due January 15th
● January – March due April 15th
● April – July due August 15th
○ In order to best prepare and report on 6E Child Care Assistance funds in the Annual 6E
Impact Report, the Town requests that EVICS submit data and documentation of EVICS
Tuition Assistance Program usage and project outcomes by November 1, 2026, or as
requested in “Attachment B”.
Communication
1) Co Branding and Marketing:
All EVICS Tuition Assistance marketing, promotional materials, online information, and all
communications will be co-branded with both the Town and EVICS logos. Both the Town and
EVICS agree to represent each other in a positive manner and proactively support one another’s
community-wide visibility. EVICS agrees to include an acknowledgement of the Town’s support
in all external communication regarding EVICS Tuition Assistance Program.
2) EVICS Family Resource Center:
Any communication concerning invoices under this contract should be directed to Rut Miller at
director@evics.org. Any requests for reports, qualitative data, or program inquiries should be
made to Sarah Schmidt at sarah@evics.org. Any questions concerning services provided under
this contract should be directed to Rut Miller at director@evics.org.
3) Town of Estes Park:
Any communication concerning payment under this contract should be directed to Sharla
Beesley at sbeesley@estes.org. Any questions concerning services provided under this contract
should be directed to Carlie Speedlin Bangs at cbangs@estes.org.
Town Requirements for Use of 6E Lodging Tax Funds
1. At least one parent or guardian of each of the children served by the Program must work full-time (at
least 30 hours per week) within the boundaries of the Estes Park R-3 School District.
2. The Recipient agrees to use these funds only for the purposes described above in the Program
Proposal. The Recipient shall keep full records of the use of these funds and compliance with the above
requirements and shall deliver them to the Town promptly upon request. Recipient acknowledges that,
in addition to all other remedies the Town may pursue for Recipient’s breach of this agreement,
Recipient may become ineligible for future funds from the Town.
3. The Recipient warrants that all of the information included in its application for this subsidy, its
attachments, its supplemental documents, and all other information communicated to the Town to
solicit its approval of this contract is true and correct.
4. The Town finds that the use of these funds is for the public purpose of protecting the economic and
social vitality of the Town by supporting employment for residents of the Town by expanding childcare
options for working parents and guardians, thereby allowing employees to continue to live and work
locally, and ultimately to continue to contribute to the Town’s tax base. The Town finds that this
Agreement’s public purposes are both significant and substantial, and justify the expenditure of the
public funds. The Town finds that the support of childcare operations both inside and in the immediate
vicinity of the Town and the boundaries of the Estes Park Local Marketing District contributes to the
public purposes described above, that the economy and society of the entire Estes Valley is inextricably
interconnected, and that supporting the families of the Estes Valley is integral to supporting the
economic and social vitality of the Town. The Town also finds that the Town will receive adequate
consideration for its financial contribution to the Program in the form of the significant and substantial
public benefits described above. Finally, the Town finds that the activities funded by this Agreement
constitute development and operation of a program to support affordable workforce childcare services.
Attachment A: EVICS Tuition Assistance Evaluation
Project Purpose
EVICS Tuition Assistance Program helps working families experiencing an emergency or financial
hardship, afford care for their children within the Estes Valley. During the Colorado Childcare Assistance
Program (CCAP) freeze, households that fall under 80% of Area Median Income (AMI) may receive
continued support.
Goals Objectives Measure Measurement
Tool
EVICS Tuition Assistance
equitable childcare system
in the Estes Valley through
improved policies and
increased access to child
care assistance.
EVICS Tuition Assistance
Program will develop and
implement policies that
promote diversity and inclusion
in childcare settings.
Total # of childcare providers LCCC
provide care in languages
other than English
LCCC
the childcare providers are
culturally attuned with their
family
Parent Survey
EVICS Tuition Assistance
Program will create a more
sustainable early childhood
workforce in the Estes Valley.
Total # of childcare providers LCCC
Daily tuition rates LCCC
Staff wages Provider Survey
EVICS Tuition Assistance
Program will decrease the
disparity in the availability of
childcare resources for
communities of color.
children/families receiving
assistance
LCCC
Total # of childcare providers LCCC
EVICS Tuition Assistance Total # childcare slots LCCC
Program will increase the
number of childcare slots in the
Estes Valley.
# of providers who accept
CCAP LCCC
# of providers who accept
EVICS LCCC
# of providers who accept
scholarships or sliding scale LCCC
Goals Objectives Measure Measurement
Tool
EVICS Tuition Assistance
Program will improve
financial stability for
underserved communities
by offsetting the cost of
childcare for middle-
income families.
EVICS Tuition Assistance
Program will improve parents'
ability to gain or maintain
employment.
assistance who report that
childcare is no longer a barrier
to gaining or maintaining
employment
Provider Survey
EVICS Tuition Assistance
Program will improve
households' ability to afford
essential needs.
assistance who report that
childcare expenses are no
longer a barrier to affording
essential needs, such as rent,
utilities, and food
Provider Survey
Attachment B: Town of Estes Park 6E Childcare Assistance Fund Reporting
In preparation for the Annual 6E Impact Report, the Town of Estes Park requests the following
qualitative and quantitative data no later than November 1, 2026.
1. Total unduplicated persons served
2. Race/ethnicity
3. Breakdown by age
a. Infants (0-2 years old)
b. Toddlers (2-3 years old)
c. Preschool (3-5 years old)
4. Unduplicated individuals served by income level
5. Other childcare assistance utilized
a. CCAP
b. EVICS
c. LCCF
d. Other
6. Employment status of household
a. Single-parent household, one parent working
b. Two-parent household, one parent working
c. Two-parent household, both parents working
7. Measurable outcomes:
a. Outcome 1: 90% of parents receiving assistance will report that childcare is no longer a
barrier to gaining or maintaining employment
b. Outcome 2: 90% of parents receiving assistance will report that childcare expenses are
no longer a barrier to affording essential needs, such as rent, utilities, and food.
c. Outcome 3: 80% of childcare providers have increased their tuition rates to be equal to
or greater than the actual cost of care
d. Outcome 4: 80% of childcare providers are paying teachers and staff livable wages
8. Program Recipient Story
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.
Memo
To: Honorable Mayor Hall & Board of Trustees
Through: Town Administrator Machalek
From: Steve Careccia, Director
Department: Community Development
Date: January 13, 2026
Subject: Resolution 06-26 Reservation of Site Location for the proposed Kahuna
Memorial Wildlife Safety Park
Type: Resolution
Objective:
The Kahuna Memorial Project team seeks the reservation of Town-owned property for
the location of the proposed Kahuna Memorial Wildlife Safety Park (Kahuna Memorial).
Present Situation:
As stated in the project background document (Attachment 2), the purpose of the
Kahuna Memorial is “to establish a significant memorial that intrigues, informs and
instills memorable moments of the legendary Kahuna, while increasing public
understanding of how to safely observe wildlife”.
At a study session held on July 25, 2023, the Kahuna Memorial project team asked to
place the Kahuna Memorial on Town property (Property) located at the northwest corner
of East Elkhorn Avenue and Park Lane. The Property is a small, open space with turf
(Figure 1).
Figure 1
While the Town has an existing elk memorial at US 7 and US 36, the Kahuna Memorial
differentiated itself by including educational information on species identification, wildlife
safety, and safe viewing practices to complement the life-sized elk statue. As such,
upon conclusion of the study session, the Town Board directed staff and the project
team to move forward.
At a public meeting held on October 24, 2023, the Town Board approved a one-year
reservation of the Property for the Kahuna Memorial. During this period, the project
team intended to raise funds and finalize the design of the memorial. However, fund
raising and design have taken longer than expected, and the project did not move
forward as anticipated. Consequently, the one-year reservation period expired.
Proposal:
The project team continues to raise funds and work towards development of the
memorial, and therefore would like to request another year-long reservation of the
Property. If reserved, the Kahuna Memorial proposal will be evaluated through the
Town’s Art in Public Places program (Policy 880), with ultimate approval from the Town
Board required for any art installation. The Property and memorial’s hardscape and
landscape elements will be owned and maintained by the Town.
Advantages:
• Adds to the Town’s art inventory with a world-class elk sculpture.
• Install an interactive, informational wildlife safety display to help educate the
public.
• Diversification of an underutilized area.
Disadvantages:
• Should the memorial move forward, additional funding and staff capacity are
required from the Parks Division for the long-term maintenance of the Property.
Other costs associated with the installation of Kahuna Memorial improvements
may also be a possibility, if deemed appropriate and approved by the Town
Board.
Action Recommended:
Town Board approve Resolution 06-26 reserving the Property for a period of one year to
accommodate the proposed Kahuna Memorial.
Finance/Resource Impact:
Resolution 06-26 does not create any financial or resource obligations for the Town or
Parks Division. However, should the Kahuna Memorial receive approval and the
associated improvements installed, then there will be long-term maintenance costs
associated with the Property that will be the responsibility of the Town. Additionally,
while the costs associated with the design and installation of the Kahuna Memorial will
be funded by the Kahuna Memorial Project team, there could potentially be upfront
financial impacts for the Town associated with hardscape, landscape, and irrigation
design and installation, if deemed appropriate and approved by the Town Board. The
level of such financial impacts are unknown at this time, but will be evaluated by staff
and presented to the Town Board for their future consideration.
Level of Public Interest:
Public interest is expected to be low.
Sample Motion:
I move for the approval/denial of Resolution 06-26.
Attachments:
1. Resolution 06-26
2. Kahuna Memorial Project Background
RESOLUTION 06-26
A RESOLUTION RESERVING TOWN-OWNED PROPERTY FOR THE INSTALLATION
OF THE PROPOSED KAHUNA MEMORIAL WILDLIFE SAFETY PARK
WHEREAS, the Kahuna Memorial Project team seeks reservation of Town-owned
property for the development and installation of the proposed Kahuna Memorial Wildlife
Safety Park (Memorial Park); and
WHEREAS, the Town-owned property (Property) is a small, open space with turf
located at the northwest corner of East Elkhorn Avenue and Park Lane, as designated on
Exhibit A, attached hereto; and
WHEREAS, at a study session held on July 25, 2023, the Town Board directed
staff to move forward with formal reservation of the Property for use by the Memorial Park;
and
WHEREAS, on October 24, 2023, the Town Board approved a one-year
reservation of the Property for the development of the Memorial Park; and
WHEREAS, the development of the Memorial Park did not move forward as
anticipated, and the one-year reservation period subsequently expired; and
WHEREAS, the Kahuna Memorial Project team desires to continue development
of the Memorial Park, and therefore seeks another one-year reservation of the Property;
and
WHEREAS, this Resolution does not create nor establish any financial obligation
for the Town associated with the design and installation of the Memorial Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Property, as designated on Exhibit A, is reserved for the development of the
Kahuna Memorial Project for a period of one year, and formal evaluation of the Memorial
Park in accordance with the Town of Estes Park’s Art in Public Places program (Policy
880)shall be required.
DATED this 13th day of January, 2026.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Exhibit A
PROPERTY
Attachment 2
Photo b y Creekbe d Photography
K A H U N A
M E M O R I A L
P R O J E C T
A L I T T L E B I T A B O U T U S
T h e K a h u n a M e m o r i a l P r o j e c t g r e w o u t
o f s o c i a l m e d i a p o s t s f o l l o w i n g n e w s o f
K a h u n a 's d e a t h i n M o r a i n e P a r k i n
M a r c h 2 0 2 2 .
T h e F a c e b o o k p o s t d r e w i n t e r e s t f r o m a
d i v e r s e g r o u p o f p h o t o g r a p h e r s , w r i t e r s ,
a r t i s t s , b u s i n e s s p e o p l e a n d e l k l o v e r s
w i t h t i e s t o t h e R o c k y M o u n t a i n s a n d
E s t e s P a r k w h o w a n t e d t o s e e K a h u n a 's
s t o r y l i v e o n .
V O L U N T E E R C O M M I T T E E
F O R M A T I O N
T h i s g r o u p b e g a n t o m e e t i n e a r l y A p r i l
2 0 2 2 a n d p u t p l a n s i n t o m o t i o n t o
e s t a b l i s h a m e m o r i a l o f t h e i c o n i c e l k .
T h e g r o u p 's a s p i r a t i o n q u i c k l y g r e w i n t o a
g o a l t o c r e a t e a p u b l i c a r t i n s t a l l a t i o n t o
t e l l t h e s t o r y o f t h e f a m o u s e l k , a n d a l s o
p r o m o t e s a f e r p r a c t i c e s f o r o b s e r v i n g
w i l d l i f e i n t o w n o r t h e n a t i o n a l p a r k .
T H E S T E E R I N G C O M M I T T E E
M e m b e r s o f t h e S t e e r i n g C o m m i t t e e h a v e
s i g n e d a n a s s o c i a t i o n a g r e e m e n t d e t a i l i n g
t h e i r c o m m i t m e n t t o t h e p r o j e c t a n d t o a
c o d e o f e t h i c s a s t h e y w o r k t o g e t h e r .
J o h n C o o m b s w a s s e l e c t e d t o s e r v e a s
t h e c h a i r , S t e v e N e i l s o n a s t h e p r o j e c t 's
t r e a s u r e r , D a w n H a t c h i s t h e r e c o r d i n g
s e c r e t a r y , a n d W i l l i a m B r o w n a s l e g a l
c o u n s e l . A d d i t i o n a l S t e e r i n g C o m m i t t e e
m e m b e r s i n c l u d e P a t t i B r o w n , E l i z a b e t h
E d w a r d s C l a r k , B a r b P r e n t i s s -D a v i s ,
S h e r r i e F u l l e r , A n d r e a H a u g e r , B r a d
M a n a r d a n d D a w n W i l s o n .P h o t o by Cree kb e d P ho t o g r ap h y
K A H U N A
M E M O R I A L
P R O J E C T
A L L I A N C E W I T H T H E A R T
C E N T E R O F E S T E S P A R K
T h e K a h u n a M e m o r i a l P r o j e c t h a s a n
a l l i a n c e w i t h t h e A r t C e n t e r o f E s t e s P a r k ,
a 5 0 1 (c )(3 ) t a x -e x e m p t o r g a n i z a t i o n , t o
r a i s e f u n d s f r o m l o c a l t o i n t e r n a t i o n a l
d o n o r s . T h e A r t C e n t e r b r i n g s e x t e n s i v e
e x p e r i e n c e i n s e r v i n g t h i s c a p a c i t y w i t h
p r e v i o u s i n d e p e n d e n t a r t i n s t a l l a t i o n
p r o j e c t s t h r o u g h o u t t h e E s t e s P a r k
c o m m u n i t y .
P h o t o b y J e f f C o l d w e l l
D O N O R S & S P O N S O R S
T h e K a h u n a M e m o r i a l P r o j e c t h a s a
m u l t i -t i e r e d f u n d r a i s i n g p l a n t h a t i n c l u d e s
c r o w d s o u r c e d o n a t i o n s t h r o u g h G o F u n d M e ,
i n d i v i d u a l c o n t r i b u t i o n s , m a t c h i n g f u n d
d o n a t i o n s , c o r p o r a t e s p o n s o r s h i p a n d g r a n t s .
D o n o r L e v e l s S p o n s o r s h i p L e v e l s
$1 + B u g l e O n ! $1 0 0 0 + V e l v e t
$1 0 0 + S p i k e $2 5 0 0 + R o y a l
$2 5 0 + R a g h o r n $5 0 0 0 + I m p e r i a l
$5 0 0 + B i g T h i r d s $1 0 ,0 0 0 + B i g K a h u n a
D o n a t i o n s c a n b e m a d e t h r o u g h t h e
G o F u n d M e p l a t f o r m , o r b y c h e c k t o t h e
K a h u n a M e m o r i a l P r o j e c t i n c a r e o f t h e A r t
C e n t e r o f E s t e s P a r k .
T h o s e i n t e r e s t e d i n k n o w i n g m o r e a b o u t t h e
S p o n s o r s h i p P a c k a g e s m a y e m a i l :
KahunaMemorial@gmail.com
K A H U N A
M E M O R I A L
P R O J E C T
T H E P L A N
T h e K a h u n a M e m o r i a l P r o j e c t i s a
g r a s s r o o t s , a l l -v o l u n t e e r e f f o r t t h a t i s s u e d
a C a l l f o r A r t i s t Q u a l i f i c a t i o n s a s p a r t o f
t h e s e l e c t i o n p r o c e s s t o c o m m i s s i o n t h e
s c u l p t u r e a r t i s t t o c r e a t e a l i f e -s i z e d
m e m o r i a l . T h e c o m m i t t e e m e m b e r s a l s o
w o r k w i t h s t a k e h o l d e r s i n t h e T o w n o f
E s t e s a n d R o c k y M o u n t a i n N a t i o n a l P a r k .
O p p o r t u n i t i e s t o i m p r o v e p u b l i c
u n d e r s t a n d i n g a b o u t s a f e b e h a v i o r s w h e n
o b s e r v i n g w i l d l i f e i s a n i n t e g r a l p a r t o f
t h e m e m o r i a l p r o j e c t .
T H E T I M E L I N E
T h e f u n d r a i s i n g c a m p a i g n k i c k e d o f f M a y 1 0 ,
2 0 2 2 , a n d t h e c o m m i t t e e l o o k s t o h a v e t h e
m e m o r i a l c o m m i s s i o n e d , b u i l t a n d i n s t a l l e d
i n l a t e 2 0 2 4 .
Ph o to b y M ich e l e H u n t
E N G A G E M E N T
T h e c o m m i t t e e o r g a n i z e r s w i l l f o l l o w t h e
p r e c e d e n c e s e t b y p r e v i o u s p u b l i c a r t
i n s t a l l a t i o n s i n t h e c o m m u n i t y , a n d w o r k
c l o s e l y w i t h t h e T o w n o f E s t e s P a r k a s a s i t e
i s s e l e c t e d f o r t h e b r o n z e d m o n u m e n t a n d
m e m o r i a l s e t t i n g .
T h e K a h u n a M e m o r i a l P r o j e c t p r o v i d e s
m u l t i p l e i n t e r n e t -b a s e d t o u c h p o i n t s f o r
i n t e r e s t e d i n d i v i d u a l s t o l e a r n m o r e , f o l l o w
p r o g r e s s a n d s h a r e p e r s o n a l m e m o r i e s o f
w a t c h i n g K a h u n a a n d o t h e r e l k w a t c h i n g
e x p e r i e n c e s .
Sampling of responses to concept and
proposed location announcement
k a h u n a _t h e _e l k _m e m o r i a l
For questions, information gathering,
a request for photographs or a
speaker at a local group meeting,
we want to hear from you by
emailing us at:
KahunaMemorial@gmail.com
Contact Info
Anyone is welcome to mail or drop
off donations to:
Art Center of Estes Park
Attention: Kahuna Memorial
517 Big Thompson Avenue, Unit 201
Estes Park, CO 80517
S O C I A L M E D I A
@ K a h u n a M e m o r i a l
K a h u n a t h e E l k o f R o c k y M o u n t a i n N a t i o n a l P a r k
W E B S I T E
w w w .K a h u n a M e m o r i a l .c o m
C O N T R I B U T I O N S
w w w .G o F u n d M e .c o m /f /K a h u n a M e m o r i a l .c o m
P h o t o by R a nd y Crawf ord
Art Center of Estes Park Attn: Kahuna Memorial 517 Big Thompson Avenue, Unit 201 Estes Park, CO 80517
� Ex ecutiv e S essi on
Honorable Mayor Hall & Board of Trustees
No packet material will be provided for this item.
The Town of Estes Park is committed to providing equitable access to our services. Contact us
if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org.