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HomeMy WebLinkAboutPACKET Town Board 2026-07-28 Part 2 of 2The 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: Paul Hornbeck, Senior Planner Department: Community Development Date: July 28, 2026 Subject: Resolution 87-26 Fall River Village II Combined Preliminary/Final Planned Unit Development Plan, Estes Park Housing Authority, Owner/Applicant Type: Public Hearing, Land Use, Quasi-Judicial Objective: Conduct a public hearing to consider an application for a combined Preliminary/Final Planned Unit Development Plan and approve or deny the application. Present Situation: Fall River Village consists of two separate lots that include a total 88 units and an event facility previously approved as part of a Planned Unit Development (PUD) with an underlying zoning of Commercial Outlying (CO). A PUD is a zoning overlay that allows flexibility to certain development standards. The upper, northern lot is the subject of this application and contains 24 units and the event facility. The development was used for short-term overnight accommodations and events until its sale in 2024 to the Estes Park Housing Authority (EPHA). EPHA subsequently began leasing units to members of the workforce, with longer term plans to subdivide the property to allow the sale of some units in order to facilitate below-market rental rates for other units. Other plans for the property include establishing a daycare, converting portions of the event facility to an office for EPHA and storage areas for residents and EPHA, and continued use of the remaining portion of event facility for events. As a property less than 5 acres in size, the project is eligible to be reviewed as a combined Preliminary/Final PUD in accordance with Estes Park Development Code EPDC) Section 3.4. The code states such applications “shall be considered a Final PUD Plan and shall follow the standard development approval process set forth in Section 3.2…” EPDC Section 3.2 requires the Planning Commission to review the application and make a recommendation to the Town Board, who is the final decision- making body. Staff’s interpretation is that Ordinance 11-25, which requires applications for PUDs to include written approval of two-thirds (2/3) of property owners within 500 feet of the subject parcel, is not applicable to this application due to state statutes and the timing of Subject of Application the application submittal. EPHA submitted the application for this PUD prior to the voters’ approval of Ordinance 11-25. Colorado Revised Statutes Section 24-68-102.5(1) provides that "an application for approval of a site-specific development plan as well as the approval, conditional approval, or denial of approval of the plan shall be governed only by the duly adopted laws and regulations in effect at the time the application is submitted to a local government” (emphasis added). Development Code Section 3.10(B)(1) includes a final PUD as a site-specific development plan.1 The subject application qualifies for a combined preliminary/final PUD, which Development Code Section 3.4(C)(4) states "shall be considered a Final PUD Plan." Because Ordinance 11-25 does not specifically address final PUD plan applications submitted before its enactment, and because the interaction between state statutes and the development code does specifically entitle applicants for PUD plans to the code governing PUDs at the time of application, staff’s interpretation is that Ordinance 11-25 does not apply to this particular application. Proposal: The 24 existing units and event facility are located on a single 3.8-acre lot that is proposed to be subdivided into 14 townhome lots, one 8-plex lot, one duplex lot (2 units), and one lot for the event facility/office. The subdivision is a separate application and agenda item from this application to amend the existing PUD. Most of the desired uses are currently permitted by the PUD as it allows multi-family and two-family residential dwellings, government offices, and daycare. The PUD amendment is necessary to address non-conforming situations that would result from the subdivision and make minor changes to allowed uses. The PUD seeks approval of the following: 1. Lot Size. The existing PUD states the property’s Commercial Outlying zoning shall be treated as Accommodations (A) zoning. The minimum lot size in the A zone is 40,000 square feet; however, all proposed lots are less than 40,000 square feet. EPDC Section 10.5.H.7 allows the decision maker (Town Board) to approve townhome lots which are smaller than the zone district minimum, which is requested with this application. However, Lot 1 (8-plex), Lot 12 (office and 1 A rezoning, on the other hand, is not listed as a type of site-specific development plan. event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. As such, the PUD application seeks a waiver to minimum lot size for these lots. 2. Building Envelopes. EPDC Section 10.5.H.7.d requires building envelopes be included on townhome subdivision plats. Since this project is already constructed, the applicant requests a waiver to this requirement. Building permit review will ensure any future construction complies with relevant standards that building envelopes help govern, such as setbacks and maximum lot coverage. 3. Setbacks. Townhome projects are not required to comply with building setbacks for properties internal to the project per EPDC Section 10.5.H.7.d. However, lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. The PUD requests a wavier to allow a setback of zero feet on these lots, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. 4. Parking. Minimum parking requirements are met for the residential units, daycare, and office; however, the application seeks to address the location of parking and parking requirements for the event facility. The site currently has 82 parking spaces but two are planned to be converted to other uses to serve a proposed daycare. In accordance with EPDC Section 7.11.D, 49 parking spaces for the residential and daycare uses and 11 spaces for the office are required and are provided. EPDC requires a parking study to determine the appropriate parking needed to serve event facilities. The parking study prepared by the applicant (Attachment 4), recommends a parking ratio of one space per three event attendees. There is no industry standard parking ratio for event facilities; however, one parking space per two to four attendees is often used. Based on the use and size of the building, the Building Code allows a maximum occupancy of 135 people, which would require 45 parking spaces using the 1:3 ratio. The existing PUD was approved with 29 spaces dedicated to the event facility. The current proposal would have 20 dedicated spaces which would increase to 31 spaces when the office is not in use (i.e. evenings and weekends). Therefore, there is a deficit of 14-25 parking stalls when applying the 1:3 ratio. To address this, the PUD includes occupant limitations of 59 people during office hours and 97 people non-office hours, which generally corresponds with the available parking using the 1:3 ratio. Staff recommends a condition of approval that parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. EPDC Section 7.11.F states all required off-street parking spaces shall be located on the same lot or parcel they serve. With the subdivision, parking for Lots 1, 12, and 17 will be provided in the adjacent outlot/ common parking area rather than on individual lots. As provided for in EPDC Section 7.11.G.3, staff has approved the proposed parking as an alternative to providing off-street parking spaces on site, finding the applicant has demonstrated the proposed plan will protect surrounding neighborhoods, maintain traffic circulation patterns and promote quality urban design to at least the same extent as would strict compliance with otherwise applicable off-street parking standards. 5. Loading. EPDC Section 7.11 requires off-street loading for business and professional offices, warehousing and storage, and daycare. The applicant requests a waiver to these requirements due to the size and needs of the building/uses not warranting any large trucks servicing the property. Application materials indicate typical delivery vans will likely be the only vehicles to service the property and they can utilize a parking space for the short duration they will be on-site. 6. Sidewalks. A sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. The PUD application requested approval of a waiver to sidewalks along Far View Drive. However, Public Works has determined sidewalks are not required in this case and as such, the waiver is unnecessary. 7. Uses. “Government office” is an allowed use under the current PUD but the applicant requests “office” also be an allowed use. The applicant also requests warehousing and storage – limited” be allowed on Lot 12 to accommodate storage for residents and occupants of the office. The A zone district requires a Special Review for event facilities. Since the facility was previously approved, the PUD clarifies it is an allowed use and does not require Special Review. Advantages: The application complies with the relevant standards and criteria set forth below and with other applicable provisions of the Code. EPDC. In accordance with EPDC Section 3.4.D “Standards for Review”, all PUD applications shall demonstrate compliance with the requirements and review standards set forth below and in Chapter 9, Planned Unit Development: 1. The PUD shall be consistent with and implement the planning goals, policies and objectives as contained in this Code and in the Comprehensive Plan; Staff comment: The PUD amendment implements the goals and policies of the Code and Comprehensive Plan by supporting workforce housing. The PUD would allow subdivision of the property to enable the sale of individual units, which EPHA indicates is necessary to provide below market rental rates on the workforce housing units. 2. Adverse impacts on adjacent properties, including but not limited to traffic, noise and visual impacts, shall be mitigated to the maximum extent feasible; Staff comment: There are no adverse impacts on adjacent properties anticipated with the PUD amendment, and overall parking demand from events will likely be lower than under the previous use for weddings. However, a shared parking lot may create challenges if events incur higher parking demand than anticipated. If this becomes an issue, the HOA and/or management company would likely need address through reserved parking areas, parking permits, and/or enforcement. If vehicles are parked obstructing fire lanes, the Town and/or Fire District may need be involved in enforcement. 3. The PUD shall be integrated with adjacent development through street connections, sidewalks, trails and similar features; Staff comment: The existing development is integrated with street and sidewalk connections and no new street or sidewalk connections are proposed. 4. Except as provided in Chapter 9 below, all district, development and subdivision standards set forth in Chapters 4 (Zoning Districts), 7 (General Development Standards) and 10 (Subdivision Standards) shall be met; and Staff comment: Except for the waivers requested herein, all district, development and subdivision standards are met. 5. As allowed in Chapter 9 below, certain standards may be modified or varied upon a finding that the proposed PUD incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards, including but not limited to improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads and other utilities and services; or choice of living and housing environments. Staff comment: As discussed herein, the applicant has requested certain standards be modified or varied. Should Town Board wish to approve the PUD, the enclosed Ordinance includes a finding that the PUD incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. 6. The PUD shall provide public benefits that are advantageous to the surrounding neighborhood or the public in general to a greater extent than could have been accomplished through strict application of the otherwise applicable district or development standards. Staff comment: The PUD amendment provides a community benefit of supporting the provision of workforce housing. Disadvantages: Since the application complies with relevant review criteria, no disadvantages have been identified. Action Recommended: At their May 19, 2026 meeting Planning Commission forwarded to Town Board a recommendation to approve the combined Preliminary/Final PUD Plan, subject to the following findings and conditions of approval: Findings: The Planning Commission is the recommending body for the combined Preliminary/Final PUD Plan. 1. The Town of Estes Park Board of Trustees is the decision-making body for the combined Preliminary/Final PUD Plan. 2. This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. 3. The combined Preliminary/Final PUD Plan application complies with applicable standards set forth in the Estes Park Development Code. Conditions: 1. Parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. Finance/Resource Impact: The PUD will have little no impact on Town finances or resources. Level of Public Interest: Staff anticipates a moderate level of public interest; however, as of this writing no public comments have been received on this application. Any comments received will be posted to http://www.estes.org/currentapplications. A neighborhood meeting was held by the applicant on May 8, 2025 with approximately 10 attendees. A meeting summary is enclosed (Attachment #6). In accordance with the notice requirements in the Code, notice of this hearing was published in the Estes Park Trail-Gazette, on July 10, 2026. Notice was mailed to all required adjacent property owners on July 10, 2026. A sign was posted on the property by the applicant. Sample Motion: 1. I move for the approval/denial of Resolution 87-26. Attachments: 1. Resolution 2. Application 3. Statement of Intent 4. Preliminary/Final Planned Unit Development 5. Parking Study 6. Neighborhood Meeting Summary RESOLUTION 87-26 A RESOLUTION APPROVING THE FALL RIVER VILLAGE II SECOND AMENDED PLANNED UNIT DEVELOPMENT PLAN WHEREAS, an application for a combined preliminary/final Planned Unit Development (PUD) known as the Second Amended Fall River Village II PUD Plan was filed by the Estes Park Housing Authority (Applicant) on July 30, 2025; and WHEREAS, the subject property, approximately 3.8 acres in size, is legally described as Lot 1, Fall River Village II Resubdivision of Lots 1-7 and Outlot A, Fall River Village PUD and Lot 5A of the Amended Plat of Lot 5, Sunny Acres Addition to the Town of Estes Park; and WHEREAS, the Estes Park Development Code, Chapter 9 Planned Unit Developments allows PUD overlays on land located in CO (Outlying Commercial) Zoning Districts; and WHEREAS, the proposed Second Amended to Fall River Village II PUD Plan is a PUD overlay on land located in a CO (Outlying Commercial) Zoning District; and WHEREAS, the Board of Trustees has determined that the Second Amended Fall River Village II PUD complies with applicable standards set forth in the Estes Park Development Code; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on July 28, 2026 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Second Amended Fall River Village II PUD Plan is hereby approved, with the following finding: Certain Development Code standards as outlined in the PUD have been modified or varied based upon a finding that the proposed PUD incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. DATED this 28th day of July, 2026. TOWN OF ESTES PARK Mayor Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 ESTES PARK PLANNING DEPARTMENT APPLICATION ISubmittal Date: 7/30/2025 Type of Application Pre-App 0 Development Plan 0 Special Review Q Preliminary Subdivision Plat Q Final Subdivision Plat 0 Minor Subdivision Plat 0 Amended Plat PLEASE CHECK ONLY ONE BOX 0 Boundary Line Adjustment 0 ROW or Easement Vacation 0 Street Name Change Time 0 Rezoning Petition 0 Annexation Request Extension Condominium Map Q Preliminary Map Final Q Map Supplemental 0 Map Variance Request Board of Adjustment) Other: Please specify |PUD Amendment 1 General Information Fall RiverVillageIProjectName Subdivide the existing buildings on the parcel, then sell to support betow market rents across both parcels IProject Address 775 Riverside Drive ESTES PARK, CO 80517 Lot 1>FallRiver VillageliResubdhisionoflots1-7an<iout!otA,FallRivef VHlagep.U.D and Lot 5A of the Amended plat of lot 5 Sunny Acres Addfti&n IParcel ID # 3525271001 Site Information Lot Size -3.75 Acres Area of Disturbance in Acres -3.75 Acres Existing Land Use Proposed Land Use Existing Water Service Proposed Water Service CO Treated as A - Prv owner used it as STR and a wedding venue CO Treated as A - Individually owned units, 1 MF building, childcare, office, reduced event space own D Well Q None D Other (specify) E Town D Well Existing Sanitary Sewer Service II EPSD Proposed Sanitary Sewer Service II EPSD Is a sewer lift station required? I_| Yes Existing Gas Service [7] Xcel II Other Existing Zoning CO treated as A None I_I Other (specify) 7] UTSD D Septic UTSD D Septic No None None Proposed Zoning CO treated as A Site Access (if not on public street) Are there wetlands on the site? 363 E Elkhorn Ave #101, Estes Park, CO 80517 Yes bCJ No Site staking must be completed as required/requested by the Planner. Primary Contact Information Name of Primary Contact Person Pete^Levine Complete Mailing Address Primary Contact Person is 1/1 Owner Attachments II Application fee Statement of intent II 1 copy (folded) of plat or plan 11 "X 17" copy of plat or plan Yes No II Applicant Consultant/Engineer 1 Digital Copies of plats/plans in PDF format emailed to planning@estes.org Sign Purchase ($10) Please review the Estes Park Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park ^ P.O. Box 1200 ^ 170 MacGregor Avenue ^. Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 ^. Fax: (970) 586-0249 "^ www.estes.org/CommunityDevelopment Revised 2024-03-11 ks Attachment 2 Contact Information Record Owner(s) FALL RIVER VILLAGE ESTES LLC Mailing Address 363 E Elkhorn Ave #101, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email plevine@estes.org Applicant Peter Levine Mailing Address 363 E Elkhorn Ave #101, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email plevine@estes.org Consultant/EngineerVan Horn Engineering Mailing Address 1043 Fish Creek Rd, Estes Park, CO 80517 Phone 970-586-9388 Cell Phone Fax Email JOE@vanhornengineering.com APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or view the fee schedule online at www.estes.org/planningforms All requests for refunds must be made in writing. All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION not required for Board of Adjustment) Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT: Fall River Village Estes, LLC Applicant PLEASE PRINT: Estes Park Housing Authority Signatures: cruLRecordOwnerACZ^Z. €/\eV6rU^ Date 7/30/25 Applicant FeI&A. cAe^/LfU^ Date 7/30/25 Revised 2020.04.23 ks APPLICANT CERTIFICATION I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: lhttD://www.estes.orci/DevCod^ I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC. I understand that I am required to obtain a "Development Proposal" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road, no later than ten business days prior to the public hearing. I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. I grant permission for Town of Estes Park Employees/Planning Commissioners/Board of Adjustment members, with proper identification, access to my property during the review of this application. I understand that full fees will be charged for the resubmittal of an application that has become null and void Names: Record Owner PLEASE PRINT: Fall River Village Estes, LLC Applicant PLEASE PRINT: Estes Park Housing Authority signatures: Record Owner Applicant eVLfu^ e^tVLf^ Date 7/30/2025 Date 7/30/2025 For Board of Adjustment applications: failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval may automatically render the decision of the BOA null and void. (EPDC Section 3.6.D) i^^^S^^^^^^S^^ COMMUNITY/ NEIGHBORHOOD MEETING SCHEDUIED FOR THIS PROPERTY 970-577-3721 Revised 2024-03-11 ks Subdivision & PUD Statement of Intent Fall River Village 200 Filbey Ct Estes Park CO 80517 6/30/25 4.Statement of Intent. All applications for a preliminary subdivision plan and nal plat shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 10 and Chapter 7 of this Code. Ord. 18-01 #26) The intent of subdividing this property is to enable sales of the high value 3 and 4 bedroom townhome units to facilitate below market rental rates for the workforce of Estes Park. While this subdivision is only for the upper parcel of Fall River Village, it impacts both the upper and the lower parcel. Currently, the project has too large of a debt payment to be self-sufficient with the rental rates that we have agreed to charge. In order for the property to operate in a sustainable manner, which will enable long term below market rate rents for the Estes Park Workforce, the sales proceeds from the sales of the townhomes will be used to pay down the debt across the project, thereby reducing the ongoing debt payment. Once this plan is executed, the project is projected to turn a small operating prot which will enable long term below market rate rents for the Estes Park Workforce. The risk of not being able to execute this plan will result in a sale of the property or a foreclosure from the bank. Either of these outcomes will strip away any affordability and workforce restrictions that EPHA plans to implement. There is no planned construction taking place as part of this subdivision and amended PUD. Chapter 7 Review 7.1 – Slope Protection Standards A – The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. B-D Not applicable as this is not a new development and we are not planning further construction 7.2 – Grading and site disturbance standards – Not applicable as this is not a new development and we are not planning further construction Attachment 3 7.3 – Tree and Vegetation Protection - Not applicable as this is not a new development and we are not planning further construction 7.4: Public Trails & Private Open Area This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this new PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7.5: Landscaping and Buffers – Not applicable as this is not a new development and we are not planning further construction 7.6 – Wetlands and Stream Corridor Protection – Not applicable as this is not a new development and we are not planning further construction 7.7 – Geologic and wildre hazard A. Applies to this package B. We acknowledge the interpretation C. We acknowledge the description of regulated hazard areas. This is not an area that has rockfall or debris fan geologic hazard according to Estes park GIS map. D. Professional Qualications: We acknowledge the professional qualications required to create a report E. Wildre Hazards. 1.Wildre Hazard Areas. a. “Mapped Wildre Hazards. Wildre hazard areas shall include all those areas shown as "high-tree" re hazard areas on the Wildre Hazards Resource Map in Appendix A.” – The property does not show as a “high-tree” re hazard area on the wildre hazard resource map Unmapped Wildre Hazards. Wildre hazard areas shall also include areas located outside of the mapped wildre hazard areas that are identied by the Colorado State Forest Service or the Larimer County Wildre Safety Specialist, or designee, as hazardous areas” – The Property is not identied as hazardous areas on either of these resources F. Geologic Hazard area: Not applicable as outlined above 7.8 Wildlife Habitat Protection – Not applicable as this is not a new development and we are not planning further construction 7.9 Exterior Lighting – This is not a new development, therefore this review does not apply 7.10 Operational Performance Standards Please see below for the information within this section A. Noise: This project will comply with this noise restriction. There will be an event center on the 3rd oor of the Skyview Commercial space with operating hours outlined in the CC&Rs that will be enforced. B. Operational/Physical Compatibility: We acknowledge the ability to apply additional conditions C. Evidence of Compliances: We acknowledge that the decision making body shall require evidence of ability to comply with appropriate performance standards and mitigation measures as it deems necessary. 7.11 – Off-Street Parking and Loading I am including a sheet below that shows the parking calculations. The project is above the minimum required threshold. 7.12 – Adequate Public Facilities A. We acknowledge the purpose B. This section applies due to subdivision plat C. General Requirements are acknowledged 1. We are providing adequate public facilities for the residents including bbq areas, a spa/hot tub area, and walking paths. We will not be pursuing a building permit. 2. Level of Standards a. The exiting project meets these standards b. We will not be pursuing a building permit 3. Vehicular Access to public streets and private driveways a. Acknowledged and our plans follow this provision b. We have no gated access c. We have no gated access d. Acknowledged D. Sewage Disposal: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the sewage disposal to remail adequate. 2. Criteria for new development: N/A as new development is not occurring E. Water: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the water levels to remail adequate. 2. Criteria for new development: N/A as new development is not occurring F. Drainage/Water Quality Management: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction or adding more impervious surfaces, we expect the drainage & water quality management to remail adequate. 2. Minimum Approval Requirements: We are not planning to pursue a building permit. G. Fire Protection 1. Level of Service The current facility has sufficient re suppression facilities and adequate access to emergency re protection services. 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 3. Minimum Approval Requirements: We are not planning to pursue a building permit. H. Transportation 1. Levels of Service a. There will be no new addition of units, therefore there will not be a signicant adverse impact on existing transportation levels of service, access and vehicular movement on any arterial or collector street or intersection within one-quarter (¼) mile of the site or that any such adverse impact has been mitigated to the maximum extent feasible. 2. Thresholds for Traffic Impact Analysis: Not Applicable I. Electricity 1. Level of Service The current facility has sufficient electrical service to each lot 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 7.13 – Outdoor storage areas, activities, and mechanical equipment – This is not a new development, therefore this section is not applicable 7.14 – Mobile Home Parks – This is not a mobile home park, therefore this section does not apply. 7.15 – Recreational Vehicle (RV) Park/Campground – This is not a RV Park or Campground, therefore this section does not apply. Chapter 10 Review 10.1 - PURPOSES The purposes of this Chapter are to: A. “Provide for the orderly growth and harmonious development of the Estes Valley in accordance with the Estes Valley Comprehensive Plan” -- This project ts this requirement as there is no additional units being constructed, and it is a conversion from hospitality to workforce housing which is a key part of the Estes Valley Comprehensive plan B. “Ensure an adequate and efficient street system” – No additional units are being created, so there are no changes to the street system required C. “Achieve individual property lots of reasonable utility and livability” – The project accomplishes this in the way the lots are platted D. “Secure adequate provisions for water supply, electric service, drainage, sewers and other facilities and services for the health and safety of the residents of the Estes Valley” -- As noted to the response in section 7.12, these facilities and services have adequate provisions E. “Protect sensitive environmental areas and mitigate the impact of development in hazard areas” -- As noted in the response in section 7.7, this parcel does not have sensitive environmental impacts nor hazard areas F. “Ensure adequate provision of open areas” -– No new construction is occurring, therefore we are ensuring adequate provision of open areas 10.2 Applicability/Scope A. General – We acknowledge these provisions B. Minor Subdivisions and Minor Adjustments: The property does not meet the requirements for Minor Subdivisions or Minor Adjustments. 10.3 Review Procedures A. We acknowledge that all subdivisions shall be reviewed in accordance with the procedures set forth in Chapter 3 of the cod B. We acknowledge that or purposes of staff and EVPC review, corners of all lots in a proposed preliminary subdivision plat shall be staked in the eld. In addition, during the preapplication conference, Staff may require the Applicant to identify natural or other site features in the eld. 10.4 Lots A. Lot Dimensions and Conguration: 1.Each of our lots have the size, width, depth, shape, and orientation that is appropriate for the location of the subdivision, and for the type of development and use contemplated. 2. Each townhome lot complies with the standards set forth in the development code. Lot 1, 12, and 18 are not townhome lots. These lots are 14,300+/- sf, 8,600 +/- sf, and 12,300 +/- sf respectively. These lots are addressed in our amended PUD 3. Conrmed 4. Conrmed B. Access: Conrmed C-E. N/A F. Conrmed 10.5 Subdivision Design Standards A. The project complies with the general subdivision standards B. The project is in compliance with zoning requirements and all updated uses are address in the amended PUD C. We are not altering any of the internal or external streets. However we are planning to put small traffic calming measures on the internal road that connects the lower parcel of Fall River with the subject parcel. D. Sidewalks, Pedestrian Connections and Trails 1-3: The project has a sufficient sidewalk and trail network. In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails E. Utility Standards 1. Conrmed 2. Acknowledged 3. Acknowledged, please see response to 7.12.D for additional details 4. Acknowledged 5. Acknowledged and easements are planned to be in place 6. Acknowledged, please see response to 7.12.F for additional details 7. Acknowledged, please see response to 7.12.E for additional details 8. Acknowledged and discussions with the Fire Dept have taken place to conrm that this project will adhere to the Fire Safety Standards. F. Private Open Areas and Trails: In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails G. Vegetation Protection: We are not planning any new construction on this property, therefore all existing vegetation will remain. H. 1-6 This section is applicable to this project as certain lots will be townhome lots 7. The townhome lots in this project are allowed with the applied zoning on the PUD. The project is creating additional outlots for common areas that shall be owned and maintained by the homeowners association. The townhome project complies with the minimum lot size, and the setbacks and lot coverage are of appropriate standards. I. We understand the monument requirements J. There will not be any new construction taking place so this section is N/A. The town has as builts when the property was previously developed K. We do not expect any public improvement requirements as we are not building on this property. PUD Statement of Intent 5. A written statement of how the PUD Plan meets the standards for review, as set forth in §3.4 of this Code. 9.1 - Purposes This project ts the purposes of a PUD outlined in the Estes Park Development code. We are amending this PUD to ensure that the (A) growing demands of the population may be met, (B) Creating a more efficient use of land and public services so that the resulting economies may inure to the benet of those who need homes, and (C) this PUD is well located, preserves the land with no new construction, and provides development of a mixed-use commercial and residential development and promote developments with a mix of commercial and residential uses including attainable, workforce, and employee housing. 9.2 Eligibility The PUD in this district has already been created and contains the underlying CO district. The PUD is eligible based upon both size and building count as the site is more than 2 acres and has more than 5 units. 9.3 PUD Standards A) 1) The PUD is proposing the following uses Townhome ownership with the potential to STR Free storage for workforce housing tenants Office Space Daycare Event Space 2) The PUD largely ts the number of units allowed and density requirements of this PUD. The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. 3) Setbacks and lot coverage – We are not making any adjustments to the setbacks from lot lines abutting a property outside the PUD. Setbacks and lot coverages are compatible with the surrounding area. 4) Building height is not applicable as we are not building any new units 5) The PUD meets off street parking and loading standards 6) This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7) See responses to the code items related to Section 10 listed above B) The amended PUD will create uses that have greater compatibility with the surrounding area than the current use. By repurposing the main space of Skyview, it will no longer be able to operate as a large wedding venue and the hours of operation will be reduced. This will be a benet to neighbors as well as residents of Fall River Village as they will not be subjected to loud music late in the evening. The new use of an office space is compatible with the surrounding uses, and a day care facility will enhance the livability of the surrounding neighborhood as it provides a local childcare option for nearby families. Page 1 of 5 SECOND AMENDMENT TO FALL RIVER VILLAGE II PUD, COUNTY OF LARIMER, STATE OF COLORADO Dated February 15th, 2026 Revised July 10th, 2026 The AMENDED FALL RIVER VILLAGE II PUD, COUNTY OF LARIMER, STATE OF COLORADO which was approved by Estes Park Board of Trustees on March 27, 2018 and recorded in the Larimer County records on June 15, 2018, at Reception # 20180036169 is amended as outlined herein and shall be known as the SECOND AMENDMENT TO FALL RIVER VILLAGE II PUD. The following changes are approved with this Second Amendment: Permitted Uses shall be subject to the Estes Park Development Code A Zone district standards, except that the following use modifications shall be permitted in addition by the PUD process: “Government Offices”, “Offices”, “Warehousing and Storage – Limited” and “Event Facility” shall be permitted on Lot 12. “Daycare Center” and Family Home Day Care, Large” shall be permitted on Lot 17. Lot 17 will be a duplex building use. These uses shall be permitted by-right subject to Community Development Department administrative review of applicable standards. Total Off Street Parking Spaces: Total Spaces Required (See Exhibit A) = 80 Spaces Off Street Parking Spaces Provided On Site = 52 Spaces Garage Spaces Provided = 16 Spaces In Front Of Garages (None In Front Of 273) = 14 Spaces Note: Garage Spaces For Daycare Will Not Be Available If The Daycare Is Used Since the Daycare Will Use The Garage As Storage = (-2) Spaces Total Spaces Provided = 80 Spaces Handicap Spaces Required = 4 Total (1 Van) Handicap Spaces Provided Outdoor = 3 Total (2 Van) All Single Car Garage Spaces (10) Would Be Handicap Accessible 1.See Exhibit A for a breakout of the parking calculations. 2.For the purpose of off-street parking numbers, the Event Facility is using 1 parking space per 3 people. This is consistent with “All Other Outdoor Entertainment Establishments”, “Indoor Theatre Entertainment Establishments” and is more than All other Indoor Entertainment Establishments” would require for this facility. Additionally, this is what was agreed upon and used in the original 2017 PUD. 3.The Event Facility on Lot 12 will be used during office hours for functions related to the office such as breakfast gatherings, lunch conferences, educational programming, meetings, etc… To meet the parking requirements, during office hours the maximum Attachment 4 Page 2 of 5 capacity for an event will be 59 people. During non-office hours, the Event Facility will be available for other functions, at which point the office use parking will not be necessary. During the non-office hours, the Event Facility will have a maximum capacity of 97 people. Hours of operation for the Event Facility shall be from 7AM- 10PM. No event may be hosted by a guest of a short term rental license. 4. Parking requirements for the “Daycare Center” or “Family Home Day Care, Large” are greater than what would be required if the unit is a residential unit. The parking spaces required for the daycare are for a maximum of 15 students (1 space /6 students 2.5 parking spaces) and when it is a daycare, the garage will be used for storage, therefore 2 spaces would be subtracted from the overall spaces provided. In addition, two spaces will be provided for drop-off and pick-up and will be signed as such for Daycare Parking Only from 7am-6pm. The two spaces on the far east of the property will be designated for the daycare parking. They will be extra spaces for evening/weekend parking. In the event that the daycare is not in use, then the two parking spaces at the east end of the project will be available for “Event Facility” parking. At a rate of 3 people per vehicle at the event center, that will allow 6 extra guests for a total of 65 people during office hours and 103 during non-office hours. 5. Storage containers are currently located in two parking spots on the east side of the project and will be allowed to remain for 18 months. During the use of these two spots for storage, the “Event Facility” maximum use will be reduced by 6 people to 53 people during office hours and 91 people during non-office hours (assuming the daycare is in operation) until the storage containers are removed. At the time of removal, the “Event Facility” will be allowed 59 people during office hours and 97 people during non-office hours (assuming the daycare is in operation). NEW WAIVERS TO BE REQUESTED: 1. This property will go through the Townhome Subdivision process in conjunction with this Second Amended PUD. The PUD requests that this Townhome Subdivision allow Lot 1 to contain up to 8 “Multi-Family Dwellings”, Lot 12 contain the right to Offices”, “Government Offices”, “Warehousing and Storage – Limited” and “Event Facility”, and Lot 17 contain the right to “Two Family Dwelling”, “Daycare Center” and/or “Family Home Day Care, Large”. 2. Lot 1, Lot 12 and Lot 17 will not be a Townhome Lot, therefore request they shall be allowed to be smaller lot sizes than code requires for a CO zone lots (15,000 sf) and A zone lots (40,000 sf). The lot sizes will be 14,300+/- sf, 9227+/- sf, and 15,460+/-sf respectively. 3. “Warehousing and Storage – Limited” in the lower level of Lot 12’s building will be allowed to residents and businesses of Fall River Village Townhomes and Lot 8, Fall Page 3 of 5 River Village Final P.U.D. on an availability basis as regulated by the owners of Lot 12. 4. Lots 1, 12 and 17 do not meet setbacks since they are not Townhome Lots. A waiver is requested that they have 0’ internal setbacks, similar to the Townhome Lots. Exterior setbacks shall remain as shown on the original PUD. 5. Parking spaces for many of the lots are not on the lot themselves. A waiver is requested to provide parking spaces on-site, but not on the individual lots. Spaces not in a garage or in front of a garage are not assigned to any particular units and are available on a first come-first serve basis. The overall site meets the required parking counts. 6. Estes Park Development Code Chapter 10.5.H.7.d requires building envelopes for each lot. A waiver is requested to not show building envelopes. This project is built out and the existing lot coverage for every lot meets the requirement. In the case of any building permit application in the future, a site plan will be required that can address the 80% lot coverage requirement. Building envelopes make it difficult to be flexible with future building improvements. A building envelope was place don the west side of Lot 13 to keep any improvements in the Outlot spa area from being too close to the unit on Lot 13. 7. The PUD requests a waiver to the requirement for a loading space. The “Offices”, Government Offices”, “Day Care” and “Event Center” require either a Type A loading space or a parking study to determine if one is needed. The size and needs of the building/uses do not warrant any large trucks servicing the property. Typical delivery vans will likely be the only vehicles to service the property and they can utilize a parking space for the short duration they will be on-site. Prior waivers for the AMENDED FALL RIVER VILLAGE II PUD are to be kept in effect except for #5 and #6 below because the uses have changed. #5 has been updated in 7 above. #6 is no longer necessary because the code has changed to allow an accessory use in an accessory building over 1,000sf and the building is now a primary building on Lot 12 with “Government Office” or “Office” as the primary use: 1. Minimum curve radii for streets. The internal drives service enough units that they are treated as streets and must be built to street standards. The minimum centerline radii is 100'. We have proposed a 50' radii on one section of the internal drive to enable the units to fit. This will meet the requirements of the fire department and will also help to slow traffic through the neighborhood. 2. The community hall is requesting a height waiver of 8' from the EPDC. The lot has a very steep grade and Sunny Acres Ct. was originally built with a lot of fill at the southern end where this building accesses from. This combination forced the building to be elvated to meet the grades at the road. Even though the building is not exceptionally tall, we are still 8' above the height limit. The exceptional grade on this Page 4 of 5 portion of the property makes it hard to meet the height requirement, even if it were to be developed as a single family lot as this property was designed to be in the Fall River Village PUD from 2008. 3. In order to connect the lower property with the upper property, the grade of the drive along the western side is steeper than code. We designed the grade of the road at 12% which is a request of 3% more than the standard 9% grade allowed in the EPDC. This connection was made to provide connectivity between the Fall River Village and Fall River Village II. This provides an emergency route and a secondary access for both properties and is the only reasonable way to provide the connection. 4. A smaller setback of 10' for the north and east lines of former Lot 5a, Sunny Acres Addition (the eastern portion of this property) is requested because the buildings already exist. The rezoning of the lot to CO from RM in 2017 increased the zoning setbacks from 10' to 25'. This request is being made in order to keep the units from violating any setbacks with this change in zoning and subsequent combination of Lots 1-7 and Outlot A of the Fall River Village PUD. They were conforming prior to the rezone and we would like to maintain their conformity. 5. A request to waive a Type "A" loading dock. The site is not conducive to creating a loading site on the side or behind the building in order to meet 70' setbacks from sunny acres ct. which is required by the code. The facility is a small building and the parking spaces are adequate to provide for any catering needs that the building will utilize. The size and needs of the building do not warrant any large trucks servicing the property. Typical vans will likely be the only vehicles to service the property and they can utilize the parking spaces for the short duration they will be on-site. 6. A request for an accessory building to be larger than 1000 sf. This property is building a community hall that is intended to be the signature piece of the property. For a commercial property like this, this kind of use is necessary and due to constraints on the property it is not feasible to connect it to the principal use (the office). This kind of use is very common throughout the valley as a detached building. It does not make sense that it has to be attached to the principal use. 7. A request for 6 more units than are allowed on Lot 1, Fall River Village II Resubdivision. It is requested to have 18 units on this property rather than 12. The overall density of the upper neighborhood would be in keeping with the overall density of the existing Fall River Village where the established lower level is of much higher density. The minor increase in overall density would be consistent with the town's desire for increased density close to the downtown area. All other aspects of the Amended Fall River Village II PUD remain in full force and effect, including waivers and density. Page 5 of 5 CERTIFICATION OF OWNERSHIP THE UNDERSIGNED, BEING THE OWNERS OF THE REAL PROPERTY SUBJECT TO THE PUD SHALL BE SUBJECT TO THE PROVISIONS OF THE ESTES PARK DEVELOPMENT CODE AND ANY OTHER ORDINANCE OF THE TOWN OF ESTES PARK, COLORADO PERTAINING THERETO. Scott Moulton, Managing Member, Fall River Village Estes LLC BOARD OF TRUSTESS CERTIFICATE APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK COLORADO BY A RESOLUTION ADOPTED THIS _____DAY OF ______________, 2026. Town Clerk Mayor DESCRIPTION Revised 7/29/2025 Residential/Accommodation SQ FT Spaces/Unit or Persons # of Units or persons Total 8-Plex <750 1.75 8 14.00 276 Sunny Acres <750 1.5 1 1.50 Townhome Units (Excluding 274 Sunny Acres)>750 2 14 28.00 Daycare (274 Sunny Acres)1/6 15 2.50 Daycare (274 Sunny Acres) Visitor Dropoff Parking 2.00 274 Sunny Acres will likely be a daycare facility. The probable number of students would be 15 and that requires 3 parking spaces, so it has been input separately since the daycare facility will require more parking spaces. Independent Accessory Uses SQ FT/Persons Spaces/Unit Total Skyview Storage 2236 1/999 2.24 Skyview Office 2115 1/200 10.58 Total 12.81 Storage use in the facility is not being counted towards parking because it will be used by either residents of the units or employees in the office. Therefore additional spaces will not be needed for offsite users. Independent Accessory Uses Persons Spaces/Person Total Skyview Events on third floor during Office work hours 59 1/3 19.67 Skyview Events on third floor during weekends/evenings 97 1/3 32.33 Since the Skyview Center will be an office during the day, event attendees will be limited to the total number of parking spaces required on Lot 12 by including the of On the weekends/evenings, events will have attendees relative to the total number of guests without including the Skyview Office and Storage requirements. Total Accessory Spaces Required during Office work hours or during evenings/weekend events, whichever is greater. 32.48 TOTAL SPACES REQUIRED 80 Off Steet Parking 52 Garage Spaces 16 In front of garages (not including Lot 16 )14 Subtract Lot 18-Daycare garage due to use as a storage and indoor play area. -2 TOTAL SPACES PROVIDED 80 Fall River Village Townhomes PARKING CALCULATIONS Exhibit Page 1 of 1 Attachment 5 Estes Park Housing Authority Neighborhood Meeting Minutes Date: May 8, 2025 Location: SkyView Event Center, Fall River Village Time: 5:22 PM – 6:25 PM Facilitator: Scott Moulton, Executive Director, EPHA & Peter Levine, Director of Real Estate Development, EPHA Duration: 1 hour 3 minutes 1. Welcome and Introduction Scott Moulton welcomed attendees, noting the purpose of the meeting: to present current plans for Fall River Village and gather neighborhood feedback as part of the subdivision and zoning amendment process required by the Town of Estes Park. 2. Project Overview Workforce Housing Strategy EPHA acquired Fall River Village to create 74 units of long-term workforce housing. The property consists of two parcels: Lower Parcel: 65 two-bedroom units, to remain as workforce rentals at below- market rates. Upper Parcel: Includes one building with 8 one-bedroom units (to remain rentals) and 15 higher-end three- and four-bedroom townhomes. Sale of Market-Rate Townhomes Attachment 6 EPHA plans to sell up to 13 of the upper townhome units at market rate to reduce project debt and enable long-term nancial sustainability. Sales proceeds will reduce debt principal and allow EPHA to maintain affordable rents. Use of Remaining Units One four-bedroom unit may be converted into a child care facility (pending feasibility). The SkyView Event Center space will be repurposed for: EPHA office space (relocating from U.S. Bank building). A reduced-capacity event space (no weddings or late-night events). 3. Financial Structure The project was made feasible by: Proposition 123 funding: $7 million equity investment from the State of Colorado via CHFA. Financing terms: 4.8% interest rate, 100% loan-to-value from NBH Bank. Use of market-rate sales and permitted short-term rental (STR) zoning to maximize value on sales. Rent Limits are based on AMI tiers: 60% AMI (1BR units), 70–80% AMI (2BR), 80% AMI (4BR). Blended AMI for lower parcel must remain under 90% per Prop 123 regulations. No income restrictions, but rents are AMI-tied. Utilities (except sewer, water, trash, grounds) are paid by tenants. 4. Child Care Facility (Proposed) EPHA is exploring conversion of a 4-bedroom unit to a child care facility: Intended to serve infants/toddlers, potentially accommodating ~10 children. Working with child care licensing professionals; no provider selected yet. Outdoor play area, parking, and licensing feasibility still under evaluation. If infeasible, unit may be sold to further reduce project debt. 5. Property Management and Design Subdivision Plan: The project requires replatting to subdivide townhomes into individual lots for sale. A PUD amendment will ensure zoning compliance and long-term use compatibility. Neighborhood meeting is part of the formal pre-application process. HOA/CC&Rs: Covenants, Conditions & Restrictions (CC&Rs) will govern future property standards. A landscape/common area HOA may be layered; EPHA likely to act as manager. Maintenance: Asphalt patching already underway. Siding and exterior maintenance planned. On-site presence (new EPHA office) will enhance accountability. 6. Parking, Traffic, and Safety Parking: Over 80 parking spaces on upper parcel, plus garage parking. Adjustments may be needed for child care pick-up/drop-off zones. Traffic Management: Speeding concerns acknowledged. EPHA plans to install seasonal speed bumps and additional signage. No traffic study required as no new development is planned. 7. Leasing and Occupancy Current leasing Status: Upper parcel: 100% leased for intended rentals. Lower parcel: ~35% leased; limited by deferred maintenance and staffing. Full lease-up expected by end of 2025. Lease terms: Mostly 12-month leases; one six-month lease. Limited short-term lease use planned; seasonal workforce leases possible but capped. Occupant Selection: Waitlist-based application process. Renters ranked preferred units; placement based on preferences and availability. No preferential treatment given; all applicants went through equal screening. 8. Community Questions and Concerns Short-Term Rentals (STRs): STRs are allowed under existing zoning and PUD. EPHA intends to use STR eligibility to maximize sales value. No intent to allow mass investor buy-up; units will be individually marketed. Occupancy Enforcement: State law limits restrictions on occupancy. EPHA leases include guest limits (10–14 days) and require reporting household members. Units are inspected and monitored for lease compliance. Transparency and Accountability: Scott Moulton addressed and denied rumors of favoritism, reduced staff rents, or self-dealing. All staff and applicants followed standard application process. Concerns Over Child Care, Noise, Density: EPHA committed to only pursuing child care use if space meets all licensing and operational needs. No increase in density; development is adaptive reuse only. Event space will have reduced hours and capacity. 9. Town Approval Process Next Steps: Submit application to Town of Estes Park to subdivide property and amend PUD. Application process includes multiple review cycles, Planning Commission hearing, and nal Board of Trustees approval. EPHA aims to submit the application by the end of May 2025. Public Engagement: All standard noticing requirements will be met or exceeded (mailings, signage). Community input welcomed throughout the entitlement process. 10. Closing Scott Moulton thanked attendees. EPHA staff remained available for follow-up questions. Meeting adjourned at approximately 6:25 PM. Jul 23, 2026 VIA EMAIL Mayor and Trustees: My name is David Shirk, and I live at 301 Far View Drive. I am here to speak to the Fall River Village PUD. My request is narrow: require additional landscape buffering along the road and require exterior lighting to comply with the development code. Chapter 13 of the code defines “development” to include a change in the use of land or a structure. Make no mistake: this is a change of use. Chapter 4 identifies accommodations and multifamily residential as separate uses. Both accommodations and multifamily residential are allowed on the property, but the use is changing from one code-defined use to another. The application must therefore comply with development standards. Not only is this technically a change of use, the change is also material. In practice, accommodation uses in Estes Park tend to be most heavily used during the tourist season, when the days are longest and exterior lighting is needed for the fewest hours. Residential use is year-round, including fall and winter, when it gets dark much earlier and exterior lighting operates for longer periods. That creates a different operational impact on nearby properties. Section 7.10 directly addresses operational compatibility. It allows the Decision-Making Body to impose conditions on development to ensure compatibility with existing uses. It specifically identifies the location, intensity, and hours of illumination, along with additional landscaping and buffering. Those are exactly the conditions I am requesting. Section 7.5 establishes landscaping and buffering standards. Section 7.5.F.3 specifically provides that “existing land uses may be required to provide buffering if the use is changed, expanded, enlarged or in any other way increases the impacts on adjacent properties.” The photographs I submitted show a largely untreated roadway edge with very little intentional landscaping. Public Comment Received 2026-07-24 Section 7.9 requires exterior lighting to be evaluated during development review and establishes standards for shielding, cutoff angles, glare, and off-site illumination. I ask the Board to condition approval on two things: first, a revised landscape plan that adds appropriate screening along the road; and second, documented compliance with Section 7.9 for all exterior lighting, with any noncompliant fixtures replaced or modified. These are limited and reasonable conditions tied directly to the change of use and the Town’s adopted standards. Thank you. David Shirk Fall River Village II Combined Preliminary/Final PUD Planning Commission May 19, 2026 Presentation Provided at Meeting 2026-07-28 Vicinity Map W ELKHORN AVE W WONDERVIEW DR Site Map Subject Property Lower Property Not Included Proposal Lot Size. Existing PUD applies Accommodations (A) zoning. 40,000 sq ft minimum lot size Section 10.5.H.7 allows the decision maker to approve townhome lots which are smaller than the zone district minimum Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes Building Envelopes. Section 10.5.H.7.d requires building envelopes be included on townhome subdivision plats. Waiver requested since project already built. Proposal Setbacks. Townhome projects are not required to comply with building setbacks for properties internal to the project Lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. Proposal Parking. Minimum parking requirements are met for the residential units, daycare, and office EPDC Section 7.11.D requires 49 parking spaces for the residential and daycare uses and 11 spaces for the office EPDC requires a parking study for event facilities. The parking study prepared by the applicant recommends a parking ratio of one space per three event attendees. No industry standard parking ratio for event facilities; 2-4 often per vehicle often used. Building Code allows a maximum occupancy of 135 people, which would require 45 parking spaces using the 1:3 ratio. Deficit of 14-25 parking stalls when applying the 1:3 ratio. PUD includes occupant limitations of 59 people during office hours and 97 people non-office hours Proposal Parking. Section 7.11.F requires off-street parking space be located on the same lot or parcel they serve. With the subdivision, parking for Lots 1, 12, and 17 will be provided in the adjacent outlot/ common parking area rather than on individual lots. As provided for in EPDC Section 7.11.G.3, staff has approved the proposed parking as an alternative to providing off-street parking spaces on site Loading. Section 7.11 requires off-street loading for business and professional offices, warehousing and storage, and daycare. Waiver requested due to the size and needs of the building/uses not warranting any large trucks servicing the property. Proposal Sidewalks. Section 10.5.D requires sidewalks be provided along at least one side of any public or private street. Waiver requested for sidewalk along Far View Drive and/or the internal access road connecting Sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. Uses. Government office” is an allowed use under the current PUD PUD would also include “office” as an allowed use. Warehousing and storage – limited” would be added to PUD to accommodate storage for residents and occupants of the office. Clarify Special Review not required for Event Facility. Advantages 1.The PUD shall be consistent with and implement the planning goals, policies and objectives as contained in this Code and in the Comprehensive Plan; Staff comment: The PUD amendment implements the goals and policies of the Code and Comprehensive Plan by supporting workforce housing. The PUD would allow subdivision of the property to enable the sale of individual units, which EPHA indicates is necessary to provide below market rental rates on the workforce housing units. Advantages 2.Adverse impacts on adjacent properties, including but not limited to traffic, noise and visual impacts, shall be mitigated to the maximum extent feasible; Staff comment: There are no adverse impacts on adjacent properties anticipated with the PUD amendment. However, a shared parking lot may create challenges within the project if events incur higher parking demand than anticipated. If this becomes an issue, the HOA and/or management company would likely need address through reserved parking areas, parking permits, and/or enforcement. If vehicles are parked obstructing fire lanes, the Town and/or Fire District may need be involved in enforcement. Advantages 3.The PUD shall be integrated with adjacent development through street connections, sidewalks, trails and similar features; Staff comment: The existing development is integrated with street and sidewalk connections and no new street or sidewalk connections are proposed. 4.Except as provided in Chapter 9 below, all district, development and subdivision standards set forth in Chapters 4 (Zoning Districts), 7 (General Development Standards) and 10 (Subdivision Standards) shall be met; and Staff comment: Except for the waivers requested herein, all district, development and subdivision standards are met. Advantages 5.The PUD shall be integrated with adjacent development through street connections, sidewalks, trails and similar features; Staff comment: The existing development is integrated with street and sidewalk connections and no new street or sidewalk connections are proposed. 6.Except as provided in Chapter 9 below, all district, development and subdivision standards set forth in Chapters 4 (Zoning Districts), 7 (General Development Standards) and 10 (Subdivision Standards) shall be met; and Staff comment: Except for the waivers requested herein, all district, development and subdivision standards are met. Disadvantages None Identified Action Recommended Staff recommends Planning Commission forward to Town Board a recommendation to approve the combined Preliminary/Final PUD Plan, subject to the following findings and conditions of approval: Findings: The Planning Commission is the recommending body for the combined Preliminary/Final PUD Plan. The Town of Estes Park Board of Trustees is the decision-making body for the combined Preliminary/Final PUD Plan. This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. The combined Preliminary/Final PUD Plan application complies with applicable standards set forth in the Estes Park Development Code. Conditions: Parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. Finance/Resource Impact The PUD will have little no impact on Town finances or resources. Public Interest Written notice mailed to adjacent property owners on May 1, 2026. Legal notice published in the Estes Park Trail-Gazette on May 1, 2026. Signs posted on property by applicant. Sample Motions I move to forward to Town Board a recommendation of approval for the combined Preliminary/Final Planned Unit Development Plan according to the findings and conditions recommended by Staff. I move to forward to Town Board a recommendation of denial for the combined Preliminary/Final Planned Unit Development Plan, finding that … [state findings for denial]. Fall River Village PLANNING COMMISSION 5/19/26 Presentation Provided at Meeting 2026-07-28 Property Summary Purchased October 2024 for $35M 2 Parcels Lower Parcel: 65 units Upper Parcel 14 Townhome units Building with 8 1-bedroom units Building with a 4-bed and a 1-bedroom Skyview Received $7M of Prop 123 Equity specific to the lower parcel Project Background 1.Colorado Housing & Finance Authority (CHFA) was originally engaged to purchase the property as part of the sale of the Stanley Hotel to the state 2.CHFA decided not to purchase the property as it falls outside of their business model 3.EPHA became involved with seller & CHFA regarding a potential purchase 4.EPHA purchased the property in October 2024 and began operating as workforce housing in early 2025 Funding Structure Sales Price: $35M Prop 123 Equity Funds from State of CO: $7M Current Loan Balance: ~$29M Tax exempt bonds @ 4.8% interest rate Debt Service Reserve Fund: $2.5M Operating Reserve: $450k Workforce Regulatory Linkage Fee was pledged to this project for 7 years 6-E Funds and Workforce Linkage Fees are initial backstops Moral obligation from Town of EP to fund the debt service reserve if a shortfall falls below the required threshold Property Goals To provide workforce housing at below market rent Rental Rates currently range from 60%-80% Area Median Income (AMI) Prop 123 rules contain a maximum blended income AMI of 90% for residents of the property Current AMI Median: 62.14%, Mean: 69.55% To ensure the property sufficiently supports itself Revenues –operating expenses –debt payment >$0 Utilize less of the funding that was pledged to the project 6-E and Regulatory Workforce Short Term Linkage Fee How to Achieve Property Goals? At a $35M purchase price, the below market rental rates for our workforce results in an operational deficit This was known upon the purchase of the property The business plan communicated in 3 Town Board presentations in summer of 2024 and a neighborhood meeting was to sell the high-value townhome units (14 units) to pay down the debt principal Subdivision creates flexibility to sell to individual unit owners or in bulk This amended PUD and subdivision is a key step in preserving as many workforce housing units at a below market rental rate as possible Preservation Strategy Sell ~14 Townhome units to allow paydown of debt principal This ensures that the property will not require ongoing subsidies This will Preserve: Workforce rental units at below market rates at all 65 units on the lower parcel Workforce rental units at below market rates for the 8-unit one bedroom building on upper parcel Skyview for compatible uses for livability and quality of life for the residents of the workforce housing Preserve the “Cliff House” building and explore childcare solutions This is an older duplex with a 4-bedroom and 1-bedroom unit Skyview & Cliff House Cliff House Exploring options of Childcare facility in partnership with Town Added language in PUD to allow home based childcare center Skyview 1st floor of Skyview intended to be used for EPHA office Added Language in PUD limits capacity of Skyview as event space Added Language in PUD limits the operating hours of Skyview Sales Strategy Received 2 Broker Opinion of Values in March 2026 for the buildings on the upper parcel Both valuations came within 1% of one another Received on local valuation and one national commercial brokerage valuation Target is to sell 12-14 townhome units to right size the debt This is a goal & what current broker opinion of value suggest Conclusion & Property Goals To provide workforce housing at below market rent Rental Rates currently range from 60%-80% Area Median Income (AMI) Prop 123 rules contain a maximum blended income AMI of 90% for residents of the property Current Tenant AMI Median: 62.14%, Mean: 69.55% To ensure the property sufficiently supports itself Revenues –operating expenses –debt payment >$0 Supplemental Slides Larimer County AMI Levels HOA CRS 38-33.3-303(5)(a)(I) the Declaration can provide for a period of declarant control of the Board and officers. We can make the period 20 or 30 years but the Declarant Control must terminate 60 days after conveyance of 75% of the Units or two years after the last conveyance of a Unit by the Declarant in the ordinary course of business. 24 Units EPHA plans to retain 9 1-bed 1 4-bed Skyview 42% if Cliff House is kept 33% if Cliff House is sold & 1 bed bldg. is kept 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: Paul Hornbeck, Senior Planner Department: Community Development Date: July 28, 2026 Subject: Resolution 88-26 Fall River Village II Preliminary Plat, Estes Park Housing Authority, Owner/ Applicant Type: Public Hearing, Land Use, Quasi-Judicial Objective: Conduct a public hearing to consider an application for a Preliminary Subdivision Plat and approve or deny the application. Present Situation: The subject property is approximately 3.8 acres in size and contains 24 units and an event facility. The development was used for short-term overnight accommodations and events until its sale in 2024 to the Estes Park Housing Authority (EPHA). EPHA subsequently began leasing units to members of the workforce, with longer-term plans to subdivide the property to allow the sale of some units in order to facilitate below- market rental rates for other units. Other plans for the property include establishing a daycare, converting portions of the event facility to an office for EPHA and storage areas for residents and EPHA, and continued use of the remaining portion of event facility for events. Proposal: The 24 existing units and event facility are proposed to be subdivided into 14 townhome lots, one 8-plex lot, one duplex lot, and one lot for the event facility/office. A concurrent PUD amendment is necessary to address non-conforming situations that would result from the subdivision and make minor changes to allowed uses. Per Review Procedures and Standards of the Code, "Subdivisions are approved in two stages: first, a preliminary subdivision plat is approved, and second, a final subdivision plat is approved and recorded." Code section 3.2 requires the Planning Commission to review the preliminary plat and make a recommendation to the Town Board, who is the final decision-making body. The final plat is reviewed by the Town Board only. Advantages: The application complies with the relevant standards and criteria set forth below and with other applicable provisions of the Code. In accordance with Code section 3.9.E Standards for Review”, all subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, "Subdivision Standards," and all other applicable provisions of the Code. 1. Lots. The existing PUD states the property’s Commercial Outlying zoning shall be treated as Accommodations (A) Zoning. The minimum lot size in the A zone is 40,000 square feet; however, all proposed lots are less than 40,000 square feet. Estes Park Development Code (EPDC) Section 10.5.H.7 allows the decision maker to approve townhome lots smaller than required by the zoning district, which is requested with this application. However, Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. As such, the PUD application seeks a waiver to minimum lot size for these lots, and if approved, the proposed lots will be consistent with the PUD. 2. Setbacks. Subdividing the current single lot in multiple lots will result in different building setbacks. Townhome projects are not required to comply with setbacks for properties internal to the project per EPDC Section 10.5.H.7.d. However, lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. The PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. 3. Density. No new units are proposed. As such, the density of the subdivision is compliant with the existing PUD and the proposed PUD amendment. 4. Relationship to Comprehensive Plan. As an existing development, subdividing the property should have little to no impact on the character of the area but will support the housing goals in Comprehensive. 5. Geologic and Wildfire Hazard Areas. The property is outside all mapped geologic hazard areas but lies partially within a mapped high-tree wildfire hazard area. As an existing development, no additional wildfire requirements apply at this time. However, like all of Town, any future remodels or redevelopment over certain thresholds will be subject to the Colorado Wildfire Resiliency Code. 6. Utilities and Services. Power and Communications, Estes Valley Fire Protection District, and Estes Park Sanitation District have reviewed and expressed no objections to the proposed subdivision. The Water Division supports the application based on modifications made by the applicant to address concerns about shared water service lines, which are typically not allowed due to potential complications with maintenance and billing. Lots 13 and 14 share a water meter and service line, which runs through Lot 14 to serve Lot 13. To address these concerns, the applicant will install a submeter to determine water usage of each unit and dedicate easements to ensure appropriate access for maintenance. The draft covenants, conditions, and restrictions (Attachment #7) establish these easements and related access requirements and address installation of the submeter. 7. Orientation of Land Uses. The proposed subdivision will not alter the orientation of land uses. 8. Improvements. No new public improvements are necessary to serve the development. 9. Compliance with Zoning Development Standards. The Code requires the layout of lots, driveways, utilities, drainage facilities be designed in a manner that minimizes the land disturbance, maximizes the amount of open space in the development, and preserves existing trees/vegetation and wildlife habitat. Since no new development is proposed, this section is not applicable. 10. Limits of Disturbance. The Code requires that limits of disturbance (LOD) be established with the subdivision of land. Since no new development is proposed, this section is not applicable. 11. Streets. As an existing development, no new street improvements are warranted. 12. Sidewalks, Pedestrian Connections and Trails. An existing sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. Public Works has determined no additional sidewalks or connections are required. 13. Wildlife Habitat Protection. With no new development proposed, wildlife habitat protection is not applicable. 14. Building Code. Subdividing the property creates different building code requirements and occupancy classifications compared to how the buildings were originally constructed. The applicant’s architect has provided a building code analysis, which concludes various improvements are required make the buildings conforming with the building code upon the subdivision. The Town’s Building Division has reviewed the code analysis and agrees with the findings, which include: a. Lots 2-3, 4-6, 7-9, 10-11, 15-16 lack the required fire separation in the attics. To become compliant, additional drywall will need to be installed in the attics. b. Lots 13-14 lack required fire separation and require installation of a fire sprinkler system. Additionally, a 6’ wide setback/building envelope in the outlot directly west of the west property line needs to be platted to provide emergency egress from Lot 13. To address these life-safety items staff recommends, and the applicant has agreed to, a condition of approval that the above items are completed, inspected, and approved prior to recording of the subdivision plat. EPDC requires the subdivision plat be recorded within 180 days of Town Board approval. Disadvantages: Since the application complies with relevant review criteria, no disadvantages have been identified. Action Recommended: At their May 19, 2026, meeting Planning Commission forwarded to Town Board a recommendation to approve the preliminary plat, subject to the following findings and conditions of approval: Findings: 1. The Planning Commission is the recommending body for the preliminary plat. 2. The Town of Estes Park Board of Trustees is the decision-making body for the preliminary plat. Town Board approval of a final plat is also necessary to subdivide the property. 3. Adequate public/private facilities are currently available or will be made available by the applicant to serve the subject property. 4. This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. 5. The preliminary plat application complies with applicable standards set forth in the Estes Park Development Code, subject to approval of the corresponding application to amend the PUD. Conditions: 1. All recommendations identified in the building code analysis (Attachment #5) shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. Finance/Resource Impact: The subdivision will have little no impact on Town finances or resources. Level of Public Interest: Staff anticipate a moderate level of public interest; however, as of this writing no public comments have been received on this application. Any comments received will be posted to http://www.estes.org/currentapplications. In accordance with the notice requirements in the Code, notice of this hearing was published in the Estes Park Trail-Gazette, on July 10, 2026. Notice was mailed to all required adjacent property owners on July 10, 2026. A sign was posted on the property by the applicant. A neighborhood meeting was held by the applicant on May 8, 2025 with approximately 10 attendees. A meeting summary is enclosed (Attachment #8). Sample Motion: 1. I move for the approval/denial of Resolution 88-26. Attachments: 1. Resolution 2. Application 3. Statement of Intent 4. Preliminary Plat 5. Building Code Analysis 6. Draft Street Maintenance and Use Agreement 7. Draft Covenants, Conditions, And Restrictions 8. Neighborhood Meeting Summary RESOLUTION 88-25 A RESOLUTION APPROVING THE FALL RIVER VILLAGE II PRELMINARY PLAT WHEREAS, an application for the Fall River Village II Preliminary Plat was filed by Estes Park Housing Authority (Applicant); and WHEREAS, the Fall River Village II Preliminary Plat proposes subdivision of a 3.8 acre property to create seventeen (17) lots and one (1) outlot on land located in a CO (Outlying Commercial) Zoning District with a Planned Unit Development (PUD) zoning overlay; and WHEREAS, a public meeting was held before the Estes Park Panning Commission on May 19, 2026, at the conclusion of which the Planning Commission voted to recommend approval of the preliminary subdivision plat with the following findings and conditions: Findings: 1.The Planning Commission is the recommending body for the preliminary plat. 2.The Town of Estes Park Board of Trustees is the decision-making body for the preliminary plat. Town Board approval of a final plat is also necessary to subdivide the property. 3.Adequate public/private facilities are currently available or will be made available by the applicant to serve the subject property. 4.This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. 5.The preliminary plat application complies with applicable standards set forth in the Estes Park Development Code, subject to approval of the corresponding application to amend the PUD. Conditions: 1.All recommendations identified in the building code analysis shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on July 28, 2026 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Fall River Village II Preliminary Plat is hereby approved, subject to the following condition: 1.All recommendations identified in the building code analysis dated February 2, 2026 shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. Attachment 1 DATED this 28th day of July, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ISubmittal Date: 7/30/2025 Type of Application 0 Pre-App 0 Development Plan 0 Special Review Preliminary Subdivision Plat 0 Final Subdivision Plat Q Minor Subdivision Plat 0 Amended Plat ESTES PARK PLANNING DEPARTMENT APPLICATION PLEASE CHECK ONLY ONE BOX 0 Boundary Line Adjustment 0 ROW or Easement Vacation 0 Street Name Change Time 0 Rezoning Petition 0 Annexation Request Extension Other: Please specify Q Condominium Map Q Preliminary Map Final Q Map Supplemental 0 Map Variance Request Board of Adjustment) General Information Fall RiverVillageIProjectName Subdivide the existing buildings on the parcel, then sell to support below market rents across both parcels Project Address 775 Riverside Drive ESTES PARK, CO 80517 Lot1,FaltRivefVittagel!Resubdivi5ionofLots1-7a?JoutlotA,FaURivef Village P.U.D and Lot 5A of the Anwnded^at of lot 5 Sunny Acres Addttim ParceilD# Site Information 3525271001 Lot Size -3.75 Acres Area of Disturbance in Acres -3.75 Acres CO Treated as A - Prv owner used it as STR and a weddingvenueExistingLandUse Proposed Land Use co Treated as A - Individually owned units, 1 MF building, childcare, office, reduced event space Existing Water Service Proposed Water Service own II Well II None D Other (specify) ZlTown Dwell D None D Other (specify) Existing Sanitary Sewer Service II EPSD Proposed Sanitary Sewer Service II EPSD Is a sewer lift station required? I_| Yes Existing Gas Service 1/1 Xcel |_| Other Existing Zoning CO treated as A UTSD UTSD No None D Septic D Septic D None Proposed Zoning CO treated as A Site Access (if not on public street) Are there wetlands on the site?D Yes E No Site staking must be completed as required/requested by the Planner.Yes Ld No Primary Contact Information Complete Mailing Address Primary Contact Person is Attachments Peter Levine 363 E Etkhorn Owner Ave #101 a_ Estes Park, Applicant co 80517 II Consultant/Engineer Application fee Statement of intent II 1 copy (folded) of plat or plan Id 11" X17" copy of plat or plan 1 Digital Copies of plats/plans in PDF format emailed to planning@estes.org Q Sign Purchase ($10) Please review the Estes Park Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park -^ P.O. Box 1200 -e-. 1 70 MacGregor Avenue ^ Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 •<?. Fax:(970)586-0249 -e. www.estes.org/Communi1yDevelopment Revised 2024-03-11 ks Attachment 2 Contact I nformation Record Owner(s) FALL RIVER VILLAGE ESTES LLC Mailing Address 363 E Elkhorn Ave #101, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email plevine@estes.org Applicant Peter Levi'ne Mailing Address 363 E Elkhorn Ave #101, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email plevine@estes.org Consultant/EngineerVan Horn Engineering Mailing Address 1043 Fish Creek Rd, Estes Park, CO 80517 Phone 970-586-9388 Cell Phone Fax Email JOE@vanhornengineering.com APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or view the fee schedule online at www.estes.org/planningforms All requests for refunds must be made in writing. All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION not required for Board of Adjustment) Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT: Fa[l River Villa§e Estes> LLC Applicant PLEASE PRINT: Estes Park Housing Authority Signatures: tVcrui.Record Owner I UjiVL €\tV L/VZ^ Date 7/30/25 Applicant T eJLt/i <A CV' LH£^ Date 7/30/25 Revised 2020.04.23 ks APPLICANT CERTIFICATION I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: lhttD://www.estes.ora/DevCod^ I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC. I understand that I am required to obtain a "Development Proposal" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road, no later than ten business days prior to the public hearing. I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. I grant permission for Town of Estes Park Employees/Planning Commissioners/Board of Adjustment members, with proper identification, access to my property during the review of this application. I understand that full fees will be charged for the resubmittal of an application that has become null and void Names: Record Owner PLEASE PRINT: Fall River Village Estes, LLC Applicant PLEASE PRINT: Estes Park Housing Authority Signatures: Record Owner ACZC^L ^\CV ^fU^ ^ Applicant _/e^^ f^VLHJ^ Date 7/30/2025 Date 7/30/2025 For Board of Adjustment applications: failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval may automatically render the decision of the BOA null and void. (EPDC Section 3.6.D) COMMUNITY/ NEIGHBORHOODMEETINGSCHEDUIED ran THIS PROPERTY 970-577-3721 Revised 2024-03-11 ks Subdivision & PUD Statement of Intent Fall River Village 200 Filbey Ct Estes Park CO 80517 6/30/25 4.Statement of Intent. All applications for a preliminary subdivision plan and nal plat shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 10 and Chapter 7 of this Code. Ord. 18-01 #26) The intent of subdividing this property is to enable sales of the high value 3 and 4 bedroom townhome units to facilitate below market rental rates for the workforce of Estes Park. While this subdivision is only for the upper parcel of Fall River Village, it impacts both the upper and the lower parcel. Currently, the project has too large of a debt payment to be self-sufficient with the rental rates that we have agreed to charge. In order for the property to operate in a sustainable manner, which will enable long term below market rate rents for the Estes Park Workforce, the sales proceeds from the sales of the townhomes will be used to pay down the debt across the project, thereby reducing the ongoing debt payment. Once this plan is executed, the project is projected to turn a small operating prot which will enable long term below market rate rents for the Estes Park Workforce. The risk of not being able to execute this plan will result in a sale of the property or a foreclosure from the bank. Either of these outcomes will strip away any affordability and workforce restrictions that EPHA plans to implement. There is no planned construction taking place as part of this subdivision and amended PUD. Chapter 7 Review 7.1 – Slope Protection Standards A – The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. B-D Not applicable as this is not a new development and we are not planning further construction 7.2 – Grading and site disturbance standards – Not applicable as this is not a new development and we are not planning further construction Attachment 3 7.3 – Tree and Vegetation Protection - Not applicable as this is not a new development and we are not planning further construction 7.4: Public Trails & Private Open Area This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this new PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7.5: Landscaping and Buffers – Not applicable as this is not a new development and we are not planning further construction 7.6 – Wetlands and Stream Corridor Protection – Not applicable as this is not a new development and we are not planning further construction 7.7 – Geologic and wildre hazard A. Applies to this package B. We acknowledge the interpretation C. We acknowledge the description of regulated hazard areas. This is not an area that has rockfall or debris fan geologic hazard according to Estes park GIS map. D. Professional Qualications: We acknowledge the professional qualications required to create a report E. Wildre Hazards. 1.Wildre Hazard Areas. a. “Mapped Wildre Hazards. Wildre hazard areas shall include all those areas shown as "high-tree" re hazard areas on the Wildre Hazards Resource Map in Appendix A.” – The property does not show as a “high-tree” re hazard area on the wildre hazard resource map Unmapped Wildre Hazards. Wildre hazard areas shall also include areas located outside of the mapped wildre hazard areas that are identied by the Colorado State Forest Service or the Larimer County Wildre Safety Specialist, or designee, as hazardous areas” – The Property is not identied as hazardous areas on either of these resources F. Geologic Hazard area: Not applicable as outlined above 7.8 Wildlife Habitat Protection – Not applicable as this is not a new development and we are not planning further construction 7.9 Exterior Lighting – This is not a new development, therefore this review does not apply 7.10 Operational Performance Standards Please see below for the information within this section A. Noise: This project will comply with this noise restriction. There will be an event center on the 3rd oor of the Skyview Commercial space with operating hours outlined in the CC&Rs that will be enforced. B. Operational/Physical Compatibility: We acknowledge the ability to apply additional conditions C. Evidence of Compliances: We acknowledge that the decision making body shall require evidence of ability to comply with appropriate performance standards and mitigation measures as it deems necessary. 7.11 – Off-Street Parking and Loading I am including a sheet below that shows the parking calculations. The project is above the minimum required threshold. 7.12 – Adequate Public Facilities A. We acknowledge the purpose B. This section applies due to subdivision plat C. General Requirements are acknowledged 1. We are providing adequate public facilities for the residents including bbq areas, a spa/hot tub area, and walking paths. We will not be pursuing a building permit. 2. Level of Standards a. The exiting project meets these standards b. We will not be pursuing a building permit 3. Vehicular Access to public streets and private driveways a. Acknowledged and our plans follow this provision b. We have no gated access c. We have no gated access d. Acknowledged D. Sewage Disposal: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the sewage disposal to remail adequate. 2. Criteria for new development: N/A as new development is not occurring E. Water: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the water levels to remail adequate. 2. Criteria for new development: N/A as new development is not occurring F. Drainage/Water Quality Management: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction or adding more impervious surfaces, we expect the drainage & water quality management to remail adequate. 2. Minimum Approval Requirements: We are not planning to pursue a building permit. G. Fire Protection 1. Level of Service The current facility has sufficient re suppression facilities and adequate access to emergency re protection services. 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 3. Minimum Approval Requirements: We are not planning to pursue a building permit. H. Transportation 1. Levels of Service a. There will be no new addition of units, therefore there will not be a signicant adverse impact on existing transportation levels of service, access and vehicular movement on any arterial or collector street or intersection within one-quarter (¼) mile of the site or that any such adverse impact has been mitigated to the maximum extent feasible. 2. Thresholds for Traffic Impact Analysis: Not Applicable I. Electricity 1. Level of Service The current facility has sufficient electrical service to each lot 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 7.13 – Outdoor storage areas, activities, and mechanical equipment – This is not a new development, therefore this section is not applicable 7.14 – Mobile Home Parks – This is not a mobile home park, therefore this section does not apply. 7.15 – Recreational Vehicle (RV) Park/Campground – This is not a RV Park or Campground, therefore this section does not apply. Chapter 10 Review 10.1 - PURPOSES The purposes of this Chapter are to: A. “Provide for the orderly growth and harmonious development of the Estes Valley in accordance with the Estes Valley Comprehensive Plan” -- This project ts this requirement as there is no additional units being constructed, and it is a conversion from hospitality to workforce housing which is a key part of the Estes Valley Comprehensive plan B. “Ensure an adequate and efficient street system” – No additional units are being created, so there are no changes to the street system required C. “Achieve individual property lots of reasonable utility and livability” – The project accomplishes this in the way the lots are platted D. “Secure adequate provisions for water supply, electric service, drainage, sewers and other facilities and services for the health and safety of the residents of the Estes Valley” -- As noted to the response in section 7.12, these facilities and services have adequate provisions E. “Protect sensitive environmental areas and mitigate the impact of development in hazard areas” -- As noted in the response in section 7.7, this parcel does not have sensitive environmental impacts nor hazard areas F. “Ensure adequate provision of open areas” -– No new construction is occurring, therefore we are ensuring adequate provision of open areas 10.2 Applicability/Scope A. General – We acknowledge these provisions B. Minor Subdivisions and Minor Adjustments: The property does not meet the requirements for Minor Subdivisions or Minor Adjustments. 10.3 Review Procedures A. We acknowledge that all subdivisions shall be reviewed in accordance with the procedures set forth in Chapter 3 of the cod B. We acknowledge that or purposes of staff and EVPC review, corners of all lots in a proposed preliminary subdivision plat shall be staked in the eld. In addition, during the preapplication conference, Staff may require the Applicant to identify natural or other site features in the eld. 10.4 Lots A. Lot Dimensions and Conguration: 1.Each of our lots have the size, width, depth, shape, and orientation that is appropriate for the location of the subdivision, and for the type of development and use contemplated. 2. Each townhome lot complies with the standards set forth in the development code. Lot 1, 12, and 18 are not townhome lots. These lots are 14,300+/- sf, 8,600 +/- sf, and 12,300 +/- sf respectively. These lots are addressed in our amended PUD 3. Conrmed 4. Conrmed B. Access: Conrmed C-E. N/A F. Conrmed 10.5 Subdivision Design Standards A. The project complies with the general subdivision standards B. The project is in compliance with zoning requirements and all updated uses are address in the amended PUD C. We are not altering any of the internal or external streets. However we are planning to put small traffic calming measures on the internal road that connects the lower parcel of Fall River with the subject parcel. D. Sidewalks, Pedestrian Connections and Trails 1-3: The project has a sufficient sidewalk and trail network. In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails E. Utility Standards 1. Conrmed 2. Acknowledged 3. Acknowledged, please see response to 7.12.D for additional details 4. Acknowledged 5. Acknowledged and easements are planned to be in place 6. Acknowledged, please see response to 7.12.F for additional details 7. Acknowledged, please see response to 7.12.E for additional details 8. Acknowledged and discussions with the Fire Dept have taken place to conrm that this project will adhere to the Fire Safety Standards. F. Private Open Areas and Trails: In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails G. Vegetation Protection: We are not planning any new construction on this property, therefore all existing vegetation will remain. H. 1-6 This section is applicable to this project as certain lots will be townhome lots 7. The townhome lots in this project are allowed with the applied zoning on the PUD. The project is creating additional outlots for common areas that shall be owned and maintained by the homeowners association. The townhome project complies with the minimum lot size, and the setbacks and lot coverage are of appropriate standards. I. We understand the monument requirements J. There will not be any new construction taking place so this section is N/A. The town has as builts when the property was previously developed K. We do not expect any public improvement requirements as we are not building on this property. PUD Statement of Intent 5. A written statement of how the PUD Plan meets the standards for review, as set forth in §3.4 of this Code. 9.1 - Purposes This project ts the purposes of a PUD outlined in the Estes Park Development code. We are amending this PUD to ensure that the (A) growing demands of the population may be met, (B) Creating a more efficient use of land and public services so that the resulting economies may inure to the benet of those who need homes, and (C) this PUD is well located, preserves the land with no new construction, and provides development of a mixed-use commercial and residential development and promote developments with a mix of commercial and residential uses including attainable, workforce, and employee housing. 9.2 Eligibility The PUD in this district has already been created and contains the underlying CO district. The PUD is eligible based upon both size and building count as the site is more than 2 acres and has more than 5 units. 9.3 PUD Standards A) 1) The PUD is proposing the following uses Townhome ownership with the potential to STR Free storage for workforce housing tenants Office Space Daycare Event Space 2) The PUD largely ts the number of units allowed and density requirements of this PUD. The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. 3) Setbacks and lot coverage – We are not making any adjustments to the setbacks from lot lines abutting a property outside the PUD. Setbacks and lot coverages are compatible with the surrounding area. 4) Building height is not applicable as we are not building any new units 5) The PUD meets off street parking and loading standards 6) This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7) See responses to the code items related to Section 10 listed above B) The amended PUD will create uses that have greater compatibility with the surrounding area than the current use. By repurposing the main space of Skyview, it will no longer be able to operate as a large wedding venue and the hours of operation will be reduced. This will be a benet to neighbors as well as residents of Fall River Village as they will not be subjected to loud music late in the evening. The new use of an office space is compatible with the surrounding uses, and a day care facility will enhance the livability of the surrounding neighborhood as it provides a local childcare option for nearby families. Attachment 4 Fall River Village Sky View Community Building 2021 IEBC/IBC Code Study Use & Occupancy Class -- Chapter 3 Existing Building: 2nd Level (rooftop deck) – A-2 1st Level A-2 Banquet Hall Basement S-1 Storage Proposed Building: 2nd Level (rooftop deck) – A-2 (assembly, no change) 1st Level B - O)ice Basement S-1 Storage & B- O)ice Height & Area Limitations -- Chapter 5 Type V-B building construction Building Area: Use Group: A-2/S-1/B Allowable area: 18,000sf (A-2 most restrictive) Upper Floor: (A-2) 2,575sf Main Floor: (B) 3,270sf Lower Level: (B/S-1) 2,690sf Total: 8,535sf Building Height: 2 Story; +/- 49’ (2 Stories/60’ max allowable)* Due to steep slope, technically 3-stories based on grade plane – building approved as 2- story equivalent by addition of 1hr separation between Basement + Main oor (then S-1/A); not otherwise required. Building meets height and area requirements for most restrictive occupancy (A2) therefore provisions of 508.3 apply – no separation required between A2 + B. Types of Construction -- Chapter 6 Fire-resistive rating: Table 601 - Type V-B All building elements: 0 hrs Fire - Resistive Construction -- Chapter 7 Exterior walls – Revised based on new Proposed Re-Plat North Wall 0hr >10’ (to centerline of drive) South Wall 0hr >10’ West Wall 0hr >10’ ** see below for deck East Wall 0hr > 10’ – property line adjusted on plat West, North & South walls: Unlimited unprotected openings 30’ Attachment 5 East Wall: >10’ UP S - 45% max allowable opening area (max 15% at 3rd oor) Projections – 705.2.3 – Projections within 5-feet of prop line must be non-combustible , re-rated or heavy timber. Property line adjusted so that deck is > 5’ 1hr Shaft enclosure at basement stair + duct chase, supporting construction protected 1hr separation between Basement + Main Floor (see Chap 5 above) Walls in lower level 1hr from inside, supporting walls in crawl not req'd to be rated Shaft enclosures: 1-hour <4 stories: Elevator shaft, basement stair enclosure + duct chase Opening Protectives: Exit access stairway enclosures: 60-minute Interior Finishes - Chapter 8 Flame Spread: A-2: Exits/Corridors: Class B Rooms + spaces: Class C Fire Protection Systems -- Chapter 9 Automatic Sprinkler systems - Full NFPA 13 system provided Fire Alarm: provided Means of Egress - Chapter 10 First Floor -- Community Hall: O)ice: 3,630sf (gross) @ 1/150 = 24 occ's Storage 90sf(gross) @ 1/300 = 1 occ's Total 25 occ’s (1 exit req’d, 2+ provided) Min component egress: 36-inches Second Floor -- Roof Deck: Deck Seating 1,985sf (net) @ 1/15 = 132 occ’s O)ice 215sf (gross)@ 1/150 = 2 occ's Storage: 145sf (gross) @ 1/300 = 1 occ's Total 135 occ’s (2 exits req’d) Total egress width: 135 * 0.2 (stairways) = 27-inches Min component egress: 44-inches Lower Level: O)ice 1,650sf (gross) @ 1/150 = 11 occ’s Storage/Mech. 740sf (gross) @ 1/300 = 3 occ’s 14 occ’s 1 exit req'd/2 provided Accessibility -- Chapter 11 Accessible route from accessible parking provided. Accessible toilet facilities provided Plumbing Systems -- Chapter 29 Change to lesser use – existing facilities more than adequate. IEBC Accessibility – Section 306 Accessible parking, accessible route to all oors (elevator) and toilet facilities provided throughout all primary function areas. Level 1 Alterations (throughout) Building Elements – Section 702 All new nishes to comply with Chapter 8 Level 2 Alterations (lower level new walls) Interior partitions only, no e)ect on life-safety Change of Occupancy (A-2/S to B) Structural 1006 – Existing building designed for 2015 IBC 70psf Snow/175mph Wind Electrical 1007 – No special occupancies Mechanical 1008 – Existing mechanical system adequate Per 1008.1 Code requires new occupancy to comply with IMC if subject to increased mechanical ventilation requirements – A to B would be a decrease 7.5cfm/person to 5cfm/person per Table 403.3.1.1 Plumbing 1009 – Existing plumbing xtures adequate (reduction in occupant load) Drinking fountain – one existing kitchen sink (owner choice) to be provided with cup dispenser Fire protection 1011.2 – Existing re protection systems adequate Means of Egress 1011.5 – Change to lower hazard existing egress adequate for new use) Height and Area 1011.6 – Change to lower hazard (existing acceptable) Exterior Walls 1011.7 – Equal hazard category (existing acceptable) Vertical Shafts 1011.8 – All existing vertical shafts enclosed (1hr) STREET MAINTENANCE AND USE AGREEMENT THIS AGREEMENT is made and entered into this _______ day of ________________, 2025 by and between FALL RIVER VILLAGE ASSOCIATION, INC., a Colorado nonprofit corporation (the “Association”); and FRVT STREETS, LLC, a Colorado limited liability company (the “FRVT”). The Association and FRVT may be referred to individually as a “Party” and together as the “Parties.” DEFINITIONS For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires (a) capitalized terms used in this Agreement shall have the meanings assigned to them where defined parenthetically and/or with quotation marks and shall include the plural as well as the singular; (b) the words “herein,” “hereinabove,” “hereunder,” “hereinafter,” and other words of similar import shall refer to this Agreement as a whole and not to any particular Section; the words “include,” “including,” “includes,” and other words of similar import shall mean “including but not limited to.” In addition to the terms defined parenthetically and/or with quotation marks the following defined terms shall have the meaning herein given: A.“Common Interest Community” shall mean the Real Estate and all improvements now located or subsequently constructed thereon, except the Streets. B.“Covenants” shall mean the Declaration of Covenants, Conditions, and Restrictions for Fall River Village Association recorded in the office of the Clerk and Recorder on 2025, at Reception Number _______________. C.“Entities” shall mean and include corporations, partnerships, limited liability companies, associations, trusts, and any other legal entity. D.“Governmental Authority” shall mean the United States; the State of Colorado; the Town; the County; any political subdivision of any national, state, county, municipal, or regional government; any metropolitan district, special district, or special improvement district within which the Common Interest Community is located; any cooperative electric Association, nonprofit electric corporation or Association, renewable energy provider, gas company, telephone company, mobile communication provider, utility franchise, or governmentally regulated, supervised, or licensed public utility that provides utility service to the Common Interest Community; any other governmental entity, agency, authority, subdivision, or district having jurisdiction over the Common Interest Community; and any federal, state, or municipal court having jurisdiction over the Common Interest Community. E.“Lot” shall mean each Lot as described and designated on the Plat except Outlot A. F.“Occupants” shall mean Persons and Entities occupying or using any portion of a Lot or the improvements on a Lot with the consent of the Owner of the Lot. G.“Owners” shall mean the Persons and Entities having an ownership interest in a Lot. Attachment 6 H. “Plat” shall mean the Plat of Fall River Village Townhomes recorded in the office of the Clerk and Recorder on _______________, 2025, at Reception Number _______________. I. “Real Estate” shall mean the Real Estate described in Exhibit A attached hereto, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance, but excluding the Streets. J. “Rules and Regulations” shall mean rules and regulations adopted by FRVT governing use of the Streets including the parking areas as shown on the Plat. K. Streets” shall mean the existing Private and Emergency Vehicle Access Easements, together with the parking areas, curbs, gutters, and sidewalks immediately adjacent thereto as described and designated on the Plat as “Outlot A” and commonly known as Filbey Court, Sweet Sage Lane, and Sunny Acres Court. L. “Street Maintenance” shall mean all work performed and materials supplied for the maintenance, repair, replacement, restoration, and improvement of the Streets. Recitals A. FRVT is the owner of the Streets within the Common Interest Community. B. FRVT is a wholly owned subsidiary of the Estes Park Housing Authority, a body corporate and politic organized and existing under the Colorado Housing Authorities Act EPHA”). EPHA its subsidiaries, affiliated entities, managed entities, entities in which it has an ownership interest, departments, boards, commissions, committees, officers, employees, and officials, including but not limited to FRVT, are immune from liability for death of or injury to persons and damage to property for all claims which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant by the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as construed and interpreted by the Colorado Court of Appeals in Martinez v. CSG Redevelopment Partners LLLP, 469 P.3d 491 (Colo App 2019). Nothing contained in this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the Colorado Governmental Immunity Act. C. The Owners and Occupants must use the Streets to obtain access to the Lots. D. The Association is willing to reimburse FRVT for the reasonable costs necessarily incurred in connection with the Street Maintenance. E. It is the intent of the Parties that the Streets forever remain private and therefore nothing contained in this Agreement shall be construed to create a public street, public road, public easement, or public right-of-way. NOW THEREFORE for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the Parties agree as follows: 1. Grant of Easement. FRVT hereby grants, bargains, sells, and conveys to the Association a nonexclusive perpetual easement over, across, and upon the Streets for the purpose of providing access and utilities to each Lot for the use and benefit of the Owners and Occupants of the Lots, their heirs, personal representatives, successors, assigns, tenants, subtenants, guests, invitees, and all other Persons having a right to enter upon, use, or occupy a Lot with the express or implied permission of the Owner of the Lot. 2. Rights Reserved by FRVT. a) FRVT hereby expressly excepts and reserves to itself and its successors and assigns a non-exclusive perpetual access and utility easements and rights-of-way over, under, across, and upon the Streets and shall have the right to grant, bargain, sell, and convey easements and rights-of-way over, across, and upon the Streets to purchasers of Lots within the Common Interest Community. b) FRVT shall have the right to grant, bargain, sell, and convey easements and rights-of-way over, under, across, and upon the Streets to any Governmental Authority. 3. Street Maintenance. FRVT shall perform such Street Maintenance as may be necessary or reasonably required to maintain the Streets to a standard comparable to other streets within residential subdivisions within the Town of Estes Park. 4. Reimbursement. The Association shall reimburse FRVT for all costs and expenses incurred by FRVT in performing the Street Maintenance. Any amount due from the Association to FRVT which is not paid within thirty (30) days of the date due shall bear interest from the date due until paid at the rate of eight percent (8%) per annum. 5. FRVT Remedies. In the event of default by the Association in the payment of any amount due to FRVT, FRVT shall have the following remedies, which shall be cumulative and shall not be exclusive of any other rights or remedies which FRVT may have under this Agreement or under applicable law: a) Action Against Association. FRVT shall have the right to commence an action against the Association to collect any amount due to the Association, plus interest, costs, and attorney’s fees. b) Enforce the Association Covenants. FRVT shall have the right, but not the obligation, to exercise any and all rights which the Association may have under the Covenants to collect Assessments directly from Owners, which may include, by example, and not limitation, commencing an action against Owners personally to collect the amount due to FRVT, together with interest, costs, and attorney’s fees and recording and foreclosing a lien against the Lots. The parties hereto acknowledge that the Association has the primary obligation to collect Assessments from Owners and to pay the amount due to FRVT in full. 6. Association Remedies. In the event of default by FRVT in the performance of its obligations under this Agreement, the Association shall have the right to an action for specific performance but not damages. 7. Rules and Regulations. FRVT shall have the right to adopt the Rules and Regulations. FRVT shall provide a copy of the Rules and Regulations to the Association. The Association shall be responsible for giving proper notice of the Rules and Regulations to the Owners. In the event of the violation of any of the Rules and Regulations by an Owner or his or her guests or invitees, FRVT shall have the right to assess a fine against any Owner who has or whose guests or invitees have violated the Rules and Regulations in the same manner as the Association can assess fines pursuant to the Declaration and the Association’s policies. 8. FRVT Liability. FRVT, its member, agents, and employees, shall not be liable to the Association, any Owner, Occupant, any guest, or invitee of an Owner for any damage or injury arising out of or as a result of the use of the Streets, except such damage or injury as may be caused by the gross negligence or intentional acts of FRVT, its agents or employees. All claims against FRVT, its managers, members, agents, and employees, for any damage or injury are hereby expressly waived, except such claims as are a result of gross negligence or intentional acts. The Association shall defend, indemnify, and hold harmless FRVT, its managers, members, agents, and employees, and their respective heirs, personal representatives, successors, and assigns, from and against any and all loss, cost, liability, or expense, including reasonable attorney’s fees, arising out of any claim by any Owner, Occupant, or any guest or invitee of an Owner by reason of the use or misuse of the Streets, except such claims as are a result of gross negligence or intentional acts. 9. No Partnership. The parties to this Agreement do not, in any way or for any purpose, become partners of each other, or joint venturers, or member of a joint enterprise with each other. 10. Mutual Cooperation; Good Faith. The Parties agree to cooperate each with the other to effectuate the terms and provisions of this Agreement and to execute any and all additional documents or take such additional action as may be reasonably necessary or appropriate to effectuate the terms of this Agreement. The Parties acknowledge and agree that each Party has an obligation to act fairly, reasonably, and in good faith in exercising their rights and performing their obligations under this agreement. “Fairly” means characterized by honesty and justice; free from favoritism; fair, equitable, impartial, unbiased, dispassionate, objective, without prejudice; conforming to a standard of what is right, true, or lawful, despite strong, especially personal, influences; free from undue influence. “Reasonably” means being or coming within the bounds of reason; moderate, not extreme, not excessive, not demanding too much, not absurd, not ridiculous; allowing for a fair result; based on discussion, analysis, sound judgment based on consideration of facts and rational arguments. “Good faith” means honesty, lawfulness of purpose, belief that one’s conduct is not unconscionable or that know circumstances do not require further investigation, absence of fraud, deceit, collusion, or gross negligence. 11. Jurisdiction and Venue; Waiver of Jury. This Agreement is made and entered into in Larimer County, Colorado and is governed by and its terms shall be construed under the laws of the State of Colorado. Any action relating to this Agreement shall be brought and prosecuted only in the courts of the County of Larimer, State of Colorado, and each Party waives any right or claim of right to elect or require action to be brought or maintained, or venue changed, to any other place. To the full extent permitted by law, the Parties hereby knowingly, intentionally, and voluntarily, waive, relinquish, and forever forgo the right to a trial by jury in any action or proceeding, including, without limitation, any tort action, based upon, arising out of, or in any way relating to or in connection with this Agreement and any of the related documents, the transactions which are the subject hereof, or any course of conduct, act, omission, course of dealing, statements (whether verbal or written) or actions of any person in connection with this Agreement or the related documents, including, without limitation, in any counterclaim which any Party may be permitted to assert thereunder, whether sounding in Agreement, tort or otherwise. 12. Counterpart Copies; Electronic Delivery: This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed an original, with the same effect as if the signatures were on the same instrument, and all of which, taken together shall constitute one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered by each Party to the other Parties. Delivery of this Agreement by facsimile transmission, email or other electronic means containing the signature of a Party shall be deemed delivery of an original signature. If delivery is so made electronically, the Parties agree, upon the request of either Party to exchange documents bearing the original signatures, but such exchange is not required and delivery electronically shall constitute delivery without regard to subsequent exchange of documents bearing the original signatures. 13. Entire Agreement, Subsequent Modification, Forbearance. This Agreement sets forth the entire understanding between the Parties regarding the subject matter hereof and all prior agreements, understandings and conversations regarding the same are merged herein. This Agreement may not be modified, amended, supplemented, canceled or discharged, except by written instrument executed by all Parties. No failure to exercise and no delay in exercising, any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the Parties. No extension of time for performance of any obligations or other acts hereunder or under any other agreement shall be deemed to be an extension of the time for performance of any other obligations or any other acts. The rights and remedies of the Parties under this Agreement are in addition to all other rights and remedies, at law or equity that they may have against each other. 14. Interpretation. In the event an ambiguity or question of intent or interpretation arises, no presumptions or burdens of proof shall arise favoring either Party by virtue of the authorship of any of the provisions of this Agreement. If any word, phrase, sentence, clause, section, subsection or provision of this Agreement as applied to any Party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause, section, subsection or provision of this Agreement, and the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement or judicial reaffirmation of the invalid provision. 15. The Association Owners’ Addresses. The Association shall provide to FRVT the names and addresses of all persons and entities having or acquiring an ownership interest in one or more Lots, within thirty (30) days after the recording of the deed or other instrument evidencing the transfer of title to the Lot. 16. Dispute Resolution. In the event the Parties cannot agree on any given issue arising under this Agreement, such issue must be submitted to mediation. The Parties must first negotiate fairly, reasonably, and in good faith to resolve their dispute for a period of 15 days before submitting the dispute to mediation. If the Parties are unable to resolve their dispute through good faith negotiations within said 15 days, then within 7 days thereafter FRVT shall list the names, contact information, and qualifications of 3 persons that FRVT would be willing to accept as a mediator, and the Association shall have 7 days to select a mediator from the list. FRVT may not list its attorney, accountant, agent, or employee. The selected mediator shall assist the Parties for a period of 7 days in an attempt to resolve their dispute. If the dispute is not resolved by Mediation within 7 days, either Party may file an action in the Larimer County, Colorado District Court to resolve the dispute. All costs and expenses of mediation shall be divided equally between the Parties. Each Party shall pay its own attorney’s fees incurred in connection with mediation. 1. Attorney’s Fees. In the event of any litigation arising out of this Agreement, the Court must award to the Party that substantially prevails in such litigation all court costs and reasonable attorney’s fees. 17. Binding Effect. The terms and provisions of this Agreement shall be covenants running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Any person or entity, by accepting a deed or other instrument by which such person acquires an ownership interest in one or more Lots shall be deemed to covenant and agree to be bound by all of the terms and provisions of this Agreement. The remainder of this page has been left blank intentionally. Signatures appear on the following page.] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. FALL RIVER VILLAGE ASSOCIATION, a Colorado nonprofit corporation BY:___________________________________ President FRVT STREETS LLC, a Colorado limited liability company BY:___________________________________ Manager STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _______ day of 2025, by ________________ as President and FALL RIVER VILLAGE ASSOCIATION, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: ____________________. Notary Public STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _______ day of 2025, by _________________________ as Manager of FRVT STREETS LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: ____________________. Notary Public 4-27-26 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR FALL RIVER VILLAGE ASSOCIATION THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR FALL RIVER VILLAGE ASSOCIATION (this "Declaration") is made this ____ day of 2026, by FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company ("Declarant"). Recitals: A.Declarant is the owner of the real property in the Town of Estes Park, County of Larimer, State of Colorado, described on Exhibit A attached hereto and incorporated herein by this reference ("Real Estate"). B.Declarant desires to create a common interest community on the Real Estate pursuant to the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq., as it may be amended from time to time (the “CCIOA”). C.The Declarant has caused to be incorporated the Fall River Village Association, Inc., a Colorado nonprofit corporation (the “Association”) under the Colorado Revised Nonprofit Corporation Acts, C.R.S. § 7-121-101, et. seq. as it may be amended from time to time (the Nonprofit Act”), for the purpose of exercising the functions herein set forth. ARTICLE I. SUBMISSION OF REAL ESTATE The Declarant hereby publishes and declares that the Real Estate shall be held, sold, conveyed, transferred, leased, sub-leased, and occupied subject to the following easements, covenants, conditions, and restrictions which shall run with the land and shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Real Estate or any portion thereof, their heirs, personal representatives, successors, and assigns. ARTICLE II. DEFINITIONS For purposes of this Declaration, except as otherwise expressly provided or unless the context otherwise requires (a) capitalized terms used in this Declaration shall have the meanings assigned to them where defined parenthetically and/or with quotation marks and shall include the plural as well as the singular; (b) all accounting terms not otherwise defined shall have the meanings assigned to them in accordance with Generally Accepted Accounting Principles applicable at the time; (c) all references in this Declaration to designated Sections are to the designated Sections of this Declaration, and (d) the words “herein,” “hereinabove,” “hereunder,” hereinafter,” and other words of similar import shall refer to this Declaration as a whole and not to any particular Section. In addition to the terms defined parenthetically and/or with quotation Attachment 7 4-27-26 marks the following defined terms shall have the meaning given in the following Sections of this Article II: Section 1: “Acts” shall mean the CCIOA and the Nonprofit Act. Section 2: “Allocated Interests” shall mean the Common Expense Liability and votes in the Association. Section 3: "Approval" or "Consent" shall mean securing the written approval or consent as required by any provision of this Declaration before doing, making, or permitting that for which such Approval or Consent is required. Section 4: “Assessments” shall mean all Assessments made for General Common Expenses together with all fees, charges, late charges, fines, interest, collection costs, court costs, and attorney’s fees incurred, and assessed by the Association against a Unit and/or the Owner of the Unit. Section 5: “Association” shall mean Fall River Village Association, Inc., a Colorado nonprofit corporation. Section 6: “Board” shall mean the duly elected Board of Directors or Executive Board of the Association. Section 7: “Buildings” shall mean all Buildings presently located on the Real Estate, including but not limited to all Buildings within which Units are located. Section 8: “Clerk and Recorder” shall mean the office of the Clerk and Recorder of the County. Section 9: “Committee” shall mean any committee established by the Board. Section 10: “Committee Member” shall mean any Person appointed by the Board to serve on a Committee. Section 11: “Common Elements” shall mean all of the Common Interest Community except the Lots and Streets. The Common Elements shall include, the Trash Enclosure, the Hot Tub, and the Landscaping all as shown on the Plat, and all other improvements on the Common Elements. Common Elements shall also include the Fire Suppression System. Section 12: “Common Expense Liability” shall mean the liability for General and Limited Common Expenses allocated to each Unit pursuant to this Declaration. Section 13: “Common Interest Community” shall mean the Real Estate, the Buildings, and all improvements now located or subsequently constructed thereon, except the Streets. 4-27-26 Section 14: “Common Utilities” shall mean all utility pipes, wires, lines, conduits, or systems that serve more than one Unit, including but not limited to the Fire Suppression System, which Common Utilities are Common Elements. Section 15: “County” shall mean the County of Larimer, State of Colorado acting by and through its Board of County Commissioners, and all of its departments and offices. Section 16: “Declarant” shall mean FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company, its successors and assigns. Section 17: “Declaration” shall mean this Declaration of Covenants, Conditions, and Restrictions for Fall River Village Association, including any amendments hereto. Section 18: “Director” shall mean a duly elected member of the Board. Section 19: “Exterior Door” shall mean any door that provides access to a Unit from outside of the Building within which the Unit is located. Section 20: “Fair”, “Fairly”, and similar terms shall mean characterized by honesty and justice; free from favoritism; equitable, impartial, unbiased, dispassionate, objective, without prejudice; conforming to a standard of what is right, true, or lawful, despite strong, especially personal, influences; free from undue influence. Section 21: “Fire Suppression System” shall mean the combination of devices and equipment engineered and installed and to be maintained in, on, or about the Buildings to detect and combat fires automatically, which may include smoke detectors, heat sensors, and alarm systems to respond immediately when a fire hazard is detected, deploying suppressants such as water, foam, gas (carbon dioxide or halon to remove oxygen), or dry chemical powders to halt flames and minimize damage. Section 22: “FRVT” shall mean FRVT Streets, LLC, a Colorado limited liability company organized for the sole purpose of owning and maintaining the Streets within the Common Interest Community. Section 23: “General Common Expenses” shall mean and include: (i) expenditures made and liabilities incurred by the Association to maintain, repair, replace, and improve the Common Elements, including but not limited to the Fire Suppression System; (ii) amounts owed to FRVT pursuant to the Street Agreement; and (iii) amounts allocated to the Reserve Account. Section 24: “Good Faith” shall mean honesty, lawfulness of purpose, belief that one’s conduct is not unconscionable or that known circumstances do not require further investigation, absence of fraud, deceit, collusion, or gross negligence. Section 25: “Governing Documents” shall mean the Articles of Incorporation, Bylaws, Rules, Regulations, Policies, and Procedures adopted and amended from time to time by the Association. 4-27-26 Section 26: “Governmental Authority” shall mean the United States; the State of Colorado; the Town; the County; any political subdivision of any national, state, county, municipal, or regional government; any metropolitan district, special district, or special improvement district within which the Common Interest Community is located; any cooperative electric Association, nonprofit electric corporation or Association, renewable energy provider, gas company, telephone company, mobile communication provider, utility franchise, or governmentally regulated, supervised, or licensed public utility that provides utility service to the Common Interest Community; any other governmental entity, agency, authority, subdivision, or district having jurisdiction over the Common Interest Community; and any federal, state, or municipal court having jurisdiction over the Common Interest Community. Section 27: “Home-Based Child Care” shall mean care for children between the ages of zero and six provided by members of a family within the family’s Unit. Section 28: “Home Occupation” shall mean a business or professional activity, including but not limited to Home-Based Child Care, conducted within a Unit by the resident of the Unit that is incidental to the primary residential use and that does not alter the Unit’s character or create significant neighborhood impacts. Section 29: “Identifying Number” shall mean a symbol or address that identifies only one Unit in the Common Interest Community. Section 30: “Individual Utilities” shall mean all plumbing lines and fixtures; heating, air- conditioning and ventilating systems and equipment; furnace and hot water heater; and electrical wires, conduits, systems, and fixtures located within a Unit commencing at the point that the Individual Utilities enter the Unit, except the Fire Suppression System which shall be a Common Element. Section 31: “Landscaping” shall mean all trees, shrubs, grass, plant materials, vegetative cover, gravel, flagstone, walkways, trails, timber staircases, block, rock, and timber retaining walls, fences, and the sprinkler systems. Section 32: “Law” shall mean any statute, code, ordinance, resolution, rule, regulation, policy, licensing requirement, or order of any Governmental Authority. Section 33: “Limited Common Expenses” shall mean reasonable costs and expenses necessarily incurred by the Owners of a Building for the maintenance, repair, replacement, restoration, and improvement of the Building if such maintenance, repair, replacement, restoration, and improvement of the Building is Approved in writing by the Owners of a majority of the votes allocated to the Units within the Building. Section 34: “Lot” shall mean each Lot as described and designated on the Plat except Outlot A. 4-27-26 Section 35: “Member” shall mean a member of the Association. All Owners of an interest in a Unit must be Members of the Association and all Members of the Association must be Owners of an interest in a Unit. Section 36: “Mortgagee” shall mean any Person who has a Security Interest in a Lot that has provided actual written notice of such Security Interest to the Association. Recording of a mortgage, deed of trust, or other Security Interest in the office of the Clerk and Recorder shall not be considered actual written notice to the Association of a Security Interest. Section 37: “Notice” shall mean any notice required or desired to be given pursuant to this Declaration. Unless otherwise provided in this Declaration, all notices shall be in writing and may be personally delivered; posted on the main entrance to the Unit; mailed, certified mail, return receipt requested; sent by a nationally recognized, receipted overnight delivery service; or sent by electronic mail with evidence of transmission. Any such notice shall be deemed given when personally delivered or posted on the main entrance to the Unit; if mailed, three (3) delivery days after deposit in the United States mail, postage prepaid; if sent by electronic mail, on the day transmitted if transmitted on a business day during normal business hours of the recipient (9:00 A.M. to 5:00 P.M., Monday through Friday, except holidays designated by a Governmental Authority) or on the next business day if sent at any other time; or if sent by overnight delivery service, one (1) business day after deposit in the custody of the delivery service for earliest next business day delivery. The addresses and telephone numbers for the mailing, transmitting, or delivering of notices shall be as set forth in the books and records of the Association or if no address is provided to the Association by the Owner, then as set forth in the County Assessor’s records. Notices of a change of address shall be given in the same manner as all other notices as hereinabove provided. If a notice is to be given to more than one Owner, the notice shall be given to all Owners at the same time and in the same manner. The Association shall furnish to an Owner or such Owner's designee or to a holder of a Security Interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the Association's registered agent, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board, and every Owner. If no statement is furnished to the Owner or holder of a Security Interest or such Owner’s designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the unit for unpaid Assessments which were due as of the date of the request. Section 38: “Officers” shall mean the President, Vice-President, Secretary, Treasurer, and such assistant officers of the Association duly appointed by the Board. Officers must be Directors. Assistant officers must be Members but need not be Directors. Section 39: “Owner” shall mean the Person who owns a Lot but does not include a Person having an interest in a Lot solely as security for an obligation. Section 40: “Party Wall” shall mean a wall within a Building that is common to two Units within the Building. 4-27-26 Section 41: “Person” shall mean a natural person, a corporation, a partnership, a limited liability company, an association, a trust, or any other entity or combination thereof. Section 42: “Plat” shall mean the Fall River Village Townhome Subdivision Plat recorded in the office of the Clerk and Recorder on _______________, 2026, at Reception Number Section 43: “Promptly” shall mean to act as soon as Reasonably practicable under the facts, circumstances, urgency of the situation, nature of the action, availability of resources, and potential consequences of delay. Section 44: “Real Estate” shall mean the Real Estate described in Exhibit A attached hereto, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance, but excluding the Streets. Section 45: “Reasonable”, “Reasonableness”, “Reasonably”, and similar terms shall mean being or coming within the bounds of reason; moderate, not extreme, not excessive, not demanding too much, not absurd, not ridiculous; allowing for a fair result; based on discussion, analysis, sound judgment, and consideration of facts and rational arguments. Section 46: “Reserve Account” shall mean a separate account maintained by and in the name of the Association to provide for the payment of the costs expected to be incurred by the Association in making necessary maintenance, repairs, and replacements to the Common Elements to maintain the Common Elements in good condition. Section 47: “Security Interest” shall mean an interest in real property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in the Association, and any other consensual lien or title retention contract intended as security for an obligation. “First Security Interest” shall mean a Security Interest in a Lot prior to all other Security Interests except the Security Interest for real property taxes and Assessments made by a Governmental Authority. The recording of any document or instrument in the office of the Clerk and Recorder shall not be considered notice to the Association of any Security Interest created by the recording of such document or instrument. Section 48: “Streets” shall mean the existing Private and Emergency Vehicle Access Easements, together with the parking areas, curbs, gutters, and sidewalks immediately adjacent thereto as described and designated on the Plat as “Outlot A” and commonly known as Filbey Court, Sweet Sage Lane, and Sunny Acres Court. Section 49: “Street Agreement” shall mean the Agreement made and entered into between the Association and FRVT for the use and maintenance of the Streets within the Common Interest Community. 4-27-26 Section 50: “Town” shall mean the Town of Estes Park, Colorado, a municipal corporation, and all of its departments and offices. Section 51: “Unit Boundaries” shall mean the unfinished perimeter walls, floors, and ceiling of a Unit. “Unfinished perimeter walls” shall mean the studs, supports, and other wooden, metal, or similar materials that constitute the structural portion of the perimeter walls of a Unit. Unfinished floor” shall mean the beams, floor joist, plywood deck, concrete and other similar floor decking material that constitute the structural portion of the floor of a Unit. “Unfinished ceiling” shall mean the beams, floor joists, and other structural components of the ceiling of a Unit. Section 52: “Unit” shall mean a physical portion of a Building which is designated for separate ownership, use, or occupancy. For clarification, there is one (1) Unit on each Lot except Lot 1 which has 8 Units. If any chute, flue, duct, wire, conduit, pipes, or fixtures lies partially within and partially outside of the Unit, any portion thereof serving only that Unit, shall be a Limited Common Element appurtenant to such Unit and any portion thereof serving more than one Unit or serving any portion of the Common Elements shall be a part of the Common Elements. “Unit” shall also include heating, air conditioning, and ventilation fixtures and equipment serving only that Unit and any hot water heater serving only that Unit whether such equipment is wholly within, partially within, or completely outside of the Unit Boundaries. ARTICLE III. COMMON INTEREST COMMUNITY Section 1: Name. The name of the Common Interest Community is Fall River Village Association. Section 2: Association. The name of the Association is Fall River Village Association, Inc. Section 3: County. The name of every county in which any part of the Common Interest Community is situated is Larimer County, Colorado. Section 5: Legal Description. A legal description of the Real Estate included within the Common Interest Community is set forth in Exhibit A attached hereto, excluding, however, the Streets. Section 6: Maximum Number of Lots and Units. The maximum number of Lots and Units that may be created within the Common Interest Community is 18 Lots and 25 Units. Section 7: Boundaries of Lots. The boundaries of each Lot are located as shown on the Plat. Section 8: Identification of Lots. The identification number of each Lot is shown on the Plat. Section 9: Subdivision of Lots and Units. Neither a Lot nor a Unit may be subdivided into two (2) or more Lots or Units. 4-27-26 Section 10: Allocated Interests. The Common Expense Liability shall be allocated among the Units based on the number of square feet within the Unit, and votes in the Association shall be allocated equally among the Units, one (1) vote for each Unit. Section 11: Recording Data. All easements and licenses to which the Common Interest Community is presently subject are set forth on the Plat. In addition, the Common Interest Community is subject to other easements or licenses granted by the Declarant pursuant to the terms of this Declaration. Section 13: Common Elements. The Common Elements consist of the entire Common Interest Community except the Units and the Streets, but specifically including the Fire Suppression System. No Common Elements may be conveyed to any person or entity other than the Owners. ARTICLE IV. ASSOCIATION Section 1: Membership. Every Owner of a Lot shall be a Member of the Association. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of the Lot. ownership of a Lot shall be the sole qualification for membership. In the event a Lot is owned by two or more Persons, all such Owners shall be jointly and severally liable for performance of and compliance with all of the terms, covenants, conditions, and restriction contained in this Declaration and the Governing Documents. Section 2: Nonprofit. The Association does not contemplate pecuniary gain or profit to the Members and the specific purposes for which it is formed are as follows: (a) to operate the Common Interest Community; (b) to promote the health, safety, welfare, and common interests of the Owners of Units; and (c) to do any and all permitted acts, and to have and exercise any and all powers, rights, and privileges which are granted to Association under the laws of the State of Colorado, this Declaration, and the Governing Documents. Section 3: Voting Rights and Assignment of Votes. The Owner(s) of each Unit shall have one (1) vote on all matters submitted to the Members for approval. The effective date for assigning votes to Units created pursuant to this Declaration shall be the date on which this Declaration is recorded in the Clerk and Recorder’s Office. Section 4: Powers and Authority. The Association shall have all of the powers, authority, and duties necessary to manage the business and affairs of the Common Interest Community. Section 5: Powers of the Board. The Board shall act in all instances on behalf of the Association. The Board shall have, subject to the limitations contained in this Declaration and the Acts, all of the powers and duties necessary for the administration of the affairs of the Association and the Common Interest Community, which shall include, by example and not limitation, the following: a) Adopt and amend Bylaws. 4-27-26 b) Adopt and amend Rules, Regulations, Policies, and Procedures, including by example and not limitation rules and regulations governing use of the Common Elements and policies for collection of unpaid Assessments, enforcement of violations of this Declaration, and/or the Governing Documents, and inspection and copying of Association records. c) Adopt and amend budgets for revenues, expenditures, and reserves. d) Collect General Common Expense Assessments from Owners. e) Hire and discharge Managers. f) Hire and discharge independent contractors, employees, and agents, other than Managers. g) Institute, defend, or intervene in litigation or administrative proceedings affecting the Association or seek injunctive relief for violation of this Declaration or the Governing Documents in the Association's name and on behalf of the Association. h) Make contracts and incur liabilities, including but not limited to the Street Agreement. i) Acquire, hold, encumber, and convey in the Association's name, any right, title, or interest in or to real or personal property. j) Impose a reasonable charge for late payment of General Common Expense Assessments and levy a reasonable fine for violation of this Declaration or the Governing Documents. k) Impose a reasonable charge for the preparation and recordation of supplements or amendments to this Declaration and for statements of unpaid Assessments. l) Provide for the indemnification of the Directors, Officers, and Committee Members and maintain directors' and officers' liability insurance. m) Assign the Association's right to future income, including the right to receive General Common Expense Assessments, but only upon the affirmative vote or agreement of the Owners of Units to which at least 70% of the votes are allocated. n) Grant easements to Governmental Authorities over, under, across, upon, and through the Common Elements as necessary to serve the Common Interest Community. o) Exercise any other powers conferred by this Declaration and the Governing Documents. p) Exercise any other power that may be exercised in the State of Colorado by a legal entity of the same type as the Association. 4-27-26 q) Exercise any other power necessary and proper for the governance and operation of the Association. r) By resolution, establish permanent and standing Committees consisting of one or more Directors and such additional Members to perform any of the above functions under specifically delegated administrative standards as designated in the resolution establishing the Committee. All Committees established by the Board shall maintain and publish notice of their actions to Owners and Directors. Actions taken by any Committee may be appealed to the Board by any Owner within 30 days of publication of a notice of a decision of the Committee. If an appeal is made, the Committee's action must be ratified, modified, or rejected by the Board at its next regular meeting. Section 6: Budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall mail, by ordinary first class mail, or otherwise deliver, a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at such meeting a majority of all Owners (not just a majority of Owners present at the meeting) reject the budget, the budget is ratified whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 7: Reserve Account. The Association shall establish and maintain a Reserve Account based on a reserve study to be performed periodically but no less frequently than every five (5) years. ARTICLE V. ASSESSMENT FOR GENERAL COMMON EXPENSES Section 1: Obligation of Owners for General Common Expenses. The Declarant, for each Lot owned, hereby covenants, and each Owner of any Unit by acceptance of a deed to a Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the General Common Expense Assessments imposed by the Association. Such Assessments, including fees, charges, late charges, attorney's fees, fines, and interest, charged by the Association shall be the obligation of the Owner at the time the Assessment or other charges become due. If a Lot is owned by two or more Persons, all of the Owners of the Lot shall be jointly and severally liable for all Assessments made against the Lot. The obligation an Owner to pay any past-due sums due the Association shall not pass to a successor in title unless expressly assumed by such successor. Section 2: Amount of Assessment. The amount of the Assessment for the estimated General Common Expenses that must be paid by the Owner of each Lot shall be determined by dividing the total estimated General Common Expenses by a fraction the numerator of which shall be the square footage within the Unit(s) on the Lot and the denominator of which shall be the total number of square feet within all Units within the Common Interest Community. 4-27-26 Section 3: Date of Commencement of Annual Assessments; Due Dates. Annual Assessments shall commence as to all Lots on the first day of the month following the recording of this Declaration in the Clerk and Recorder’s records. The first annual Assessment shall be adjusted according to the number of months remaining in the calendar year. Written notice of the annual Assessment shall be sent to every Owner subject thereto. The Board may, at its discretion, permit annual Assessments to be payable in equal monthly or quarterly installments. Section 4: Owner's Negligence. Notwithstanding anything to the contrary contained in this Declaration in the event that the need for maintenance or repair of the Common Elements is caused by the willful or negligent act, omission, or misconduct of any Owner or by the willful or negligent act, omission, or misconduct of any member of such Owner's family or by a guest, invitee, employee, agent, contractor, or subcontractor of such Owner or any tenant or member of a tenant's family, the costs of such repair and maintenance shall be the obligation of such Owner, and any costs, expenses, and fees incurred by the Association for such maintenance, repair, or reconstruction shall be added to and become part of the Assessment to which such Owner's Lot is subject and shall be a lien against such Owner's Lot as provided in this Declaration. A determination of the willful or negligent act, omission, or misconduct of any Owner or any member of an Owner's family or a guest, invitee, employee, agent, contractor, or subcontractor of any Owner or tenant or member of a tenant's family and the amount of the Owner's liability therefore shall be determined by the Board after notice to the Owner and the right to be heard before the Board in connection therewith. ARTICLE VI. LIEN FOR NONPAYMENT OF GENERAL COMMON EXPENSES Section 1: Lien. All Assessments made or imposed by the Association against a Lot and the Owner of the Lot shall be a continuing lien upon the Lot upon which the Lot against which such Assessments are made or imposed is located. A lien under this Section is prior to all other liens and encumbrances on a Lot, except: (1) liens and encumbrances recorded before the recordation of this Declaration; (2) a First Security Interest in the Lot recorded before the date on which the General Common Expense Assessment sought to be enforced became delinquent; and (3) liens for real estate taxes and other governmental Assessments or charges against the Lot. This Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Lot shall not affect the Association's lien. If the Assessments are payable in installments, each installment is a lien form the time it becomes due. Recording of this Declaration constitutes record notice and perfection of the lien. No further recordation of any claim or notice of lien for Assessments is required. Section 2: Interest, Late Fees, Costs and Attorney’s Fees. Any Assessment provided for in this Declaration or any monthly or other installment thereof which is not fully paid within thirty (30) days after the date due shall bear interest at a rate determined by the Board. In addition, the Board may assess a late charge thereon. Any Owner who fails to pay any Assessment shall also be obligated to pay the Association, on demand, all costs and expenses incurred by the Association, including reasonable attorney's fees, in attempting to collect the delinquent amount. The total amount due to the Association shall constitute a lien on the defaulting Owner's Lot. The Association may bring an action, at law or in equity, or both, against any Owner obligated to pay any amount due to the Association or any monthly or other installment thereof and may also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the 4-27-26 Association against a delinquent Owner to recover a money judgment for unpaid amounts due to the Association or monthly or other installments thereof may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien. Section 3: Limitation of Lien. A lien for Assessments shall remain valid and enforceable for a period of 6 years after the Assessment becomes due. Section 4: Appointment of Receiver. In any action by the Association to collect Assessments or to foreclose a lien for unpaid Assessments, the Court may appoint a receiver for the Owner to collect all sums alleged to be due from the Owner prior to or during the pending action. The Court may order the receiver to pay any sums held by the receiver to the Association during the pending action to the extent of the Association’s Assessments. Section 5: Foreclosure. The Association’s lien for unpaid Assessments may be foreclosed in like manner as a mortgage against real estate. ARTICLE VII. RESTRICTION ON USE Section 1: Exterior Improvements. No exterior additions to, exterior alterations of, or exterior decoration of a Building, a Lot, a Unit, or the Common Elements shall be made unless approved in writing by the Board. Without limiting the generality of the foregoing, nothing shall be kept or stored within or upon the Lots or Common Elements and nothing shall be placed on or in the windows or doors of a Unit which create an unsightly appearance from the exterior of such Units. Section 2: Violation of Laws. Nothing shall be done or kept in any Unit, on a Lot, or on the Common Elements, or any part thereof, which would be in violation of any Law. A violation of any Law, including but not limited to violation of the Town Municipal Code or the Town Development Code, shall be a violation of this Declaration. Section 3: Damage to Common Elements. No damage to the Common Elements, or any part thereof, shall be committed by an Owner or any agent, employee, guest, or invitee of an Owner, and each Owner shall indemnify, hold harmless, and reimburse the Association and all other Owners from and against all loss, cost, expense and liability arising out of, as a result of, or in connection with any and all damage caused by such Owner, his agents, employees, guests, or invitees. Section 4: Nuisance. No noxious or offensive activity shall be conducted within any Unit, on any Lot, or on the Common Elements which unreasonably interferes with the then existing use of any other Unit. No activity shall be conducted within any Unit, on a Lot, or on the Common Elements which is or might be unsafe, unsightly, unhealthy, or hazardous to any person. Section 5: Use. All Units shall be used solely for residential purposes, except the Units Located on Lots 12 and 18 which may be used for offices, Home-Based Child Care, and other business or commercial uses as permitted by applicable Laws. Home Occupations shall be permitted subject to compliance with Section 5.2.B.2.d(1) of the Estes Park Code pertaining to 4-27-26 Home Occupations as it may be amended. Without limiting the generality of the foregoing, Home Occupations must comply with the following restrictions: a) Home Occupations must be approved by the Board. b) A Home Occupation shall not exceed twenty percent (20%) of the floor area of the Unit in which the Home Occupation is located, excluding garage space. This size/area requirement does not apply to Home-Based Child Care. c) No one other than a resident of the Unit shall be employed on site, report to work at the site, or pick up supplies or products on site in the conduct of a Home Occupation. This prohibition also applies to independent contractors. Home-Based Child Care shall be exempt from this requirement. d) There shall be no stock-in-trade other than products fabricated by artists and artisans. e) A Home Occupation shall be conducted entirely within a Unit and not within a parking area. Outdoor play areas are permitted in conjunction with Home-Based Child Care. All loose play items, such as toys and games, shall be stored inside at the close of business each day. f) Vehicle or equipment sales, rentals, or repairs shall not be conducted as a Home Occupation. g) Personal and professional services must be provided on an appointment-only basis. h) No Home Occupation shall include a sales room open to the general public, and no articles shall be exhibited, offered for sale, or sold within the Unit except by prior appointment. i) There shall be no advertising of the address of the Home Occupation that results in attracting persons to the Unit. j) There shall be no electrical or mechanical equipment not normally found in a residential structure added to the Unit to accommodate the Home Occupation. The Association may adopt additional Rules and Regulations further restricting the use of the Units. Section 6: Signs. No signs shall be installed or permitted to remain on the exterior of any Lot, Building, or Unit or on the interior of a Unit if such sign is visible from the exterior of the Unit unless such sign is approved in writing in advance by the Board. No sign shall be installed on the Common Elements without the prior, written approval of the Board. One (1) for sale or for rent sign may be placed on a Lot or in the window of a Unit to be visible from the exterior of the Unit. 4-27-26 Section 7: Antennae and Satellite Dishes. No antennae or satellite dishes shall be installed on the roof of a Building, the exterior of any Unit, or the Common Elements without the prior, written approval of the Board. Section 8: Restrictions on Leasing. All leases made and entered into by an Owner after the recording of this Declaration shall be in writing and shall provide that the tenant shall comply in all respects with all of the provisions of this Declaration and the Governing Documents, and that any failure by the tenant to comply with the terms and provisions of this Declaration or the Governing Documents shall be a default under the lease. The Board may require information forms to be completed and security deposits to be made by tenants. Copies of all leases made and entered into by an Owner after the recording of this Declaration shall be provided to the Board prior to commencement of occupancy by the tenant if requested by the Board. The Board may require the insertion of particular provisions in any lease made and entered into by an Owner after the recording of this Declaration. After notice and an opportunity for hearing, the Board may require an Owner to evict any tenant whose lease was made and entered into by an Owner after the recording of this Declaration and who has violated any provision of this Declaration or the Governing Documents and if the Owner fails to commence eviction proceedings with the appropriate court within 30 days after the decision of the Board, then the Board shall have the right, but not the obligation, to evict the Tenant and assess the cost as a special assessment against the Unit and the Owner. ARTICLE VIII. ALTERATION OF UNITS; EASEMENTS FOR ENCROACHMENTS Section 1: Party Walls. An easement shall be and is hereby established on the Lots for all Party Walls. To the extent not inconsistent with the provisions of this Declaration, the general rules of law in Colorado regarding Party Walls and liability for property damage due to negligence or willful acts or omissions shall apply to the Party Walls. Each Owner shall be responsible for the reasonable maintenance and care of that portion of a Party Wall located on such Owner’s Property. No Owner shall undertake any work on such Owner’s Lot if such work would jeopardize the soundness or safety of the Party Wall, reduce the value thereof, or impair this Party Wall Easement without the consent of the other Owner. If a Party Wall is destroyed or damaged by fire or other casualty, either Owner may restore the Party Wall, and the other Owner shall contribute such Owner’s proportionate share of the cost of such restoration. Restoration of the damaged Party Wall shall be to substantially the same condition as existed prior to the damage. Nothing herein contained shall prejudice the right of either Owner to require a larger contribution from the other Owner based upon the negligence or willful acts or omissions of such Owner, or such Owner’s family members, tenants, guests, or invitees. An Owner may act without obtaining prior consent of the other Owner in emergency situations. After acquiring an adjoining Unit, an Owner may remove or alter any intervening Party Wall or create openings or apertures therein, if such acts do not impair the structural integrity, electrical or mechanical systems, or lessen the support of any portion of the Building. Removal of a Party Wall under this Section is not an alteration or relocation of Lot boundaries. Notwithstanding the combination of two Units, the resulting Unit shall nonetheless continue to be considered two Units for Voting purposes. Section 2: Alteration of Units. An Owner may make any improvements or alterations to the interior of such Owner’s Unit that do not impair the structural integrity, the electrical or 4-27-26 mechanical systems, or lessen the support of any portion of the Building. Section 3: Encroachments. A valid easement shall exist for the following encroachments and for the maintenance of the same: (a) in the event that any portion of a Unit encroaches upon any adjacent Lot or Lots; or (b) in the event that any portion of a Unit encroaches upon the Common Elements; or (c) in the event any encroachment shall occur in the future as a result of settling of a Building or repair or restoration of the Building or an adjacent Unit after damage by fire or other casualty or condemnation or eminent domain proceedings. In the event that any one or more of the Units or a Building are partially or totally destroyed and are then rebuilt or reconstructed in substantially the same location, and as a result of such rebuilding, any portion thereof shall encroach as provided in the preceding sentence, a valid easement for such encroachment shall exist. Such encroachments and easements shall not be considered or determined to be encumbrances, either on the Common Elements or on the Lots, for purposes of marketability of title or other purposes. In interpreting any and all provisions of this Declaration, subsequent deeds to, and/or mortgages of Lots, the actual location of a Unit shall be deemed conclusively to be the property intended to be conveyed, reserved, or encumbered, notwithstanding any minor deviations, either horizontally or laterally from the locations of such Units indicated on the Plat. Section 4: Blanket Easement. There is hereby created a blanket easement upon, across, over, and under the Lots for ingress and egress to and from each Unit from the Streets and for installing, replacing, repairing, and maintaining all Common Elements, including the Buildings, the Fire Suppression System, and all utilities such as water, sewer, gas, telephone, electricity, and television. By virtue of this easement, it shall be expressly permissible for the providing of electrical, telephone and/or television wires, circuits, and conduits on, above, across, and under the roof and exterior walls of the Units. No sewer lines, electrical lines, water lines, or other utilities may be installed or relocated on the Real Estate, except as initially installed or as subsequently approved by the Board and for the installation by the Declarant of submetering of the water line for the two Units on Lot 17 and for the Units on Lot 13 and 14. The Association, its officers, agents, employees, and assigns, shall have the right to make such use of the Common Elements as may be reasonably necessary or appropriate to perform the duties and functions which it is obligated or permitted to perform pursuant to this Declaration. Section 5: Emergency Easement. An easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Real Estate in the performance of their duties. Section 6: Fire Suppression System: There is hereby created a blanket easement upon, over, under, across, in, and through the Buildings and all Units for the purpose of installing, replacing, repairing, maintaining, and improving the Fire Suppression System. ARTICLE IX. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION No labor performed or materials furnished and incorporated in a Unit or on a Lot with the consent of or at the request of the Owner thereof, such Owner’s agents, contractors, or subcontractors, shall be the basis for filing a lien against the Unit or Lot of any other Owner not 4-27-26 expressly consenting to or requesting the same or against the Common Elements. Each Owner shall indemnify and hold harmless all other Owners and the Association from and against all liability arising from the claim of any lien against the Unit or Lot of any other Owner or against the Common Elements for construction performed or for labor, materials, services, or other products incorporated in the Owner's Unit or Lot at such Owner's request. Notwithstanding the foregoing, any Mortgagee of a Lot who shall become the Owner of such Lot pursuant to a lawful foreclosure sale or the taking of a deed in lieu of foreclosure shall be under no obligation to indemnify and hold harmless any other Owner or the Association against liability for claims arising prior to the date such Mortgagee becomes an Owner. ARTICLE X. RESERVATION FOR ACCESS, MAINTENANCE, REPAIR, AND EMERGENCIES Section 1: Access to Units. The Association shall have the irrevocable right to be exercised by the Association's Board, Officers, managing agent, employees, and contractors, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the Common Elements, including but not limited to the Fire Suppression System, therein or accessible therefrom or at any hour for making emergency repairs, maintenance, or inspection therein necessary to prevent damage to the Common Elements, including but not limited to the Fire Suppression System, and/or to another Unit. Section 2: Damage to Unit. Damage to the interior or any part of a Unit resulting from the maintenance, repair, emergency repair, or replacement of any of the Common Elements or as a result of emergency repairs within another Unit at the insistence of the Association shall be a General Common Expense; provided, however, that if the damage is caused by the negligent or tortuous acts of an Owner, such Owner’s agents, employees, invitees, or tenants, then such Owner shall be responsible and liable for all of such repair and the cost thereof shall become said Owner's obligation, which shall be timely paid. Said obligation shall be an Assessment against said Owner and such Owner’s Unit and shall be subject to the provisions for collection elsewhere herein provided. All damaged improvements shall be restored substantially to the extent reasonably practical to the same condition in which they existed prior to the damage. All maintenance, repairs, and replacement of the Common Elements, whether located inside or outside of the Units, shall be the General Common Expense of all of the Owners (unless necessitated by the negligence, misuse, or tortuous act of an Owner, in which case such expense may be charged to such Owner). However, the Association shall not be obligated to seek redress for damages caused by a negligent Owner, and this covenant shall not abrogate the insurance provisions of this Declaration. ARTICLE XI. MAINTENANCE RESPONSIBILITY Section 1: Maintenance of the Units. a) For maintenance purposes, an Owner shall maintain and keep in good repair and condition at all times such Owner’s Unit, which shall include by example and not limitation, all improvements within the Unit Boundaries, the windows and Exterior Doors, including window and door casings; the interior non-supporting walls, floors, and ceilings of the Unit; the materials such as, but not limited to, plaster, gypsum drywall, paneling, wallpaper, paint, ceiling, wall and floor tile 4-27-26 and flooring, carpet, and other materials which make up the finished surfaces of the interior of the Unit Boundaries; interior doors; exterior shutters, awnings, window boxes, storm doors, storm windows, patio doors, if any, appurtenant to each Unit; exterior heating, ventilating, or air conditioning fixtures and equipment serving the Unit; and all other fixtures and equipment designated to serve the Unit but located outside of the Unit Boundaries of such Unit. All maintenance, repairs and replacements of Exterior Doors, exterior windows and all other fixtures, equipment and surface materials visible from the exterior of a Unit shall be of substantially the same architectural style, design, color, material, and quality as existed immediately prior to the maintenance, repair or replacement. b) An Owner shall also maintain and keep in good repair at all times all Individual Utilities appurtenant to such Owner’s Unit commencing at the point that the Individual Utilities enter the Unit. An Owner shall not be deemed to own and shall have no obligation to maintain or repair any Common Utilities running through such Owner’s Lot or Unit, which Common Utilities are Common Elements to be maintained by the Association. Common Utilities shall not be disturbed or relocated by an Owner without the prior written consent and approval of the Board. An Owner shall do no act or work that will impair the structural soundness or integrity of the Building in which the Unit is located or impair the proper functioning of the Common Utilities, or impair any easement. Section 2: Maintenance of the Buildings. The Owners of the Lots upon which a Building is located shall have the duty, obligation, and responsibility of maintaining, repairing, restoring, improving, and replacing the Building located on their Lots, except to the extent that an Owner is required to maintain such Owner’s Unit as provided in Section 1 of this Article XI. The costs of maintenance and repair of the Building shall be Limited Common Expenses and shall be allocated among the Owners of the Units within the Building in the same manner as General Common Expenses are allocated, pro rata based on the square footage of each Unit within the Building unless necessitated by the negligence, misuse, or tortuous act of an Owner, in which case such expense may be charged to such Owner). Buildings must be maintained, repaired, restored, improved, and replaced to standards established by the Board. a) Limited Common Expenses. It shall be the duty of each Owner of a Unit within a Building to pay such Owner’s proportionate share of all Limited Common Expenses allocated to such Unit. Unpaid Limited Common Expenses shall bear interest from the date due until paid at the rate of eight percent (8%) per annum. In addition, any Owner who fails to pay such Owner’s proportionate share of the Limited Common Expenses when due (“the Defaulting Owner”) shall be obligated to pay all costs and expenses, including reasonable attorney’s fees, incurred by the non-defaulting Owner(s) of Units within the Building in collecting any delinquent Limited Common Expenses. The total amount due from the Defaulting Owner, including unpaid Limited Common Expenses, interest, costs, and attorney’s fees, shall be a lien on the Defaulting Owner’s Lot which lien may be enforced by the non-defaulting Owners of Units within the Building in the same manner as the lien for General Common Expenses may be enforced as provided in Article VI of this Declaration. b) Right to Maintain. Any Owner of a Unit in a Building shall have the right, but not the obligation, to maintain, repair, renovate, and improve the Building, and shall pay all 4-27-26 costs and expenses incurred as a result of any maintenance, repair, renovation, or improvement of the Building, except to the extent that such costs and expenses are Limited Common Expenses. ARTICLE XII. ADDITIONS, ALTERATIONS, AND IMPROVEMENTS TO GENERAL COMMON ELEMENTS Except for regularly scheduled maintenance, repair, or replacement of the Common Elements and except in the event of an emergency, there shall be no capital additions, alterations, or improvements of or to the Common Elements made by the Association requiring an expenditure in any calendar year in excess of an amount equal to twenty-five percent (25%) of the Association's then-current annual budget except by vote of Owners of Units to which 67% or more of the votes in the Association are allocated who are present in person or by proxy at a meeting called for such purpose at which a quorum is present. The limitations set forth above shall not apply to repair in the event of damage, destruction, or condemnation. ARTICLE XIII. INSURANCE Section 1: Liability Insurance. The Association shall maintain public liability and property damage insurance in such limits as the Board may from time to time determine. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance, and other use of the Common Elements. Said policy shall also contain a “severability of interest” endorsement. Coverage under such policy shall include, without limitation, legal liability of the Association for property damage, bodily injuries, and death of persons in connection with the operation, maintenance, or use of the Common Elements and legal liability arising out of lawsuits related to employment contracts of the Association. If required by a first Mortgagee or an insurer or guarantor of a first mortgage, such insurance shall also include protection against such other risks as are customarily covered with respect to s similar in construction, location, and use. Section 2: Worker's Compensation Insurance. The Association shall maintain worker's compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law. Section 3: Officers' and Directors' Insurance. To the extent such insurance can be obtained at reasonable cost, the Association shall maintain blanket fidelity bonds for all officers, directors, and employees of the Association and all other persons handling or responsible for funds of or administered by the Association. If the managing agent has the responsibility for handling or administering funds of the Association, the managing agent shall be required to maintain fidelity bond coverage for its officers, employees, and agents handling or responsible for funds of or administered on behalf of the Association. Such fidelity bonds shall name the Association as an obligee and shall be in such amount as may be determined by the Board. Such bonds shall contain waivers by the issuers thereof of all defenses based upon the exclusion of persons serving without compensation from the definition of employees or similar terms or expressions. The premiums on all bonds required hereunder, except those maintained by the managing agent, shall be paid by the Association as a General Common Expense. 4-27-26 ARTICLE XIV. AMENDMENT Section 1: Amendment by Declarant. The Declarant may amend this Declaration without the consent or approval of the Owners or Mortgagees to correct clerical, typographical, or technical errors; to comply with applicable Laws; or to comply with technical requirements, standards, or guidelines of recognized secondary lenders. Section 2: Amendment by Association. This Declaration may be amended or terminated by vote or agreement of Owners of Units to which 67% or more of the votes in the Association are allocated. Amendments to this Declaration shall be prepared, executed, recorded, and certified on behalf of the Association by any Officer of the Association designated for that purpose or, in the absence of such designation, by the president of the Association. The expenses associated with preparing and recording an amendment to this Declaration shall be a General Common Expense. No action to challenge the validity of an amendment to this Declaration may be brought more than one (1) year after the amendment is recorded. ARTICLE XVI. GENERAL PROVISIONS Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate proceedings at law or in equity against those persons or entities violating or attempting to violate any covenant, condition, or restriction herein contained. Such judicial proceeding shall be for the purpose of removing a violation, restraining a future violation, for recovery of damages for any violation, or for such other and further relief as may be available. Such judicial proceedings may be prosecuted by an Owner or by the Association. In the event it becomes necessary to commence an action to enforce this Declaration, the court must award to the party that substantially prevails in such litigation, in addition to such damages as the Court may deem just and proper, an amount equal to the court costs and reasonable attorney's fees incurred by the party that substantially prevails in such litigation. The failure to enforce or to cause the abatement of any violation of this Declaration shall not preclude or prevent the enforcement thereof or of a further or continued violation, whether such violation shall be of the same or of a different provision of this Declaration. Section 2: Duration. this Declaration shall run with the land, shall be binding upon all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect in perpetuity unless amended or terminated as provided herein. Section 3: Management of the Common Areas. The Association may obtain and pay for the services of a managing agent to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper management, operation, and maintenance of the Common Elements; provided, however, that any contract in regard to the hiring or employing of such a managing agent or other personnel shall not be for a term in excess of three (3) years and shall provide that the same shall terminate on sixty (60) days' written notice, with or without cause, and without payment of any termination fee. Section 4: Conflict. In the event of any conflict between the terms and provisions of the Acts and the terms and provisions of this Declaration, the terms and provisions of the Acts shall 4-27-26 control. In the event of any conflict between the terms and provisions of this Declaration and the terms and provisions of any other Governing Document, the terms and provisions of this Declaration shall control. Section 5: Time. In computing any period of time prescribed or allowed by this Declaration, the date of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday as declared by a Governmental Authority. For purposes of this Declaration, a day shall end at 5:00 P.M. Section 6. No Right of Action Against the Association or Board. No person shall obtain by virtue of this Declaration any right or cause of action against the Association or the Board arising as a result of the enforcement or lack of enforcement of this Declaration. Section 7. Disclaimer Regarding Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Common Interest Community that are designed to make occupying the Common Interest Community more secure than it otherwise might be. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security within or around the Common Interest Community, nor shall any of them be held liable for any loss or damage by reason of failure to provide security or by reason of the ineffectiveness of any security measures that might be undertaken. No representation or warranty is made that any fire suppression system, burglar alarm system, or other security system cannot be compromised or circumvented, or that any such systems or security measures undertaken will in any case prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and covenants to inform all of such Owner's tenants, guests, and invitees of the terms of this Section 7. Further, each Owner expressly agrees that he or she assumes all risks of loss or damage to persons and to property resulting from the acts or omissions of third parties. Section 8. Disclaimer Regarding Naturally Occurring Radioactive Material Disclosure And Release. In certain locations above average levels of naturally occurring radioactive material ("NORM") have been detected. Declarant has not made, nor does this Declaration make or contain, any representation or warranty, express or implied, concerning the presence, absence, or level of NORM in the soil beneath or adjacent to the Building. Section 9. Disclaimer Regarding Radon. The United States Environmental Protection Agency (the '"EPA'') has detected elevated levels of naturally occurring radon gas in certain structures throughout Colorado and the EPA has voiced concerns about the possible adverse effects on human health from long term exposure to high levels of radon gas. Neither the Association nor the Declarant is qualified to evaluate all aspects of this very complex and constantly changing issue. Any Owner may conduct such Owner’s own investigation and consult with such experts as the Owner deems appropriate in order to determine the level of radon gas in such Owner’s Unit, and to determine any mitigation the Owner desires to implement at the Owner's sole cost, risk and expense. Owners acknowledge that the Association is under no obligation with respect to the radon gas levels detected in the Owner’s Unit and nothing contained herein shall create or be interpreted as a representation or warranty, express or implied, 4-27-26 concerning the presence or absence of radon in the soils beneath or adjacent to the Buildings. Each Owner hereby releases the Association and the Declarant from any and all liability with respect to the matters discussed in the foregoing disclosure. Section 10. Disclaimer Regarding Mold Related Hazards. The presence of some types of mold may cause health problems in certain individuals. The Owners acknowledge that neither the Declarant nor the Board shall be responsible for the potential or actual existence of mold contamination in a Unit, or any resulting injury. All Owners with concerns about the likelihood of mold in a Unit and the potential impacts of mold are directed to the mold informational pamphlets maintained by the EPA for additional information regarding mold. Section 11. Governmental Immunity. Estes Park Housing Authority is a body corporate and politic organized and existing under the Colorado Housing Authorities Act, its subsidiaries, affiliated entities, managed entities, entities in which it has an ownership interest, departments, boards, commissions, committees, officers, employees, and officials, including but not limited to Declarant, are immune from liability for death of or injury to persons and damage to property for all claims which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant by the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as construed and interpreted by the Colorado Court of Appeals in Martinez v. CSG Redevelopment Partners LLLP, 469 P.3d 491 Colo App 2019). Nothing contained in this Declaration shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the Colorado Governmental Immunity Act. Section 12: Good Faith. All decisions to be made and all actions to be taken pursuant to the terms and provisions of this Declaration and the Governing Documents shall be made and taken Fairly, Reasonably, and in Good Faith. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first above written. FALL RIVER VILLAGE ESTES LLC, a Colorado limited liability company By: Estes Park Housing Authority, a body corporate and politic under the laws of the State of Colorado, its sole member By: Scott L. Moulton, Executive Director STATE OF COLORADO ) ss. COUNTY OF LARIMER ) 4-27-26 The foregoing instrument was acknowledged before me this ____ day of _________, 2026, by Scott L. Moulton, Executive Director of Estes Park Housing Authority, a body corporate and politic under the laws of the State of Colorado, sole member of FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: Notary Public Estes Park Housing Authority Neighborhood Meeting Minutes Date: May 8, 2025 Location: SkyView Event Center, Fall River Village Time: 5:22 PM – 6:25 PM Facilitator: Scott Moulton, Executive Director, EPHA & Peter Levine, Director of Real Estate Development, EPHA Duration: 1 hour 3 minutes 1. Welcome and Introduction Scott Moulton welcomed attendees, noting the purpose of the meeting: to present current plans for Fall River Village and gather neighborhood feedback as part of the subdivision and zoning amendment process required by the Town of Estes Park. 2. Project Overview Workforce Housing Strategy EPHA acquired Fall River Village to create 74 units of long-term workforce housing. The property consists of two parcels: Lower Parcel: 65 two-bedroom units, to remain as workforce rentals at below- market rates. Upper Parcel: Includes one building with 8 one-bedroom units (to remain rentals) and 15 higher-end three- and four-bedroom townhomes. Sale of Market-Rate Townhomes Attachment 8 EPHA plans to sell up to 13 of the upper townhome units at market rate to reduce project debt and enable long-term nancial sustainability. Sales proceeds will reduce debt principal and allow EPHA to maintain affordable rents. Use of Remaining Units One four-bedroom unit may be converted into a child care facility (pending feasibility). The SkyView Event Center space will be repurposed for: EPHA office space (relocating from U.S. Bank building). A reduced-capacity event space (no weddings or late-night events). 3. Financial Structure The project was made feasible by: Proposition 123 funding: $7 million equity investment from the State of Colorado via CHFA. Financing terms: 4.8% interest rate, 100% loan-to-value from NBH Bank. Use of market-rate sales and permitted short-term rental (STR) zoning to maximize value on sales. Rent Limits are based on AMI tiers: 60% AMI (1BR units), 70–80% AMI (2BR), 80% AMI (4BR). Blended AMI for lower parcel must remain under 90% per Prop 123 regulations. No income restrictions, but rents are AMI-tied. Utilities (except sewer, water, trash, grounds) are paid by tenants. 4. Child Care Facility (Proposed) EPHA is exploring conversion of a 4-bedroom unit to a child care facility: Intended to serve infants/toddlers, potentially accommodating ~10 children. Working with child care licensing professionals; no provider selected yet. Outdoor play area, parking, and licensing feasibility still under evaluation. If infeasible, unit may be sold to further reduce project debt. 5. Property Management and Design Subdivision Plan: The project requires replatting to subdivide townhomes into individual lots for sale. A PUD amendment will ensure zoning compliance and long-term use compatibility. Neighborhood meeting is part of the formal pre-application process. HOA/CC&Rs: Covenants, Conditions & Restrictions (CC&Rs) will govern future property standards. A landscape/common area HOA may be layered; EPHA likely to act as manager. Maintenance: Asphalt patching already underway. Siding and exterior maintenance planned. On-site presence (new EPHA office) will enhance accountability. 6. Parking, Traffic, and Safety Parking: Over 80 parking spaces on upper parcel, plus garage parking. Adjustments may be needed for child care pick-up/drop-off zones. Traffic Management: Speeding concerns acknowledged. EPHA plans to install seasonal speed bumps and additional signage. No traffic study required as no new development is planned. 7. Leasing and Occupancy Current leasing Status: Upper parcel: 100% leased for intended rentals. Lower parcel: ~35% leased; limited by deferred maintenance and staffing. Full lease-up expected by end of 2025. Lease terms: Mostly 12-month leases; one six-month lease. Limited short-term lease use planned; seasonal workforce leases possible but capped. Occupant Selection: Waitlist-based application process. Renters ranked preferred units; placement based on preferences and availability. No preferential treatment given; all applicants went through equal screening. 8. Community Questions and Concerns Short-Term Rentals (STRs): STRs are allowed under existing zoning and PUD. EPHA intends to use STR eligibility to maximize sales value. No intent to allow mass investor buy-up; units will be individually marketed. Occupancy Enforcement: State law limits restrictions on occupancy. EPHA leases include guest limits (10–14 days) and require reporting household members. Units are inspected and monitored for lease compliance. Transparency and Accountability: Scott Moulton addressed and denied rumors of favoritism, reduced staff rents, or self-dealing. All staff and applicants followed standard application process. Concerns Over Child Care, Noise, Density: EPHA committed to only pursuing child care use if space meets all licensing and operational needs. No increase in density; development is adaptive reuse only. Event space will have reduced hours and capacity. 9. Town Approval Process Next Steps: Submit application to Town of Estes Park to subdivide property and amend PUD. Application process includes multiple review cycles, Planning Commission hearing, and nal Board of Trustees approval. EPHA aims to submit the application by the end of May 2025. Public Engagement: All standard noticing requirements will be met or exceeded (mailings, signage). Community input welcomed throughout the entitlement process. 10. Closing Scott Moulton thanked attendees. EPHA staff remained available for follow-up questions. Meeting adjourned at approximately 6:25 PM. Fall River Village II Preliminary Plat Planning Commission May 19, 2026 Presentation Provided at Meeting 2026-07-28 Vicinity Map W ELKHORN AVE W WONDERVIEW DR Site Map Subject Property Lower Property Not Included Proposal Proposal Lot 1 Lot 12 Lot 17 Advantages Lots. PUD states Accommodations (A) Zoning standards apply Minimum lot size 40,000 square feet; All proposed lots are less than 40,000 square feet. Section 10.5.H.7 allows the decision maker to approve townhome lots smaller than required by the zoning district, which is requested with this application. Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. The PUD application seeks a waiver to minimum lot size for these lots, and if approved, the proposed lots will be consistent with the PUD. Advantages Setbacks. Townhome projects are not required to comply with setbacks for properties internal to the project Lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. The PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. Advantages Density. No new units are proposed. As such, the density of the subdivision is compliant with the existing PUD and the proposed PUD amendment. Relationship to Comprehensive Plan. Subdividing the property should have little to no impact on the character of the area but will support the housing goals in Comprehensive. Geologic and Wildfire Hazard Areas. Located outside all mapped geologic hazard areas Partially within a mapped high-tree wildfire hazard area No additional wildfire requirements apply at this time. However, like all of Town, any future remodels or redevelopment over certain thresholds will be subject to the Colorado Wildfire Resiliency Code. Advantages Utilities and Services. Power and Communications, Estes Valley Fire Protection District, and Estes Park Sanitation District have reviewed and expressed no objections to the proposed subdivision. Water Division: Concerns addressed regarding shared water service lines Shared lines typically not allowed due to potential complications with maintenance and billing. Lots 13 and 14 share a water meter and service line Applicant will install a submeter to determine water usage of each unit and dedicate easements to ensure appropriate access for maintenance. Advantages Orientation of Land Uses. The proposed subdivision will not alter the orientation of land uses. Improvements. No new public improvements are necessary to serve the development. Compliance with Zoning Development Standards. Standards on minimizing land, wildlife, and vegetation disturbance and maximizing open space are not applicable since no new development is proposed Limits of Disturbance. N/A Advantages Sidewalks, Pedestrian Connections and Trails. PUD requests waiver to requirement for a sidewalk along Far View Drive and/or the internal access road connecting. A sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. Wildlife Habitat Protection. N/A Advantages Building Code. Subdividing the property creates different building code requirements and occupancy classifications compared to how the buildings were originally constructed. Building code analysis: Lots 2-3, 4-6, 7-9, 10-11, 15-16 lack the required fire separation in the attics. To become compliant, additional drywall will need to be installed in the attics. Lots 13-14 lack required fire separation and require installation of a fire sprinkler system. Additionally, a 6’ wide setback/building envelope in the outlot directly west of the west property line needs to be platted to provide emergency egress from Lot 13. Staff recommends condition of approval that the above items are completed, inspected, and approved prior to recording of the subdivision plat. Disadvantages None Identified Action Recommended Staff recommends Planning Commission forward to Town Board a recommendation to approve the combined Preliminary/Final PUD Plan, subject to the following findings and conditions of approval: Findings: The Planning Commission is the recommending body for the combined Preliminary/Final PUD Plan. The Town of Estes Park Board of Trustees is the decision-making body for the combined Preliminary/Final PUD Plan. This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. The combined Preliminary/Final PUD Plan application complies with applicable standards set forth in the Estes Park Development Code. Conditions: Parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. Finance/Resource Impact The PUD will have little no impact on Town finances or resources. Public Interest Written notice mailed to adjacent property owners on May 1, 2026. Legal notice published in the Estes Park Trail-Gazette on May 1, 2026. Signs posted on property by applicant. Sample Motions I move to forward to Town Board a recommendation of approval for the combined Preliminary/Final Planned Unit Development Plan according to the findings and conditions recommended by Staff. I move to forward to Town Board a recommendation of denial for the combined Preliminary/Final Planned Unit Development Plan, finding that … [state findings for denial]. 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: Paul Hornbeck, Senior Planner Department: Community Development Date: July 28, 2026 Subject: Resolution 89-26 Fall River Village II Final Plat, Estes Park Housing Authority, Owner/ Applicant Type: Public Hearing, Land Use, Quasi-Judicial Objective: Conduct a public hearing to consider an application for a Final Subdivision Plat and approve or deny the application. Present Situation: Estes Park Development Code Section 3.2 requires subdivisions be reviewed first as a preliminary plat and then as a final plat. Planning Commission reviews the preliminary plat and makes a recommendation to the Town Board, who is the final decision-making body. The final plat is reviewed and either approved or denied by the Town Board only. Preliminary and final plats are usually considered by Town Board at separate meetings. However, given the nature of this subdivision not entailing any new development, the preliminary and final plat are being reviewed at the same meeting as separate agenda items. The subject property is approximately 3.8 acres in size and contains 24 units and an event facility. The development was used for short-term overnight accommodations and events until its sale in 2024 to the Estes Park Housing Authority (EPHA). EPHA subsequently began leasing units to members of the workforce, with longer term plans to subdivide the property to allow the sale of some units in order to facilitate below- market rental rates for other units. Other plans for the property include establishing a daycare, converting portions of the event facility to an office for EPHA and storage areas for residents and EPHA, and continued use of the remaining portion of event facility for events. Proposal: The 24 existing units and event facility are proposed to be subdivided into 14 townhome lots, one 8-plex lot, one duplex lot, and one lot for the event facility/office. A concurrent PUD amendment is necessary to address non-conforming situations that would result from the subdivision and make minor changes to allowed uses. Advantages: The application complies with the relevant standards and criteria set forth below and with other applicable provisions of the Code. In accordance with Code section 3.9.E Standards for Review”, all subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, "Subdivision Standards," and all other applicable provisions of the Code. 1. Lots. The existing PUD states the property’s Commercial Outlying zoning shall be treated as Accommodations (A) Zoning. The minimum lot size in the A zone is 40,000 square feet; however, all proposed lots are less than 40,000 square feet. Estes Park Development Code (EPDC) Section 10.5.H.7 allows the decision maker to approve townhome lots smaller than required by the zoning district, which is requested with this application. However, Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. As such, the PUD application seeks a waiver to minimum lot size for these lots, and if approved, the proposed lots will be consistent with the PUD. 2. Setbacks. Subdividing the current single lot in multiple lots will result in different building setbacks. Townhome projects are not required to comply with setbacks for properties internal to the project per EPDC Section 10.5.H.7.d. However, lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. The PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. 3. Density. No new units are proposed. As such, the density of the subdivision is compliant with the existing PUD and the proposed PUD amendment. 4. Relationship to Comprehensive Plan. As an existing development, subdividing the property should have little to no impact on the character of the area but will support the housing goals in Comprehensive. 5. Geologic and Wildfire Hazard Areas. The property is outside all mapped geologic hazard areas but lies partially within a mapped high-tree wildfire hazard area. As an existing development, no additional wildfire requirements apply at this time. However, like all of Town, any future remodels or redevelopment over certain thresholds will be subject to the Colorado Wildfire Resiliency Code. 6. Utilities and Services. Power and Communications, Estes Valley Fire Protection District, and Estes Park Sanitation District have reviewed and expressed no objections to the proposed subdivision. The Water Division supports the application based on modifications made by the applicant to address concerns about shared water service lines, which are typically not allowed due to potential complications with maintenance and billing. Lots 13 and 14 share a water meter and service line, which runs through Lot 14 to serve Lot 13. To address these concerns, the applicant will install a submeter to determine water usage of each unit and dedicate easements to ensure appropriate access for maintenance. The draft covenants, conditions, and restrictions (Attachment #6) establish these easements and related access requirements and address installation of the submeter. 7. Orientation of Land Uses. The proposed subdivision will not alter the orientation of land uses. 8. Improvements. No new public improvements are necessary to serve the development. 9. Compliance with Zoning Development Standards. The Code requires the layout of lots, driveways, utilities, drainage facilities be designed in a manner that minimizes the land disturbance, maximizes the amount of open space in the development, and preserves existing trees/vegetation and wildlife habitat. Since no new development is proposed, this section is not applicable. 10. Limits of Disturbance. The Code requires that limits of disturbance (LOD) be established with the subdivision of land. Since no new development is proposed, this section is not applicable. 11. Streets. As an existing development, no new street improvements are warranted. 12. Sidewalks, Pedestrian Connections and Trails. An existing sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. Public Works has determined no additional sidewalks or connections are required. 13. Wildlife Habitat Protection. With no new development proposed, wildlife habitat protection is not applicable. 14. Building Code. Subdividing the property creates different building code requirements and occupancy classifications compared to how the buildings were originally constructed. The applicant’s architect has provided a building code analysis, which concludes various improvements are required make the buildings conforming with the building code upon the subdivision. The Town’s Building Division has reviewed the code analysis and agrees with the findings, which include: a. Lots 2-3, 4-6, 7-9, 10-11, 15-16 lack the required fire separation in the attics. To become compliant, additional drywall will need to be installed in the attics. b. Lots 13-14 lack required fire separation and require installation of a fire sprinkler system. Additionally, a 6’ wide setback/building envelope in the outlot directly west of the west property line needs to be platted to provide emergency egress from Lot 13. To address these life-safety items staff recommends, and the applicant has agreed to, a condition of approval that the above items are completed, inspected, and approved prior to recording of the subdivision plat. EPDC requires the subdivision plat be recorded within 180 days of Town Board approval. Disadvantages: Since the application complies with relevant review criteria, no disadvantages have been identified. Action Recommended: Staff recommends Town Board approve the final plat, subject to the following condition of approval: 1. All recommendations identified in the building code analysis (Attachment #4) shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. Finance/Resource Impact: The subdivision will have little no impact on Town finances or resources. Level of Public Interest: Staff anticipates a moderate level of public interest; however, as of this writing no public comments have been received on this application. Any comments received will be posted to http://www.estes.org/currentapplications. In accordance with the notice requirements in the Code, notice of this hearing was published in the Estes Park Trail-Gazette, on July 10, 2026. Notice was mailed to all required adjacent property owners on July 10, 2026. A sign was posted on the property by the applicant. Sample Motion: 1. I move for the approval/denial of Resolution 89-26. Attachments: 1. Resolution 2. Statement of Intent 3. Final Plat 4. Building Code Analysis 5. Draft Street Maintenance and Use Agreement 6. Draft Covenants, Conditions, And Restrictions RESOLUTION 89-26 A RESOLUTION APPROVING THE FALL RIVER VILLAGE II FINAL PLAT WHEREAS, an application for the Fall River Village II Final Plat was filed by Estes Park Housing Authority (Applicant); and WHEREAS, the Fall River Village II Preliminary Plat proposes subdivision of a 3.8 acre property to create seventeen (17) lots and one (1) outlot on land located in a CO (Outlying Commercial) Zoning District with a Planned Unit Development (PUD) zoning overlay; and WHEREAS, a public hearing was held before the Estes Park Board of Trustees on July 28, 2026, at the conclusion of which the Board of Trustees voted to approve the Preliminary Subdivision Plat, with conditions. WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on July 28, 2026 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Fall River Village II Final Plat is hereby approved, subject to the following condition: 1.All recommendations identified in the building code analysis dated February 2, 2026 shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. DATED this 28th day of July, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 ISubmittal Date: 7/30/2025 Type ofApplication 0 Pre-App Development Plan Special Review Q Preliminary Subdivision Plat f») Final Subdivision Plat Q Minor Subdivision Plat 0 Amended Plat ESTES PARK PLANNING DEPARTMENT APPLICATION PLEASE CHECK ONLY ONE BOX 0 Boundary Line Adjustment 0 ROW or Easement Vacation 0 Street Name Change Time 0 Rezoning Petition 0 Annexation Request Extension Other: Please specify Q Condominium Map Q Preliminary Map Final Q Map Supplemental 0 Map Q Variance Request Board of Adjustment) General Information Fall RiverVillageprojectName Subdivide the existing buildings on the parcel, then sell to support below market rents across both parcels I Project Address 775 Riverside Drive ESTES PARK, CO 80517 LDt1,FaltR3verViUageHReEubdivisfoDofLots1-7andoutlotA,FaltRivef VitlageP.U.D and Lot 5A of the Amended plat of lot 5 Sunny Acres Addition Parcel ID # Site Information 3525271001 Lot Size -3.75 Acres Area of Disturbance in Acres -3.75 Acres own Existing Land Use Proposed Land Use Existing Water Service Proposed Water Service Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? Existing Gas Service 1/1 Xcel Existing Zoning CO treated as A CO Treated as A - Prv owner used it as STR and a wedding venue CO Treated as A - Individually owned units, 1 MF building, childcare, office, reduced event space Z]Town D Well D None D Other (specify) Dwell D None EPSD D EPSD D Yes D Other Other (specify) 7] UTSD D Septic Ld UTSD D Septic No None None Proposed Zoning CO treated as A Site Access (if not on public street) Are there wetlands on the site?D Yes 0 No Site staking must be completed as required/requested by the Planner. Primary Contact Information Name of Primary Contact Person Peter Levine Complete Mailing Address Primary Contact Person is 1/1 Owner Attachments D Yes No 363 E Elkhorn Ave #101, Estes Park, CO 80517 Applicant II Consultant/Engineer I[ Application fee Statement of intent II 1 copy (folded) of plat or plan 11"X17"copy of plat or plan 1 Digital Copies of plats/plans in PDF format emailed to planning@estes.org Q Sign Purchase ($10) Please review the Estes Park Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report:, wetlands report, and/or other additional information. Town of Estes Park -s-. P.O. Box 1200 ^ 170 MacGregor Avenue ^ Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 -^ Fax: (970) 586-0249 »?. www.estes.org/CommunityDevelopment Revised 2024-03-11 ks Attachment 2 Contact Information Record Owner(s) FALL RIVER VILLAGE ESTES LLC Mailing Address 363 E Elkhorn Ave #101, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email plevine@estes.org Applicant Peter Levine Mailing Address 363 E Elkhorn Ave #101, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email Plevine@estes.org Consultant/EngineerVan Horn Engineering Mailing Address 1043 Fish Creek Rd, Estes Park, CO 80517 Phone 970-586-9388 Cell Phone Fax Email JOE@vanhornengineering.com APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or view the fee schedule online at www.estes.org/planningforms All requests for refunds must be made in writing. All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION not required for Board of Adjustment) Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT: Fal[ River vil[a§e Estes> LLC Applicant PLEASE PRINT: Estes Park Housing Authority Signatures: Record Owner A^Z^l <^\^/' tfUL Date 7/30/25 Applicant F tLe^L ^A€J/^/I£- Date 7/30/25 Revised 2020.04.23 ks APPLICANT CERTIFICATION I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: lhttD://www.estes.ora/DevCod^ I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC. I understand that I am required to obtain a "Development Proposal" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road, no later than ten business days prior to the public hearing. I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. I grant permission for Town of Estes Park Employees/Planning Commissioners/Board of Adjustment members, with proper identification, access to my property during the review of this application. I understand that full fees will be charged for the resubmittal of an application that has become null and void Names: Record Owner PLEASE PRINT: Falt River Village Estes, LLC Applicant PLEASE PRINT: Estes Park Housing Authority Signatures: Rg^ord Owner Applicant ej/'ue}/(.ru^ e^iVirUL Date 7/30/2025 Date 7/30/2025 For Board of Adjustment applications: failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval may automatically render the decision of the BOA null and void. (EPDC Section 3.6.D) COMMUNITY/ NtlGHBORHOOD MEETINGSCHEDULED FOB THIS PROPERTY 970-577-3721 Revised 2024-03-11 ks Subdivision & PUD Statement of Intent Fall River Village 200 Filbey Ct Estes Park CO 80517 6/30/25 4.Statement of Intent. All applications for a preliminary subdivision plan and nal plat shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 10 and Chapter 7 of this Code. Ord. 18-01 #26) The intent of subdividing this property is to enable sales of the high value 3 and 4 bedroom townhome units to facilitate below market rental rates for the workforce of Estes Park. While this subdivision is only for the upper parcel of Fall River Village, it impacts both the upper and the lower parcel. Currently, the project has too large of a debt payment to be self-sufficient with the rental rates that we have agreed to charge. In order for the property to operate in a sustainable manner, which will enable long term below market rate rents for the Estes Park Workforce, the sales proceeds from the sales of the townhomes will be used to pay down the debt across the project, thereby reducing the ongoing debt payment. Once this plan is executed, the project is projected to turn a small operating prot which will enable long term below market rate rents for the Estes Park Workforce. The risk of not being able to execute this plan will result in a sale of the property or a foreclosure from the bank. Either of these outcomes will strip away any affordability and workforce restrictions that EPHA plans to implement. There is no planned construction taking place as part of this subdivision and amended PUD. Chapter 7 Review 7.1 – Slope Protection Standards A – The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. B-D Not applicable as this is not a new development and we are not planning further construction 7.2 – Grading and site disturbance standards – Not applicable as this is not a new development and we are not planning further construction Attachment 3 7.3 – Tree and Vegetation Protection - Not applicable as this is not a new development and we are not planning further construction 7.4: Public Trails & Private Open Area This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this new PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7.5: Landscaping and Buffers – Not applicable as this is not a new development and we are not planning further construction 7.6 – Wetlands and Stream Corridor Protection – Not applicable as this is not a new development and we are not planning further construction 7.7 – Geologic and wildre hazard A. Applies to this package B. We acknowledge the interpretation C. We acknowledge the description of regulated hazard areas. This is not an area that has rockfall or debris fan geologic hazard according to Estes park GIS map. D. Professional Qualications: We acknowledge the professional qualications required to create a report E. Wildre Hazards. 1.Wildre Hazard Areas. a. “Mapped Wildre Hazards. Wildre hazard areas shall include all those areas shown as "high-tree" re hazard areas on the Wildre Hazards Resource Map in Appendix A.” – The property does not show as a “high-tree” re hazard area on the wildre hazard resource map Unmapped Wildre Hazards. Wildre hazard areas shall also include areas located outside of the mapped wildre hazard areas that are identied by the Colorado State Forest Service or the Larimer County Wildre Safety Specialist, or designee, as hazardous areas” – The Property is not identied as hazardous areas on either of these resources F. Geologic Hazard area: Not applicable as outlined above 7.8 Wildlife Habitat Protection – Not applicable as this is not a new development and we are not planning further construction 7.9 Exterior Lighting – This is not a new development, therefore this review does not apply 7.10 Operational Performance Standards Please see below for the information within this section A. Noise: This project will comply with this noise restriction. There will be an event center on the 3rd oor of the Skyview Commercial space with operating hours outlined in the CC&Rs that will be enforced. B. Operational/Physical Compatibility: We acknowledge the ability to apply additional conditions C. Evidence of Compliances: We acknowledge that the decision making body shall require evidence of ability to comply with appropriate performance standards and mitigation measures as it deems necessary. 7.11 – Off-Street Parking and Loading I am including a sheet below that shows the parking calculations. The project is above the minimum required threshold. 7.12 – Adequate Public Facilities A. We acknowledge the purpose B. This section applies due to subdivision plat C. General Requirements are acknowledged 1. We are providing adequate public facilities for the residents including bbq areas, a spa/hot tub area, and walking paths. We will not be pursuing a building permit. 2. Level of Standards a. The exiting project meets these standards b. We will not be pursuing a building permit 3. Vehicular Access to public streets and private driveways a. Acknowledged and our plans follow this provision b. We have no gated access c. We have no gated access d. Acknowledged D. Sewage Disposal: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the sewage disposal to remail adequate. 2. Criteria for new development: N/A as new development is not occurring E. Water: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the water levels to remail adequate. 2. Criteria for new development: N/A as new development is not occurring F. Drainage/Water Quality Management: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction or adding more impervious surfaces, we expect the drainage & water quality management to remail adequate. 2. Minimum Approval Requirements: We are not planning to pursue a building permit. G. Fire Protection 1. Level of Service The current facility has sufficient re suppression facilities and adequate access to emergency re protection services. 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 3. Minimum Approval Requirements: We are not planning to pursue a building permit. H. Transportation 1. Levels of Service a. There will be no new addition of units, therefore there will not be a signicant adverse impact on existing transportation levels of service, access and vehicular movement on any arterial or collector street or intersection within one-quarter (¼) mile of the site or that any such adverse impact has been mitigated to the maximum extent feasible. 2. Thresholds for Traffic Impact Analysis: Not Applicable I. Electricity 1. Level of Service The current facility has sufficient electrical service to each lot 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 7.13 – Outdoor storage areas, activities, and mechanical equipment – This is not a new development, therefore this section is not applicable 7.14 – Mobile Home Parks – This is not a mobile home park, therefore this section does not apply. 7.15 – Recreational Vehicle (RV) Park/Campground – This is not a RV Park or Campground, therefore this section does not apply. Chapter 10 Review 10.1 - PURPOSES The purposes of this Chapter are to: A. “Provide for the orderly growth and harmonious development of the Estes Valley in accordance with the Estes Valley Comprehensive Plan” -- This project ts this requirement as there is no additional units being constructed, and it is a conversion from hospitality to workforce housing which is a key part of the Estes Valley Comprehensive plan B. “Ensure an adequate and efficient street system” – No additional units are being created, so there are no changes to the street system required C. “Achieve individual property lots of reasonable utility and livability” – The project accomplishes this in the way the lots are platted D. “Secure adequate provisions for water supply, electric service, drainage, sewers and other facilities and services for the health and safety of the residents of the Estes Valley” -- As noted to the response in section 7.12, these facilities and services have adequate provisions E. “Protect sensitive environmental areas and mitigate the impact of development in hazard areas” -- As noted in the response in section 7.7, this parcel does not have sensitive environmental impacts nor hazard areas F. “Ensure adequate provision of open areas” -– No new construction is occurring, therefore we are ensuring adequate provision of open areas 10.2 Applicability/Scope A. General – We acknowledge these provisions B. Minor Subdivisions and Minor Adjustments: The property does not meet the requirements for Minor Subdivisions or Minor Adjustments. 10.3 Review Procedures A. We acknowledge that all subdivisions shall be reviewed in accordance with the procedures set forth in Chapter 3 of the cod B. We acknowledge that or purposes of staff and EVPC review, corners of all lots in a proposed preliminary subdivision plat shall be staked in the eld. In addition, during the preapplication conference, Staff may require the Applicant to identify natural or other site features in the eld. 10.4 Lots A. Lot Dimensions and Conguration: 1.Each of our lots have the size, width, depth, shape, and orientation that is appropriate for the location of the subdivision, and for the type of development and use contemplated. 2. Each townhome lot complies with the standards set forth in the development code. Lot 1, 12, and 18 are not townhome lots. These lots are 14,300+/- sf, 8,600 +/- sf, and 12,300 +/- sf respectively. These lots are addressed in our amended PUD 3. Conrmed 4. Conrmed B. Access: Conrmed C-E. N/A F. Conrmed 10.5 Subdivision Design Standards A. The project complies with the general subdivision standards B. The project is in compliance with zoning requirements and all updated uses are address in the amended PUD C. We are not altering any of the internal or external streets. However we are planning to put small traffic calming measures on the internal road that connects the lower parcel of Fall River with the subject parcel. D. Sidewalks, Pedestrian Connections and Trails 1-3: The project has a sufficient sidewalk and trail network. In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails E. Utility Standards 1. Conrmed 2. Acknowledged 3. Acknowledged, please see response to 7.12.D for additional details 4. Acknowledged 5. Acknowledged and easements are planned to be in place 6. Acknowledged, please see response to 7.12.F for additional details 7. Acknowledged, please see response to 7.12.E for additional details 8. Acknowledged and discussions with the Fire Dept have taken place to conrm that this project will adhere to the Fire Safety Standards. F. Private Open Areas and Trails: In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails G. Vegetation Protection: We are not planning any new construction on this property, therefore all existing vegetation will remain. H. 1-6 This section is applicable to this project as certain lots will be townhome lots 7. The townhome lots in this project are allowed with the applied zoning on the PUD. The project is creating additional outlots for common areas that shall be owned and maintained by the homeowners association. The townhome project complies with the minimum lot size, and the setbacks and lot coverage are of appropriate standards. I. We understand the monument requirements J. There will not be any new construction taking place so this section is N/A. The town has as builts when the property was previously developed K. We do not expect any public improvement requirements as we are not building on this property. PUD Statement of Intent 5. A written statement of how the PUD Plan meets the standards for review, as set forth in §3.4 of this Code. 9.1 - Purposes This project ts the purposes of a PUD outlined in the Estes Park Development code. We are amending this PUD to ensure that the (A) growing demands of the population may be met, (B) Creating a more efficient use of land and public services so that the resulting economies may inure to the benet of those who need homes, and (C) this PUD is well located, preserves the land with no new construction, and provides development of a mixed-use commercial and residential development and promote developments with a mix of commercial and residential uses including attainable, workforce, and employee housing. 9.2 Eligibility The PUD in this district has already been created and contains the underlying CO district. The PUD is eligible based upon both size and building count as the site is more than 2 acres and has more than 5 units. 9.3 PUD Standards A) 1) The PUD is proposing the following uses Townhome ownership with the potential to STR Free storage for workforce housing tenants Office Space Daycare Event Space 2) The PUD largely ts the number of units allowed and density requirements of this PUD. The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. 3) Setbacks and lot coverage – We are not making any adjustments to the setbacks from lot lines abutting a property outside the PUD. Setbacks and lot coverages are compatible with the surrounding area. 4) Building height is not applicable as we are not building any new units 5) The PUD meets off street parking and loading standards 6) This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7) See responses to the code items related to Section 10 listed above B) The amended PUD will create uses that have greater compatibility with the surrounding area than the current use. By repurposing the main space of Skyview, it will no longer be able to operate as a large wedding venue and the hours of operation will be reduced. This will be a benet to neighbors as well as residents of Fall River Village as they will not be subjected to loud music late in the evening. The new use of an office space is compatible with the surrounding uses, and a day care facility will enhance the livability of the surrounding neighborhood as it provides a local childcare option for nearby families. Attachment 4 Fall River Village Sky View Community Building 2021 IEBC/IBC Code Study Use & Occupancy Class -- Chapter 3 Existing Building: 2nd Level (rooftop deck) – A-2 1st Level A-2 Banquet Hall Basement S-1 Storage Proposed Building: 2nd Level (rooftop deck) – A-2 (assembly, no change) 1st Level B - O)ice Basement S-1 Storage & B- O)ice Height & Area Limitations -- Chapter 5 Type V-B building construction Building Area: Use Group: A-2/S-1/B Allowable area: 18,000sf (A-2 most restrictive) Upper Floor: (A-2) 2,575sf Main Floor: (B) 3,270sf Lower Level: (B/S-1) 2,690sf Total: 8,535sf Building Height: 2 Story; +/- 49’ (2 Stories/60’ max allowable)* Due to steep slope, technically 3-stories based on grade plane – building approved as 2- story equivalent by addition of 1hr separation between Basement + Main oor (then S-1/A); not otherwise required. Building meets height and area requirements for most restrictive occupancy (A2) therefore provisions of 508.3 apply – no separation required between A2 + B. Types of Construction -- Chapter 6 Fire-resistive rating: Table 601 - Type V-B All building elements: 0 hrs Fire - Resistive Construction -- Chapter 7 Exterior walls – Revised based on new Proposed Re-Plat North Wall 0hr >10’ (to centerline of drive) South Wall 0hr >10’ West Wall 0hr >10’ ** see below for deck East Wall 0hr > 10’ – property line adjusted on plat West, North & South walls: Unlimited unprotected openings 30’ Attachment 5 East Wall: >10’ UP S - 45% max allowable opening area (max 15% at 3rd oor) Projections – 705.2.3 – Projections within 5-feet of prop line must be non-combustible , re-rated or heavy timber. Property line adjusted so that deck is > 5’ 1hr Shaft enclosure at basement stair + duct chase, supporting construction protected 1hr separation between Basement + Main Floor (see Chap 5 above) Walls in lower level 1hr from inside, supporting walls in crawl not req'd to be rated Shaft enclosures: 1-hour <4 stories: Elevator shaft, basement stair enclosure + duct chase Opening Protectives: Exit access stairway enclosures: 60-minute Interior Finishes - Chapter 8 Flame Spread: A-2: Exits/Corridors: Class B Rooms + spaces: Class C Fire Protection Systems -- Chapter 9 Automatic Sprinkler systems - Full NFPA 13 system provided Fire Alarm: provided Means of Egress - Chapter 10 First Floor -- Community Hall: O)ice: 3,630sf (gross) @ 1/150 = 24 occ's Storage 90sf(gross) @ 1/300 = 1 occ's Total 25 occ’s (1 exit req’d, 2+ provided) Min component egress: 36-inches Second Floor -- Roof Deck: Deck Seating 1,985sf (net) @ 1/15 = 132 occ’s O)ice 215sf (gross)@ 1/150 = 2 occ's Storage: 145sf (gross) @ 1/300 = 1 occ's Total 135 occ’s (2 exits req’d) Total egress width: 135 * 0.2 (stairways) = 27-inches Min component egress: 44-inches Lower Level: O)ice 1,650sf (gross) @ 1/150 = 11 occ’s Storage/Mech. 740sf (gross) @ 1/300 = 3 occ’s 14 occ’s 1 exit req'd/2 provided Accessibility -- Chapter 11 Accessible route from accessible parking provided. Accessible toilet facilities provided Plumbing Systems -- Chapter 29 Change to lesser use – existing facilities more than adequate. IEBC Accessibility – Section 306 Accessible parking, accessible route to all oors (elevator) and toilet facilities provided throughout all primary function areas. Level 1 Alterations (throughout) Building Elements – Section 702 All new nishes to comply with Chapter 8 Level 2 Alterations (lower level new walls) Interior partitions only, no e)ect on life-safety Change of Occupancy (A-2/S to B) Structural 1006 – Existing building designed for 2015 IBC 70psf Snow/175mph Wind Electrical 1007 – No special occupancies Mechanical 1008 – Existing mechanical system adequate Per 1008.1 Code requires new occupancy to comply with IMC if subject to increased mechanical ventilation requirements – A to B would be a decrease 7.5cfm/person to 5cfm/person per Table 403.3.1.1 Plumbing 1009 – Existing plumbing xtures adequate (reduction in occupant load) Drinking fountain – one existing kitchen sink (owner choice) to be provided with cup dispenser Fire protection 1011.2 – Existing re protection systems adequate Means of Egress 1011.5 – Change to lower hazard existing egress adequate for new use) Height and Area 1011.6 – Change to lower hazard (existing acceptable) Exterior Walls 1011.7 – Equal hazard category (existing acceptable) Vertical Shafts 1011.8 – All existing vertical shafts enclosed (1hr) STREET MAINTENANCE AND USE AGREEMENT THIS AGREEMENT is made and entered into this _______ day of ________________, 2025 by and between FALL RIVER VILLAGE ASSOCIATION, INC., a Colorado nonprofit corporation (the “Association”); and FRVT STREETS, LLC, a Colorado limited liability company (the “FRVT”). The Association and FRVT may be referred to individually as a “Party” and together as the “Parties.” DEFINITIONS For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires (a) capitalized terms used in this Agreement shall have the meanings assigned to them where defined parenthetically and/or with quotation marks and shall include the plural as well as the singular; (b) the words “herein,” “hereinabove,” “hereunder,” “hereinafter,” and other words of similar import shall refer to this Agreement as a whole and not to any particular Section; the words “include,” “including,” “includes,” and other words of similar import shall mean “including but not limited to.” In addition to the terms defined parenthetically and/or with quotation marks the following defined terms shall have the meaning herein given: A.“Common Interest Community” shall mean the Real Estate and all improvements now located or subsequently constructed thereon, except the Streets. B.“Covenants” shall mean the Declaration of Covenants, Conditions, and Restrictions for Fall River Village Association recorded in the office of the Clerk and Recorder on 2025, at Reception Number _______________. C.“Entities” shall mean and include corporations, partnerships, limited liability companies, associations, trusts, and any other legal entity. D.“Governmental Authority” shall mean the United States; the State of Colorado; the Town; the County; any political subdivision of any national, state, county, municipal, or regional government; any metropolitan district, special district, or special improvement district within which the Common Interest Community is located; any cooperative electric Association, nonprofit electric corporation or Association, renewable energy provider, gas company, telephone company, mobile communication provider, utility franchise, or governmentally regulated, supervised, or licensed public utility that provides utility service to the Common Interest Community; any other governmental entity, agency, authority, subdivision, or district having jurisdiction over the Common Interest Community; and any federal, state, or municipal court having jurisdiction over the Common Interest Community. E.“Lot” shall mean each Lot as described and designated on the Plat except Outlot A. F.“Occupants” shall mean Persons and Entities occupying or using any portion of a Lot or the improvements on a Lot with the consent of the Owner of the Lot. G.“Owners” shall mean the Persons and Entities having an ownership interest in a Lot. Attachment 6 H. “Plat” shall mean the Plat of Fall River Village Townhomes recorded in the office of the Clerk and Recorder on _______________, 2025, at Reception Number _______________. I. “Real Estate” shall mean the Real Estate described in Exhibit A attached hereto, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance, but excluding the Streets. J. “Rules and Regulations” shall mean rules and regulations adopted by FRVT governing use of the Streets including the parking areas as shown on the Plat. K. Streets” shall mean the existing Private and Emergency Vehicle Access Easements, together with the parking areas, curbs, gutters, and sidewalks immediately adjacent thereto as described and designated on the Plat as “Outlot A” and commonly known as Filbey Court, Sweet Sage Lane, and Sunny Acres Court. L. “Street Maintenance” shall mean all work performed and materials supplied for the maintenance, repair, replacement, restoration, and improvement of the Streets. Recitals A. FRVT is the owner of the Streets within the Common Interest Community. B. FRVT is a wholly owned subsidiary of the Estes Park Housing Authority, a body corporate and politic organized and existing under the Colorado Housing Authorities Act EPHA”). EPHA its subsidiaries, affiliated entities, managed entities, entities in which it has an ownership interest, departments, boards, commissions, committees, officers, employees, and officials, including but not limited to FRVT, are immune from liability for death of or injury to persons and damage to property for all claims which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant by the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as construed and interpreted by the Colorado Court of Appeals in Martinez v. CSG Redevelopment Partners LLLP, 469 P.3d 491 (Colo App 2019). Nothing contained in this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the Colorado Governmental Immunity Act. C. The Owners and Occupants must use the Streets to obtain access to the Lots. D. The Association is willing to reimburse FRVT for the reasonable costs necessarily incurred in connection with the Street Maintenance. E. It is the intent of the Parties that the Streets forever remain private and therefore nothing contained in this Agreement shall be construed to create a public street, public road, public easement, or public right-of-way. NOW THEREFORE for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the Parties agree as follows: 1. Grant of Easement. FRVT hereby grants, bargains, sells, and conveys to the Association a nonexclusive perpetual easement over, across, and upon the Streets for the purpose of providing access and utilities to each Lot for the use and benefit of the Owners and Occupants of the Lots, their heirs, personal representatives, successors, assigns, tenants, subtenants, guests, invitees, and all other Persons having a right to enter upon, use, or occupy a Lot with the express or implied permission of the Owner of the Lot. 2. Rights Reserved by FRVT. a) FRVT hereby expressly excepts and reserves to itself and its successors and assigns a non-exclusive perpetual access and utility easements and rights-of-way over, under, across, and upon the Streets and shall have the right to grant, bargain, sell, and convey easements and rights-of-way over, across, and upon the Streets to purchasers of Lots within the Common Interest Community. b) FRVT shall have the right to grant, bargain, sell, and convey easements and rights-of-way over, under, across, and upon the Streets to any Governmental Authority. 3. Street Maintenance. FRVT shall perform such Street Maintenance as may be necessary or reasonably required to maintain the Streets to a standard comparable to other streets within residential subdivisions within the Town of Estes Park. 4. Reimbursement. The Association shall reimburse FRVT for all costs and expenses incurred by FRVT in performing the Street Maintenance. Any amount due from the Association to FRVT which is not paid within thirty (30) days of the date due shall bear interest from the date due until paid at the rate of eight percent (8%) per annum. 5. FRVT Remedies. In the event of default by the Association in the payment of any amount due to FRVT, FRVT shall have the following remedies, which shall be cumulative and shall not be exclusive of any other rights or remedies which FRVT may have under this Agreement or under applicable law: a) Action Against Association. FRVT shall have the right to commence an action against the Association to collect any amount due to the Association, plus interest, costs, and attorney’s fees. b) Enforce the Association Covenants. FRVT shall have the right, but not the obligation, to exercise any and all rights which the Association may have under the Covenants to collect Assessments directly from Owners, which may include, by example, and not limitation, commencing an action against Owners personally to collect the amount due to FRVT, together with interest, costs, and attorney’s fees and recording and foreclosing a lien against the Lots. The parties hereto acknowledge that the Association has the primary obligation to collect Assessments from Owners and to pay the amount due to FRVT in full. 6. Association Remedies. In the event of default by FRVT in the performance of its obligations under this Agreement, the Association shall have the right to an action for specific performance but not damages. 7. Rules and Regulations. FRVT shall have the right to adopt the Rules and Regulations. FRVT shall provide a copy of the Rules and Regulations to the Association. The Association shall be responsible for giving proper notice of the Rules and Regulations to the Owners. In the event of the violation of any of the Rules and Regulations by an Owner or his or her guests or invitees, FRVT shall have the right to assess a fine against any Owner who has or whose guests or invitees have violated the Rules and Regulations in the same manner as the Association can assess fines pursuant to the Declaration and the Association’s policies. 8. FRVT Liability. FRVT, its member, agents, and employees, shall not be liable to the Association, any Owner, Occupant, any guest, or invitee of an Owner for any damage or injury arising out of or as a result of the use of the Streets, except such damage or injury as may be caused by the gross negligence or intentional acts of FRVT, its agents or employees. All claims against FRVT, its managers, members, agents, and employees, for any damage or injury are hereby expressly waived, except such claims as are a result of gross negligence or intentional acts. The Association shall defend, indemnify, and hold harmless FRVT, its managers, members, agents, and employees, and their respective heirs, personal representatives, successors, and assigns, from and against any and all loss, cost, liability, or expense, including reasonable attorney’s fees, arising out of any claim by any Owner, Occupant, or any guest or invitee of an Owner by reason of the use or misuse of the Streets, except such claims as are a result of gross negligence or intentional acts. 9. No Partnership. The parties to this Agreement do not, in any way or for any purpose, become partners of each other, or joint venturers, or member of a joint enterprise with each other. 10. Mutual Cooperation; Good Faith. The Parties agree to cooperate each with the other to effectuate the terms and provisions of this Agreement and to execute any and all additional documents or take such additional action as may be reasonably necessary or appropriate to effectuate the terms of this Agreement. The Parties acknowledge and agree that each Party has an obligation to act fairly, reasonably, and in good faith in exercising their rights and performing their obligations under this agreement. “Fairly” means characterized by honesty and justice; free from favoritism; fair, equitable, impartial, unbiased, dispassionate, objective, without prejudice; conforming to a standard of what is right, true, or lawful, despite strong, especially personal, influences; free from undue influence. “Reasonably” means being or coming within the bounds of reason; moderate, not extreme, not excessive, not demanding too much, not absurd, not ridiculous; allowing for a fair result; based on discussion, analysis, sound judgment based on consideration of facts and rational arguments. “Good faith” means honesty, lawfulness of purpose, belief that one’s conduct is not unconscionable or that know circumstances do not require further investigation, absence of fraud, deceit, collusion, or gross negligence. 11. Jurisdiction and Venue; Waiver of Jury. This Agreement is made and entered into in Larimer County, Colorado and is governed by and its terms shall be construed under the laws of the State of Colorado. Any action relating to this Agreement shall be brought and prosecuted only in the courts of the County of Larimer, State of Colorado, and each Party waives any right or claim of right to elect or require action to be brought or maintained, or venue changed, to any other place. To the full extent permitted by law, the Parties hereby knowingly, intentionally, and voluntarily, waive, relinquish, and forever forgo the right to a trial by jury in any action or proceeding, including, without limitation, any tort action, based upon, arising out of, or in any way relating to or in connection with this Agreement and any of the related documents, the transactions which are the subject hereof, or any course of conduct, act, omission, course of dealing, statements (whether verbal or written) or actions of any person in connection with this Agreement or the related documents, including, without limitation, in any counterclaim which any Party may be permitted to assert thereunder, whether sounding in Agreement, tort or otherwise. 12. Counterpart Copies; Electronic Delivery: This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed an original, with the same effect as if the signatures were on the same instrument, and all of which, taken together shall constitute one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered by each Party to the other Parties. Delivery of this Agreement by facsimile transmission, email or other electronic means containing the signature of a Party shall be deemed delivery of an original signature. If delivery is so made electronically, the Parties agree, upon the request of either Party to exchange documents bearing the original signatures, but such exchange is not required and delivery electronically shall constitute delivery without regard to subsequent exchange of documents bearing the original signatures. 13. Entire Agreement, Subsequent Modification, Forbearance. This Agreement sets forth the entire understanding between the Parties regarding the subject matter hereof and all prior agreements, understandings and conversations regarding the same are merged herein. This Agreement may not be modified, amended, supplemented, canceled or discharged, except by written instrument executed by all Parties. No failure to exercise and no delay in exercising, any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the Parties. No extension of time for performance of any obligations or other acts hereunder or under any other agreement shall be deemed to be an extension of the time for performance of any other obligations or any other acts. The rights and remedies of the Parties under this Agreement are in addition to all other rights and remedies, at law or equity that they may have against each other. 14. Interpretation. In the event an ambiguity or question of intent or interpretation arises, no presumptions or burdens of proof shall arise favoring either Party by virtue of the authorship of any of the provisions of this Agreement. If any word, phrase, sentence, clause, section, subsection or provision of this Agreement as applied to any Party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause, section, subsection or provision of this Agreement, and the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement or judicial reaffirmation of the invalid provision. 15. The Association Owners’ Addresses. The Association shall provide to FRVT the names and addresses of all persons and entities having or acquiring an ownership interest in one or more Lots, within thirty (30) days after the recording of the deed or other instrument evidencing the transfer of title to the Lot. 16. Dispute Resolution. In the event the Parties cannot agree on any given issue arising under this Agreement, such issue must be submitted to mediation. The Parties must first negotiate fairly, reasonably, and in good faith to resolve their dispute for a period of 15 days before submitting the dispute to mediation. If the Parties are unable to resolve their dispute through good faith negotiations within said 15 days, then within 7 days thereafter FRVT shall list the names, contact information, and qualifications of 3 persons that FRVT would be willing to accept as a mediator, and the Association shall have 7 days to select a mediator from the list. FRVT may not list its attorney, accountant, agent, or employee. The selected mediator shall assist the Parties for a period of 7 days in an attempt to resolve their dispute. If the dispute is not resolved by Mediation within 7 days, either Party may file an action in the Larimer County, Colorado District Court to resolve the dispute. All costs and expenses of mediation shall be divided equally between the Parties. Each Party shall pay its own attorney’s fees incurred in connection with mediation. 1. Attorney’s Fees. In the event of any litigation arising out of this Agreement, the Court must award to the Party that substantially prevails in such litigation all court costs and reasonable attorney’s fees. 17. Binding Effect. The terms and provisions of this Agreement shall be covenants running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Any person or entity, by accepting a deed or other instrument by which such person acquires an ownership interest in one or more Lots shall be deemed to covenant and agree to be bound by all of the terms and provisions of this Agreement. The remainder of this page has been left blank intentionally. Signatures appear on the following page.] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. FALL RIVER VILLAGE ASSOCIATION, a Colorado nonprofit corporation BY:___________________________________ President FRVT STREETS LLC, a Colorado limited liability company BY:___________________________________ Manager STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _______ day of 2025, by ________________ as President and FALL RIVER VILLAGE ASSOCIATION, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: ____________________. Notary Public STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _______ day of 2025, by _________________________ as Manager of FRVT STREETS LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: ____________________. Notary Public 4-27-26 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR FALL RIVER VILLAGE ASSOCIATION THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR FALL RIVER VILLAGE ASSOCIATION (this "Declaration") is made this ____ day of 2026, by FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company ("Declarant"). Recitals: A.Declarant is the owner of the real property in the Town of Estes Park, County of Larimer, State of Colorado, described on Exhibit A attached hereto and incorporated herein by this reference ("Real Estate"). B.Declarant desires to create a common interest community on the Real Estate pursuant to the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq., as it may be amended from time to time (the “CCIOA”). C.The Declarant has caused to be incorporated the Fall River Village Association, Inc., a Colorado nonprofit corporation (the “Association”) under the Colorado Revised Nonprofit Corporation Acts, C.R.S. § 7-121-101, et. seq. as it may be amended from time to time (the Nonprofit Act”), for the purpose of exercising the functions herein set forth. ARTICLE I. SUBMISSION OF REAL ESTATE The Declarant hereby publishes and declares that the Real Estate shall be held, sold, conveyed, transferred, leased, sub-leased, and occupied subject to the following easements, covenants, conditions, and restrictions which shall run with the land and shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Real Estate or any portion thereof, their heirs, personal representatives, successors, and assigns. ARTICLE II. DEFINITIONS For purposes of this Declaration, except as otherwise expressly provided or unless the context otherwise requires (a) capitalized terms used in this Declaration shall have the meanings assigned to them where defined parenthetically and/or with quotation marks and shall include the plural as well as the singular; (b) all accounting terms not otherwise defined shall have the meanings assigned to them in accordance with Generally Accepted Accounting Principles applicable at the time; (c) all references in this Declaration to designated Sections are to the designated Sections of this Declaration, and (d) the words “herein,” “hereinabove,” “hereunder,” hereinafter,” and other words of similar import shall refer to this Declaration as a whole and not to any particular Section. In addition to the terms defined parenthetically and/or with quotation Attachment 7 4-27-26 marks the following defined terms shall have the meaning given in the following Sections of this Article II: Section 1: “Acts” shall mean the CCIOA and the Nonprofit Act. Section 2: “Allocated Interests” shall mean the Common Expense Liability and votes in the Association. Section 3: "Approval" or "Consent" shall mean securing the written approval or consent as required by any provision of this Declaration before doing, making, or permitting that for which such Approval or Consent is required. Section 4: “Assessments” shall mean all Assessments made for General Common Expenses together with all fees, charges, late charges, fines, interest, collection costs, court costs, and attorney’s fees incurred, and assessed by the Association against a Unit and/or the Owner of the Unit. Section 5: “Association” shall mean Fall River Village Association, Inc., a Colorado nonprofit corporation. Section 6: “Board” shall mean the duly elected Board of Directors or Executive Board of the Association. Section 7: “Buildings” shall mean all Buildings presently located on the Real Estate, including but not limited to all Buildings within which Units are located. Section 8: “Clerk and Recorder” shall mean the office of the Clerk and Recorder of the County. Section 9: “Committee” shall mean any committee established by the Board. Section 10: “Committee Member” shall mean any Person appointed by the Board to serve on a Committee. Section 11: “Common Elements” shall mean all of the Common Interest Community except the Lots and Streets. The Common Elements shall include, the Trash Enclosure, the Hot Tub, and the Landscaping all as shown on the Plat, and all other improvements on the Common Elements. Common Elements shall also include the Fire Suppression System. Section 12: “Common Expense Liability” shall mean the liability for General and Limited Common Expenses allocated to each Unit pursuant to this Declaration. Section 13: “Common Interest Community” shall mean the Real Estate, the Buildings, and all improvements now located or subsequently constructed thereon, except the Streets. 4-27-26 Section 14: “Common Utilities” shall mean all utility pipes, wires, lines, conduits, or systems that serve more than one Unit, including but not limited to the Fire Suppression System, which Common Utilities are Common Elements. Section 15: “County” shall mean the County of Larimer, State of Colorado acting by and through its Board of County Commissioners, and all of its departments and offices. Section 16: “Declarant” shall mean FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company, its successors and assigns. Section 17: “Declaration” shall mean this Declaration of Covenants, Conditions, and Restrictions for Fall River Village Association, including any amendments hereto. Section 18: “Director” shall mean a duly elected member of the Board. Section 19: “Exterior Door” shall mean any door that provides access to a Unit from outside of the Building within which the Unit is located. Section 20: “Fair”, “Fairly”, and similar terms shall mean characterized by honesty and justice; free from favoritism; equitable, impartial, unbiased, dispassionate, objective, without prejudice; conforming to a standard of what is right, true, or lawful, despite strong, especially personal, influences; free from undue influence. Section 21: “Fire Suppression System” shall mean the combination of devices and equipment engineered and installed and to be maintained in, on, or about the Buildings to detect and combat fires automatically, which may include smoke detectors, heat sensors, and alarm systems to respond immediately when a fire hazard is detected, deploying suppressants such as water, foam, gas (carbon dioxide or halon to remove oxygen), or dry chemical powders to halt flames and minimize damage. Section 22: “FRVT” shall mean FRVT Streets, LLC, a Colorado limited liability company organized for the sole purpose of owning and maintaining the Streets within the Common Interest Community. Section 23: “General Common Expenses” shall mean and include: (i) expenditures made and liabilities incurred by the Association to maintain, repair, replace, and improve the Common Elements, including but not limited to the Fire Suppression System; (ii) amounts owed to FRVT pursuant to the Street Agreement; and (iii) amounts allocated to the Reserve Account. Section 24: “Good Faith” shall mean honesty, lawfulness of purpose, belief that one’s conduct is not unconscionable or that known circumstances do not require further investigation, absence of fraud, deceit, collusion, or gross negligence. Section 25: “Governing Documents” shall mean the Articles of Incorporation, Bylaws, Rules, Regulations, Policies, and Procedures adopted and amended from time to time by the Association. 4-27-26 Section 26: “Governmental Authority” shall mean the United States; the State of Colorado; the Town; the County; any political subdivision of any national, state, county, municipal, or regional government; any metropolitan district, special district, or special improvement district within which the Common Interest Community is located; any cooperative electric Association, nonprofit electric corporation or Association, renewable energy provider, gas company, telephone company, mobile communication provider, utility franchise, or governmentally regulated, supervised, or licensed public utility that provides utility service to the Common Interest Community; any other governmental entity, agency, authority, subdivision, or district having jurisdiction over the Common Interest Community; and any federal, state, or municipal court having jurisdiction over the Common Interest Community. Section 27: “Home-Based Child Care” shall mean care for children between the ages of zero and six provided by members of a family within the family’s Unit. Section 28: “Home Occupation” shall mean a business or professional activity, including but not limited to Home-Based Child Care, conducted within a Unit by the resident of the Unit that is incidental to the primary residential use and that does not alter the Unit’s character or create significant neighborhood impacts. Section 29: “Identifying Number” shall mean a symbol or address that identifies only one Unit in the Common Interest Community. Section 30: “Individual Utilities” shall mean all plumbing lines and fixtures; heating, air- conditioning and ventilating systems and equipment; furnace and hot water heater; and electrical wires, conduits, systems, and fixtures located within a Unit commencing at the point that the Individual Utilities enter the Unit, except the Fire Suppression System which shall be a Common Element. Section 31: “Landscaping” shall mean all trees, shrubs, grass, plant materials, vegetative cover, gravel, flagstone, walkways, trails, timber staircases, block, rock, and timber retaining walls, fences, and the sprinkler systems. Section 32: “Law” shall mean any statute, code, ordinance, resolution, rule, regulation, policy, licensing requirement, or order of any Governmental Authority. Section 33: “Limited Common Expenses” shall mean reasonable costs and expenses necessarily incurred by the Owners of a Building for the maintenance, repair, replacement, restoration, and improvement of the Building if such maintenance, repair, replacement, restoration, and improvement of the Building is Approved in writing by the Owners of a majority of the votes allocated to the Units within the Building. Section 34: “Lot” shall mean each Lot as described and designated on the Plat except Outlot A. 4-27-26 Section 35: “Member” shall mean a member of the Association. All Owners of an interest in a Unit must be Members of the Association and all Members of the Association must be Owners of an interest in a Unit. Section 36: “Mortgagee” shall mean any Person who has a Security Interest in a Lot that has provided actual written notice of such Security Interest to the Association. Recording of a mortgage, deed of trust, or other Security Interest in the office of the Clerk and Recorder shall not be considered actual written notice to the Association of a Security Interest. Section 37: “Notice” shall mean any notice required or desired to be given pursuant to this Declaration. Unless otherwise provided in this Declaration, all notices shall be in writing and may be personally delivered; posted on the main entrance to the Unit; mailed, certified mail, return receipt requested; sent by a nationally recognized, receipted overnight delivery service; or sent by electronic mail with evidence of transmission. Any such notice shall be deemed given when personally delivered or posted on the main entrance to the Unit; if mailed, three (3) delivery days after deposit in the United States mail, postage prepaid; if sent by electronic mail, on the day transmitted if transmitted on a business day during normal business hours of the recipient (9:00 A.M. to 5:00 P.M., Monday through Friday, except holidays designated by a Governmental Authority) or on the next business day if sent at any other time; or if sent by overnight delivery service, one (1) business day after deposit in the custody of the delivery service for earliest next business day delivery. The addresses and telephone numbers for the mailing, transmitting, or delivering of notices shall be as set forth in the books and records of the Association or if no address is provided to the Association by the Owner, then as set forth in the County Assessor’s records. Notices of a change of address shall be given in the same manner as all other notices as hereinabove provided. If a notice is to be given to more than one Owner, the notice shall be given to all Owners at the same time and in the same manner. The Association shall furnish to an Owner or such Owner's designee or to a holder of a Security Interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the Association's registered agent, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board, and every Owner. If no statement is furnished to the Owner or holder of a Security Interest or such Owner’s designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the unit for unpaid Assessments which were due as of the date of the request. Section 38: “Officers” shall mean the President, Vice-President, Secretary, Treasurer, and such assistant officers of the Association duly appointed by the Board. Officers must be Directors. Assistant officers must be Members but need not be Directors. Section 39: “Owner” shall mean the Person who owns a Lot but does not include a Person having an interest in a Lot solely as security for an obligation. Section 40: “Party Wall” shall mean a wall within a Building that is common to two Units within the Building. 4-27-26 Section 41: “Person” shall mean a natural person, a corporation, a partnership, a limited liability company, an association, a trust, or any other entity or combination thereof. Section 42: “Plat” shall mean the Fall River Village Townhome Subdivision Plat recorded in the office of the Clerk and Recorder on _______________, 2026, at Reception Number Section 43: “Promptly” shall mean to act as soon as Reasonably practicable under the facts, circumstances, urgency of the situation, nature of the action, availability of resources, and potential consequences of delay. Section 44: “Real Estate” shall mean the Real Estate described in Exhibit A attached hereto, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance, but excluding the Streets. Section 45: “Reasonable”, “Reasonableness”, “Reasonably”, and similar terms shall mean being or coming within the bounds of reason; moderate, not extreme, not excessive, not demanding too much, not absurd, not ridiculous; allowing for a fair result; based on discussion, analysis, sound judgment, and consideration of facts and rational arguments. Section 46: “Reserve Account” shall mean a separate account maintained by and in the name of the Association to provide for the payment of the costs expected to be incurred by the Association in making necessary maintenance, repairs, and replacements to the Common Elements to maintain the Common Elements in good condition. Section 47: “Security Interest” shall mean an interest in real property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in the Association, and any other consensual lien or title retention contract intended as security for an obligation. “First Security Interest” shall mean a Security Interest in a Lot prior to all other Security Interests except the Security Interest for real property taxes and Assessments made by a Governmental Authority. The recording of any document or instrument in the office of the Clerk and Recorder shall not be considered notice to the Association of any Security Interest created by the recording of such document or instrument. Section 48: “Streets” shall mean the existing Private and Emergency Vehicle Access Easements, together with the parking areas, curbs, gutters, and sidewalks immediately adjacent thereto as described and designated on the Plat as “Outlot A” and commonly known as Filbey Court, Sweet Sage Lane, and Sunny Acres Court. Section 49: “Street Agreement” shall mean the Agreement made and entered into between the Association and FRVT for the use and maintenance of the Streets within the Common Interest Community. 4-27-26 Section 50: “Town” shall mean the Town of Estes Park, Colorado, a municipal corporation, and all of its departments and offices. Section 51: “Unit Boundaries” shall mean the unfinished perimeter walls, floors, and ceiling of a Unit. “Unfinished perimeter walls” shall mean the studs, supports, and other wooden, metal, or similar materials that constitute the structural portion of the perimeter walls of a Unit. Unfinished floor” shall mean the beams, floor joist, plywood deck, concrete and other similar floor decking material that constitute the structural portion of the floor of a Unit. “Unfinished ceiling” shall mean the beams, floor joists, and other structural components of the ceiling of a Unit. Section 52: “Unit” shall mean a physical portion of a Building which is designated for separate ownership, use, or occupancy. For clarification, there is one (1) Unit on each Lot except Lot 1 which has 8 Units. If any chute, flue, duct, wire, conduit, pipes, or fixtures lies partially within and partially outside of the Unit, any portion thereof serving only that Unit, shall be a Limited Common Element appurtenant to such Unit and any portion thereof serving more than one Unit or serving any portion of the Common Elements shall be a part of the Common Elements. “Unit” shall also include heating, air conditioning, and ventilation fixtures and equipment serving only that Unit and any hot water heater serving only that Unit whether such equipment is wholly within, partially within, or completely outside of the Unit Boundaries. ARTICLE III. COMMON INTEREST COMMUNITY Section 1: Name. The name of the Common Interest Community is Fall River Village Association. Section 2: Association. The name of the Association is Fall River Village Association, Inc. Section 3: County. The name of every county in which any part of the Common Interest Community is situated is Larimer County, Colorado. Section 5: Legal Description. A legal description of the Real Estate included within the Common Interest Community is set forth in Exhibit A attached hereto, excluding, however, the Streets. Section 6: Maximum Number of Lots and Units. The maximum number of Lots and Units that may be created within the Common Interest Community is 18 Lots and 25 Units. Section 7: Boundaries of Lots. The boundaries of each Lot are located as shown on the Plat. Section 8: Identification of Lots. The identification number of each Lot is shown on the Plat. Section 9: Subdivision of Lots and Units. Neither a Lot nor a Unit may be subdivided into two (2) or more Lots or Units. 4-27-26 Section 10: Allocated Interests. The Common Expense Liability shall be allocated among the Units based on the number of square feet within the Unit, and votes in the Association shall be allocated equally among the Units, one (1) vote for each Unit. Section 11: Recording Data. All easements and licenses to which the Common Interest Community is presently subject are set forth on the Plat. In addition, the Common Interest Community is subject to other easements or licenses granted by the Declarant pursuant to the terms of this Declaration. Section 13: Common Elements. The Common Elements consist of the entire Common Interest Community except the Units and the Streets, but specifically including the Fire Suppression System. No Common Elements may be conveyed to any person or entity other than the Owners. ARTICLE IV. ASSOCIATION Section 1: Membership. Every Owner of a Lot shall be a Member of the Association. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of the Lot. ownership of a Lot shall be the sole qualification for membership. In the event a Lot is owned by two or more Persons, all such Owners shall be jointly and severally liable for performance of and compliance with all of the terms, covenants, conditions, and restriction contained in this Declaration and the Governing Documents. Section 2: Nonprofit. The Association does not contemplate pecuniary gain or profit to the Members and the specific purposes for which it is formed are as follows: (a) to operate the Common Interest Community; (b) to promote the health, safety, welfare, and common interests of the Owners of Units; and (c) to do any and all permitted acts, and to have and exercise any and all powers, rights, and privileges which are granted to Association under the laws of the State of Colorado, this Declaration, and the Governing Documents. Section 3: Voting Rights and Assignment of Votes. The Owner(s) of each Unit shall have one (1) vote on all matters submitted to the Members for approval. The effective date for assigning votes to Units created pursuant to this Declaration shall be the date on which this Declaration is recorded in the Clerk and Recorder’s Office. Section 4: Powers and Authority. The Association shall have all of the powers, authority, and duties necessary to manage the business and affairs of the Common Interest Community. Section 5: Powers of the Board. The Board shall act in all instances on behalf of the Association. The Board shall have, subject to the limitations contained in this Declaration and the Acts, all of the powers and duties necessary for the administration of the affairs of the Association and the Common Interest Community, which shall include, by example and not limitation, the following: a) Adopt and amend Bylaws. 4-27-26 b) Adopt and amend Rules, Regulations, Policies, and Procedures, including by example and not limitation rules and regulations governing use of the Common Elements and policies for collection of unpaid Assessments, enforcement of violations of this Declaration, and/or the Governing Documents, and inspection and copying of Association records. c) Adopt and amend budgets for revenues, expenditures, and reserves. d) Collect General Common Expense Assessments from Owners. e) Hire and discharge Managers. f) Hire and discharge independent contractors, employees, and agents, other than Managers. g) Institute, defend, or intervene in litigation or administrative proceedings affecting the Association or seek injunctive relief for violation of this Declaration or the Governing Documents in the Association's name and on behalf of the Association. h) Make contracts and incur liabilities, including but not limited to the Street Agreement. i) Acquire, hold, encumber, and convey in the Association's name, any right, title, or interest in or to real or personal property. j) Impose a reasonable charge for late payment of General Common Expense Assessments and levy a reasonable fine for violation of this Declaration or the Governing Documents. k) Impose a reasonable charge for the preparation and recordation of supplements or amendments to this Declaration and for statements of unpaid Assessments. l) Provide for the indemnification of the Directors, Officers, and Committee Members and maintain directors' and officers' liability insurance. m) Assign the Association's right to future income, including the right to receive General Common Expense Assessments, but only upon the affirmative vote or agreement of the Owners of Units to which at least 70% of the votes are allocated. n) Grant easements to Governmental Authorities over, under, across, upon, and through the Common Elements as necessary to serve the Common Interest Community. o) Exercise any other powers conferred by this Declaration and the Governing Documents. p) Exercise any other power that may be exercised in the State of Colorado by a legal entity of the same type as the Association. 4-27-26 q) Exercise any other power necessary and proper for the governance and operation of the Association. r) By resolution, establish permanent and standing Committees consisting of one or more Directors and such additional Members to perform any of the above functions under specifically delegated administrative standards as designated in the resolution establishing the Committee. All Committees established by the Board shall maintain and publish notice of their actions to Owners and Directors. Actions taken by any Committee may be appealed to the Board by any Owner within 30 days of publication of a notice of a decision of the Committee. If an appeal is made, the Committee's action must be ratified, modified, or rejected by the Board at its next regular meeting. Section 6: Budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall mail, by ordinary first class mail, or otherwise deliver, a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at such meeting a majority of all Owners (not just a majority of Owners present at the meeting) reject the budget, the budget is ratified whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 7: Reserve Account. The Association shall establish and maintain a Reserve Account based on a reserve study to be performed periodically but no less frequently than every five (5) years. ARTICLE V. ASSESSMENT FOR GENERAL COMMON EXPENSES Section 1: Obligation of Owners for General Common Expenses. The Declarant, for each Lot owned, hereby covenants, and each Owner of any Unit by acceptance of a deed to a Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the General Common Expense Assessments imposed by the Association. Such Assessments, including fees, charges, late charges, attorney's fees, fines, and interest, charged by the Association shall be the obligation of the Owner at the time the Assessment or other charges become due. If a Lot is owned by two or more Persons, all of the Owners of the Lot shall be jointly and severally liable for all Assessments made against the Lot. The obligation an Owner to pay any past-due sums due the Association shall not pass to a successor in title unless expressly assumed by such successor. Section 2: Amount of Assessment. The amount of the Assessment for the estimated General Common Expenses that must be paid by the Owner of each Lot shall be determined by dividing the total estimated General Common Expenses by a fraction the numerator of which shall be the square footage within the Unit(s) on the Lot and the denominator of which shall be the total number of square feet within all Units within the Common Interest Community. 4-27-26 Section 3: Date of Commencement of Annual Assessments; Due Dates. Annual Assessments shall commence as to all Lots on the first day of the month following the recording of this Declaration in the Clerk and Recorder’s records. The first annual Assessment shall be adjusted according to the number of months remaining in the calendar year. Written notice of the annual Assessment shall be sent to every Owner subject thereto. The Board may, at its discretion, permit annual Assessments to be payable in equal monthly or quarterly installments. Section 4: Owner's Negligence. Notwithstanding anything to the contrary contained in this Declaration in the event that the need for maintenance or repair of the Common Elements is caused by the willful or negligent act, omission, or misconduct of any Owner or by the willful or negligent act, omission, or misconduct of any member of such Owner's family or by a guest, invitee, employee, agent, contractor, or subcontractor of such Owner or any tenant or member of a tenant's family, the costs of such repair and maintenance shall be the obligation of such Owner, and any costs, expenses, and fees incurred by the Association for such maintenance, repair, or reconstruction shall be added to and become part of the Assessment to which such Owner's Lot is subject and shall be a lien against such Owner's Lot as provided in this Declaration. A determination of the willful or negligent act, omission, or misconduct of any Owner or any member of an Owner's family or a guest, invitee, employee, agent, contractor, or subcontractor of any Owner or tenant or member of a tenant's family and the amount of the Owner's liability therefore shall be determined by the Board after notice to the Owner and the right to be heard before the Board in connection therewith. ARTICLE VI. LIEN FOR NONPAYMENT OF GENERAL COMMON EXPENSES Section 1: Lien. All Assessments made or imposed by the Association against a Lot and the Owner of the Lot shall be a continuing lien upon the Lot upon which the Lot against which such Assessments are made or imposed is located. A lien under this Section is prior to all other liens and encumbrances on a Lot, except: (1) liens and encumbrances recorded before the recordation of this Declaration; (2) a First Security Interest in the Lot recorded before the date on which the General Common Expense Assessment sought to be enforced became delinquent; and (3) liens for real estate taxes and other governmental Assessments or charges against the Lot. This Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Lot shall not affect the Association's lien. If the Assessments are payable in installments, each installment is a lien form the time it becomes due. Recording of this Declaration constitutes record notice and perfection of the lien. No further recordation of any claim or notice of lien for Assessments is required. Section 2: Interest, Late Fees, Costs and Attorney’s Fees. Any Assessment provided for in this Declaration or any monthly or other installment thereof which is not fully paid within thirty (30) days after the date due shall bear interest at a rate determined by the Board. In addition, the Board may assess a late charge thereon. Any Owner who fails to pay any Assessment shall also be obligated to pay the Association, on demand, all costs and expenses incurred by the Association, including reasonable attorney's fees, in attempting to collect the delinquent amount. The total amount due to the Association shall constitute a lien on the defaulting Owner's Lot. The Association may bring an action, at law or in equity, or both, against any Owner obligated to pay any amount due to the Association or any monthly or other installment thereof and may also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the 4-27-26 Association against a delinquent Owner to recover a money judgment for unpaid amounts due to the Association or monthly or other installments thereof may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien. Section 3: Limitation of Lien. A lien for Assessments shall remain valid and enforceable for a period of 6 years after the Assessment becomes due. Section 4: Appointment of Receiver. In any action by the Association to collect Assessments or to foreclose a lien for unpaid Assessments, the Court may appoint a receiver for the Owner to collect all sums alleged to be due from the Owner prior to or during the pending action. The Court may order the receiver to pay any sums held by the receiver to the Association during the pending action to the extent of the Association’s Assessments. Section 5: Foreclosure. The Association’s lien for unpaid Assessments may be foreclosed in like manner as a mortgage against real estate. ARTICLE VII. RESTRICTION ON USE Section 1: Exterior Improvements. No exterior additions to, exterior alterations of, or exterior decoration of a Building, a Lot, a Unit, or the Common Elements shall be made unless approved in writing by the Board. Without limiting the generality of the foregoing, nothing shall be kept or stored within or upon the Lots or Common Elements and nothing shall be placed on or in the windows or doors of a Unit which create an unsightly appearance from the exterior of such Units. Section 2: Violation of Laws. Nothing shall be done or kept in any Unit, on a Lot, or on the Common Elements, or any part thereof, which would be in violation of any Law. A violation of any Law, including but not limited to violation of the Town Municipal Code or the Town Development Code, shall be a violation of this Declaration. Section 3: Damage to Common Elements. No damage to the Common Elements, or any part thereof, shall be committed by an Owner or any agent, employee, guest, or invitee of an Owner, and each Owner shall indemnify, hold harmless, and reimburse the Association and all other Owners from and against all loss, cost, expense and liability arising out of, as a result of, or in connection with any and all damage caused by such Owner, his agents, employees, guests, or invitees. Section 4: Nuisance. No noxious or offensive activity shall be conducted within any Unit, on any Lot, or on the Common Elements which unreasonably interferes with the then existing use of any other Unit. No activity shall be conducted within any Unit, on a Lot, or on the Common Elements which is or might be unsafe, unsightly, unhealthy, or hazardous to any person. Section 5: Use. All Units shall be used solely for residential purposes, except the Units Located on Lots 12 and 18 which may be used for offices, Home-Based Child Care, and other business or commercial uses as permitted by applicable Laws. Home Occupations shall be permitted subject to compliance with Section 5.2.B.2.d(1) of the Estes Park Code pertaining to 4-27-26 Home Occupations as it may be amended. Without limiting the generality of the foregoing, Home Occupations must comply with the following restrictions: a) Home Occupations must be approved by the Board. b) A Home Occupation shall not exceed twenty percent (20%) of the floor area of the Unit in which the Home Occupation is located, excluding garage space. This size/area requirement does not apply to Home-Based Child Care. c) No one other than a resident of the Unit shall be employed on site, report to work at the site, or pick up supplies or products on site in the conduct of a Home Occupation. This prohibition also applies to independent contractors. Home-Based Child Care shall be exempt from this requirement. d) There shall be no stock-in-trade other than products fabricated by artists and artisans. e) A Home Occupation shall be conducted entirely within a Unit and not within a parking area. Outdoor play areas are permitted in conjunction with Home-Based Child Care. All loose play items, such as toys and games, shall be stored inside at the close of business each day. f) Vehicle or equipment sales, rentals, or repairs shall not be conducted as a Home Occupation. g) Personal and professional services must be provided on an appointment-only basis. h) No Home Occupation shall include a sales room open to the general public, and no articles shall be exhibited, offered for sale, or sold within the Unit except by prior appointment. i) There shall be no advertising of the address of the Home Occupation that results in attracting persons to the Unit. j) There shall be no electrical or mechanical equipment not normally found in a residential structure added to the Unit to accommodate the Home Occupation. The Association may adopt additional Rules and Regulations further restricting the use of the Units. Section 6: Signs. No signs shall be installed or permitted to remain on the exterior of any Lot, Building, or Unit or on the interior of a Unit if such sign is visible from the exterior of the Unit unless such sign is approved in writing in advance by the Board. No sign shall be installed on the Common Elements without the prior, written approval of the Board. One (1) for sale or for rent sign may be placed on a Lot or in the window of a Unit to be visible from the exterior of the Unit. 4-27-26 Section 7: Antennae and Satellite Dishes. No antennae or satellite dishes shall be installed on the roof of a Building, the exterior of any Unit, or the Common Elements without the prior, written approval of the Board. Section 8: Restrictions on Leasing. All leases made and entered into by an Owner after the recording of this Declaration shall be in writing and shall provide that the tenant shall comply in all respects with all of the provisions of this Declaration and the Governing Documents, and that any failure by the tenant to comply with the terms and provisions of this Declaration or the Governing Documents shall be a default under the lease. The Board may require information forms to be completed and security deposits to be made by tenants. Copies of all leases made and entered into by an Owner after the recording of this Declaration shall be provided to the Board prior to commencement of occupancy by the tenant if requested by the Board. The Board may require the insertion of particular provisions in any lease made and entered into by an Owner after the recording of this Declaration. After notice and an opportunity for hearing, the Board may require an Owner to evict any tenant whose lease was made and entered into by an Owner after the recording of this Declaration and who has violated any provision of this Declaration or the Governing Documents and if the Owner fails to commence eviction proceedings with the appropriate court within 30 days after the decision of the Board, then the Board shall have the right, but not the obligation, to evict the Tenant and assess the cost as a special assessment against the Unit and the Owner. ARTICLE VIII. ALTERATION OF UNITS; EASEMENTS FOR ENCROACHMENTS Section 1: Party Walls. An easement shall be and is hereby established on the Lots for all Party Walls. To the extent not inconsistent with the provisions of this Declaration, the general rules of law in Colorado regarding Party Walls and liability for property damage due to negligence or willful acts or omissions shall apply to the Party Walls. Each Owner shall be responsible for the reasonable maintenance and care of that portion of a Party Wall located on such Owner’s Property. No Owner shall undertake any work on such Owner’s Lot if such work would jeopardize the soundness or safety of the Party Wall, reduce the value thereof, or impair this Party Wall Easement without the consent of the other Owner. If a Party Wall is destroyed or damaged by fire or other casualty, either Owner may restore the Party Wall, and the other Owner shall contribute such Owner’s proportionate share of the cost of such restoration. Restoration of the damaged Party Wall shall be to substantially the same condition as existed prior to the damage. Nothing herein contained shall prejudice the right of either Owner to require a larger contribution from the other Owner based upon the negligence or willful acts or omissions of such Owner, or such Owner’s family members, tenants, guests, or invitees. An Owner may act without obtaining prior consent of the other Owner in emergency situations. After acquiring an adjoining Unit, an Owner may remove or alter any intervening Party Wall or create openings or apertures therein, if such acts do not impair the structural integrity, electrical or mechanical systems, or lessen the support of any portion of the Building. Removal of a Party Wall under this Section is not an alteration or relocation of Lot boundaries. Notwithstanding the combination of two Units, the resulting Unit shall nonetheless continue to be considered two Units for Voting purposes. Section 2: Alteration of Units. An Owner may make any improvements or alterations to the interior of such Owner’s Unit that do not impair the structural integrity, the electrical or 4-27-26 mechanical systems, or lessen the support of any portion of the Building. Section 3: Encroachments. A valid easement shall exist for the following encroachments and for the maintenance of the same: (a) in the event that any portion of a Unit encroaches upon any adjacent Lot or Lots; or (b) in the event that any portion of a Unit encroaches upon the Common Elements; or (c) in the event any encroachment shall occur in the future as a result of settling of a Building or repair or restoration of the Building or an adjacent Unit after damage by fire or other casualty or condemnation or eminent domain proceedings. In the event that any one or more of the Units or a Building are partially or totally destroyed and are then rebuilt or reconstructed in substantially the same location, and as a result of such rebuilding, any portion thereof shall encroach as provided in the preceding sentence, a valid easement for such encroachment shall exist. Such encroachments and easements shall not be considered or determined to be encumbrances, either on the Common Elements or on the Lots, for purposes of marketability of title or other purposes. In interpreting any and all provisions of this Declaration, subsequent deeds to, and/or mortgages of Lots, the actual location of a Unit shall be deemed conclusively to be the property intended to be conveyed, reserved, or encumbered, notwithstanding any minor deviations, either horizontally or laterally from the locations of such Units indicated on the Plat. Section 4: Blanket Easement. There is hereby created a blanket easement upon, across, over, and under the Lots for ingress and egress to and from each Unit from the Streets and for installing, replacing, repairing, and maintaining all Common Elements, including the Buildings, the Fire Suppression System, and all utilities such as water, sewer, gas, telephone, electricity, and television. By virtue of this easement, it shall be expressly permissible for the providing of electrical, telephone and/or television wires, circuits, and conduits on, above, across, and under the roof and exterior walls of the Units. No sewer lines, electrical lines, water lines, or other utilities may be installed or relocated on the Real Estate, except as initially installed or as subsequently approved by the Board and for the installation by the Declarant of submetering of the water line for the two Units on Lot 17 and for the Units on Lot 13 and 14. The Association, its officers, agents, employees, and assigns, shall have the right to make such use of the Common Elements as may be reasonably necessary or appropriate to perform the duties and functions which it is obligated or permitted to perform pursuant to this Declaration. Section 5: Emergency Easement. An easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Real Estate in the performance of their duties. Section 6: Fire Suppression System: There is hereby created a blanket easement upon, over, under, across, in, and through the Buildings and all Units for the purpose of installing, replacing, repairing, maintaining, and improving the Fire Suppression System. ARTICLE IX. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION No labor performed or materials furnished and incorporated in a Unit or on a Lot with the consent of or at the request of the Owner thereof, such Owner’s agents, contractors, or subcontractors, shall be the basis for filing a lien against the Unit or Lot of any other Owner not 4-27-26 expressly consenting to or requesting the same or against the Common Elements. Each Owner shall indemnify and hold harmless all other Owners and the Association from and against all liability arising from the claim of any lien against the Unit or Lot of any other Owner or against the Common Elements for construction performed or for labor, materials, services, or other products incorporated in the Owner's Unit or Lot at such Owner's request. Notwithstanding the foregoing, any Mortgagee of a Lot who shall become the Owner of such Lot pursuant to a lawful foreclosure sale or the taking of a deed in lieu of foreclosure shall be under no obligation to indemnify and hold harmless any other Owner or the Association against liability for claims arising prior to the date such Mortgagee becomes an Owner. ARTICLE X. RESERVATION FOR ACCESS, MAINTENANCE, REPAIR, AND EMERGENCIES Section 1: Access to Units. The Association shall have the irrevocable right to be exercised by the Association's Board, Officers, managing agent, employees, and contractors, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the Common Elements, including but not limited to the Fire Suppression System, therein or accessible therefrom or at any hour for making emergency repairs, maintenance, or inspection therein necessary to prevent damage to the Common Elements, including but not limited to the Fire Suppression System, and/or to another Unit. Section 2: Damage to Unit. Damage to the interior or any part of a Unit resulting from the maintenance, repair, emergency repair, or replacement of any of the Common Elements or as a result of emergency repairs within another Unit at the insistence of the Association shall be a General Common Expense; provided, however, that if the damage is caused by the negligent or tortuous acts of an Owner, such Owner’s agents, employees, invitees, or tenants, then such Owner shall be responsible and liable for all of such repair and the cost thereof shall become said Owner's obligation, which shall be timely paid. Said obligation shall be an Assessment against said Owner and such Owner’s Unit and shall be subject to the provisions for collection elsewhere herein provided. All damaged improvements shall be restored substantially to the extent reasonably practical to the same condition in which they existed prior to the damage. All maintenance, repairs, and replacement of the Common Elements, whether located inside or outside of the Units, shall be the General Common Expense of all of the Owners (unless necessitated by the negligence, misuse, or tortuous act of an Owner, in which case such expense may be charged to such Owner). However, the Association shall not be obligated to seek redress for damages caused by a negligent Owner, and this covenant shall not abrogate the insurance provisions of this Declaration. ARTICLE XI. MAINTENANCE RESPONSIBILITY Section 1: Maintenance of the Units. a) For maintenance purposes, an Owner shall maintain and keep in good repair and condition at all times such Owner’s Unit, which shall include by example and not limitation, all improvements within the Unit Boundaries, the windows and Exterior Doors, including window and door casings; the interior non-supporting walls, floors, and ceilings of the Unit; the materials such as, but not limited to, plaster, gypsum drywall, paneling, wallpaper, paint, ceiling, wall and floor tile 4-27-26 and flooring, carpet, and other materials which make up the finished surfaces of the interior of the Unit Boundaries; interior doors; exterior shutters, awnings, window boxes, storm doors, storm windows, patio doors, if any, appurtenant to each Unit; exterior heating, ventilating, or air conditioning fixtures and equipment serving the Unit; and all other fixtures and equipment designated to serve the Unit but located outside of the Unit Boundaries of such Unit. All maintenance, repairs and replacements of Exterior Doors, exterior windows and all other fixtures, equipment and surface materials visible from the exterior of a Unit shall be of substantially the same architectural style, design, color, material, and quality as existed immediately prior to the maintenance, repair or replacement. b) An Owner shall also maintain and keep in good repair at all times all Individual Utilities appurtenant to such Owner’s Unit commencing at the point that the Individual Utilities enter the Unit. An Owner shall not be deemed to own and shall have no obligation to maintain or repair any Common Utilities running through such Owner’s Lot or Unit, which Common Utilities are Common Elements to be maintained by the Association. Common Utilities shall not be disturbed or relocated by an Owner without the prior written consent and approval of the Board. An Owner shall do no act or work that will impair the structural soundness or integrity of the Building in which the Unit is located or impair the proper functioning of the Common Utilities, or impair any easement. Section 2: Maintenance of the Buildings. The Owners of the Lots upon which a Building is located shall have the duty, obligation, and responsibility of maintaining, repairing, restoring, improving, and replacing the Building located on their Lots, except to the extent that an Owner is required to maintain such Owner’s Unit as provided in Section 1 of this Article XI. The costs of maintenance and repair of the Building shall be Limited Common Expenses and shall be allocated among the Owners of the Units within the Building in the same manner as General Common Expenses are allocated, pro rata based on the square footage of each Unit within the Building unless necessitated by the negligence, misuse, or tortuous act of an Owner, in which case such expense may be charged to such Owner). Buildings must be maintained, repaired, restored, improved, and replaced to standards established by the Board. a) Limited Common Expenses. It shall be the duty of each Owner of a Unit within a Building to pay such Owner’s proportionate share of all Limited Common Expenses allocated to such Unit. Unpaid Limited Common Expenses shall bear interest from the date due until paid at the rate of eight percent (8%) per annum. In addition, any Owner who fails to pay such Owner’s proportionate share of the Limited Common Expenses when due (“the Defaulting Owner”) shall be obligated to pay all costs and expenses, including reasonable attorney’s fees, incurred by the non-defaulting Owner(s) of Units within the Building in collecting any delinquent Limited Common Expenses. The total amount due from the Defaulting Owner, including unpaid Limited Common Expenses, interest, costs, and attorney’s fees, shall be a lien on the Defaulting Owner’s Lot which lien may be enforced by the non-defaulting Owners of Units within the Building in the same manner as the lien for General Common Expenses may be enforced as provided in Article VI of this Declaration. b) Right to Maintain. Any Owner of a Unit in a Building shall have the right, but not the obligation, to maintain, repair, renovate, and improve the Building, and shall pay all 4-27-26 costs and expenses incurred as a result of any maintenance, repair, renovation, or improvement of the Building, except to the extent that such costs and expenses are Limited Common Expenses. ARTICLE XII. ADDITIONS, ALTERATIONS, AND IMPROVEMENTS TO GENERAL COMMON ELEMENTS Except for regularly scheduled maintenance, repair, or replacement of the Common Elements and except in the event of an emergency, there shall be no capital additions, alterations, or improvements of or to the Common Elements made by the Association requiring an expenditure in any calendar year in excess of an amount equal to twenty-five percent (25%) of the Association's then-current annual budget except by vote of Owners of Units to which 67% or more of the votes in the Association are allocated who are present in person or by proxy at a meeting called for such purpose at which a quorum is present. The limitations set forth above shall not apply to repair in the event of damage, destruction, or condemnation. ARTICLE XIII. INSURANCE Section 1: Liability Insurance. The Association shall maintain public liability and property damage insurance in such limits as the Board may from time to time determine. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance, and other use of the Common Elements. Said policy shall also contain a “severability of interest” endorsement. Coverage under such policy shall include, without limitation, legal liability of the Association for property damage, bodily injuries, and death of persons in connection with the operation, maintenance, or use of the Common Elements and legal liability arising out of lawsuits related to employment contracts of the Association. If required by a first Mortgagee or an insurer or guarantor of a first mortgage, such insurance shall also include protection against such other risks as are customarily covered with respect to s similar in construction, location, and use. Section 2: Worker's Compensation Insurance. The Association shall maintain worker's compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law. Section 3: Officers' and Directors' Insurance. To the extent such insurance can be obtained at reasonable cost, the Association shall maintain blanket fidelity bonds for all officers, directors, and employees of the Association and all other persons handling or responsible for funds of or administered by the Association. If the managing agent has the responsibility for handling or administering funds of the Association, the managing agent shall be required to maintain fidelity bond coverage for its officers, employees, and agents handling or responsible for funds of or administered on behalf of the Association. Such fidelity bonds shall name the Association as an obligee and shall be in such amount as may be determined by the Board. Such bonds shall contain waivers by the issuers thereof of all defenses based upon the exclusion of persons serving without compensation from the definition of employees or similar terms or expressions. The premiums on all bonds required hereunder, except those maintained by the managing agent, shall be paid by the Association as a General Common Expense. 4-27-26 ARTICLE XIV. AMENDMENT Section 1: Amendment by Declarant. The Declarant may amend this Declaration without the consent or approval of the Owners or Mortgagees to correct clerical, typographical, or technical errors; to comply with applicable Laws; or to comply with technical requirements, standards, or guidelines of recognized secondary lenders. Section 2: Amendment by Association. This Declaration may be amended or terminated by vote or agreement of Owners of Units to which 67% or more of the votes in the Association are allocated. Amendments to this Declaration shall be prepared, executed, recorded, and certified on behalf of the Association by any Officer of the Association designated for that purpose or, in the absence of such designation, by the president of the Association. The expenses associated with preparing and recording an amendment to this Declaration shall be a General Common Expense. No action to challenge the validity of an amendment to this Declaration may be brought more than one (1) year after the amendment is recorded. ARTICLE XVI. GENERAL PROVISIONS Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate proceedings at law or in equity against those persons or entities violating or attempting to violate any covenant, condition, or restriction herein contained. Such judicial proceeding shall be for the purpose of removing a violation, restraining a future violation, for recovery of damages for any violation, or for such other and further relief as may be available. Such judicial proceedings may be prosecuted by an Owner or by the Association. In the event it becomes necessary to commence an action to enforce this Declaration, the court must award to the party that substantially prevails in such litigation, in addition to such damages as the Court may deem just and proper, an amount equal to the court costs and reasonable attorney's fees incurred by the party that substantially prevails in such litigation. The failure to enforce or to cause the abatement of any violation of this Declaration shall not preclude or prevent the enforcement thereof or of a further or continued violation, whether such violation shall be of the same or of a different provision of this Declaration. Section 2: Duration. this Declaration shall run with the land, shall be binding upon all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect in perpetuity unless amended or terminated as provided herein. Section 3: Management of the Common Areas. The Association may obtain and pay for the services of a managing agent to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper management, operation, and maintenance of the Common Elements; provided, however, that any contract in regard to the hiring or employing of such a managing agent or other personnel shall not be for a term in excess of three (3) years and shall provide that the same shall terminate on sixty (60) days' written notice, with or without cause, and without payment of any termination fee. Section 4: Conflict. In the event of any conflict between the terms and provisions of the Acts and the terms and provisions of this Declaration, the terms and provisions of the Acts shall 4-27-26 control. In the event of any conflict between the terms and provisions of this Declaration and the terms and provisions of any other Governing Document, the terms and provisions of this Declaration shall control. Section 5: Time. In computing any period of time prescribed or allowed by this Declaration, the date of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday as declared by a Governmental Authority. For purposes of this Declaration, a day shall end at 5:00 P.M. Section 6. No Right of Action Against the Association or Board. No person shall obtain by virtue of this Declaration any right or cause of action against the Association or the Board arising as a result of the enforcement or lack of enforcement of this Declaration. Section 7. Disclaimer Regarding Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Common Interest Community that are designed to make occupying the Common Interest Community more secure than it otherwise might be. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security within or around the Common Interest Community, nor shall any of them be held liable for any loss or damage by reason of failure to provide security or by reason of the ineffectiveness of any security measures that might be undertaken. No representation or warranty is made that any fire suppression system, burglar alarm system, or other security system cannot be compromised or circumvented, or that any such systems or security measures undertaken will in any case prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and covenants to inform all of such Owner's tenants, guests, and invitees of the terms of this Section 7. Further, each Owner expressly agrees that he or she assumes all risks of loss or damage to persons and to property resulting from the acts or omissions of third parties. Section 8. Disclaimer Regarding Naturally Occurring Radioactive Material Disclosure And Release. In certain locations above average levels of naturally occurring radioactive material ("NORM") have been detected. Declarant has not made, nor does this Declaration make or contain, any representation or warranty, express or implied, concerning the presence, absence, or level of NORM in the soil beneath or adjacent to the Building. Section 9. Disclaimer Regarding Radon. The United States Environmental Protection Agency (the '"EPA'') has detected elevated levels of naturally occurring radon gas in certain structures throughout Colorado and the EPA has voiced concerns about the possible adverse effects on human health from long term exposure to high levels of radon gas. Neither the Association nor the Declarant is qualified to evaluate all aspects of this very complex and constantly changing issue. Any Owner may conduct such Owner’s own investigation and consult with such experts as the Owner deems appropriate in order to determine the level of radon gas in such Owner’s Unit, and to determine any mitigation the Owner desires to implement at the Owner's sole cost, risk and expense. Owners acknowledge that the Association is under no obligation with respect to the radon gas levels detected in the Owner’s Unit and nothing contained herein shall create or be interpreted as a representation or warranty, express or implied, 4-27-26 concerning the presence or absence of radon in the soils beneath or adjacent to the Buildings. Each Owner hereby releases the Association and the Declarant from any and all liability with respect to the matters discussed in the foregoing disclosure. Section 10. Disclaimer Regarding Mold Related Hazards. The presence of some types of mold may cause health problems in certain individuals. The Owners acknowledge that neither the Declarant nor the Board shall be responsible for the potential or actual existence of mold contamination in a Unit, or any resulting injury. All Owners with concerns about the likelihood of mold in a Unit and the potential impacts of mold are directed to the mold informational pamphlets maintained by the EPA for additional information regarding mold. Section 11. Governmental Immunity. Estes Park Housing Authority is a body corporate and politic organized and existing under the Colorado Housing Authorities Act, its subsidiaries, affiliated entities, managed entities, entities in which it has an ownership interest, departments, boards, commissions, committees, officers, employees, and officials, including but not limited to Declarant, are immune from liability for death of or injury to persons and damage to property for all claims which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant by the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as construed and interpreted by the Colorado Court of Appeals in Martinez v. CSG Redevelopment Partners LLLP, 469 P.3d 491 Colo App 2019). Nothing contained in this Declaration shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the Colorado Governmental Immunity Act. Section 12: Good Faith. All decisions to be made and all actions to be taken pursuant to the terms and provisions of this Declaration and the Governing Documents shall be made and taken Fairly, Reasonably, and in Good Faith. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first above written. FALL RIVER VILLAGE ESTES LLC, a Colorado limited liability company By: Estes Park Housing Authority, a body corporate and politic under the laws of the State of Colorado, its sole member By: Scott L. Moulton, Executive Director STATE OF COLORADO ) ss. COUNTY OF LARIMER ) 4-27-26 The foregoing instrument was acknowledged before me this ____ day of _________, 2026, by Scott L. Moulton, Executive Director of Estes Park Housing Authority, a body corporate and politic under the laws of the State of Colorado, sole member of FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: Notary Public 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: Tammy Zimmerman, Finance Director Department: Finance Date: July 28th, 2026 Subject: Resolution 90-26, Supplemental Budget Appropriations #2 to the 2026 Budget Type: Resolution Objective: To appropriate funding for grant awards, utility capital project closeout, utilization of Police Facility reserve for design costs, interest for Utility deposit refunds, increasing expense for write-offs of uncollectible utility accounts, Fleet utilization study, use of General Fund unassigned fund balance for one-time capital projects that are recommended by the Town Administrator, and other mid-year adjustments. Present Situation: Throughout the year, operational needs and project requirements arise that were not included in the original budgets such as new grants, capital needs, or evolving program demands. To ensure continued compliance with budgetary and audit standards, periodic budget amendments are required to authorize these expenditures and align appropriations with actual activity. Proposal: The following explains the most significant proposed changes in appropriations by Fund. Additional items may be described in the “Schedule of Budgeted Revenue Changes” and the “Schedule of Budgeted Appropriation Changes” which are included as part of Attachment B. General Fund: Increase of $1,630,720 Grants: An increase of $220,550 is included in Police grant projects. The Co-Responder grant with Summitstone Health for $210,315, and Bulletproof Vest grant for 10,235, were both previously approved by the Town Board. These expenditures are offset by corresponding grant revenue. An increase of $312,000 is included in Landfill Mitigation grant project. The amendment also recognizes the corresponding grant revenue. Use of Unassigned Fund Balance: Based on direction from the Town Administrator, the following one-time investments are using excess General Fund balance resulting from higher-than-budgeted sales tax collections and expenditure savings: 160,000 – Transfer to Facilities Management fund for additional repairs and maintenance of aging Town facilities, including roofing, flooring and carpet replacement. 100,000 – Transfer of $100,000 for Sprypoint Utility Billing software implementation project. Additional funding is needed for project management consulting, staff overtime, and customer communications to 11,820 utility accounts. The cost is split with $66,0000 to the Power & Communications fund and $34,000 to the Water fund. 100,000 – Transfer to Vehicle Replacement fund to help address increased replacement costs. Since 2020, vehicles and equipment have increased in cost by approximately 30%. 377,720 – Transfer to Power & Communications to purchase five IntelliRuptors for wildfire mitigation and electric system reliability. 300,000 – Transfer to Community Reinvestment fund to increase the reserve for the future Police Facility project. Strengthening this reserve is expected to reduce future borrowing costs when financing is obtained. 60,000 - Transfer to Community Reinvestment fund for the Event Center Storage Building project to address construction costs exceeding the original budget estimates. Community Reinvestment Fund: Increase $360,000: The proposed amendment includes transfer from General Fund for $300,000 to increase the reserve for the future Police Facility project and $60,000 to supplement the budget for the Event Center Storage Building project. Larimer County Open Space: Increase of $5,679,040 The Town was awarded a $5,679,040 grant from the Colorado Department of Transportation (CDOT) for the Moraine Avenue Multi-Modal Trail project. The required local match of $1,135,808 (20%) will be funded from available fund balance, while 4,543,232 in grant revenue is recognized through this amendment. Street Fund: Increase of $1,183,235 The amendment increases the existing purchase order with Coulson Excavating for overlay and patching work performed on behalf of the Estes Valley Recreation and Park District (EVRPD). The Town will be fully reimbursed by EVRPD under the Mutual Operating Agreement being presented to the Town Board for approval on the July 28 meeting agenda. Power and Communication Fund: Decrease of $5,413,847 Grants: A decrease of $5,892,567 reflects the rescission of the BEAD grant award. After removing the grant-funded portion, the remaining local project funding of 1,964,189 will be redirected to a Fiber Optic Expansion project. Utility Billing: 10,000 is added to budget for interest paid on refundable customer utility deposits, as required by the Colorado Public Utilities Commission (PUC). While this expense has historically not been budgeted, several large commercial deposits were refunded during 2026. In addition, PUC-prescribed interest rates increased significantly beginning in 2024. Applicable rates were 4.93% in 2024, 4.93% in 2025, and 4.08% in 2026. 25,000 is added for higher-than-budgeted write-offs of uncollectible utility accounts. A single account written off in January 2026 totaled approximately 45,000, exceeding the original annual budget of $25,000. 66,000 is added for the SpryPoint Utility Billing Implementation Project to cover project management consulting, staff overtime, and customer communications for the 11,820 utility customers. Capital Project: 377,720 is appropriated for the purchase of five IntelliRupters to support wildfire mitigation and improve electric system reliability. This project is funded through a transfer from the General Fund. Water Fund: Decrease of $352,948 The Bureau Area Phase 4 capital project (WTBRP4) has been completed under budget, resulting in project savings of $386,948, which will remain in fund balance. An additional $34,000 is budgeted for the Water Fund's share of the SpryPoint Utility Billing Implementation Project to support project management consulting, staff overtime, and customer communications. Fleet Maintenance Fund: Increase of $406,422 58,000 is appropriated to complete a Fleet Utilization Study, funded from available Fleet Fund reserves. The study will evaluate the size, composition, and utilization of the Town's vehicle fleet to support future replacement planning. 346,422 is appropriated to accurately budget expenses associated with vehicle parts purchases under the new Tyler ERP work order process, which was implemented in January 2026. Under the new system, the Fleet Fund initially records all parts purchases and subsequently bills the benefiting departments. A corresponding increase in interdepartmental revenue is included in this amendment. Vehicle Replacement Fund: Increase of $100,000 A transfer from the General Fund will provide a one-time catch-up contribution to the Vehicle Replacement Fund to reflect higher replacement costs for the Town's non-utility fleet. Vehicle and equipment costs have increased by approximately 30% since 2020. Facility Management Fund: Increase of $160,000 A transfer from the General fund will provide for the additional repairs and maintenance of aging Town facilities, including roofing, flooring and carpet replacement. Advantages: Town will continue to operate In compliance with statutory requirements regarding municipal budget law Proposed projects can continue as planned Hiring of staff for donation-specific purpose Disadvantages: Use of these funds will expend the Town’s accumulated reserves, reduce future investment income and possibly limit future flexibility. However, appropriations do not go below the designated percentage reserves as specified in Policy 601. Action Recommended: Staff recommends approval of the 2026 supplemental budget appropriation #2 resolution. Finance/Resource Impact: After reflecting this budget amendment, the General Fund reserves are projected at 36.4% of 2026 operating expenditures: Level of Public Interest: Minimal. No comments received or expected. Sample Motion: I move for the approval/denial of Resolution 90-26 appropriating additional sums of money for the Town of Estes Park for the budget year ended December 31, 2026. Attachments: 1. Resolution 90-26 Supplemental Budget Appropriations #2 to the 2026 Budget. 2. Recaps of Proposed Budget Adjustments and Supporting Documents. 3. Presentation RESOLUTION 90-26 SUPPLEMENTAL BUDGET APPROPRIATIONS #2 TO THE 2026 BUDGET WHEREAS, the Board of Trustees of the Town of Estes Park adopted the 2026 annual budget in accordance with the Local Government Budget Law on November 12th, 2025; and WHEREAS, additional unanticipated grants have been received after adoption of the original annual budget; and WHEREAS, certain projects and expenditures have additional funding needs which were identified after adoption of the original annual budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the appropriations for 2026 be increased by $3,752,172 for the funds specified below and these amounts are hereby appropriated from additional revenue or available fund balance of each fund. EXISTING AMENDMENT AMENDED FUND APPROPRIATION APPROPRIATIONS General Fund 30,439,275$ 1,630,270$ 32,069,545$ Community Reinvestment Fund 6,358,770 360,000 6,718,770 Conservation Trust Fund 29,000 - 29,000 Larimer County Open Space Fund 1,246,264 5,679,040 6,925,304 Emergency Response System Fund 246,415 -246,415 Community Center Fund - - - Wildfire Mitigation Fund 411,401 -411,401 Trails Expansion Fund 4,777,570 -4,777,570 Trails ST Extension Fund 975,285 -975,285 Parking Services Fund 1,396,070 -1,396,070 Street Improvement Fund 5,391,424 1,183,235 6,574,659 Stormwater Fund 2,446,952 -2,446,952 Workforce Housing Lodging Tax Fund 5,709,998 -5,709,998 Power and Communication Fund 40,472,293 (5,413,847) 35,058,446 Water Fund 22,951,330 (352,948) 22,598,382 Workforce Housing Linkage Fee Fund 810,000 -810,000 Medical Insurance Fund 4,911,000 -4,911,000 Fleet Maintenance Fund 1,124,008 406,422 1,530,430 Information Technology Fund 1,367,732 -1,367,732 Vehicle Replacement Fund 635,580 100,000 735,580 Risk Management Fund 711,732 -711,732 Facilities Management Fund 2,083,909 160,000 2,243,909 DATED this 28th day of July, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Fund Fund Name Department Division Description Of Change Time or Ongoing) Increase Decrease) Increase Decrease) Increase Decrease) 101 General Fund Public Works Transit Roll forward budgets.One Time 1,012,685 - 1,012,685 101 General Fund Community Services Events Additional media rights from Cowboy Channel for qualification in the Top 60 rodeos.One Time 10,250 - 10,250 101 General Fund Police NA required. Appropriations increase matches revenue increase. DRONE26 project.One Time 8,897 8,897 101 General Fund Public Works Engineering with costs already budgeted and no local match required. LNDFL1 project.One Time 93,978 - 93,978 101 General Fund Public Works Transit expenditures are shown as increase to Appropriations. Project TR26B One Time 239,996 239,996 101 General Fund Public Works Transit Service Improvement and Expansion from CDOT. No matching expenditures requirement. TRMMOF project.One Time 68,704 - 68,704 101 General Fund Museum N/A to new printers for Museum and Annex.One Time 3,000 - 3,000 Total General Fund 1,464,510 - 1,464,510 204 Reinvestment Fund N/A NA Roll forward budgets.One Time 74,925 - 74,925 Total Community Reinvestment Fund 74,925 - 74,925 220 Space N/A NA Roll forward budgets.One Time 167,888 - 167,888 Total Larimer County Open Space Fund 167,888 - 167,888 244 Fund N/A NA Roll forward budgets.One Time 4,369,284 - 4,369,284 Total Larimer County Open Space Fund 4,369,284 - 4,369,284 246 Expansion Fund N/A NA Roll forward budgets.One Time 300,000 - 300,000 Total Trails Sales Tax Expansion Fund 300,000 - 300,000 260 Fund N/A NA Roll forward budgets.One Time 857,474 - 857,474 TOWN OF ESTES PARK SCHEDULE OF BUDGETED REVENUE CHANGES ALL FUNDS BA#1 - 2026 MISC BUDGET AMENDMENT Attachment 2 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase Decrease) Ongoing Increase Decrease) Total Changes Increase Decrease) Total Trails Sales Tax Expansion Fund 857,474 - 857,474 270 Workforce Housing Lodging Tax Fund N/A NA Roll forward of uncompleted Grant projects revenue budgets.One Time 150,000 - 150,000 Total Workforce Housing Lodging Tax Fund 150,000 - 150,000 502 Power and Communications Fund Utilities NA Roll forward of uncompleted Grant projects revenue budgets.One Time 6,628,394 - 6,628,394 Total Power and Communications Fund 6,628,394 - 6,628,394 503 Water Fund Utilities NA Roll forward of uncompleted Grant & Debt proceed projects revenue budgets.One Time 519,669 - 519,669 Total Water Fund 519,669 - 519,669 635 Vehicle Replacement Fund Internal Services NA Additional cost related to replacement of Parking Fund vehicle of their Chevy Spark. Higher cost of vehicle required additional contribution from Parking Serviced Fund.One Time 7,000 - 7,000 Total Fleet Management Fund 7,000 - 7,000 Total Projected Revenue Changes 14,539,144 - 14,539,144 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase Decrease) Ongoing Increase Decrease) Total Changes Increase Decrease) 101 General Fund Various Various Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 477,564 - 477,564 101 General Fund Various Various Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 1,181,474 - 1,181,474 101 General Fund Finance NA Tyler Technologies SAAS renewal fees. Previously these were paid from the Project Funds. As we are currently live with the software, the contract annual renewal that will occur in June was not included in the 2026 Budget. The renwal fees total to $120,000 with 50% to General Fund; 33% to Power & Communications; and 17% to Water Fund.Ongoing - 60,000 60,000 101 General Fund Community Services Events Increase to Purse Money for Rooftop Rodeo prize money, as received additional $10,250 for Cowboy Channel revenue One Time 9,000 - 9,000 101 General Fund Police Patrol People Who Wander Drone Project grant One Time 8,897 8,897 101 General Fund Police Patrol DOLA grant for mental health awarded.One Time 27,000 27,000 101 General Fund Museum NA Increased contract beyond May 2026 expiration for 2 part- time Museum Assistants through December. Increased wage and benefit expenses are to be covered with existing Friends and Hondius donations.One Time 50,680 50,680 101 General Fund Museum NA Adding wage and benefit expense for part-time Museum Assistant. The FTE was added in BA#2 2025 Budget Revision. This is now adding the cost in 2026 Budget and utilizes the Hondius donation as funding source.One Time 45,160 45,160 101 General Fund Museum NA Adding 2 printers for Museum and Annex to be used from Rental Room Revenue One Time 3,000 3,000 TOWN OF ESTES PARK SCHEDULE OF BUDGETED APPROPRIATION CHANGES ALL FUNDS BA#1 - 2026 MISC BUDGET AMENDMENT Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase Decrease) Ongoing Increase Decrease) Total Changes Increase Decrease) Total General Fund 1,802,775 60,000 1,862,775 204 Community Reinvestment Fund Various Various Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 236,551 - 236,551 204 Community Reinvestment Fund Various Various Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 1,808,660 - 1,808,660 204 Community Reinvestment Fund N/A NA Transfer Out remaining project balance of Project 179 Stanley Circle Development and put back into Reserve account One Time 1,169,326 - 1,169,326 Total Community Reinvestment Fund 3,214,537 - 3,214,537 211 Conservation Trust NA NA Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 19,000 19,000 Total Conservation Trust Fund 19,000 - 19,000 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase Decrease) Ongoing Increase Decrease) Total Changes Increase Decrease) 220 Larimer County Open Space NA NA Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 455,340 - 455,340 220 Larimer County Open Space NA NA Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 541,012 - 541,012 Total Larimer County Open Space Fund 996,352 - 996,352 244 Trails Improvement NA NA Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 325,404 - 325,404 244 Trails Improvement NA NA Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 4,452,166 - 4,452,166 Total Trails Improvement Fund 4,777,570 - 4,777,570 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase Decrease) Ongoing Increase Decrease) Total Changes Increase Decrease) 246 Trails Sales Tax Improvement NA NA Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 12,215 - 12,215 246 Trails Sales Tax Improvement NA NA Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 405,999 - 405,999 Total Trails Sales Tax Improvement Fund 418,214 - 418,214 256 Parking Services Fund NA NA Increase for Broadband Service charges that was unbudgeted.One Time 5,400 - 5,400 256 Parking Services Fund NA NA Increase for Vehicle Replacement Fund transfer to replace Chevy Spark. Additional cost was unbudgeted.One Time 7,000 - 7,000 256 Parking Services Fund NA NA Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 125,250 - 125,250 256 Parking Services Fund NA NA Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 465,241 465,241 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase Decrease) Ongoing Increase Decrease) Total Changes Increase Decrease) Total Parking Services Fund 602,891 - 602,891 260 Street Improvement NA NA Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 628,408 - 628,408 260 Street Improvement NA NA Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 2,938,142 - 2,938,142 Total Street Improvement Fund 3,566,550 - 3,566,550 265 Stormwater Fund NA NA Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 349,787 - 349,787 265 Stormwater Fund NA NA Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 849,551 - 849,551 Total Stormwater Fund 1,199,338 - 1,199,338 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase Decrease) Ongoing Increase Decrease) Total Changes Increase Decrease) 270 Workforce Housing Workforce Housing NA Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 210,000 210,000 Total Workforce Housing Fund 210,000 - 210,000 502 Power and Communication Fund Utilities Trailblazer Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 1,600,362 - 1,600,362 502 Power and Communication Fund Utilities Trailblazer Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 11,762,799 - 11,762,799 502 Power and Communication Fund Utilities Admin/General Public Utility Commission Quarterly Administrative Fee for out-of-town limit customers. Inadvertently excluded from Budget projections. Approximately $9472 per quarter.On-going 38,000 38,000 502 Power and Communication Fund Utilities Customer Accounts Shred-It Service increase that was unbudgeted.On-going 6,000 6,000 502 Power and Communication Fund Utilities Trailblazer Tyler Technologies SAAS renewal fees. Previously these were paid from the Project Funds. As we are currently live with the software, the contract annual renewal that will occur in June was not included in the 2026 Budget. The renwal fees total to $120,000 with 50% to General Fund; 33% to Power & Communications; and 17% to Water Fund.Ongoing - 19,800 19,800 Total Power and Communication Fund 13,407,161 19,800 13,426,961 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase Decrease) Ongoing Increase Decrease) Total Changes Increase Decrease) 503 Water Utilities NA Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 7,497,646 - 7,497,646 503 Water Utilities NA Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 7,311,726 - 7,311,726 503 Water Utilities NA Tyler Technologies SAAS renewal fees. Previously these were paid from the Project Funds. As we are currently live with the software, the contract annual renewal that will occur in June was not included in the 2026 Budget. The renwal fees total to $120,000 with 50% to General Fund; 33% to Power & Communications; and 17% to Water Fund.Ongoing - 10,200 10,200 Total Water Fund 14,809,372 10,200 14,819,572 606 Medical Insurance Fund Internal Services NA Increase in wellness program costs that was unanticipated. Previous years attendance for program was high and numbers weren't available during budgeting. Will utilize fund balance as reserves are adequate.Ongoing 15,000 15,000 Total Medical Insurance Fund - 15,000 15,000 612 Fleet Maintenance Fund Internal Services Fleet Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 57,875 57,875 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase Decrease) Ongoing Increase Decrease) Total Changes Increase Decrease) 612 Fleet Maintenance Fund Internal Services Fleet Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 13,470 13,470 612 Fleet Maintenance Fund Internal Services Fleet The Trolley Barn grant was rescinded and approved by the Town Board in the 2025 Budget Amendment #1. There were design costs that were reimbursed by CDOT and with cancellation of grant project, the Town needs to pay back the State and will be covered with the Fleet's fund balance.One Time 37,216 37,216 Total Fleet Maintenance Fund 108,561 - 108,561 625 Information Technology Fund Internal Services IT Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 82,638 82,638 625 Information Technology Fund Internal Services IT Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 22,985 22,985 Total Information Technology Fund 105,623 - 105,623 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase Decrease) Ongoing Increase Decrease) Total Changes Increase Decrease) 635 Vehicle Replacement Fund Internal Services NA Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 374,458 - 374,458 635 Vehicle Replacement Fund Internal Services NA Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 15,034 - 15,034 635 Vehicle Replacement Fund Internal Services NA Additional cost related to replacement of Parking Fund vehicle of their Chevy Spark, with a Toyota Corolla. Higher cost of vehicle required additional contribution.One Time 7,000 - 7,000 Total Vehicle Replacement Fund 396,492 - 396,492 650 Facility Management Fund Internal Services Facilities Transfer from Repair Reserve to fund replacement of Public Works and Internal Services Fund roof, as well as the Tregent Restroom roof due to active leaks and exceeding the service life.One Time 200,000 - 200,000 650 Facility Management Fund Internal Services Facilities Purchase Order Rollover- Rollover of purchase orders PO's)outstanding at the end of 2025 but not delivered by the end of the year, 12/31/2025. These PO's are rolled forward as an increase to the 2026 budget since the original 2026 budget already reflected these as completed in 2025. The unspent funding for these pending purchases is sitting in the 12/31/2025 fund balance and should be reappropriated in 2026 to cover the expense when the goods or services are provided in 2026.One Time 106,927 - 106,927 Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase Decrease) Ongoing Increase Decrease) Total Changes Increase Decrease) 650 Facility Management Fund Internal Services Facilities Project Rollover - Unobligated balances for ongoing projects that begin but are not completed by December 31, 2025, will be rolled forward into the 2026 budget. The Town budgets the full cost of each project upfront to ensure adequate funding for its completion, which often results in remaining balances at year-end. If a contract has been issued, the remaining project funds should be encumbered through a purchase order and rolled separately. Any remaining project budget not yet spent or obligated through a purchase order should also be carried forward to ensure the project can be completed as planned One Time 4,380 - 4,380 Total Facility Management Fund 311,307 - 311,307 Total Expenditure Appropriation Changes 45,945,743 105,000 46,050,743 101 204 211 220 236 238 240 244 246 256 260 265 270 GENERAL FUND COMMUNITY REINVESTMENT CONSERVATION TRUST LARIMER COUNTY OPEN SPACE EMERGENCY RESPONSE COMMUNITY CENTER WILDFIRE MITIGATION TRAILS TRAILS SALES TAX EXTENSION PARKING SERVICES STREET STORMWATER WORKFORCE HOUSING LODGING TAX Revenues $26,708,777 $3,219,158 $41,000 $762,888 $0 $0 $411,401 $4,369,283 $871,390 $859,750 $2,960,191 $1,279,916 $5,686,000 Expenses 30,439,275 6,358,770 29,000 1,246,264 246,415 0 411,401 4,777,570 975,285 1,396,070 5,391,424 2,446,952 5,709,998 Net Increase (Decrease)(3,730,498) (3,139,612) 12,000 (483,376) (246,415) 0 0 (408,287) (103,895) (536,320) (2,431,233) (1,167,036) (23,998) Estimated Beginning Fund Balance, 1/1/26 13,326,096 4,086,092 166,746 2,178,131 251,609 11 0 506,490 659,720 714,094 4,953,195 1,476,196 57,860 Add Back Reserves included in Budgeted Expenses 26,000 2,669,326 0 0 0 0 0 0 0 0 0 0 0 Estimated Ending Fund Balance, 12/31/26 $9,621,598 $3,615,806 $178,746 $1,694,755 $5,194 $11 $0 $98,203 $555,825 $177,774 $2,521,962 $309,160 $33,862 502 503 505 606 612 625 635 645 650 POWER AND COMMUNICA TIONS WATER WORKFORCE HOUSING LINKAGE IMPACT FEE MEDICAL INSURANCE FLEET INFORMATION TECHNOLOGY VEHICLE REPLACEMENT RISK MANAGEMENT FACILITIES MANAGEMENT TOTAL Revenues $33,357,064 $8,073,169 $810,000 $4,896,000 $987,627 $1,143,879 $805,473 $711,732 $2,063,035 $100,017,733 Expenses 40,472,293 22,951,330 810,000 4,911,000 1,124,008 1,367,732 635,580 711,732 2,083,909 134,496,008 Net Increase (Decrease)(7,115,229) (14,878,161) 0 (15,000) (136,381) (223,853) 169,893 0 (20,874) (34,478,275) Estimated Beginning Fund Balance, 1/1/26 14,160,036 18,350,449 27,000 2,045,377 678,891 564,276 2,239,436 23,400 326,529 66,791,634 Add Back Reserves included in Budgeted Expenses 433,587 123,023 0 0 0 0 0 0 0 3,251,936 Estimated Ending Fund Balance, 12/31/26 $7,478,394 $3,595,311 $27,000 $2,030,377 $542,510 $340,423 $2,409,329 $23,400 $305,655 $35,565,295 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT RECAP OF BUDGET ALL FUNDS 4/6/2026 9:26 PM BA#1 2026 MISC BUDGET ADJ 101 204 211 220 236 238 240 244 246 256 260 265 270 GENERAL FUND COMMUNITY REINVESTMENT CONSERVATION TRUST LARIMER COUNTY OPEN SPACE EMERGENCY RESPONSE COMMUNITY CENTER WILDFIRE MITIGATION TRAILS TRAILS SALES TAX EXTENSION PARKING SERVICES STREET STORMWATER WORKFORCE HOUSING LODGING TAX Estimated Ending Fund Balance, 12/31/2025 $9,621,598 $3,615,806 $178,746 $1,694,755 $5,194 $11 $0 $98,203 $555,825 $177,774 $2,521,962 $309,160 $33,862 Budgeted Reserves *** Pkg Garage Maint Reserve 107,000 - - - - - - - - - - - - Childcare Reserve 10,159 - - - - - - - - - - - - Workforce Housing Reserve 417,186 - - - - - - - - - - - - Police Building Reserve 1,500,000 - - - - - - - - - - - Town Employee Housing Reserve 1,169,322 Restr Donations 255,774 - - - - - - - - - - - - Nonspendable Prepaids 15,390 - - - - - - - - - - - - Museum Hondius Donation - - - - - - - - - - - - - Equipment Reserve - - - - - - - - - - - - - Policy 660 Fund Balance Reserves 7,012,398 - - - - - - - - - - - - Total Reserved Fund Balance 7,817,907 2,669,322 - - - - - - - - - - - Unreserved Budgetary Fund Balance 12/31/2026 $1,803,691 $946,484 $178,746 $1,694,755 $5,194 $11 $0 $98,203 $555,825 $177,774 $2,521,962 $309,160 $33,862 502 503 505 606 612 625 635 645 650 POWER AND COMMUNICATIONS WATER WORKFORCE HOUSING LINKAGE IMPACT FEE MEDICAL INSURANCE FLEET INFORMATION TECHNOLOGY VEHICLE REPLACEMENT RISK MANAGEMENT FACILITIES MANAGEMENT TOTAL Estimated Ending Fund Balance, 12/31/2025 $7,478,394 $3,595,311 $27,000 $2,030,377 $542,510 $340,423 $2,409,329 $23,400 $305,655 $35,565,295 Budgeted Reserves *** Pkg Garage Maint Reserve - - - - - - - - - $107,000 Childcare Reserve - - - - - - - - - $10,159 Workforce Housing Reserve - - - - - - - - - $417,186 Facility and Employee Housing Reserve - - - - - - - - - $0 Police Building Reserve - - - - - - - - - $1,500,000 Restr Donations - - - - - - - - - $255,774 Nonspendable Prepaids - - - - - - - - - $15,390 Museum Hondius Donation - - - - - - - - - $0 Equipment Reserve 1,733,778 967,420 - - - - 2,409,329 - - $5,110,527 Policy 660 Fund Balance Reserves 5,445,223 1,717,463 - 1,135,392 101,545 100,000 - - - $15,512,021 Total Reserved Fund Balance 7,179,001 2,684,883 - 1,135,392 101,545 100,000 2,409,329 - - 22,928,057 Unreserved Budgetary Fund Balance 12/31/2026 $299,394 $910,428 $27,000 $894,985 $440,965 $240,423 $0 $23,400 $305,655 $12,637,238 These miscellaneous reserves include current year additions to the reserves budgeted as expenses plus amounts accumulated in prior years. The current year additions are added back to fund balance since these appropriations are budget management accounts and are merely changes to reserved fund balances. TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT RECAP OF BUDGETED RESERVES ALL FUNDS 204 COMMUNITY REINVESTMENT FUND 502 POWER & COMMUN- ICATIONS FUND 503 WATER FUND Description Account # if applicable) Project if applicable) Parking Garage Maint Reserve Childcare Reserve Museum Hondius Trust Reserve Workforce Housing Reserve Capital Reserve Equipment Reserve Equipment Reserve Projected Ending Reserve Balance 12-31-2024 75,000 10,159 - 882,186 104,795 2,199,054 824,878 2025 Budgeted Additions to Reserves MAINTENANCE RESERVE 101-3100-431.37-99 26,000 CHILDCARE RESERVES 101-1900-419.37-97 CHCARE - MUSEUM HONDIUS TRUST DONATION 101-5700-365.20-00 HOND25 90,679 WORKFORCE HSNG RESERVES 101-1945-419.37-98 WFHRES - CAPITAL RESERVES CONTRIB 204-5400-544.37-95 CAPRES 1,500,000 FUTURE VEHICLE PURCHASE 502-6501-560.25-44 433,587 FUTURE VEHICLE PURCHASE 503-6300-540.25-44 123,023 2025 Budgeted Use of Reserves Childcare Assistance Prog 101-1900-419.29-75 CHCARE - Transfer to Facilities Fund 101-9000-491.96-50 PKGRES (20,000) Transfer to P&C 204-9000-491.95-02 BEAD (1,500,000) Transfer to P&C 101-9000-491.95-02 BEAD (465,000) BUILDING REMODELING 204-5400-544.32-22 MUSADD - WAYFINDING SIGNAGE 204-5400-544.35-63 WAYFND - OTHER EQUIPMENT 502-7001-580.33-98 - TRUCKS 502-7001-580.34-42 (1,267,450) TRUCKS 503-7000-580.34-42 90398 (103,504) TOWN HALL PUBLIC RESTROOM REMODEL204-5400-544.32-22 (104,795) Projected Ending Reserve Balance 12-31-2025 81,000 10,159 90,679 417,186 0 1,365,191 844,397 101 GENERAL FUND TOWN OF ESTES PARK RESERVE ACCOUNT BUDGETED ACTIVITY ALL FUNDS BA#1 -2026 MISC BUDGET AMENDMENT 204 COMMUNITY REINVESTMENT FUND 502 POWER & COMMUN- ICATIONS FUND 503 WATER FUND Description Account # if applicable) Project if applicable) Parking Garage Maint Reserve Childcare Reserve Museum Hondius Trust Reserve Workforce Housing Reserve Capital Reserve Equipment Reserve Equipment Reserve 101 GENERAL FUND TOWN OF ESTES PARK RESERVE ACCOUNT BUDGETED ACTIVITY ALL FUNDS BA#1 -2026 MISC BUDGET AMENDMENT Projected Ending Reserve Balance 12-31-2025 81,000 10,159 90,679 417,186 0 1,365,191 844,397 2026 Budgeted Additions to Reserves MAINTENANCE RESERVE 101-3100-431.37-99 26,000 CHILDCARE RESERVES 101-1900-419.37-97 CHCARE 0 WORKFORCE HSNG RESERVES 101-1945-419.37-98 WFHRES 0 TOWN EMPLOYEE HOUSING RESERVE 204-5400-544.37-95 1,169,322 CAPITAL RESERVES CONTRIB 204-5400-544.37-95 CAPRES - FUTURE PD BUILDING RESERVE 204-5400-544.37-95 NEWPD 1,500,000 FUTURE VEHICLE PURCHASE 502-6501-560.25-44 433,587 FUTURE VEHICLE PURCHASE 503-6300-540.25-44 123,023 FUTURE BUILDING RESERVE 101-2100-419.37-50 - 2026 Budgeted Use of Reserves Childcare Assistance Prog 101-1900-419.29-75 CHCARE MUSEUM SALARIES -CONTRACT 101-5700-457.11-03 (90,679) BUILDING REMODELING 204-5400-544.32-22 MUSADD WAYFINDING SIGNAGE 204-5400-544.35-63 WAYFND Workforce Housing 270-1945-419.29-80 Childcare 270-1948-419.29-75 OTHER EQUIPMENT 502-7001-580.33-98 - TRUCKS 502-7001-580.34-42 (65,000) TRUCKS 503-7000-580.34-42 90398 - TOWN HALL PUBLIC RESTROOM REMODEL204-5400-544.32-22 - Projected Ending Reserve Balance 12-31-2026 107,000 10,159 - 417,186 2,669,322 1,733,778 967,420 General Conservation Open Emergency Community Wildfire Trails Parking Fund Trust Space Response Center Mitigation Trails Sales Tax Ext Services 101 211 220 236 238 240 244 246 256 REVENUE Operating revenues Taxes 20,002,124$ -$ -$ -$ -$ 411,401$ -$ 571,390$ -$ Licenses and permits 829,950 - - - - - - - 22,000 Intergovernmental 1,874,110 41,000 717,888 - - - 4,369,283 300,000 - Charges for services 841,933 - - - - - - - 798,250 Fines and forfeitures 19,000 - - - - - - - 39,000 Rental income 210,000 - - - - - - - - Investment income 568,000 - 45,000 - - - - - - Donations 57,225 - - - - - - - - Miscellaneous 836,435 - - - - - - - 500 Total Operating Revenues 25,238,777 41,000 762,888 - - 411,401 4,369,283 871,390 859,750 Other sources Transfers-In from other funds 1,470,000 - - - - - - - - Sale of assets - - - - - - - - - Financing proceeds - - - - - - - - - TOTAL REVENUES 26,708,777 41,000 762,888 - - 411,401 4,369,283 871,390 859,750 EXPENDITURES Operating expenditures Source of supply - - - - - - - - - Personnel 14,113,859 - 132,012 - - - - 107,071 226,301 Operations & maintenance 12,677,428 10,000 127,900 - - 411,401 - - 600,328 Total Operating Expenditures 26,791,287 10,000 259,912 - - 411,401 - 107,071 826,629 Other uses Debt service - - - - - - - - - Capital 227,682 19,000 986,352 246,415 - - 4,777,570 868,214 569,441 Transfers-out to other funds 3,420,306 - - - - - - - - Contingency - - - - - - - - - TOTAL EXPENDITURES 30,439,275 29,000 1,246,264 246,415 - 411,401 4,777,570 975,285 1,396,070 NET SOURCE (USE) OF FUNDS (3,730,498) 12,000 (483,376) (246,415) - - (408,287) (103,895) (536,320) FUND BALANCES, Beginning 13,326,096 166,746 2,178,131 251,609 11 - 506,490 659,720 714,094 Reserve increases included in exp. above 26,000 - - - - - - - - FUND BALANCES, End of Year 9,621,598 178,746 1,694,755 5,194 11 - 98,203 555,825 177,774 Special Revenue Funds TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT FINANCIAL OVERVIEW ALL FUNDS Capital Projects Special Revenue Funds (Cont)Fund Workforce Housing Lodging Community Information Vehicle Risk Facilities Streets Stormwater Tax Reinvestment Medical Fleet Technology Replacement Management 260 265 270 204 606 612 625 635 645 650 REVENUE Operating revenues Taxes 2,102,717$ 1,279,916$ 5,500,000$ -$ -$ -$ -$ -$ -$ -$ Licenses and permits - - - - - - - - - - Intergovernmental 857,474 - 150,000 74,925 - - - - - - Charges for services - - 36,000 - 740,000 962,627 1,113,879 715,473 711,732 - Fines and forfeitures - - - - - - - - - - Rental income - - - - - - - - - 1,726,962 Investment income - - - 60,000 100,000 25,000 30,000 90,000 - - Donations - - - - - - - - - - Miscellaneous - - - - 4,056,000 - - - - - Total Operating Revenues 2,960,191 1,279,916 5,686,000 134,925 4,896,000 987,627 1,143,879 805,473 711,732 1,726,962 Other sources Transfers-In from other funds - - - 3,084,233 - - - - - 336,073 Sale of assets - - - - - - - - - - Financing proceeds - - - - - - - - - - TOTAL REVENUES 2,960,191 1,279,916 5,686,000 3,219,158 4,896,000 987,627 1,143,879 805,473 711,732 2,063,035 EXPENDITURES Operating expenditures Source of supply - - - - - - - - - - Personnel 74,547 197,614 137,970 - - 806,391 757,506 - 41,732 476,591 Operations & maintenance 510,707 1,438 5,562,028 2,347 4,911,000 251,147 373,403 - 670,000 1,315,797 Total Operating Expenditures 585,254 199,052 5,699,998 2,347 4,911,000 1,057,538 1,130,909 - 711,732 1,792,388 Other uses Debt service - - - 922,233 - - - - - - Capital 4,806,170 2,247,900 10,000 5,434,190 - 66,470 236,823 635,580 - 291,521 Transfers-out to other funds - - - - - - - - - - Contingency - - - - - - - - - - TOTAL EXPENDITURES 5,391,424 2,446,952 5,709,998 6,358,770 4,911,000 1,124,008 1,367,732 635,580 711,732 2,083,909 NET SOURCE (USE) OF FUNDS (2,431,233) (1,167,036) (23,998) (3,139,612) (15,000) (136,381) (223,853) 169,893 - (20,874) FUND BALANCES, Beginning 4,953,195 1,476,196 57,860 4,086,092 2,045,377 678,891 564,276 2,239,436 23,400 326,529 Reserve increases included in exp. above - - - 2,669,326 - - - - - - FUND BALANCES, End of Year 2,521,962 309,160 33,862 3,615,806 2,030,377 542,510 340,423 2,409,329 23,400 305,655 Internal Service Funds TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT FINANCIAL OVERVIEW ALL FUNDS Power & Workforce Housing % of Communication Water Linkage Fee Total 502 503 505 Total REVENUE Operating revenues Taxes 205,700$ -$ -$ 30,073,248$ 31.61% Licenses and permits - - 810,000 1,661,950 1.75% Intergovernmental 6,628,394 519,669 - 15,532,743 16.33% Charges for services 26,098,970 6,983,500 - 39,002,364 41.00% Fines and forfeitures - - - 58,000 0.06% Rental income - - - 1,936,962 2.04% Investment income 400,000 550,000 - 1,868,000 1.96% Donations - - - 57,225 0.06% Miscellaneous 24,000 20,000 - 4,936,935 5.19% Total Operating Revenues 33,357,064 8,073,169 810,000 95,127,427 100.00% Other sources Transfers-In from other funds - - - 4,890,306 Sale of assets - - - - Financing proceeds - - - - TOTAL REVENUES 33,357,064 8,073,169 810,000 100,017,733 EXPENDITURES Operating expenditures Source of supply 11,872,703 150,000 - 12,022,703 15.79% Personnel 5,971,137 3,667,271 - 26,710,002 35.07% Operations & maintenance 5,854,155 3,333,880 810,000 37,422,959 49.14% Total Operating Expenditures 23,697,995 7,151,151 810,000 76,155,664 100.00% Other uses Debt service 2,151,855 921,882 - 3,995,970 Capital 13,272,443 14,758,297 - 49,454,068 Transfers-out to other funds 1,350,000 120,000 - 4,890,306 Contingency - - - - TOTAL EXPENDITURES 40,472,293 22,951,330 810,000 134,496,008 NET SOURCE (USE) OF FUNDS (7,115,229) (14,878,161) - (34,478,275) FUND BALANCES, Beginning 14,160,036 18,350,449 27,000 66,791,634 433,587 123,023 - 3,251,936 FUND BALANCES, End of Year 7,478,394 3,595,311 27,000 35,565,295 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT FINANCIAL OVERVIEW ALL FUNDS Enterprise Funds Fund/Dept Fund Name 2026 Adopted Orig Budget Amendments 2026 Amended Budget 101 GENERAL FUND 25,244,267 1,464,510 26,708,777 204 COMMUNITY REINVESTMENT 3,144,233 74,925 3,219,158 211 CONSERVATION TRUST 41,000 - 41,000 220 LARIMER COUNTY OPEN SPACE 595,000 167,888 762,888 236 EMERGENCY RESPONSE - - - 238 COMMUNITY CENTER - - - 240 WILDFIRE MITIGATION 411,401 - 411,401 244 TRAILS - 4,369,283 4,369,283 246 TRAILS SALES TAX EXTENSION 571,390 300,000 871,390 256 PARKING SERVICES 859,750 - 859,750 260 STREET 2,102,717 857,474 2,960,191 265 STORMWATER 1,279,916 - 1,279,916 270 WORKFORCE HOUSING LODGING TAX 5,536,000 150,000 5,686,000 502 POWER AND COMMUNICATIONS 26,728,670 6,628,394 33,357,064 503 WATER 7,553,500 519,669 8,073,169 505 WORKFORCE HOUSING LINKAGE IMPACT FEE 810,000 - 810,000 606 MEDICAL INSURANCE 4,896,000 - 4,896,000 612 FLEET 987,627 - 987,627 625 INFORMATION TECHNOLOGY 1,143,879 - 1,143,879 635 VEHICLE REPLACEMENT 798,473 7,000 805,473 645 RISK MANAGEMENT 711,732 - 711,732 650 FACILITIES 2,063,035 - 2,063,035 TOTAL 85,478,590 14,539,143 100,017,733 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT SUMMARY OF ANTICIPATED REVENUE ALL FUNDS Fund/Dept Fund Name 2026 Adopted Orig Budget Amendments 2026 Amended Budget 101 GENERAL FUND 101-1100 Legislative 359,305 - 359,305 101-1190 Town Attorney 525,979 - 525,979 101-1200 Judicial 32,148 - 32,148 101-1300 Town Administrator's Office 485,246 30,422 515,668 101-1400 Town Clerk's Office 369,089 64,227 433,316 101-1500 Finance 801,117 60,000 861,117 101-1600 Planning 830,033 166,318 996,351 101-1700 Facilities - - - 101-1800 Human Resources 441,985 12,000 453,985 101-1900 Outside Entity Funding 1,630,918 - 1,630,918 101-1945 Workforce Housing - - - 101-2100 Police - Patrol 6,250,425 71,654 6,322,079 101-2155 Police - Communications 1,606,369 2,571 1,608,940 101-2175 Police - Support Svcs 520,675 - 520,675 101-2185 Police - Code Enforcement 181,431 - 181,431 101-2300 Building Safety Divison 573,063 - 573,063 101-2400 Engineering 717,615 56,010 773,625 101-2600 Visitor Center 769,353 15,134 784,487 101-3100 Streets 1,666,577 19,649 1,686,226 101-3175 Stormwater Maintenance 463,759 - 463,759 101-5200 Parks 1,729,547 160,626 1,890,173 101-5500 Special Events 3,496,810 63,793 3,560,603 101-5600 Transportation 959,909 1,039,643 1,999,552 101-5690 Parking - - - 101-5700 Museum 744,841 100,728 845,569 101-9000 Transfers 3,420,306 - 3,420,306 101 GENERAL FUND 28,576,500 1,862,775 30,439,275 204 COMMUNITY REINVESTMENT 3,144,233 3,214,537 6,358,770 211 CONSERVATION TRUST 10,000 19,000 29,000 220 LARIMER COUNTY OPEN SPACE 249,912 996,352 1,246,264 236 EMERGENCY RESPONSE 246,415 - 246,415 238 COMMUNITY CENTER - - - 240 WILDFIRE MITIGATION 411,401 - 411,401 244 TRAILS - 4,777,570 4,777,570 246 TRAILS SALES TAX EXTENSION 557,071 418,214 975,285 256 PARKING SERVICES 793,179 602,891 1,396,070 260 STREET 1,824,873 3,566,551 5,391,424 265 STORMWATER 1,247,614 1,199,338 2,446,952 270 WORKFORCE HOUSING LODGING TAX 5,499,998 210,000 5,709,998 502 POWER AND COMMUNICATIONS 27,045,332 13,426,961 40,472,293 503 WATER 8,131,758 14,819,572 22,951,330 505 WORKFORCE HOUSING LINKAGE IMPACT FEE 810,000 - 810,000 606 MEDICAL INSURANCE 4,896,000 15,000 4,911,000 612 FLEET 1,015,447 108,561 1,124,008 625 INFORMATION TECHNOLOGY 1,262,109 105,623 1,367,732 635 VEHICLE REPLACEMENT 239,088 396,492 635,580 645 RISK MANAGEMENT 711,732 - 711,732 650 FACILITES 1,772,602 311,307 2,083,909 TOTAL ALL FUNDS 88,445,264 46,050,744 134,496,008 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT SUMMARY OF APPROPRIATIONS ALL FUNDS General Fund Comm Reinvestment Fund Total Fund Balance 9,621,598$ 3,615,806$ 13,237,404$ Year End Balance of Reserves to Exclude Parking Garage Maintenance Reserve (107,000) - (107,000) Childcare Reserve (10,159) - (10,159) Workforce Housing Reserve (417,186) - (417,186) Facilities & Employee Housing Reserve - - - Museum Hondius Donation - - Police Building Reserve - - Prepaids and Restricted Donations Estimate (271,164) - (271,164) 805,509) - (805,509) Unassigned, Unrestricted Fund Balance Subject to Reserve Calculation 8,816,089 3,615,806 12,431,895 Total Expenditures 30,439,275 6,358,770 36,798,045 Less Reserve Increases (26,000) (2,669,322) (2,695,322) Less Transfers Out Between GF & CRF (3,084,233) - (3,084,233) Net Expenditures 27,329,042 3,689,448 31,018,490 Less Capital Expenditures General Fund (201,682) - (201,682) Community Reinvestment Fund - (2,767,215) (2,767,215) Total Capital to Exclude (201,682) (2,767,215) (2,968,897) Total Expenditures Subject to Reserve Calculation 27,127,360$ 922,233$ 28,049,593$ 25% Reserve Requirement 6,781,840$ 230,558$ 7,012,398$ Projected Reserve Ratio as of 12-31-2026 32.5%392.1%44.3% TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT GENERAL & COMMUNITY REINVESTMENT FUNDS FUND BALANCE RESERVE RATIO General Fund Community Reinvestment Fund Total Amended Budget Total Revenues 26,708,777 3,219,158 29,927,935 Less: Capital Grants (One time funds)1,012,685 74,925 1,087,610 Capital Donations - - - Transfers between GF & CRF - 3,084,233 3,084,233 One Time Personnel Contribution from Friends of the Museum 46,225 - 46,225 One time transfers from Workforce Hsng/Childcare Lodging Tax Fund - - - 1,058,910 3,159,158 4,218,068 Net Ongoing Revenues 25,649,867 60,000 25,709,867 Total Expenditures 28,576,500 6,358,770 34,935,270 Less: Transfers between GF & CRF 3,084,233 - 3,084,233 Less Significant One Time Expenditures: Parking Garage Maint Reserve 101-3100-431-37-99 26,000 - 26,000 Additional Legal 80,000 80,000 2026 Election costs 35,000 35,000 Planning Security Refunds 40,000 40,000 Time-Limited OPEB 51,279 51,279 Taser Training 2,500 2,500 HR Projects 7,000 7,000 Employee Housing rental 10,350 10,350 Parks Confluence Repair 7,800 7,800 Limited Term Musuem Staff 130,840 130,840 Facility Maintenance Reserve 300,000 300,000 Police Radios 27,585 27,585 Internal Service projects- Network, Cameras, Phones, etc (73% GF alloc)196,458 196,458 Street Shop Drainage Improvement 70,000 70,000 Events Snow Plow & Gooseneck trailer 26,000 26,000 Town Clerk Document Management 30,000 30,000 Prior Year Purchase Orders Rolled from Fund Balance 477,564 477,564 Limited Term Project Manager in Facility Allocation 112,860 - 112,860 Capital 201,682 5,434,190 5,635,872 1,832,918 5,434,190 7,267,107 Net Ongoing Expenditures 23,659,349 924,580 24,583,929 Net Ongoing Rev vs Exp 1,990,518 (864,580) 1,125,938 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT GENERAL & COMMUNITY REINVESTMENT FUNDS ONGOING REVENUES VS ONGONG EXPENDITURES Dept # 2026 Adopted Original Budget Amendments 2026 Amended Budget REVENUE Taxes 20,002,124 - 20,002,124 Licenses and permits 829,950 - 829,950 Intergovernmental 422,850 1,451,260 1,874,110 Charges for services 841,933 - 841,933 Fines and forfeitures 19,000 - 19,000 Rental income 196,750 13,250 210,000 Investment income 568,000 - 568,000 Donations 57,225 - 57,225 Miscellaneous 836,435 - 836,435 Transfers-In from other funds 1,470,000 - 1,470,000 Sale of assets - - - Financing Proceeds - - - Total Revenues 25,244,267 1,464,510 26,708,777 EXPENDITURES Legislative 1100 359,305 - 359,305 Attorney 1190 525,979 - 525,979 Judicial 1200 32,148 - 32,148 Town Administrator 1300 485,246 30,422 515,668 Town Clerk 1400 369,089 64,227 433,316 Finance 1500 801,117 60,000 861,117 Planning 1600 830,033 166,318 996,351 Facilities 1700 - - - Human Resources 1800 441,985 12,000 453,985 Outside Entity Funding 1900 1,630,918 - 1,630,918 Workforce Housing 1945 - - - Police - Patrol 2100 6,250,425 71,654 6,322,079 Police - Communications 2155 1,606,369 2,571 1,608,940 Police - Support Services 2175 520,675 - 520,675 Police - Code Enforcement 2185 181,431 - 181,431 Building Safety 2300 573,063 - 573,063 Engineering 2400 717,615 56,010 773,625 Visitor Services 2600 769,353 15,134 784,487 Streets 3100 1,666,577 19,649 1,686,226 Stormwater Maintenance 3175 463,759 - 463,759 Parks 5200 1,729,547 160,626 1,890,173 Special Events 5500 3,496,810 63,793 3,560,603 Transit 5600 959,909 1,039,643 1,999,552 Museum 5700 744,841 100,728 845,569 Transfers Out 9000 3,420,306 - 3,420,306 Contingency - Grants 9000 - - - Rounding - - - Total Expenditures 28,576,500 1,862,775 30,439,275 Net Income (Loss)(3,332,233) (398,265) (3,730,498) Beginning Fund Balance 13,326,096 - 13,326,096 Reserves Included in Expenditures 26,000 - 26,000 Ending Fund Balance 10,019,863 (398,265) 9,621,598 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT SUMMARY BY FUND & DEPARTMENT GENERAL FUND # 101 Dept # 2026 Adopted Original Budget Amendments 2026 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - 74,925 74,925 Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income 60,000 - 60,000 Donations - - - Miscellaneous - - - Transfers-In from other funds 3,084,233 - 3,084,233 Sale of assets - - - Financing Proceeds - - - Total Revenues 3,144,233 74,925 3,219,158 EXPENDITURES Community Reinvestment Fund 5400 - 2,347 2,347 Capital Outlay 5400 2,222,000 3,212,190 5,434,190 Debt Service 6700 922,233 - 922,233 Transfers Out 9000 - - - Rounding - - - Total Expenditures 3,144,233 3,214,537 6,358,770 Net Income (Loss)- (3,139,612) (3,139,612) Beginning Fund Balance 4,086,092 - 4,086,092 Reserves Included in Expenditures 1,500,000 1,169,326 2,669,326 Ending Fund Balance 5,586,092 (1,970,286) 3,615,806 COMMUNITY REINVESTMENT FUND # 204 SUMMARY BY FUND & DEPARTMENT BA#1 -2026 MISC BUDGET AMENDMENT TOWN OF ESTES PARK Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental 41,000 - 41,000 Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 41,000 - 41,000 EXPENDITURES Conservation Trust Fund 10,000 19,000 29,000 Rounding - - Total Expenditures 10,000 19,000 29,000 Net Income (Loss)31,000 (19,000) 12,000 Beginning Fund Balance 166,746 - 166,746 Ending Fund Balance 197,746 (19,000) 178,746 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT BA#1 -2026 MISC BUDGET AMENDMENT TOWN OF ESTES PARK CONSERVATION TRUST FUND # 211 SUMMARY BY FUND & DEPARTMENT SUMMARY BY FUND & DEPARTMENT Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental 550,000 167,888 717,888 Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income 45,000 - 45,000 Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 595,000 167,888 762,888 EXPENDITURES Open Space 4600 249,912 10,000 259,912 Capital Outlay 4600 - 986,352 986,352 Transfers Out 9000 - - - Rounding - - - Total Expenditures 249,912 996,352 1,246,264 Net Income (Loss)345,088 (828,464) (483,376) Beginning Fund Balance 2,178,131 - 2,178,131 Ending Fund Balance 2,523,219 (828,464) 1,694,755 LARIMER COUNTY OPEN SPACE FUND # 220 Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues - - EXPENDITURES Emergency Response System 3600 - - - Debt Service 3600 - - - Capital Outlay 3600 246,415 - 246,415 Transfers Out 9000 - - - Rounding - - Total Expenditures 246,415 - 246,415 Net Income (Loss)(246,415) - (246,415) Beginning Fund Balance 251,609 - 251,609 Ending Fund Balance 5,194 - 5,194 TOWN OF ESTES PARK SUMMARY BY FUND & DEPARTMENT BA#1 -2026 MISC BUDGET AMENDMENT EMERGENCY RESPONSE SYSTEM FUND # 236 Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - Sale of assets - - Financing Proceeds - - Total Revenues - - - EXPENDITURES Community Center 3800 - - - Transfers Out 9000 - - - Rounding - - Total Expenditures - - - Net Income (Loss)- - Beginning Fund Balance 11 - 11 Ending Fund Balance 11 - 11 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT COMMUNITY CENTER FUND # 238 SUMMARY BY FUND & DEPARTMENT Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes 411,401 - 411,401 Licenses and permits - - - Intergovernmental - - - Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 411,401 - 411,401 EXPENDITURES Wildfire Mitigation EVFPD 3900 411,401 - 411,401 Transfers Out 9000 - - - Rounding - - Total Expenditures 411,401 - 411,401 Net Income (Loss)- - - Beginning Fund Balance - - - Ending Fund Balance - - - TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT SUMMARY BY FUND & DEPARTMENT WILDFIRE MITIGATION # 240 3400 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - 4,369,283 4,369,283 Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues - 4,369,283 4,369,283 EXPENDITURES Trails Expansion Operations 3400 - - - Capital Outlay 3400 - 4,777,570 4,777,570 Transfers Out 9000 - - - Rounding - - - Total Expenditures - 4,777,570 4,777,570 Net Income (Loss)- (408,287) (408,287) Beginning Fund Balance 506,490 - 506,490 Ending Fund Balance 506,490 (408,287) 98,203 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT TRAILS EXPANSION FUND # 244 SUMMARY BY FUND & DEPARTMENT Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes 571,390 - 571,390 Licenses and permits - - - Intergovernmental - 300,000 300,000 Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 571,390 300,000 871,390 EXPENDITURES Trails Expansion Operations 3400 107,071 - 107,071 Capital Outlay 3400 450,000 418,214 868,214 Transfers Out 9000 - - - Rounding - - Total Expenditures 557,071 418,214 975,285 Net Income (Loss)14,319 (118,214) (103,895) Beginning Fund Balance 659,720 - 659,720 Ending Fund Balance 674,039 (118,214) 555,825 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT SUMMARY BY FUND & DEPARTMENT TRAILS SALES TAX EXTENSION FUND # 246 Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits 22,000 - 22,000 Intergovernmental - - - Charges for services 798,250 - 798,250 Fines and forfeitures 39,000 - 39,000 Rental income - - - Investment income - - - Donations - - - Miscellaneous 500 - 500 Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 859,750 - 859,750 EXPENDITURES Parking Services Operations 5690 793,179 33,450 826,629 Capital Outlay 5690 - 569,441 569,441 Transfers Out 9000 - - - Rounding - - Total Expenditures 793,179 602,891 1,396,070 Net Income (Loss)66,571 (602,891) (536,320) Beginning Fund Balance 714,094 - 714,094 Ending Fund Balance 780,665 (602,891) 177,774 TOWN OF ESTES PARK SUMMARY BY FUND & DEPARTMENT BA#1 -2026 MISC BUDGET AMENDMENT PARKING SERVICES FUND # 256 Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes 2,102,717 - 2,102,717 Licenses and permits - - - Intergovernmental - 857,474 857,474 Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 2,102,717 857,474 2,960,191 EXPENDITURES Street Improvement Operations 2000 529,873 55,381 585,254 Capital Outlay 2000 1,295,000 3,511,170 4,806,170 Transfers Out 9000 - - - Rounding - - Total Expenditures 1,824,873 3,566,551 5,391,424 Net Income (Loss)277,844 (2,709,077) (2,431,233) Beginning Fund Balance 4,953,195 - 4,953,195 Ending Fund Balance 5,231,039 (2,709,077) 2,521,962 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT STREET IMPROVEMENT FUND # 260 SUMMARY BY FUND & DEPARTMENT Dept # 2026 Adopted Original Budget Amendments 2026 Amended Budget REVENUE Taxes 1,279,916 - 1,279,916 Licenses and permits - - - Intergovernmental - - - Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 1,279,916 - 1,279,916 EXPENDITURES Stormwater Operations 3175 197,614 1,438 199,052 Capital Outlay 3175 1,050,000 1,197,900 2,247,900 Transfers Out 9000 - - - Rounding - - Total Expenditures 1,247,614 1,199,338 2,446,952 Net Income (Loss)32,302 (1,199,338) (1,167,036) Beginning Fund Balance 1,476,196 - 1,476,196 Ending Fund Balance 1,508,498 (1,199,338) 309,160 BA#1 -2026 MISC BUDGET AMENDMENT SUMMARY BY FUND & DEPARTMENT STORMWATER FUND # 265 TOWN OF ESTES PARK Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes 5,500,000 - 5,500,000 Licenses and permits - - - Intergovernmental - 150,000 150,000 Charges for services 36,000 - 36,000 Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 5,536,000 150,000 5,686,000 EXPENDITURES Workforce Housing 1945 4,447,918 100,000 4,547,918 Childcare 1948 1,052,080 100,000 1,152,080 Capital Outlay 2000 - 10,000 10,000 Transfers Out 9000 - - - Rounding - - Total Expenditures 5,499,998 210,000 5,709,998 Net Income (Loss)36,002 (60,000) (23,998) Beginning Fund Balance 57,860 - 57,860 Ending Fund Balance 93,862 (60,000) 33,862 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT SUMMARY BY FUND & DEPARTMENT WORKFORCE HOUSING LODGING TAX FUND # 270 Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes 205,700 - 205,700 Licenses and permits - - - Intergovernmental - 6,628,394 6,628,394 Charges for services 26,098,970 - 26,098,970 Fines and forfeitures - - - Rental income - - - Investment income 400,000 - 400,000 Miscellaneous 24,000 - 24,000 Transfers-In from other funds - - - Sale of assets - - - Total Revenues 26,728,670 6,628,394 33,357,064 EXPENDITURES Source of Supply 6100 10,665,000 1,207,703 11,872,703 Distribution 6301 4,944,393 66,509 5,010,902 Customer Accounts 6401 658,971 25,800 684,771 Admin & General 6501 3,377,216 43,782 3,420,998 Debt Service 6700 2,151,855 - 2,151,855 Broadband 6900 2,568,897 139,724 2,708,621 Capital Outlay 7001 1,329,000 11,943,443 13,272,443 Transfers Out 6600 1,350,000 - 1,350,000 Rounding - - Total Expenditures 27,045,332 13,426,961 40,472,293 Net Income (Loss)(316,662) (6,798,567) (7,115,229) Beginning Fund Balance 14,160,036 - 14,160,036 Reserves Included in Expenditures 433,587 433,587 Ending Fund Balance 14,276,961 (6,798,567) 7,478,394 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT POWER AND COMMUNICATIONS FUND # 502 SUMMARY BY FUND & DEPARTMENT Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - 519,669 519,669 Charges for services 6,983,500 - 6,983,500 Fines and forfeitures - - - Rental income - - - Investment income 550,000 - 550,000 Donations - - - Miscellaneous 20,000 - 20,000 Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 7,553,500 519,669 8,073,169 EXPENDITURES Source of Supply 6100 150,000 - 150,000 Purification 6200 1,730,316 11,719 1,742,035 Distribution 6300 3,120,745 29,794 3,150,539 Customer Accounts 6400 415,623 10,200 425,823 Admin & General 6500 1,576,192 106,562 1,682,754 Debt Service 6700 921,882 - 921,882 Capital Outlay 7000 97,000 14,661,297 14,758,297 Transfers Out 6600 120,000 - 120,000 Rounding - - Total Expenditures 8,131,758 14,819,572 22,951,330 Net Income (Loss)(578,258) (14,299,903) (14,878,161) Beginning Fund Balance 18,350,449 - 18,350,449 Reserves Included in Expenditures 123,023 123,023 Ending Fund Balance 17,895,214 (14,299,903) 3,595,311 BA#1 -2026 MISC BUDGET AMENDMENT TOWN OF ESTES PARK WATER FUND # 503 SUMMARY BY FUND & DEPARTMENT Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits 810,000 - 810,000 Intergovernmental - - - Charges for services - - - Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 810,000 - 810,000 EXPENDITURES Workforce Housing Operations 1946 810,000 - 810,000 Capital Outlay 1946 - - - Transfers Out 9000 - - - Rounding - - Total Expenditures 810,000 - 810,000 Net Income (Loss)- - - Beginning Fund Balance 27,000 - 27,000 Ending Fund Balance 27,000 - 27,000 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT SUMMARY BY FUND & DEPARTMENT WORKFORCE HOUSING LINKAGE FEE FUND # 505 Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services 740,000 - 740,000 Fines and forfeitures - - - Rental income - - - Investment income 100,000 - 100,000 Donations - - - Miscellaneous 4,056,000 - 4,056,000 Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 4,896,000 - 4,896,000 EXPENDITURES Medical Insurance Fund Operations 4200 4,896,000 - 4,896,000 Contingency - Med Ins Claims 4200 - 15,000 15,000 Rounding - - Total Expenditures 4,896,000 15,000 4,911,000 Net Income (Loss)- (15,000) (15,000) Beginning Fund Balance 2,045,377 - 2,045,377 Ending Fund Balance 2,045,377 (15,000) 2,030,377 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT MEDICAL INSURANCE FUND # 606 SUMMARY BY FUND & DEPARTMENT Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services 962,627 - 962,627 Fines and forfeitures - - - Rental income - - - Investment income 25,000 - 25,000 Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 987,627 - 987,627 EXPENDITURES Fleet Maintenance 4300 1,015,447 42,091 1,057,538 Capital Outlay 7000 - 66,470 66,470 Transfers Out 9000 - - - Rounding - - Total Expenditures 1,015,447 108,561 1,124,008 Net Income (Loss)(27,820) (108,561) (136,381) Beginning Fund Balance 678,891 - 678,891 Ending Fund Balance 651,071 (108,561) 542,510 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT FLEET MAINTENANCE FUND # 612 SUMMARY BY FUND & DEPARTMENT Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services 1,113,879 - 1,113,879 Fines and forfeitures - - - Rental income - - - Investment income 30,000 - 30,000 Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 1,143,879 - 1,143,879 EXPENDITURES IT Operations 2500 1,122,109 8,800 1,130,909 Capital Outlay 2500 140,000 96,823 236,823 Transfers Out 9000 - - - Rounding - - Total Expenditures 1,262,109 105,623 1,367,732 Net Income (Loss)(118,230) (105,623) (223,853) Beginning Fund Balance 564,276 - 564,276 Ending Fund Balance 446,046 (105,623) 340,423 BA#1 -2026 MISC BUDGET AMENDMENT INFORMATION SYSTEMS TECHNOLOGY FUND # 625 SUMMARY BY FUND & DEPARTMENT TOWN OF ESTES PARK Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services 708,473 7,000 715,473 Fines and forfeitures - - - Rental income - - - Investment income 90,000 - 90,000 Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 798,473 7,000 805,473 EXPENDITURES Fleet Replacement Operations 3500 - - - Capital Outlay 7000 239,088 396,492 635,580 Transfers Out 9000 - - - Rounding - - Total Expenditures 239,088 396,492 635,580 Net Income (Loss)559,385 (389,492) 169,893 Beginning Fund Balance 2,239,436 - 2,239,436 Ending Fund Balance 2,798,821 (389,492) 2,409,329 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT VEHICLE REPLACEMENT FUND # 635 SUMMARY BY FUND & DEPARTMENT Dept # 2026 Adopted Original Budget Amendments 2024 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services 711,732 - 711,732 Fines and forfeitures - - - Rental income - - - Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds - - - Sale of assets - - - Financing Proceeds - - - Total Revenues 711,732 - 711,732 EXPENDITURES Risk Management Operations 4100 711,732 - 711,732 Rounding - - Total Expenditures 711,732 - 711,732 Net Income (Loss)- - - Beginning Fund Balance 23,400 - 23,400 Ending Fund Balance 23,400 - 23,400 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT RISK MANAGEMENT FUND # 645 SUMMARY BY FUND & DEPARTMENT Dept # 2026 Adopted Original Budget Amendments 2026 Amended Budget REVENUE Taxes - - - Licenses and permits - - - Intergovernmental - - - Charges for services - - - Fines and forfeitures - - - Rental income 1,726,962 - 1,726,962 Investment income - - - Donations - - - Miscellaneous - - - Transfers-In from other funds 336,073 - 336,073 Sale of assets - - - Financing Proceeds - - - Total Revenues 2,063,035 - 2,063,035 EXPENDITURES Facilities Operations 1700 1,772,602 311,307 2,083,909 Rounding - - Total Expenditures 1,772,602 311,307 2,083,909 Net Income (Loss)290,433 (311,307) (20,874) Beginning Fund Balance 326,529 - 326,529 Ending Fund Balance 616,962 (311,307) 305,655 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT SUMMARY BY FUND & DEPARTMENT FACILITIES FUND # 650 HTE LEGACY ACCT # ACCOUNT DESCRIPTION PA TYPE PA STRING PO # POs TO ROLL PROJECT TO ROLL TOTAL 25 BUDGET ROLLED 101-1300-413.22-98 PROF SVC 39809 3,750.00 - 3,750.00 101-1300-413.22-98 PROF SVC 40162 4,821.50 - 4,821.50 101-1300-413.23-01 PUBL FEE 40269 18,850.00 - 18,850.00 101-1300-413.23-01 PUBL FEE 40270 3,000.00 - 3,000.00 101-1400-414.22-98 PROF SVC 39342 39,810.38 - 39,810.38 101-1400-414.22-98 DOC MGT SOFTWARE & EQUIP E DOCMGT-ACQ - 24,417.00 24,417.00 101-1600-416.22-13 TEMP AGENC E DEVCOD -ACQ - -40015 116,317.82 50,000.00 166,317.82 101-1800-418.22-98 PROF SVC 40279 12,000.00 - 12,000.00 101-2100-421.22-98 PROF SVC E POMH23 -OP - -39948 2,285.72 - 2,285.72 101-2100-421.25-01 R&M-MAINT 40182 22,000.00 - 22,000.00 101-2100-421.26-46 COMM EQUIP 39765 505.92 - 505.92 101-2100-421.27-01 SAFETY EQ E BVEST -OP - -40048 9,110.00 - 9,110.00 101-2100-421.27-02 UNIFORM 40048 1,854.94 - 1,854.94 101-2155-421.26-46 COMM EQUIP 39812 2,570.71 - 2,570.71 101-2400-424.22-02 ENGINEERNG 39894 11,450.00 - 11,450.00 101-2400-424.22-02 ENGINEERNG E *FPTA -OP - -40167 44,560.00 - 44,560.00 101-2600-426.25-02 R&M-BLDG 40185 2,225.00 - 2,225.00 101-2600-426.25-02 R&M-BLDG E VCDOOR -CONSTR - -40084 10,000.00 2,908.69 12,908.69 101-3100-431.22-24 GIS E STMMNT -OP - -40238 8,347.75 - 8,347.75 101-3100-431.25-20 R&M-STREET E SNOW -OP - -40209 11,301.09 - 11,301.09 101-5200-452.25-03 R&M-FURNIT 40195 7,000.00 - 7,000.00 101-5200-452.25-37 R&M-WALSH E WALSH -OP - -40275 122,221.59 - 122,221.59 101-5200-452.25-52 R&M / WALKWAYS/BIKEWAYS E FRTREP-OP - 22,404.00 22,404.00 101-5200-452.33-98 OTHER EQ E BOBPK1 -ACQ - -40202 9,000.00 - 9,000.00 101-5500-455.22-12 PROF. SVS / CONCERT CONTRACT E ECBARN-CONSTR - 45,000.00 45,000.00 101-5500-455.25-02 R&M-BLDG 40185 1,727.00 - 1,727.00 101-5500-455.25-02 R&M-BLDG 40189 4,958.00 - 4,958.00 101-5500-455.25-11 R&M-OTHER E MPEC -OP - -40001 25.00 - 25.00 101-5500-455.29-18 RODEO E SEROOF -OP - -39981 3,083.37 - 3,083.37 101-5600-456.22-60 TRANSP FEE E *TR25B -OP - -40032 2,898.70 480,030.30 482,929.00 101-5600-456.22-60 TRANSP FEE E CMAQTR -OP - -40032 - 506,713.60 506,713.60 101-5600-456.33-33 DATA PROCESSING EQUIPMENT E CMAQTR -OP - -50,000.00 50,000.00 101-5600-333.00-00 FEDERAL GRANT F CMAQTR -OP - -(1,012,685.00) (1,012,685.00) 101-5700-457.25-11 R&M-OTHER E *MUS -OP - -40010 1,887.50 - 1,887.50 204-0000-333.00-00 FEDERAL GRANT F NEAHR-FEDERAL - (74,925.00) (74,925.00) 204-5400-544.22-98 PROF SVC E SPMP23 -OP - -39457 2,347.16 - 2,347.16 204-5400-544.32-21 CAPITAL - BUILDINGS / NEW BUILDINGS E ECSTOR-CONSTR - 479,973.00 479,973.00 204-5400-544.32-22 BLDG REMOD 40208 1,500.00 - 1,500.00 204-5400-544.32-22 CAPITAL - BUILDINGS / BUILDING REMODELING E MPECPV-CONSTR - 10,000.00 10,000.00 204-5400-544.32-22 BLDG REMOD E MUSADD -CONSTR - -40173 187,417.50 123,184.72 310,602.22 204-5400-544.32-22 BLDG REMOD E NEWPD -CONSTR - - 39931 & 40245 7,292.05 2,129.10 9,421.15 204-5400-544.32-22 CAPITAL - BUILDINGS / BUILDING REMODELING E PERFPK-CONSTR - 51,392.59 51,392.59 204-5400-544.32-22 CAPITAL - BUILDINGS / BUILDING REMODELING E SATHYD-CONSTR - 4,620.73 4,620.73 204-5400-544.32-22 BLDG REMOD E STSHOP -CONSTR - - 40243 & 40251 4,800.00 1,357.27 6,157.27 204-5400-544.32-22 CAPITAL - BUILDINGS / BUILDING REMODELING E THRECD-CONSTR - 10,777.44 10,777.44 204-5400-544.32-22 CAPITAL - BUILDINGS / BUILDING REMODELING E THREST-CONSTR - 34,273.00 34,273.00 204-5400-544.32-22 BLDG REMOD E VCDOOR -CONSTR - -40084 694.77 19,305.23 20,000.00 204-5400-544.32-23 EMPLOYEE HOUSING E 179STN-CONSTR - 25,333.75 25,333.75 204-5400-544.33-31 FURN/FIXT E ACUNIT -ACQ - -40250 - 42,180.44 42,180.44 204-5400-544.33-31 CAPITAL - EQUIPMENT / FURNITURE/FIXTURES E MUSCSH-ACQ - 103,198.27 103,198.27 204-5400-544.33-33 DATA EQUIP E ERP22 -ACQ - -39785 9,200.93 228,901.71 238,102.64 204-5400-544.33-98 CAPITAL - EQUIPMENT / OTHER EQUIPMENT E 23SWPR-CONSTR - 11,297.00 11,297.00 204-5400-544.33-98 CAPITAL - EQUIPMENT / OTHER EQUIPMENT E ECSEC-ACQ - 46,877.81 46,877.81 204-5400-544.33-98 CAPITAL - EQUIPMENT / OTHER EQUIPMENT E MUSALM-ACQ - 24,500.00 24,500.00 204-5400-544.33-98 CAPITAL - EQUIPMENT / OTHER EQUIPMENT E MUSECC-ACQ - - - 204-5400-544.33-98 CAPITAL - EQUIPMENT / OTHER EQUIPMENT E NEAHR-ACQ - 70,157.15 70,157.15 204-5400-544.33-98 OTHER EQ E G38 - ACQ 9,945.00 555.00 10,500.00 204-5400-544.35-51 STREETS E 43MMTP -CONSTR - -39396 65.86 5,953.74 6,019.60 204-5400-544.35-51 STREETS E COMMDR -CONSTR - -39622 2,061.29 275,086.71 277,148.00 204-5400-544.35-53 CAPITAL/INFRASTRUCTURE / STORM DRAINAGE E BIGTHF-DESIGN - 2,500.00 2,500.00 204-5400-544.35-60 WALKWAYS E FRTR43 -CONSTR - -39803 11,226.58 - 11,226.58 204-5400-544.35-60 CAPITAL/INFRASTRUCTURE / WALKWAYS & BIKEWAYSE WVSIDE-CONSTR - 120,000.00 120,000.00 204-5400-544.35-63 CAPITAL/INFRASTRUCTURE / WAYFINDING SIGNAGE PROJECEWAYFND-CONSTR - 115,105.00 115,105.00 211-5900-459.35-61 CAPITAL/INFRASTRUCTURE / PARK IMPROVEMENTSE THMBPK-CONSTR - 19,000.00 19,000.00 220-0000-334.10-00 STATE GOVERNMENT REVENUE / CAPITAL GRANTSF FRTR1B -STATE - - - (167,887.53) (167,887.53) 220-4600-462.22-13 PROF. SVS / CONTRACT LABOR (TEMP AGENCY) E *THUMB-OP - 10,000.00 10,000.00 220-4600-462.33-98 CAPITAL - OTHER EQUIPMENT E SUSNOW-ACQ - 3,927.00 3,927.00 220-4600-462.35-60 WALKWAYS E TR34-1 -CONSTR - -40097 269,424.54 30,575.46 300,000.00 220-4600-462.35-61 CAPITAL/INFRASTRUCTURE / PARK IMPROVEMENTSE LANDSP-CONSTR - 58,059.71 58,059.71 220-4600-462.35-61 PARK IMPR E PKMSTR -DESIGN - -40047 77,473.30 - 77,473.30 220-4600-462.35-61 CAPITAL/INFRASTRUCTURE / PARK IMPROVEMENTSE THGATE-CONSTR - 16,000.00 16,000.00 220-4600-462.35-61 CAPITAL/INFRASTRUCTURE / PARK IMPROVEMENTSE THTIMP-CONSTR - 23,669.00 23,669.00 220-4600-462.35-61 CAPITAL/INFRASTRUCTURE / PARK IMPROVEMENTSE ISLIMP-CONSTR - 60,000.00 60,000.00 TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT PROJECT & PURCHASE ORDER ROLLFORWARD HTE LEGACY ACCT # ACCOUNT DESCRIPTION PA TYPE PA STRING PO # POs TO ROLL PROJECT TO ROLL TOTAL 25 BUDGET ROLLED TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT PROJECT & PURCHASE ORDER ROLLFORWARD 220-4600-462.36-60 FLAP GRANT E FRTR1B -CONSTR - -39088 108,441.75 338,781.34 447,223.09 244-0000-333.00-00 FEDERAL GRANT F FRTR1A-FEDERAL - (570,726.47) (570,726.47) 244-0000-333.00-00 FEDERAL GRANT F FRTR43 -FEDERAL - - - (3,738,557.00) (3,738,557.00) 244-0000-334.40-00 PRIVATE/FOUNDATION GRANTS F FRTR2B -LOCAL - - - (60,000.00) (60,000.00) 244-3400-434.35-60 WALKWAYS E FRTR1A -CONSTR - -39064 3,187.50 - 3,187.50 244-3400-434.35-60 CAPITAL/INFRASTRUCTURE / WALKWAYS & BIKEWAYSE TR34-2-CONSTR - 227,000.00 227,000.00 244-3400-434.36-60 FLAP GRANT E FRTR1A -CONSTR - -39088 307,799.71 32,058.91 339,858.62 244-3400-434.36-60 FLAP GRANT E FRTR2B -CONSTR - -39088 9,976.80 10,491.90 20,468.70 244-3400-434.36-60 CAPITAL/INFRASTRUCTURE / FED GRANT-FLAP E FRTR43 -CONSTR - -39803 4,439.00 4,182,615.00 4,187,054.00 246-0000-334.10-00 STATE GRANT F MORAV1-STATE - (300,000.00) (300,000.00) 246-3400-434.35-60 WALKWAYS E GRAVES -CONSTR - -39781 12,215.00 32,998.88 45,213.88 246-3400-434.35-60 CAPITAL/INFRASTRUCTURE / WALKWAYS & BIKEWAYSE MORAV1-CONSTR - 300,000.00 300,000.00 246-3400-434.35-60 CAPITAL/INFRASTRUCTURE / WALKWAYS & BIKEWAYSE TR34-2-CONSTR - 73,000.00 73,000.00 256-5690-569.22-13 TEMP AGENC 39936 21,050.40 - 21,050.40 256-5690-569.32-21 BLDGS E BHPKGS -DESIGN - -40085 444,190.68 96,750.00 540,940.68 256-5690-569.33-98 CAPITAL - EQUIPMENT / OTHER EQUIPMENT E LPEQUP-ACQ - 28,500.00 28,500.00 260-0000-334.30-00 STATE GOVERNMENT REVENUE/CAPITAL GRANTSF EPMOB1-STATE - (109,476.00) (109,476.00) 260-0000-334.30-00 STATE GOVERNMENT REVENUE / CAPITAL GRANTSF EPMOBH-STATE - (747,998.00) (747,998.00) 260-2000-420.22-02 ENGINEERNG E OVRLAY -CONSTR - -40258 55,380.65 - 55,380.65 260-2000-420.35-51 CAPITAL/INFRASTRUCTURE / STREETS E CLEAV1-CONSTR - 34,911.93 34,911.93 260-2000-420.35-51 STREETS E CLEAVE -CONSTR - -39846 417,977.86 699,457.53 1,117,435.39 260-2000-420.35-51 CAPITAL/INFRASTRUCTURE / STREETS E ELKRHB-CONSTR - 405,000.00 405,000.00 260-2000-420.35-51 CAPITAL/INFRASTRUCTURE / STREETS E OVRLAY-CONSTR - 325,028.00 325,028.00 260-2000-420.35-51 STREETS E WTBRP4 -CONSTR - -40044 26,449.46 306,802.47 333,251.93 260-2000-420.35-52 PKG LOT E EPMOB1 -DESIGN - -40211 128,600.00 - 128,600.00 260-2000-420.35-52 CAPITAL/INFRASTRUCTURE / PARKING LOT E EPMOBH-CONSTR - 1,023,942.50 1,023,942.50 260-2000-420.35-52 CAPITAL/INFRASTRUCTURE / PARKING LOT E PARKLT-CONSTR - 143,000.00 143,000.00 265-3175-431.22-02 ENGINEERNG E STMMNT -OP - -40238 1,437.50 - 1,437.50 265-3175-431.35-21 BRIDGES E PRFBRG -OP - - 40183 & 40168 348,348.69 129,863.62 478,212.31 265-3175-431.35-53 CAPITAL-STRM DRN-RIVERS/CREEKS E STMPH1-CONSTR - 719,687.00 719,687.00 270-0000-334.20-00 STATE GRANT F HPLN25-STATE - (75,000.00) (75,000.00) 270-0000-334.20-00 STATE GRANT F DAY26-STATE - (75,000.00) (75,000.00) 270-1945-419.22-98 PS/OTHER PROFESSIONAL SERVICES E HPLN25-OP - 100,000.00 100,000.00 270-1948-419.22-98 PS/OTHER PROFESSIONAL SERVICES E DAY26-OP - 100,000.00 100,000.00 270-1948-419.32-21 CAPITAL - BUILDINGS / NEW BUILDINGS E 6EARPA-CONSTR - (0.00) (0.00) 270-1948-419.32-21 CAPITAL - NEW BUILDINGS E FDGF-CONSTR - 10,000.00 10,000.00 502-0000-333.00-00 FEDERAL GRANT F BEAD-FEDERAL - (5,892,567.00) (5,892,567.00) 502-0000-333.00-00 FEDERAL GRANT F GRIDHD-FEDERAL - (354,398.20) (354,398.20) 502-0000-333.00-00 FEDERAL GRANT F WILFRE-FEDERAL - (381,429.00) (381,429.00) 502-6100-520.28-08 PURCH PWR 39913 1,207,703.35 - 1,207,703.35 502-6301-540.25-32 R&M-PWRLIN 40177 30,462.00 - 30,462.00 502-6301-540.25-32 R&M-PWRLIN 40203 36,046.80 - 36,046.80 502-6501-560.22-89 FIN STUDY 40090 5,782.10 - 5,782.10 502-6900-669.22-13 TEMP AGENC 40092 71,318.24 - 71,318.24 502-6900-669.25-32 R&M-PWRLIN 40239 51,589.50 - 51,589.50 502-6900-669.26-32 SOFTWARE 39929 3,703.32 - 3,703.32 502-6900-669.28-30 BANDWITH 40093 13,112.70 - 13,112.70 502-7001-580.32-22 CAPITAL - BUILDINGS / BUILDING REMODELING E PCUPST-CONSTR - 20,292.57 20,292.57 502-7001-580.33-33 DATA EQUIP E ADMSIM -CONSTR - - 40175 & 40067 173,205.00 324,237.50 497,442.50 502-7001-580.33-33 DATA EQUIP E ERP22 -ACQ - -39785 3,000.71 359,299.46 362,300.17 502-7001-580.33-34 CAPITAL - EQUIPMENT / METERS E CTPTUP-CONSTR - 50,000.00 50,000.00 502-7001-580.33-36 CAPITAL - EQUIPMENT / COMMUNICATION EQUIPMENTE EQUIP-ACQ - 46,463.80 46,463.80 502-7001-580.33-41 CAPITAL - EQUIPMENT / TOOLS E EQUIP-ACQ - 76,519.77 76,519.77 502-7001-580.34-42 CAPITAL - VEHICLES / TRUCKS E 93330C-ACQ - 300,000.00 300,000.00 502-7001-580.34-42 CAPITAL - VEHICLES / TRUCKS E 93331C-ACQ - 219,507.95 219,507.95 502-7001-580.34-42 CAPITAL - VEHICLES / TRUCKS E 93339A-ACQ - 300,000.00 300,000.00 502-7001-580.34-42 CAPITAL - VEHICLES / TRUCKS E 93341A-ACQ - 61,809.89 61,809.89 502-7001-580.35-55 ST LIGHTS E LIGHTS -CONSTR - -39983 3,300.00 21,542.82 24,842.82 502-7001-580.35-57 CAPITAL/INFRASTRUCTURE / POWER LINE CONSTRUCTIONEFRMG1A-CONSTR - 235,358.10 235,358.10 502-7001-580.35-57 CAPITAL/INFRASTRUCTURE / POWER LINE CONSTRUCTIONEGRIDHD-CONSTR - 329,241.96 329,241.96 502-7001-580.35-57 CAPITAL/INFRASTRUCTURE / POWER LINE CONSTRUCTIONEWILFRE-CONSTR-OTHER - 646,488.30 646,488.30 502-7001-580.35-57 CAPITAL/INFRASTRUCTURE / POWER LINE CONSTRUCTIONELRBLDS-CONSTR - 217,443.63 217,443.63 502-7001-580.35-59 CAPITAL/INFRASTRUCTURE / CUSTOMER SERVICE LINES WOKEXT-CONSTR - 572,836.22 572,836.22 502-7001-580.35-62 CAPITAL/INFRASTRUCTURE / MASTER PLANS E LPMSTR-ACQ - 50,000.00 50,000.00 502-7001-580.35-66 FIBER INST 40144 1,138.14 - 1,138.14 502-7001-580.35-66 CAPITAL/INFRASTRUCTURE / FIBER OPTIC INSTALLE BEAD-CONSTR - 7,856,756.00 7,856,756.00 502-7001-580.35-66 CAPITAL/INFRASTRUCTURE / FIBER OPTIC INSTALLE TBDOLA-CONSTR - (0.00) (0.00) 502-7001-580.37-01 CAPITAL-INTANGIBLE / SOFTWARE DEVELOPMENTE SMTGRD-CONSTR - 75,000.00 75,000.00 503-0000-333.00-00 FEDERAL GRANT F CAHILLSK-FEDERAL - (519,669.34) (519,669.34) 503-6200-530.25-98 R&M-OTHER 40089 11,719.09 - 11,719.09 503-6300-540.22-02 ENGINEERNG 40016 9,188.00 - 9,188.00 503-6300-540.25-01 R&M-MAINT 40274 5,706.12 - 5,706.12 503-6300-540.26-32 SOFTWARE 40089 10,000.00 - 10,000.00 HTE LEGACY ACCT # ACCOUNT DESCRIPTION PA TYPE PA STRING PO # POs TO ROLL PROJECT TO ROLL TOTAL 25 BUDGET ROLLED TOWN OF ESTES PARK BA#1 -2026 MISC BUDGET AMENDMENT PROJECT & PURCHASE ORDER ROLLFORWARD 503-6300-540.26-33 DATA EQUIP 40089 4,900.00 - 4,900.00 503-6500-560.22-02 ENGINEERNG 39949 50,000.00 - 50,000.00 503-6500-560.22-02 ENGINEERNG 40016 13,578.47 - 13,578.47 503-6500-560.22-02 ENGINEERNG 40223 42,984.00 - 42,984.00 503-7000-580.32-22 CAPITAL - BUILDINGS / BUILDING REMODELING E GCVALV-CONSTR - 20,018.00 20,018.00 503-7000-580.32-22 CAPITAL - BUILDINGS / BUILDING REMODELING E WELECT-CONSTR - 13,855.22 13,855.22 503-7000-580.33-30 CAPITAL - EQUIPMENT / STATION EQUIPMENT E SCADAI-CONSTR - 305,000.00 305,000.00 503-7000-580.33-33 DATA EQUIP E ERP22 -ACQ - -39785 6,200.24 184,319.87 190,520.11 503-7000-580.33-34 CAPITAL - EQUIPMENT / METERS E GCRAWM-CONSTR - 25,000.00 25,000.00 503-7000-580.33-36 CAPITAL - EQUIPMENT / COMMUNICATION EQUIPMENTE BACTST-CONSTR - 65,797.32 65,797.32 503-7000-580.33-37 CAPITAL - EQUIPMENT / LABORATORY EQUIPMENTE BACTST-CONSTR - 5,536.06 5,536.06 503-7000-580.33-37 CAPITAL - EQUIPMENT / LABORATORY EQUIPMENTE IONCHR-ACQ - 2,834.46 2,834.46 503-7000-580.33-40 CAPITAL - EQUIPMENT / PURIFICATION EQUIPMENTE GCBKWS-CONSTR - 40,000.00 40,000.00 503-7000-580.33-40 CAPITAL - EQUIPMENT / PURIFICATION EQUIPMENTE PUMPUP-CONSTR - 35,000.00 35,000.00 503-7000-580.34-42 CAPITAL - VEHICLES / TRUCKS E 93324C-ACQ - 85,000.00 85,000.00 503-7000-580.34-98 CAPITAL - VEHICLES / OTHER MACHINERY/EQUIPMENTE MLAIRC-ACQ - 25,000.00 25,000.00 503-7000-580.35-54 WTR SYSTEM E CAHILLSK -CONSTR -CARRIAGE -40184 4,673,578.75 266,567.75 4,940,146.50 503-7000-580.35-54 WTR SYSTEM E CAHILLSK -CONSTR -SKNOBE -40184 827,320.50 228,315.50 1,055,636.00 503-7000-580.35-54 WTR SYSTEM E CAHILLSK -CONSTR -SKNOBI -40184 409,889.50 (129,999.50) 279,890.00 503-7000-580.35-54 WTR SYSTEM E PMLOAN -CONSTR - - 39312 & 37295 1,324,984.85 1,591,176.47 2,916,161.32 503-7000-580.35-54 CAPITAL/INFRASTRUCTURE / WATER SYSTEM E WTBRP4-CONSTR - 386,948.19 386,948.19 503-7000-580.35-54 NCWCD MUNICIPAL INCLUSIONS E NCWCD-OP - 71,658.00 71,658.00 503-7000-580.35-54 WTR SYSTEM E MALLRO-CONSTR 52,602.36 3,860,927.58 3,913,529.94 503-7000-580.35-62 MASTER PLN E WTRMPL -OP - -40222 54,995.25 228,770.79 283,766.04 612-4300-610.25-02 R&M-BLDG 40185 4,875.00 - 4,875.00 612-7000-610.32-22 CAPITAL - BUILDINGS / BUILDING REMODELING E FLSHOP-DESIGN - 6,970.44 6,970.44 612-7000-610.32-22 BLDG REMOD E WELDTN -ACQ - -40276 53,000.00 - 53,000.00 612-7000-610.34-42 CAPITAL - VEHICLES / TRUCKS E G61D-ACQ - 6,500.00 6,500.00 625-2500-425.26-33 DATA EQUIP 40278 6,000.00 - 6,000.00 625-2500-425.27-04 TRAINING 40157 2,800.00 - 2,800.00 625-2500-425.32-22 BUILDING REMODELING E OFC203-CAP - 7,985.40 7,985.40 625-2500-425.33-36 CAPITAL - EQUIPMENT / COMMUNICATION EQUIPMENTE PHONE-ACQ - 15,000.00 15,000.00 625-2500-425.33-98 OTHER EQ E NETWRK -ACQ - -40233 2,278.00 - 2,278.00 625-2500-425.33-98 OTHER EQ E NETWRK -ACQ - -40252 29,904.90 - 29,904.90 625-2500-425.33-98 OTHER EQ E NETWRK -ACQ - -40253 21,655.22 - 21,655.22 625-2500-425.33-98 OTHER EQ E NETWRK -ACQ - -40265 15,000.00 - 15,000.00 625-2500-425.33-98 OTHER EQ E NETWRK -ACQ - -40266 5,000.00 - 5,000.00 635-7000-435.34-42 TRUCKS E G53A -ACQ - - 40006 & 40002 323,605.53 3,994.47 327,600.00 635-7000-435.34-44 PD VEHICLE E G102E -ACQ - -40257 25,426.00 5,520.00 30,946.00 635-7000-435.34-44 PD VEHICLE E G78D -ACQ - -40256 25,426.00 5,520.00 30,946.00 650-1700-417.25-02 R&M-BLDG 39904 2,948.55 - 2,948.55 650-1700-417.25-02 R&M-BLDG 39965 7,900.00 - 7,900.00 650-1700-417.25-02 R&M-BLDG 40185 4,380.00 - 4,380.00 650-1700-417.25-02 R&M-BLDG 40267 5,738.69 - 5,738.69 650-1700-417.25-02 R&M-BLDG E MUNIBL -OP - -40174 7,848.94 - 7,848.94 650-1700-417.25-11 R&M-OTHER 39961 1,750.00 - 1,750.00 650-1700-417.25-11 R&M-OTHER E *MUS -OP - -40010 575.00 - 575.00 650-1700-417.25-11 R&M-OTHER E *THPR -OP - -39950 675.00 - 675.00 650-1700-417.25-11 R&M-OTHER E *VC -OP - -39991 2,930.00 - 2,930.00 650-1700-417.26-67 DUTY HOUSE 40157 1,000.00 - 1,000.00 650-1700-417.27-04 TRAINING 40157 1,040.00 - 1,040.00 650-1700-417.28-06 TRASH 39970 15,000.00 - 15,000.00 650-1700-417.32-22 BLDG REMOD 40208 15,980.00 - 15,980.00 650-1700-417.32-22 BLDG REMOD E PKGRES -RESERVE - -40221 18,150.00 - 18,150.00 650-1700-417.32-22 BLDG REMOD E VCDOOR -CONSTR - -40235 21,011.00 4,380.00 25,391.00 12,670,412.79 17,581,328.95 30,251,741.74 2026 Amended Budget 2026 Budget Amendment #2 Total Expenditures: $138,496,008 Change to Expenditures: $3,752,172 We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Attachment 3 2026 Budget Changes for Amendment #2 General Fund - $1,630,270 Community Reinvestment Fund - 360,000 Larimer County Open Space Fund - 5,679,040 Street Improvement Fund - 1,183,235 Power & Communications Fund 5,413,847) Water Fund – (352,948) Fleet Maintenance Fund - 406,422 Vehicle Replacement Fund - 100,000 Facilities Management Fund - 160,000 2026 Budget Amendment Summary Maintains fund security, with balances at or above target Finance Policy 660 restrictions are met General Fund 2026 ending fund balance is 29.1% as projected Combined with Community Reinvestment Fund, ending fund balance is 36.4% of operating expenditures Ongoing expenditures do not exceed revenues and available fund balance Estimated Fund Balances will be updated after completion of the audit in September 2026 2026 Proposed Budget Changes Fund Amount Description General Fund $1,630,270 312,000 Landfill Mitigation Grants; 210,315 Co-Responder Grant 10,235 Bullet Proof Vest Grant 1,097,720 Transfers for one-time projects from excess fund balance Community Reinvestment Fund $360,000 $300,000 Police Facility reserve 60,000 Event Center storage building Larimer County Open Space Fund $5,679,040 $5,679,040 for Moraine multi-modal trail grant 2026 Proposed Budget Changes (con’t) Fund Amount Description Street Improvement Fund $1,183,235 $1,183,235 reimbursable paving for EVPRD Power & Communication $(5,413,847) 5,892,567) removal of BEAD grant 10,000 interest on deposits refunded 25,000 write-off of uncollectible 377,720 Five IntelliRuptors 66,000 Sprypoint billing software Water Fund $(352,948)$(386,946) close-out of WTBRP4 project 34,000 Sprypoint billing software 2026 Proposed Budget Changes (con’t) Fund Amount Description Fleet Maintenance Fund $406,422 346,422 Work order parts (has corresponding billing revenue) 60,000 Fleet utilization study Vehicle Replacement Fund $100,000 $100,000 Catchup contribution for increased replacement costs Facility Management Fund $160,000 $160,000 Additional repairs for aging buildings 2026 Budget Amendment #2 Questions and Discussion 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: Trevor Wittwer, PE, Town Engineer Department: Public Works Date: Subject: Type: July 28, 2026 Resolution 91-26 Approving a Memorandum of Understanding between the Town of Estes Park and the Estes Valley Recreation and Park District and Change Order to the 2026 Ov erlay and Patching contract with Coulson Excavating, Inc., $1,183,234.10, Budgeted Resolution Objective: Public Works staff seek Town Board approval to enter a Memorandum of Understanding (MOU) with the Estes Valley Recreation and Park District (EVRPD) for the purposes of coordinating efforts for respective paving needs, and approval of a change order to the 2026 Overlay and Patching Program with Coulson Excavating, Inc. Coulson). Present Situation: Coulson is under contract with the Town for the 2026 Overlay and Patching project, which includes curb, gutter, and trail work along Community Drive between Manford Avenue and N St. Vrain Avenue (US 36). The EVRPD planned parking lot improvements at Stanley Park which include concrete and asphalt paving. To streamline the projects, and ensure uniform progression without overlapping conflicts, the MOU will establish the EVRPD work to be performed by the Town’s contractor under the 2026 Overlay and Patching contract. Proposal: Public Works staff recommend Town Board approval of the MOU with EVRPD and change order with Coulson. Engineering staff will work with EVRPD staff to monitor and inspect construction activities to ensure a satisfactory product for the parking lot. Advantages: Town staff review and involvement for permanent infrastructure improvements on Town owned property. Overall cost savings to taxpayers within the EVRPD boundaries due to coordinated efforts to combine projects in the same vicinity with the same contractor. Disadvantages: Construction activity will be disruptive, especially to Stanley Park users. Action Recommended: Public Works staff respectfully request that the Board approve the MOU with EVRPD and change for Coulson’s contract. Finance/Resource Impact: There is no financial impact to the Town. The EVRPD will provide funds for their portion of the work. The total of $1,183,234.10 includes $75,000 for contingency. Level of Public Interest: Public interest in this project will be high during construction. Sample Motion: I move for the approval/denial of Resolution 91-26 Attachments: 1. Resolution 91-26 2. Memorandum of Understanding 3. Change Order – Coulson Excavating, Inc. RESOLUTION 91-26 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF ESTES PARK AND THE ESTES VALLEY RECREATION AND PARK DISTRICT AND A CHANGE ORDER FOR 2026 OVERLAY AND PATCHING PROGRAM WITH COULSON EXCAVATING, INC. WHEREAS, the Town Board desires to enter the MOU referenced in the title of this resolution for the purpose of coordinating efforts to accomplish respective paving needs; and WHEREAS, the Town Board wishes to approve a change order to a construction contract referenced in the title of this resolution for the 2026 Overlay and Patching program with Coulson Excavating, Inc., to accomplish the purposes of the MOU. 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 Memorandum of Understanding and change order referenced in the title of this resolution in substantially the form now before the Board. DATED this 28th day of July, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Attachment 2 Exhibit A UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD UTSD CONTRACT CHANGE ORDER NO.9 7/16/2026 Contractor Coulson Excavating Company Jamin Rucker Address 3609 Madison Ave 2026 Overlay & Patching City State Zip Loveland, CO 80538 2026 OLP Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed. 1 Reason for change (narrative) 2a Description of change (narrative) 2b NO.ITEM NO.ITEM DESCRIPTION CURRENT CONTRAC T QTY UNIT BID UNIT COST CURRENT ITEM COST C. O. QTY C. O. AMT ADJUSTED ITEM COST 1,108,234.10 Contingency $75,000.00 1,183,234.10 COSTS Original contract amount (2026)$1,384,209.50 Change in contract costs previous change orders (2026)78,325.00$ Adjusted contract amount (2026)$1,462,534.50 Change in contract cost this change order $1,183,234.10 Adjusted contract amount $2,645,768.60 Adjusted contract amount %45% TIME Original Completion date (2024)8/30/2024 date Change in contract time previous change orders (2024)date Final completion date (2024)3/1/2025 date Adjusted contract time date Milestone #1 Completion Date (2026)6/30/2026 Final Completion date (2026)10/31/2026 date APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto. TOWN OF ESTES PARK CONTRACTOR Approved by Project Manager Date Contractor signature Date Approved by Engineering Manager Date Contractor title Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR $30,000 DIRECTOR $50,000 Approved by Town Administrator Date T. ADMINISTRATOR ####### MAYOR/ BOARD >$100,000 Copies to: project file, Finance Dept, Town Clerk Approved by Mayor/ Board Date Signature appropriate to authority level only required SEE ATTACHED BID SCHEDULE Date Submitted by Project name Project# Addition of EVRPD work to Coulson's contract. Scope of work includes: grading, excavation, concrete curb and gutter, sidewalk, storm sewer, asphalt paving, striping, seeding. Combining Town's scope and EVRPD scope will streamline the projects and avoid unnecessary conflicts, which will also save taxpayer dollars in the district. Addition of parking lot improvements at Stanley Park to be paid by EVRPD under the Town's contract with Coulson. Page 1 of 1 Attachment 3 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: Dan Kramer, Town Attorney Date: July 28, 2026 Subject: Rescheduling the June 22, 2027 Town Board Meeting to June 29, 2027 Type: Other: Administrative Objective: Reschedule the June 22, 2027 Town Board Meeting to June 29, 2027. Present Situation: The 2027 Colorado Municipal League Annual Conference is scheduled for June 22-25, 2027, in Keystone. The conference provides unparalleled opportunities for Town Board members to learn about the issues facing cities and towns across the state and make connections with other municipal leaders. Unfortunately, the conference tends to conflict each year with the second Board meeting in June, making attendance difficult and contributing to declining Town attendance over the years. Many municipalities simply cancel their conflicting meetings to attend the conference. Proposal: Fortunately, there are five Tuesdays in June of 2027. The Board can cancel the June 22 regular meeting, and the Mayor can call a June 29 special meeting, without disrupting the timely flow of agenda items coming to the Board. The special Board meeting would function as a typical meeting. After the conference, the Board can debrief the conference and consider attendance in future years. Advantages: Board members will have a more realistic option of attending a conference which they may find to be of meaningful value to the community. Disadvantages: The Town Clerk’s Office and the Public Information Officer would have to communicate the schedule change to Town staff and the public. Action Recommended: Approve the rescheduling, which will act to cancel the regular meeting and, with the Mayor’s assent, will also constitute calling the special meeting. Finance/Resource Impact: None. Level of Public Interest: Low: mainly the interest in knowing when the meeting will occur. Sample Motion: I move to reschedule the June 22, 2027 Town Board meeting to June 29, 2027.