HomeMy WebLinkAboutPACKET Town Board 2018-03-13The Mission of the Town of Estes Park is to provide high‐quality, reliable
services for the benefit of our citizens, guests, and employees, while
being good stewards of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town
services, programs, and activities and special communication arrangements for persons
with disabilities. Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, March 13, 2018
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
Town Administrator Policy Governance Report, Policies 3.1, 3.2, 3.4, 3.5, 3.6, 3.9,
3.10, 3.11.
1. CONSENT AGENDA:
1. Town Board Minutes dated February 27, 2018 and Study Session dated February
27, 2018.
2. Bills.
3. Committee Minutes – None.
4. Special Meeting of the Town Board, Estes Valley Planning Commission & Larimer
County Commissioners Minutes dated February 22, 2018.
5. Family Advisory Board Minutes dated February 1, 2018 (acknowledgement only).
6. Estes Park Board of Adjustments Minutes dated November 7, 2017 December 5,
2017 (acknowledgement only).
7. Parks Advisory Board Bylaw Update.
8. Transportation Advisory Board Bylaw Update.
9. Town Administrator Policy Governance Report Acceptance.
Prepared 03/02/2018
*Revised 03/08/2018
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
10. Board of Appeals Appointments:
Brad Klein, Reappointment, 3-year term expiring May 1, 2021
Joe Calvin, Reappointment, 5-year term expiring May 1, 2023
11. Transportation Advisory Board Appointments:
John “Gordon” Slack, Reappointment, 3-year term expiring March 31, 2021
2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE #03-18 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT
CODE §11.4 ADDING A SUBSECTION FOR A “RESTRICTIVE COVENANT
AND AGREEMENT” WITHIN THE INCENTIVES FOR ATTAINABLE AND
WORKFORCE HOUSING. Planner Woeber.
3. ACTION ITEMS:
1. RESOLUTION #05-18 - 2018 SUPPLEMENTAL BUDGET APPROPRIATION FOR
DOWNTOWN ESTES LOOP RIGHT-OF-WAY ACQUISITIONS. Director Muhonen &
Director Hudson.
2. CONTRACT TO BUY REAL ESTATE - LOT 1 KEARNEY MINOR SUBDIVISION
(1360 BROOK DRIVE) – WATER DIVISION. Director Bergsten.
3. RESOLUTION #06-18 - 2018 SUPPLEMENTAL BUDGET APPROPRIATION FOR
PURCHASE OF LOT 1 KEARNEY MINOR SUBDIVISION. Director Hudson.
4. ADJOURN.
*
TOWN ADMINISTRATOR
Frank Lancaster
Town Administrator
970.577.3705
flancaster@estes.org
MEMORANDUM
DATE: March 13th, 2017
TO: Board of Trustees
FROM: Frank Lancaster, Town Administrator
SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS
(QUARTERLY MONITORING REPORT POLICY 3.3)
Board Policy 2.3 designates specific reporting requirements for me to provide
information to the Board. Each March I report on the following staff limitations:
Policy 3.1 Customer Service
Policy 3.2 Treatment of Staff
Policy 3.4 Financial Condition and Activities
Policy 3.5 Asset Protection
Policy 3.6 Emergency Town Administrator Backup and Replacement
Policy 3.9 Communication and Support to the Board
Policy 3.10 Capital Equipment and Improvements Programming
Policy 3.11 General Town Administrator Constraint – Quality of Life
This report constitutes my assurance that, as reasonably interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
________________________
Frank Lancaster
Town Administrator
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3.1 The quality of life in The Town of Estes Park depends upon the
partnership between citizens, elected officials and Town employees.
Therefore, within the scope of his/her authority, the Town Administrator shall
not fail to ensure high standards regarding the treatment of our citizens.
3.1.1 The Town Administrator shall not fail to encourage the following basic
attitudes in employees:
3.1.1.1 The Citizens of The Town of Estes Park deserve the best possible
services and facilities given available resources.
3.1.1.2 Prompt action is provided to resolve problems or issues.
3.1.1.3 Attention is paid to detail and quality service is provided that
demonstrates a high level of professionalism.
3.1.1.4 Each employee represents excellence in public service.
3.1.1.5 Each employee is “the Town” in the eyes of the public.
Interpretation – I interpret this to mean that customer service is stressed in
training and in performance evaluations of all staff, and staff is held
accountable for providing a high level of customer service. This does not
mean that the customer always gets everything they are requesting or
demanding. Sometimes staff is in a position to say “no” or must enforce
laws and regulations. I interpret this to mean staff is courteous,
professional, prompt, and fair in all their dealings with the public.
Furthermore, due to the related nature of the sub-sections of 3.1.1, it is my
interpretation that I may report on all of these limitations as a group, rather
than individually.
Compliance with the policy will be achieved when:
1. Customers issues are dealt with promptly and in a courteous and fair manner.
2. Complaints that the Board and Management receive about customer service
regarding Town employees are minimal.
Evidence:
1. Customer Service is included in the performance evaluations of all
employees
2. The Board and the Town Administrator receive no or few complaints from
citizens about the behavior of and treatment by Town employees.
3. The Board, Management and the Town Administrator receive compliments
and letters of appreciation from customers.
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Report: I am reporting compliance. However, there are a few areas where
our customer service levels can and should be improved. Although I
am reporting compliance, I am not reporting complacency.
3.1.2 The success of Estes Park Town Government depends upon the partnership
between citizens, elected officials and Town employees. Accordingly,
regarding the treatment of citizens and customers, the Town Administrator
shall not:
3.1.2.1 Fail to inform citizens of their rights, including their right to due process.
3.1.2.2 Ignore community opinion on relevant issues or make material decisions
affecting the community in the absence of relevant community input.
3.1.2.3 Allow the community to be uninformed (or informed in an untimely basis)
about relevant decision making processes and decisions.
3.1.2.4 Be disorganized or unclear with respect to interactions with the
community.
3.1.2.5 Ignore problems or issues raised by the community or fail to address
them in a timely manner.
3.1.2.6 Allow incompetent, disrespectful or ineffective treatment from Town
employees.
3.1.2.7 Unduly breach or disclose confidential information.
Interpretation – I interpret this to mean that citizens are informed well in
advance of any Town action. Staff takes steps to solicit and encourage
public comment on matters of public policy and public projects. Staff treats
all citizens in respectful and courteous manner. Within the restrictions of the
law, staff does not disclose confidential information. Furthermore, due to the
related nature of the sub-sections of 3.1.2, it is my interpretation that I may
report on all of these limitations as a group, rather than individually.
Compliance with the policy will be achieved when:
1. All projects and public policy discussions include public outreach and
involvement.
2. Issued raised by community members are dealt with promptly at a staff
level, if possible, and when necessary are brought to the Town Board for
consideration and discussion.
3. Completion of the biennial citizen survey
4. Staff does not disclose confidential information.
Evidence:
1. Number of public meetings, community meetings and outreach meetings,
above and beyond just normal Board of Trustee meetings.
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2. Newspaper articles and press releases associated with public projects and
policies
3. Social media outreach associated with public projects and policies.
4. Comments from the public to Town Administrator and Board members
regarding public outreach.
5. Results from the Biennial Citizens Survey
6. Lack of legal actions against the Town due to failure to provide due
process.
7. Lack of any legal action against the Town for improper disclosure of
confidential information
Report: I am reporting compliance.
3.2 With respect to the treatment of paid and volunteer staff, the Town
Administrator may not cause or allow conditions which are unsafe, unfair or
undignified.
Accordingly, pertaining to paid staff within the scope of his/her authority,
the administrator shall not:
3.2.1 Operate without written personnel policies that clarify
personnel rules for employees.
Interpretation – I interpret this to mean that the Town has clearly
written personnel policies that are current with current legal
decisions and that the policies are readily available to all employees.
These policies are not static and may be changed as legal
environment changes or other issue warrant.
Compliance with the policy will be achieved when:
The Town has written personnel policies that cover the normal scope of
employment issues.
Evidence:
1. Town personnel policies are available to all employees on I-Town
and in the HR office.
2. All personnel policies have been reviewed and approved by the
Town Attorney and CIRSA.
Report: I am reporting compliance.
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3.2.2 Fail to acquaint staff with their rights under this policy
upon employment.
Interpretation – I interpret this to mean that all new employees are
informed of Town employment policies and personnel policies.
Compliance with the policy will be achieved when:
Every new employee is informed of the personnel policies
Evidence:
1. Town personnel policies are available to all employees on I-Town
and in the HR office.
2. New employees are informed of the Personnel Policies as part of
their on-boarding process.
Report: I am reporting compliance.
3.2.3 Fail to commit and adhere to the policies of Equal
Employment Opportunity and Fair Labor Standards Act.
Interpretation – I interpret this to mean that the Town follows the
strict interpretation of EEOC and FLSA.
Compliance with the policy will be achieved when:
The Town has no cases of legal non-compliance.
Evidence:
There have been no successful legal actions against the Town in the past
year regarding any EEOC or FLSA violations as an employer.
Report: I am reporting compliance.
3.2.4 Fail to make reasonable efforts to provide a safe working
environment for employees, volunteers and citizens
utilizing Town services
Interpretation – I interpret this to mean that the Town facilities are
clear of safety hazards and are properly maintained. All hazards
cannot be completely eliminated, and with normal wear and tear and
acts of God, new hazards will develop. I interpret this limitation not
to mean that all hazards are eliminated and do not exist, but that
reasonable precautions and planning is made to prevent and repair
hazards and that when a hazard is identified, there is action to
mitigate the hazard in a timely and appropriate manner.
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Compliance with the policy will be achieved when:
There are no unaddressed safety hazards in Town facilities. New
hazards are addressed promptly
Evidence:
1. Successful safety audit and inspection from CIRSA
2. No incidents this year due to facility safety hazards
3. Precautions are taken to prevent and correct hazards when a
hazard is identified
Report: I am reporting compliance.
3.2.5 Operate without written volunteer policies that clarify the
responsibilities of volunteers and of the Town for all
volunteers.
Interpretation – I interpret this to mean that the Town must have a
current volunteer manual.
Compliance with the policy will be achieved when:
The Town has written a written volunteer manual.
Evidence:
The Town Volunteer Manual is available on the Town Website
Report: I am reporting compliance.
3.4 With respect to the actual, ongoing condition of the Town government’s
financial health, the Town Administrator may not cause or allow the development of
fiscal jeopardy or loss of budgeting integrity in accordance with Board Objectives.
Accordingly, the Town Administrator may not:
3.4.1. Expend more funds than are available.
Interpretation – I interpret this to mean that there have been no
expenditures in excess of those approved in the adopted budgeted.
Compliance with the policy will be achieved when:
There are no expenditures in excess of those approved in the budget.
Evidence:
1. Town financial reports.
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2. Comprehensive Annual Financial Report
Report: I am reporting compliance.
3.4.2. Allow the general fund and other fund balance to decline
below twenty percent of annual expenditures as of the end
of the fiscal year, unless otherwise authorized by the
Board.
Interpretation – I interpret this to mean that the General Fund fund
balance at the end of the fiscal year is over 20%. This is based on
the calculation of fund balance after all carry over funds are included
encumbered but not expended funds are excluded at the end of the
year.
Compliance with the policy will be achieved when:
Fund balance does not dip below 20%
Evidence:
1. Town financial reports.
2. Comprehensive Annual Financial Report
3. The estimate is $3,005,617 for the final 2017 fund balance (fund
balance ratio of approximately 15% of 2017 General Fund
expenditures) The general fund balance as of the date of this
report is 25% and is in compliance with Board policy.
Report: I am reporting technical non-compliance.
The General Fund has grant receivables estimated at $4,540,000 of
which $3,038,398 is for the Fish Creek project. Because most of
this was not actually collected by Feb 28, 2018, the Town cannot
recognize grant revenue for these receivables for the fiscal year
2017 and cannot include the revenues in the upcoming CAFR and
will result in a CAFR reported fund balance of 15%. This is a
requirement of GASB accounting rules. We had fully expected to
have this revenue in hand by February 28th. It’s important to note
these are reimbursements from FHWA and there is no question that
the reimbursements will be received. It is just a matter of timing
when the reimbursement will go to Larimer County and then be
forwarded on to the Town.
Staff first became aware of this on March 2nd when the payment was
not received, thus the timing in notifying the Board of this issue.
On March 5, 2018, the Town received a grant payment from Larimer
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County of $2,037,892. If this payment would have been received 5
days earlier, the Town could have recognized this grant receivable
as revenue and the ending 2017 General Fund fund balance ratio
would have been 25%. The non-compliance is due to this one week
timing difference.
The current fund balance as of the date of this report is 25% and is
in compliance with Board policy.
3.4.3. Allow cash to drop below the amount needed to settle
payroll and debts in a timely manner.
Interpretation – I interpret this to mean that all funds have adequate
cash to settle all debts with the period for which they are due.
Compliance with the policy will be achieved when:
All payments are made on time from cash on hand
Evidence:
1. Town financial reports.
2. Comprehensive Annual Financial Report
Report: I am reporting compliance.
3.4.4. Allow payments or filings to be overdue or inaccurately
filed.
Interpretation – I interpret this to mean that all payments or filings
have been made on time and accurately.
Compliance with the policy will be achieved when:
All payments have been made on time and accurately
Evidence:
1. Town financial reports.
2. Comprehensive Annual Financial Report
Report: I am reporting compliance.
3.4.5. Engage in any purchases wherein normally prudent
protection has not been given against conflict of interest
and may not engage in purchasing practices in violation of
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state law or Town purchasing procedures.
Interpretation – I interpret this to mean that the Town has
comprehensive purchasing policies to guide the expenditures of
funds and that those policies are complied with.
Compliance with the policy will be achieved when:
The Town has adopted purchasing policies and all purchases are made in
compliance with these policies
Evidence:
1. Town purchasing policies are available on I-Town
2. The annual audit
3. Single Audit of federal funds purchases
Report: I am reporting compliance.
3.4.6. Use any fund for a purpose other than for which the fund
was established.
Interpretation – I interpret this to mean that any use of funds from a
specific fund, must be for the purpose as specified
Compliance with the policy will be achieved when:
All expenditures are made from the appropriate fund
Evidence:
1. Town financial reports.
2. Comprehensive Annual Financial Report
3. Annual Audit
Report: I am reporting compliance.
3.5 Within the scope of his/her authority and given available resources, the
Town Administrator shall not allow the Town’s assets to be unprotected,
inadequately maintained or unnecessarily risked.
Accordingly, he or she may not:
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3.5.1. Fail to have in place a Risk Management program which
insures against property losses and against liability losses to
Board members, staff and the Town of Estes Park to the
amount legally obligated to pay, or allow the organization to be
uninsured:
3.5.1.1 Against theft and casualty losses,
3.5.1.2 Against liability losses to Board members, staff and the
town itself in an amount equal to or greater than the
average for comparable organizations.
3.5.1.3 Against employee theft and dishonesty.
Interpretation – I interpret this to mean that the Town has adequate
insurance coverage to protect the Town from loss. Furthermore, due
to the related nature of the sub-sections of 3.5.1, it is my
interpretation that I may report on all of these limitations as a group,
rather than individually.
Compliance with the policy will be achieved when:
The Town adequate insurance and suffers no unreasonable uninsured
losses
Evidence:
1. CIRSA audit
2. The Town has not paid out for any unreasonable uninsured losses
in the last year.
3. We have adequate insurance coverage in place to protect the
Town from loss.
Report: I am reporting compliance.
3.5.2. Subject plant, facilities and equipment to improper wear
and tear or insufficient maintenance (except normal
deterioration and financial conditions beyond Town
Administrator control).
Interpretation – I interpret this to mean that town facilities and
equipment are properly cared for and maintained. I interpret this to
include all physical buildings, and utility infrastructure, however this
does not include transportation infrastructure or real property.
Compliance with the policy will be achieved when:
We have preventive maintenance programs for our buildings, major
building systems and rolling stock.
Evidence:
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1. Ongoing improvement projects in Light and Power and Water
utilities completed in the last year, as reported to the Board.
2. PM schedules for rolling stock
3. Facilities maintenance projects completed in the last year, as
reported to the Board.
4. Hiring of a new Facilities Worker to help better maintain Town
properties
Report: I am reporting compliance.
3.5.3. Receive, process or disburse funds under controls
insufficient to meet the Board-appointed auditor’s
standards.
Interpretation – I interpret this to mean that there are no comments
in the annual audit that raise the question of insufficient controls.
Compliance with the policy will be achieved when:
We have an audit with no relevant qualifying comments.
Evidence: The internal controls are sufficient to properly account for the
financial activity of the Town. The 2016 audit had included a few
comments related to controls but none required the auditors to modify
their opinion. The most significant comment is related to one invoice for
$3,220.53 that had been included as grant eligible when it was later
discovered it was not grant eligible. This was caught by staff during
regular grant review and brought to the auditor’s attention. Staff have
been working to address the comments made but due to staff turnover,
some of the minor comments may continue into 2017.
Report: I am reporting compliance.
3.5.4. Unnecessarily expose Town government, its Board of
Town Trustees or staff to claims of liability.
Interpretation – I interpret this to mean neither I nor the Town staff
take any action that results in unnecessary liability to the Town.
Compliance with the policy will be achieved when:
There are no legal or other settlements resulting from an unnecessary
exposure.
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Evidence:
There were no settlements paid out as the result of any unnecessary
liability in the last year.
Report: I am reporting compliance.
3.5.5 Fail to protect intellectual property, information and files
from loss or significant damage.
Interpretation – I interpret this to mean that all town information is
protected adequately through fire-walls, cyber security measures
and adequate backups. Non-electronic data is secured and
protected at a level appropriate for the information.
Compliance with the policy will be achieved when:
We have no losses of data or information
We have protocols in place to protect from cyber injury
Evidence:
1. We have had no significant losses or damage to information or
files over the last year.
2. CIRSA Audit
3. Cyber Security Training conducted for all employees
Report: I am reporting compliance.
3.5.6 Acquire, encumber, dispose or contract for real property
except as expressly permitted in Town policy.
Interpretation – I interpret this to mean I may not take any action as
described in 3.5.6 without the express permission of the Board of
Trustees.
Compliance with the policy will be achieved when:
There are no real property transactions that are not approved by the
Board of Trustees.
Evidence:
There were no real property transactions in the last year that were
not expressly approved by the Board of Trustees.
Report: I am reporting compliance.
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3.5.7 Allow internal control standards to be less than that
necessary to satisfy generally accepted
accounting/auditing standards recognizing that the cost
of internal control should not exceed the benefits
expected to be derived.
Interpretation – I interpret this to mean that our internal controls are
reasonable as interpreted by the Town annual audit.
Compliance with the policy will be achieved when:
We have an audit with no significant comments regarding internal controls
that required a modified audit opinion.
Evidence: The internal controls of the Town fully meet this requirement
as evidenced by the clean audit opinions received in past years. There is
nothing to indicate a deterioration in this condition for the year ended Dec
31, 2017.
Report: I am reporting compliance.
3.6 In order to protect the Board from sudden loss of Town Administrator services,
the Town Administrator may have no fewer than two (2) other members of the
Town management team familiar with Board of Town Trustees and Town
Administrator issues and processes.
3.6.1. The Assistant Town Administrator shall act in the capacity
of Town Administrator in his/her absence. In the absence
of the Town Administrator and Assistant Town
Administrator a Town Department Head previously
designated by the Town Administrator will act in the
capacity of Town Administrator.
3.6.2. The Town Administrator shall provide the necessary training
needed to enable successful emergency replacement.
Interpretation – I interpret this to mean that I must officially
delegated two staff members to serve in my stead, should I not be
able to perform the duties of my job. This delegation is to be
expressly designated in an internal operating procedure
Compliance with the policy will be achieved when:
There is an adopted policy that specifies continuity for the Town
Administrator.
Evidence:
Policy 203, TA Backup and Replacement, is posted on I-Town.
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Report: I am reporting compliance
3.9 The Town Administrator shall not permit the Board of Town Trustees to be
uninformed or unsupported in its work.
Accordingly, he or she may not:
3.9.1 Let the Board of Town Trustees be unaware of relevant
trends, anticipated adverse media coverage, material external
and internal changes, and particularly changes in the
assumptions upon which any Board policy has been
previously established.
Interpretation – I interpret this to mean that the Board has no surprises
related to Town issues that they have not been informed of directly
from myself or the appropriate staff. I also interpret this to be
limited to issues, events, media coverage and other matters to
which staff or myself is aware of. At times, we are also surprised
by issues that arise and I do not feel I am responsible to inform the
board of issues that I could not have reasonable know or suspect
as coming forward.
Compliance with the policy will be achieved when:
Board members are not surprised by any issue that staff or myself was
previously aware of.
Evidence:
1. Weekly updates to the Board
2. What’s up weekly e-mail to staff
3. Individual e-mails to the Board on a regular basis regarding
issues
4. Economic Dashboard
5. Press releases
Report: I am reporting compliance
3.9.2 Fail to submit monitoring data required by the Board (see
policy on Monitoring Town Administrator Performance in
Board/Staff Linkage) in a timely, accurate and
understandable fashion, directly addressing provisions of
Board policies being monitored.
Interpretation – I interpret this to mean that I report to the board as
outlined in the review schedule adopted in Policy Governance Policy
2.3. and the format of the reports are acceptable to the majority of
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the Board.
Compliance with the policy will be achieved when:
Compliance reports are received by the board as required in Policy 2.3
Evidence:
1. All compliance reports over the last year were supplied to the
board within the required timeframe
Report: I am reporting compliance
3.9.3 Fail to establish a process that brings to the Board of Town
Trustees as many staff and external points of view, issues
and options as needed for informed Board choices on major
policy issues.
Interpretation – I interpret this to mean that information presented
must give equal weight to differing options and opinions. At the
same time, staff may make recommendations and may present
recommended options to the Board, as well as other opinions.
Compliance with the policy will be achieved when:
Standard presentations are structured so that pros and cons and varied
points of view are always included.
Evidence:
1. Board observance and opinion.
2. Use of the standard SOPPDA memo format for all presentations
Report: I am reporting compliance
3.9.4 Present information in unnecessarily complex or lengthy
form.
Interpretation – I interpret this to mean that information presented
to the Board has enough detail for each trustee to be adequately
informed to make a policy decision and is presented in a manner in
which even complex issues are understandable. At the same time,
there is not so much peripheral information presented that it takes
the board “into the weeds” and into discussions of minute details
rather than broad policy issues. I also understand that each Board
member may have a different level of preferred detail and a different
preference of how information is presented. I must strive to present
information that optimizes the needs of all board members, but may
not maximize the needs or style of any one trustee.
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Compliance with the policy will be achieved when:
All members of the Board feel they have received enough information to
make policy decisions on any particular issue.
Evidence:
1. Board observance and opinion.
2. Use of the standard SOPPDA memo for all presentations
Report: I am reporting compliance
3.9.5 Fail to provide support for official Board of Town Trustees
activities or communications.
Interpretation – I interpret this to mean that official Board activities
and actions are clearly communicated to the public and there is a
culture of transparency within Town Government. I am responsible
not just for my own actions, but that this is the culture throughout the
organization. I am responsible for the support provide to the board
through other staff, such as the PIO and Town Clerk.
Compliance with the policy will be achieved when:
There is a culture of transparency throughout the organization and it is
demonstrated in our day to day actions.
Evidence:
1. Board observance and opinion.
2. Activities of the PIO through news media, social media and other
tools.
3. Public comments regarding the Town’s transparency of
information.
Report: I am reporting compliance
3.9.6 Fail to deal with the Board of Town Trustees as a whole
except when fulfilling individual requests for information.
Interpretation – I interpret this to mean that I do not play favorites
with any members of the board and that at all times I treat each
member of the board fairly and respectfully. I also interpret this to
mean I can have confidential conversations with any member of the
Board, and that I respect that confidentiality. I believe to be effective
in my job in assisting the Board as a whole to be successful, Board
members must have a level of trust that each can communicate with
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me openly without reservation.
Compliance with the policy will be achieved when:
All members of the Board feel they can be open and honest with me in all
our personal communications and that I am treating each board member
fairly and with respect.
Evidence:
1. Board observance and opinion.
2. Lack of instances where failure to comply has resulted in issues
with the Board, staff or the public.
Report: I am reporting compliance
3.9.7 Fail to report in a timely manner any actual or anticipated
noncompliance with any policy of the Board of Town
Trustees.
Interpretation – I interpret this to mean that at any time when I am
in noncompliance with any item described in the Staff Limitations
section of the adopted Policy Governance Policies, whether
intentional or unintentional, I notify the Board at the earliest possible
opportunity. I also interpret “earliest possible opportunity” to be
relative to the materiality of the noncompliance. It is my
interpretation than a major noncompliance is any issue that may
have significant financial, legal, or political impacts on the Town,
should be reported asap. Minor, non-material items, such as those I
would indicate with a Yellow traffic light in my compliance reports
and are a partial compliance or open to interpretation, may be
reported in a regularly scheduled report to the Board.
Compliance with the policy will be achieved when:
The Board becomes aware of a situation of non-compliance by the Town
Administrator from any source other than me.
Evidence:
Board observance.
Report: I am reporting compliance
3.10 With respect to planning for and reporting on capital equipment and
improvements programs, the Town Administrator may not jeopardize either
operational or fiscal integrity of the organization.
Accordingly, he or she may not allow the development of a capital program
which:
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3.10.1 Deviates materially from the Board of Town Trustees’
stated priorities.
Interpretation – I interpret this to mean that we do not pursue any
capital projects or equipment that materially deviates from related to
the key outcomes, goals and objectives adopted by the Town Board
within the strategic plan.
Compliance with the policy will be achieved when:
All capital improvements and purchases of capital equipment can be
directly tied to the Board’s Strategic plan and no expenditures are made
or planned that are not supportable under the current Town financial
resources.
Evidence:
1. Adopted Town Budget for Capital projects and equipment.
2. The Vehicle Replacement Plan, which budgets and plans for
multi-year funding of capital vehicle purchases.
Report: I am reporting compliance
3.10.2 Plans the expenditure in any fiscal period of more funds
than are conservatively projected to be available during
that period.
Interpretation – I interpret this to mean we are conservative with
our budgeting and we do not overstate revenue or understate
expenditures
Compliance with the policy will be achieved when:
We do not exceed our budgeted expenditures
Evidence:
1. CAFR
2. Annual Budget
Report: I am reporting compliance (NOTE: This policy seems to
be redundant with policy 3.4.1)
3.10.3 Contains too little detail to enable accurate separation of
capital and operational start-up items, cash flow
requirements and subsequent audit trail.
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Interpretation – I interpret this to mean that our adopted budget and
subsequent accounting separates out capital, operating and other
expenses.
Compliance with the policy will be achieved when:
The budget and financial reports provide adequate separation of fund
use.
Evidence:
1. Annual audit
2. Published Budget
3. Financial Reports
Report: I am reporting compliance
3.10.4 Fails to project on-going operating, maintenance, and
replacement/perpetuation expenses.
Interpretation – I interpret this to mean that the Town has a Capital
Improvement Plan that is active and maintained.
Compliance with the policy will be achieved when:
We have a robust and complete capital improvement plan
Evidence:
Capital Improvement Plan as presented to and approved by the Board
Report: I am reporting partial compliance
3.10.5 Fails to provide regular reporting on the status of the
budget and on the progress of each active project,
including data such as changes and the financial status of
each project, including expenditures to date.
Interpretation – I interpret this to mean that staff should regularly
report back to the Board the progress of major projects that are
currently planned or underway. This does not apply to day to day
operational activities.
Compliance with the policy will be achieved when:
The Board feels adequately informed about ongoing projects
Evidence:
1. Reports to the Board at regular board meetings
21
2. Weekly updates to the Board from the Town Administrator
3. Specific e-mails when issues arise that the Board should be
aware of.
4. Study sessions with the Board, when needed.
Report: I am reporting compliance
3.11 With respect to Town government's quality of life for the community, the
Town Administrator shall not fail to plan for implementing policies of the
Board regarding economic health, environmental responsibility, and
community interests.
Interpretation – I interpret this to mean that I have instituted general
policies that govern departmental operations, only as needed, but
where required to protect and enhance economic health,
environmental responsibility and community interest. I interpret this
as a catch-all requirement to cover polices that are not specifically
called out in other sections of the policy governance document.
Compliance with the policy will be achieved when:
This catch-all is rather subjective and open to the interpretation of the
Board of Trustees.
Evidence:
Opinion of the Board of Trustees.
Report: I am reporting compliance
22
Town of Estes Park, Larimer County, Colorado, February 27, 2018
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on
the 27th day of February, 2018.
Present: Todd Jirsa, Mayor
Mayor ProTem Koenig
Trustees Bob Holcomb
Patrick Martchink
Ward Nelson
Ron Norris
Cody Rex Walker
Also Present: Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Kimberly Disney, Recording Secretary
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Holcomb/Walker) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
Barbara MacAlpine/Town Citizen spoke on behalf of the Estes Valley Community
Garden Board, which has experienced two very successful years. She noted the garden
received community support and presented the 2017 report to donors which highlighted
the progress of the garden since the groundbreaking.
TRUSTEE COMMENTS.
Trustee Norris stated the Family Advisory Board would meet March 1, 2018. He
requested the Vacation Home Registration (VHR) report delivered at the Estes Valley
Planning Commission (EVPC) meeting on February 20, 2017 be provided to the Town
Board. The report contained an overview of VHRs, detailing complaints and violations in
2017. He noted the progress made at the Special Meeting of the Town Board, EVPC,
and Larimer County Commissioners held on February 22, 2018, with an additional
meeting tentatively scheduled for June 2018.
Trustee Holcomb stated the Visit Estes Park (VEP) Board met on February 14, 2018.
They discussed a potential financial audit and had a presentation on ethics. The next
VEP meeting would be held on February 28, 2018. The Transportation Advisory Board
met on February 14, 2018 and reviewed plans for the Brodie Avenue Improvement
Project.
TOWN ADMINISTRATOR REPORT.
None.
1. CONSENT AGENDA:
1. Town Board Minutes dated February 13, 2018 and Study Session February 13,
2018.
2. Bills.
3. Committee Minutes – None.DRAFT23
Board of Trustees – February 27, 2018 – Page 2
4. Parks Advisory Board Minutes dated January 18, 2018 (acknowledgement only).
5. Transportation Advisory Board Minutes dated January 17, 2018
(acknowledgement only).
6. Resolution #04-18 Amendment to the Municipal Election Judge Compensation.
It was moved and seconded (Holcomb/Martchink) to approve the Consent Agenda
Items, and it passed unanimously.
2. REPORT AND DISCUSSION ITEMS:
1. CHILDCARE NEEDS ASSESSMENT. Mollie Fitzpatrick of BBC Research and
Consulting presented the Estes Valley Childcare Needs Assessment. She
highlighted the project background, key findings, demand analysis, and the top
needs and recommendations formed as a result of the assessment. The
assessment, based on data analysis, community surveys, and interviews,
resulted in seven recommendations to address the demand for childcare through
2027. The Board discussed the assessment and sought clarification on childcare
demand and needs in the town, survey demographics, and how to proceed.
(Mayor Pro Tem Koenig entered the meeting at 7:21 p.m.)
Laurel Walker Director of Human Services for Larimer County questioned if the
Child Care Assistance Program (CCAP) was included in the assessment. She
provided background information on CCAP within the county and discussed the
funding and demand of the program. She emphasized the need to explore
funding options. She stated the goal of the County would be to ensure those who
qualify for assistance receive assistance and provide support and advocacy to
additional agencies.
Randy Philips/Town citizen questioned how the results of the assessment would
compare to the usage of childcare in the state, and if childcare options were
analyzed for those parents who work evenings and weekends.
4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. GRAND ESTATES APARTMENTS PRELIMINARY AND FINAL PLAT.
Request to continue to March 27, 2018.
B. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE
CHAPTER 11 TO ADD A PROVISION FOR A RESTRICTIVE
COVENANT AGREEMENT. Request to continue to March 13, 2018.
C. FALL RIVER VILLAGE II: AMENDED PUD, AMENDED DEVELOPMENT
PLAN, AND AMENDED PRELIMINARY CONDO MAP. Request to
continue to March 27, 2018.
D. PRELIMINARY AND FINAL TOWNHOME PLAT, Stanley Avenue
Townhomes 260 Stanley Avenue. Request to continue to March 27, 2018.
It was moved and seconded (Koenig/Norris) to approve the Planning
Commission Consent Agenda items, and it passed unanimously.
5. ACTION ITEMS:
1. HISTORICAL SIGN APPROVAL AT 121 W. ELKHORN AVENUE, THE
ORIGINAL TAFFY SHOP. Code Compliance Officer Hardin presented the
historical sign approval for The Original Taffy Shop. The approval would allow the DRAFT24
Board of Trustees – February 27, 2018 – Page 3
operation of scintillating lights, as the sign was originally intended. Mark Igel,
Owner of The Original Taffy Shop detailed the history and cultural significance of
the shop dating back to 1935. It was moved and seconded (Norris/Holcomb) to
approve the Historical Sign at 121 W. Elkhorn Avenue for the Original Taffy
Shop, and it passed unanimously.
2. RESOLUTION #03-18 REAPPROPRIATION OF 2017 ENCUMBERED FUNDS
AND PROJECT “ROLLOVERS” TO THE 2018 BUDGET. Mayor Jirsa opened
the public hearing and Director Hudson presented Resolution #03-18 to re-
appropriate remaining balances of 2017 purchase orders to 2018, for funding the
completion or acquisition of goods or services ordered and not completed in
2017. The resolution would include the reallocation of funds for two projects: The
Community Drive/US 36 Intersection preliminary engineering & design project
and the Dynamic Message System Project. Mayor Jirsa closed the public
hearing. It was moved and seconded (Holcomb/Walker) to approve
Resolution #03-18 appropriating additional sums of money for the Town of
Estes Park for the budget year ended December 31, 2018, and it passed
unanimously.
3. US 36/COMMUNITY DRIVE TURN LANE PRELIMINARY DESIGN
CONSULTANT CONTRACT AWARD. Manager Hook presented the preliminary
design consultant contract award to Cornerstone Engineering & Surveying. This
would initiate the design process for two turn lanes from Highway 36 onto
southbound Community Drive. In January 2018 staff issued a request for
proposals and received three responses, which were analyzed based on
references, adequacy of proposal, qualifications, schedule, and cost. The
preliminary design would be completed in three months with a final design by
mid-August 2018. It was moved and seconded (Holcomb/Norris) to approve
the professional services contract not to exceed $50,000 to Cornerstone
Engineering & Surveying, Inc., and it passed unanimously.
4. DYNAMIC MESSAGE SIGNS CONSTRUCTION CONTRACT AWARD.
Manager Hook presented the Dynamic Message Signs (DMS) Construction
Contract Award to DaVinci Sign Systems, Inc. DMS signs were purchased in
2017 and a request for proposals for the installation of the signs was issued twice
in 2017. Negotiations were held with DaVinci, to reduce the scope and cost of the
work. Installation would be completed by Memorial Day, contingent upon
Colorado Department of Transportation’s acceptance of the construction
contract. It was moved and seconded (Holcomb/Norris) to approve the
dynamic message signs construction contract award, and it passed
unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 8:14 p.m.
Todd Jirsa, Mayor
Kimberly Disney, Recording Secretary DRAFT25
Town of Estes Park, Larimer County, Colorado February 27, 2018
Minutes of a Study Session meeting of the TTOWN BOARD of the Town
of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in
the Board Room in said Town of Estes Park on the 27th day of
February, 2018.
Board: Mayor Jirsa, Trustees Holcomb, Martchink, Nelson, Norris
and Walker
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town
Administrator Machalek, Town Attorney White, Director
Bergsten, Manager Fraundorf, Engineer Stallworth, and
Town Clerk Williamson
Absent: Mayor Pro Tem Koenig
Mayor Jirsa called the meeting to order at 4:15 p.m.
BROADBAND PROFORMA ANALYSIS.
Manager Fraundorf provided a brief review of the broadband effort to date. He stated
the proforma overview assumes a Town Broadband utility through a revenue bond
backed by Light and Power revenues payable in 12 to 15 years, depending on
assumptions. No direct funding anticipated from the Town. The pricing model would be
competitive both locally and nationally. The utility would be built out in phases utilizing a
“build to demand” model to ensure needed take rates. Third party providers would
provide services needed to run the utility, including a call center, billing and customer
installations.
Neil Shaw/Uptown Services LLC stated Uptown was hired to model financial outcomes
for an Estes Park fiber to the premise (FTTP) deployment. A number of deployment
scenarios were reviewed and the key financial factors of each. Key financial success
factors include both short-term and long-term success factors: operating incomes
should be positive within 2-3 years; cash flow with debt service should be positive within
3-4 years; project should pay back in no more than 20 years, less than 15 years would
be preferred; and ultimate financial performance requirement are driven by Town
resources and goals. Key drivers impacting FTTP financial performance would include
the service penetration for residential internet access services, and 10 gig services
versus a 1 gig service, and outside plant (OSP) construction costs. The original
feasibility study suggested 40% take rate for residential internet penetration and the
modeling suggests 40 to 50% penetration levels would be possible in Estes Park. The
modeling exercise tested the impact of offering 10 gig base services because the next
generation FTTP electronics would support delivery in 2018. Several variations in OSP
costs were also modeled. The utility would break even on average between 12 – 16
years, with the exception of a scenario in which a 40% take rate with no 10 gig service
would have a break even of 20 plus years.
Board questions and comments were heard and summarized: questioned if the
communities demographics were considered in the proforma; businesses are locating in
areas with fast reliable broadband services; questioned if a take rate of 40 to 50% would
be conservative; and could individuals buy in to the utility and have funds applied to bills
once service becomes available in their area.
26
Town Board Study Session – February 27, 2018 – Page 2
Staff stated the earlier take rate study completed was comprehensive and provided a
high level of confidence in a rate of 40% at $70 per month. Director Bergsten stated
Longmont provided an early buy in option which set unrealistic expectations and
became difficult to administer.
Director Hudson stated a financial advisor with experience in revenue bonds familiar
with the industry would need to be consulted in order to understand the Town’s options
to finance a broadband utility. Dark fiber revenues could be used to pay for a financial
advisor. Staff estimates a month lead time would be needed to identify an appropriate
financial advisor.
After further discussion, the Board reached consensus and directed staff to begin
discussion with a financial advisor to determine financing options for a broadband utility.
3RD PARTY BUILDING INSPECTIONS
Administrator Lancaster requested the item be rescheduled for the March 27, 2018
Town Board Study Session.
2018 STREET IMPROVEMENT AND TRAIL EXPANSION PROGRAM UPDATES.
Engineer Stallworth provided an overview of the 2017 street improvements completed,
including the chip sealing of approximately 6 miles, overlaid approximately 1 mile of
road and performed large patches at 8 locations, completed the MacGregor Avenue
improvements, and overlaid the Riverside parking lot in coordination with the Streets
division. The Town’s Public Works department has been improving the annual
pavement condition index (PCI) above the expected PCI rating goal established for
each year. This has been achieved through successful overlays and chip sealing.
Since the project began approximately one quarter of the roadways have been
improved. In order to reach the goal of an average of 70 PCI by 2024, the Town would
need to improve 6.5 miles per year.
For 2018, the Town anticipates expenditures of $1.675 million in street improvements,
including personnel and equipment costs, for Brodie Avenue improvements, overlays
and large patches, chip sealing, crack sealing, engineering design, and parking lot
rehabilitation. The Brodie project would add a 10-foot wide concrete trail for safe
access to the schools from Fish Creek, drainage improvements, repaving of the
roadway and the addition of a turn lane and parking. The chip seal would include 7
miles of roadway, overlay and contracted patching of 1-mile, continued crack sealing
and an overlay of Performance Park parking lot.
A portion of the 1A sales tax funds were approved for trail improvements. The funds
have allowed the Town to be more aggressive in pursuing grants by providing matching
funds, funding for additional projects, and to incentives other entities to participate. The
Town has applied for a number of grants and was awarded a Land and Water
Conservation Fund grant for Fall River Trail Phase 3 and Colorado Safe Routes to
School grant for Brodie Avenue improvements.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS
Trustee Norris stated the Office of Aging of Larimer County received grant funding to
provide assistance to individuals in developing living wills. The agency has identified
Estes Park for a pilot program.
FUTURE STUDY SESSION AGENDA ITEMS
None.
There being no further business, Mayor Jirsa adjourned the meeting at 5:57 p.m.
Jackie Williamson, Town Clerk
27
28
Town of Estes Park, Larimer County, Colorado February 22, 2018
Minutes of a Joint Study Session meeting of the ESTES PARK TOWN
BOARD, LARIMER COUNTY COMMISSION, AND ESTES VALLEY
PLANNING COMMISSION of the Town of Estes Park, Larimer County,
Colorado. Meeting held at Town Hall in the Board Room in said Town
of Estes Park on the 22nd day of February, 2018.
Town Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb,
Martchink, Nelson, Norris and Walker
County Commission: Chair Johnson and Commissioner Donnelly
Planning Commission: Commissioners Doyle, Foster, Hull, Leavitt, Murphree,
Schneider, and White
Also Attending: Town Administrator Lancaster, County Manager
Hoffman, Attorney White, Larimer County Attorney
Haag, Community Development Director Hunt, Planner
Becker, Code Compliance Officer Hardin, County Planner
Whitley and Town Clerk Williamson
Absent: Commissioner Gaiter and County Planning Director Gilbert
Meeting was called to order at 6:00 p.m. by Mayor Jirsa and co-chaired by Larimer
County Commissioner Johnson.
Mayor Jirsa commented the meeting would outline the expectations of the Estes Valley
Planning Commission.
Commissioner Johnson stated the importance of the Planning Commission’s role within
the community and the recommendations to the elected boards. The Planning
Commission provides the community with an initial hearing before the elected officials
hear a proposed project. The Planning Commission protects the property rights of all
parties involved, including the developers, the neighboring property owners, and the
community as a whole. He spoke to the importance of a quasi-judicial hearing and the
need to review a proposal based on the laws in place at the time, i.e. the Estes Valley
Development Code (EVDC).
Estes Valley Planning Commission Chair Leavitt commented the Commission would
request additional joint study sessions to gain an understanding between the entities.
A summary of County Commission and Town Board expectations and role of the Estes
Valley Planning Commission was reviewed and comments summarized:
1. Planning Commission members are appointed by the Commissioners and Trustees
to serve the entire community. Planning Commission members do not independently
represent any constituency.
2. The purposes of the Planning Commission are limited to the following:
a. Adopt the Comprehensive Plan in accordance with community goals (including
identified strategic goals of the Town and County), with community input
representative of all stakeholders, and with resources as available through
established budgetary and administrative processes.
29
Joint Town Board Study Session – February 22, 2018 – Page 2
Comments: A discussion was heard on the Planning Commission’s responsibility
to administer the Comprehensive Plan as outlined in the Colorado Revised
Statutes. The elected bodies provide the direction and the resources need to
complete a Comprehensive Plan. The current Comprehensive Plan should be
modernized and would require the three entities to outline goals, processes, etc.
The Planning Commission members commented on the fact the citizens view the
current Comprehensive Plan as relevant and should be considered when
reviewing development proposals. It was reiterated EVDC implemented the
Comprehensive Plan and is the law when reviewing development proposals.
b. The Comprehensive Plan has been implemented through the adoption of the
Land Use Code by the Commissioners and Trustees. Any project or project
component which is in compliance with the Land Use Code is considered to be in
compliance with the Comprehensive Plan.
Comments: The Planning Commission commented the EVDC states the
Comprehensive Plan must be considered in the review of development
proposals. This statement in the code has led to confusion among the
Commissioners and the citizens during the application review process. The
Town Board and County Commission made a specific finding when adopting the
EVDC which found the code in compliance with and meeting the goals of the
Comprehensive Plan. It was suggested the EVDC be amended to clarify the
language as it relates to meeting the goals of the Comprehensive Plan. The
Comprehensive Plan should be viewed as an advisory document only with the
EVDC as the law to be utilized in the review of a development application. Any
development application in compliance with the EVDC is therefore in compliance
with the Comprehensive Plan.
c. Administer the Land Use Code as a neutral, fair and unbiased hearing body.
d. Make recommendations to the Commissioners and Trustees on current planning
applications. Such recommendations will be included in the application review
packet provided to the Commissioners and Trustees for final action along with
comments from referral agencies, direct citizen input and the staff
recommendation.
Comments: The Planning Commission would provide clear reasons for the
decision made on future development application recommendations to the Town
Board and County Commission. The Planning Commission’s minutes should be
detailed and provide an understanding for the recommendations made to the
elected bodies.
e. Perform work as requested by the Commissioners and Trustees such as
studying specific planning issues and making recommendations for Land Use
Code changes and undertaking structured efforts to update specific provisions of
the Comprehensive Plan. The Planning Commission does not have the authority
to perform work that is not specifically requested by the Commissioners and
Trustees.
Comments: It was noted the expectations do not clearly outline that Planning
Commission reviews changes to the EVDC and makes recommendations to the
elected bodies. The Commission also makes final decisions on certain
development plan applications.
30
Joint Town Board Study Session – February 22, 2018 – Page 3
3. Planning Commissioners are subject to open meeting and open records laws which
mandate:
a. Planning Commissioners must not meet privately about Planning Commission
decisions, activities, issues, or matters outside of properly noticed public
meetings. This prohibition includes all forms of communication: verbal, written,
and electronic. This prohibition specifically includes ex parte communications
with members of the public on development-review matters.
Comments: Planning Commission recognizes the problem and would address
the concerns. The EVPC would follow the rules of the Open Meetings law and
Open Records law. The Planning Commission’s emails would be made available
on the Town’s website. All comments on the agenda would be forwarded to
Director Hunt to compile and send out to the entire Commission for review.
b. All email related to Planning Commission business is considered public record
unless otherwise defined under the Colorado Open Records Act. To ensure
compliance and to facilitate any CORA requests received by the Town or the
County related to Planning Commission business, all Planning Commission e-
mail must be received and sent using the assigned Town of Estes Park email
addresses. The use of private accounts is not allowed.
Comment: Providing public access to the Commission’s emails ensures
transparency.
4. Planning Commissioners are appointees of the Commissioners and Trustees and
assume the following responsibilities:
a. Conduct hearings, discussions and all other activities associated with their work
in a courteous, respectful, and professional manner which includes interactions
with the public, the assigned staff, project applicants and fellow commissioners.
b. Take timely dispositive action on applications coming before the Commission so
as to avoid delaying final consideration of recommendations and action by the
Commissioners and Trustees.
c. Follow legal advice by counsel for the Town and County.
d. Concerns regarding job performance of Staff should not be made in public
meetings but privately to the Community Development Director.
Mayor Jirsa stated the three bodies would need to work together to outline the financial
resources for staff and the Planning Commission, and to provide initial and ongoing
training to enable them to fulfill their respective roles. Comments were heard on the
need for additional land use training for both the Planning Commission and Town
Board. Land use should have a higher priority within the valley. Areas with the greatest
potential of conflict should be addressed first.
Next steps would include a quarterly meeting. The Planning Commission could bring
issues forward to the Larimer County Commissioner’s study sessions.
Additional items to be discussed at the next meeting would include the
Intergovernmental Agreement, revise the bylaws, and revisions to the EVDC.
There being no further business, Mayor Jirsa adjourned the meeting at 7:44 p.m.
Jackie Williamson, Town Clerk
31
32
Town of Estes Park, Larimer County, Colorado, February 1, 2018
Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park,
Larimer County, Colorado. Meeting held in the Room 203 of Town Hall, in said Town of
Estes Park on the 1st day of February, 2018.
Present: Bin Greer
Courtney Hill
Jodi Roman
Karen Randinitis
Laurie Dale-Marshall
Rachel Balduzzi
Sue Strom
John Bryant
Nancy Almond
Marion Stallworth
Also Present: Travis Machalek, Assistant Town Administrator
Suzanna Simpson, Administration Executive Assistant
Ron Norris, Town Board Trustee
Absent: Maria Jimenez
Chair Greer started the meeting at 3:32 p.m.
Public Comment
None
Approval of January Minutes
It was moved and seconded (Hill/Strom) to approve the January, 2018 meeting minutes
and the motion passed unanimously.
Trustee Liaison Update
Trustee Norris provided an update on the four proposals for the Senior Center building.
He stressed the importance of the deed restriction and discussed the potential number
of Stanley heirs – rough count in the 100s. Member Balduzzi asked about the potential
of having an outside attorney review deed along with Town Attorney White. Trustee
Norris relayed that the board is waiting for his second review of the deed restriction.
Member Balduzzi asked what level of risk Trustee Norris felt the board might be willing
to take? He responded that in his opinion, the board is risk averse due to the stakes.
Trustee Norris went on to compliment the childcare task force on presenting facts and
he hopes that they keep the facts in front of people. Member Almond asked for details
on the process if an heir opposes the use of childcare and enacts the aversion clause?
33
Family Advisory Board – February 1, 2018 – Page 2
Trustee Norris stated that he was not qualified to give legal advice, but his
understanding is that the heir would have to be certified, would have to file suit in
appropriate jurisdiction, then it would go through a lengthy legal process. The Town
would have to defend its position of determining use for the property. Assistant Town
Administrator Machalek will send the group a map of the entire property. Lengthy
discussion continued about the deed restriction, with members asking about how uses
could fit into deed, second legal opinions, litigation, other community use, possibility of
changing the deed, and applicability for a non-profit or for-profit entity. The question
about the validity of senior services to the deed restriction versus childcare and how the
two were different came up several times. Assistant Town Administrator Machalek
provided background of senior services occupying the building. Member Hill asked if
the trustees have shown any concern about the senior center meeting deed restriction.
Trustee Norris replied that it has been determined that senior use is solely for
recreation. After more conversation about the deed restrictions, Assistant Town
Administrator Machalek encouraged the board to put these questions into writing for a
statement to the Town Board if the group wanted answers.
It was moved and seconded (Almond/Randinitis) to authorize Chair Greer, Vice-Chair
Stallworth, and Member Bryant to finalize a letter from the Family Advisory Board
endorsing the recommendation for childcare use of the senior center and submitting
the letter to the Town Board and it passes unanimously.
Trustee Norris concluded by sharing thoughts on advocacy – encouraging review of
candidates in upcoming election and to meet with all candidates. There are two
candidate forums coming up with opportunities for the Family Advisory Board to write-
in or ask questions. Member Hill asked if it would be appropriate for the Family Advisory
Board to endorse a candidate. Assistant Town Administrator Machalek indicated that he
did not believe any of the other Advisory Boards had ever done this, but will check and
update the board.
Overview of Childcare Needs Assessment Results
Member Bryant provided an update on the Childcare Needs Assessment. Members
Almond, Bryant and Hill are on the Estes Park EDC’s Childcare Services Committee. BBC
Research provided a 30 page document with compiled research, delivered two weeks
ago to committee chair. The committee reviewed draft Jan. 29. Some of the survey data,
not the results, needs to be clarified with the consultant.
Review Proposals for Senior Center Building
See above – under Trustee update.
Other Business
34
Family Advisory Board – February 1, 2018 – Page 3
Assistant Town Administrator Machalek brought a request from the League of Women
Voters to the group. The League is putting together a forum on child care issues and
wanted a member of the Family Advisory Board to participate.
It was moved and seconded (Greer/Stallworth) for member Randinitis to represent the
Family Advisory Board at the League of Women Voter roundtable Feb. 28 and it passes
unanimously.
Next Meeting
The next meeting of the Family Advisory Board will take place Thursday, March 1, at 3:30
p.m. in Room 203 at Town Hall.
Seeing no further business, Chair Greer adjourned the meeting at 5:31 p.m.
35
36
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
November 7, 2017 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Wayne Newsom, Vice-Chair John Lynch, Pete Smith, Jeff Moreau,
Rex Poggenpohl
Attending: Members Newsom, Lynch, Smith, Moreau, and Poggenpohl
Also Attending: Community Development Director Randy Hunt, Planner II Audem
Gonzalez, Senior Planner Jeff Woeber, Recording Secretary Thompson
Absent: None
Chair Newsom called the meeting to order at 9:00 a.m. There were two people in
attendance. He introduced the Board members and staff.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
1. AGENDA APPROVAL
It was moved and seconded (Smith/Moreau) to approved the agenda as presented
and the motion passed unanimously.
2. PUBLIC COMMENT
None.
3. CONSENT AGENDA
Approval of minutes dated October 3, 2017
It was moved and seconded (Poggenpohl/Smith) to approve the minutes as
presented and the motion passed unanimously.
4. METES AND BOUNDS PARCEL LOCAT ED AT 1901 FISH CREEK ROAD; FISH
CREEK STORAGE
Planner Gonzales reviewed the staff report. The applicants, Chris and Marlys
Eschelman, requested a variance from Estes Valley Development Code Section 7.2.B.2.b
Grading Standards. The variance would allow lowering original grade by approximately
24 feet in lieu of the 12-foot maximum allowed. The property is zoned I-1 Limited
Industrial. A development plan for the storage facility was approved by the Estes Valley
Planning Commission in October 2017. The side has an existing cliff along the west
property line, which will need to be cut back to increase the useable space.
Planner Gonzales reviewed the criteria for the variance, which can be viewed in the staff
report. There are very few properties in the Estes Valley zoned I-1, and this small site is
unique due to the existing cliff. The property to the west is platted as open space in the
37
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
November 7, 2017
Carriage Hills Subdivision. The application was routed to affected agencies. A legal
notice was published in the local newspaper and the adjacent property owners were
notified by mail.
Staff Member & Applicant Discussion
Lonnie Sheldon/project engineer stated that a retaining wall would not be needed, as the
cliff face is solid rock. The original grade of the property will not be changed. There is a
fence at the top of the cliff, which will be improved.
There was discussing regarding why the code is there to begin with. Director Hund stated
that is an unusual code requirement, as is not typical.
Chris Eschelman/applicant reviewed the project, and stated the blasting will be minimal
and should not affect the neighbors.
It was moved and seconded (Smith/Moreau) to approve the variance from EVDC
Section 7.2.B.2.b to allow grade change of approximately 24 feet to allow
construction of a storage facility at 1901 Fish Creek Road and the motion passed
unanimously.
5. REPORTS: none
There being no other business before the Board, the meeting adjourned at 9:17 a.m.
___________________________________
Wayne Newsom, Chair
__________________________________
Karen Thompson, Recording Secretary
38
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
December 5, 2017 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Wayne Newsom, Vice-Chair John Lynch, Pete Smith, Jeff Moreau,
Rex Poggenpohl
Attending: Members Newsom, Lynch, Smith, Moreau, and Poggenpohl
Also Attending: Planner Robin Becker, Recording Secretary Thompson
Absent: None
Chair Newsom called the meeting to order at 9:00 a.m. There were two people in
attendance. He introduced the Board members and staff.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
1. AGENDA APPROVAL
It was moved and seconded (Smith/Moreau) to approved the agenda as presented
and the motion passed unanimously.
2. PUBLIC COMMENT
None.
3. CONSENT AGENDA
Approval of minutes dated October 3, 2017
It was moved and seconded (Poggenpohl/Moreau) to CONTINUE the minutes as
presented and the motion passed unanimously.
4. LOT 30, HIGH PINES; 801 TURQUOISE TRAIL
Planner Becker reviewed the staff report. The variance request is to allow an 11-foot
setback in lieu of the 25-foot required setback in the E-1 zone district. The E-1 district
required 25-foot setbacks on all sides. The applicant desires to bring the existing
placement of the home into a conforming status.
Planner Becker reviewed the staff findings. The application was routed to affected
agencies. One comment was received by the County Building Department, which was
addressed satisfactorily by the applicant. A legal notice was published in the local
newspaper and adjacent property owners were notified by mail. There were no public
comments received. Staff recommends approval of the variance with no conditions.
Staff and Member Discussion
There was brief discussion regarding the lot size and the result of the variance.
39
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
October 3, 2017
It was moved and seconded (Moreau/Lynch) to approve the variance from EVDC as
requested and the motion passed unanimously.
5. REPORTS
1. Director Hunt reported the next Downtown Plan meeting will be at a Town Board Study
Session on December 12th. The goal is to have a finished product by early 2018. The
Estes Valley Comprehensive Plan update is back on track, and the goal is to have the
update completed by the end of 2017.
2. Director Hunt reported the PC recently discussed some fundamental issues regarding
a project on Marys Lake Road. The applicant has appealed the Planning Commission
decision and the Town Board will hear the appeal on December 12, 2017.
3. Director Hunt reported Recording Secretary Karen Thompson will be leaving her
position at Town Hall, and the search is on to find her replacement.
There being no other business before the Board, the meeting adjourned at 9:15 a.m.
___________________________________
Wayne Newsom, Chair
__________________________________
Karen Thompson, Recording Secretary
40
ADMINISTRATION Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Travis Machalek, Assistant Town Administrator
Date: March 13, 2018
RE: Parks Advisory Board Bylaw Update
Objective:
Approval of an update to the Parks Advisory Board Bylaws.
Present Situation:
The Town Board made two edits to the Town’s standard bylaw language during the
approval process for the Family Advisory Board bylaws in early 2017. Staff changed the
Town’s bylaw template to reflect these edits last year, but the Board also expressed a
desire to have these changes made to the bylaws of existing Advisory Boards. Staff
brought these edits to both the Parks Advisory Board and the Transportation Advisory
Board for review and recommendation earlier this year.
Proposal:
The two proposed edits are:
• Removing unnecessary verbiage regarding the Chairperson’s ability to speak for
or against proposals (Section IV.C.7); and
• Clarifying that the conflict of interest disclosure and voting abstention provisions
apply to financial interests (Section VIII.C).
The Parks Advisory Board has reviewed and accepted these proposed edits.
Advantages:
• Simplified bylaws that are easier to understand.
Disadvantages:
• None
Action Recommended:
Staff recommends approval of the proposed changes to the Parks Advisory Board
bylaws.
41
Finance/Resource Impact:
N/A
Level of Public Interest
Low
Sample Motion:
Consent Item
Attachments:
• Parks Advisory Board bylaws with redlined changes
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Revised 9/18/143/13/18
Parks Advisory Board
BY-LAWS
I. ROLE
The role of the Parks Advisory Board includes four primary responsibilities:
A. Advise the Public Works Parks Division Staff on compliance with Tree City USA Standards
through the development of a tree care ordinance, a community forestry program with an annual
budget of at least $2 per Capita, and an annual Arbor Day observance and proclamation.
B. Advise the Board of Trustees regarding the establishment and implementation of a Public
Art Policy that guides the acceptance and placement of public art memorials, donations, and
purchases.
C. Advise the Public Works Parks Division Staff and the Board of Trustees on content and
implementation of technical standards for public and private parks, trails, plantings, invasive
plants, noxious weeds, and pest control.
D. Support the Community environmental/wetlands educational programs in the schools and
community efforts on river restoration, clean up, bank revegetation, and water quality protection.
In addition to these bylaws, the Parks Advisory Board operates under the terms of the Town of
Estes Park Volunteer Manual. A copy of that document, along with these bylaws, shall be
provided to each member at the time of their appointment.
II. MEETINGS
A. Regular Meetings shall be held at least one time per month. Any item on the agenda which
cannot be heard and considered by the conclusion of the meeting may be continued until and
heard at the next regularly scheduled meeting or a specially scheduled meeting and shall have
priority over any other matters to be heard and considered.
B. Special Meetings may be held at any time upon call by the Chairperson. The Chairperson
shall call a special meeting upon request by the Town Board or Town Administrator, or upon
request by three of the members of the Parks Advisory Board.
C. Cancellation of Meetings Regularly scheduled meetings of the Parks Advisory Board may be
canceled or rescheduled upon:
1. Approval by two-thirds of the members of the Board.
2. By the Staff Liaison in the event that no agenda items are scheduled at the meeting to
be cancelled.
D. Meeting Procedures for matters requiring action by the Board, parliamentary procedure shall
be followed in moving, discussion, and acting on such matters.
E. Open Meetings All meetings and action of the Board shall be in full compliance with
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Revised 9/18/143/13/18
State Statutes governing open meetings as amended and incorporated herein by reference. It
is the responsibility of the Staff Liaison to be familiar with these statutes and regulations.
F. Attendance by Non-members Meetings may be attended by persons who are not members of
the Parks Advisory Board. At the discretion of the Chairperson, nonmembers may be allowed to
speak at meetings. However, in no event shall nonmembers be allowed to vote on matters for
which a vote is required.
III. MEMBERS AND QUORUM
A. Membership shall consist of citizens living in the Estes Valley for at least 2 years and have
experience with trees, weeds, public art, trails or park design, and environmental education and
design. There shall be 7 members.
B. Terms Members shall be appointed to a 3 year term. The terms of the members shall be
staggered so that the terms of an equal number of the members expire each year.
C. Vacancies shall be filled by appointment by the Town Board for the unexpired portion of the
term of the position to be filled.
D. Recommendations for Appointment Upon request by the Town Board, the Parks Advisory
Board shall make recommendations for appointments to the Town Board.
E. Ex-officio members of the Board shall not vote on matters requiring a vote by the Board.
1. Ex-officio members shall receive copies of all notices, documents, and records of
proceedings of the Board.
2. Ex-officio members shall not be entitled to vote on motions before the Board.
F. Quorum A Quorum shall be four or more members of the seven-member Board. A quorum
must be present in order to take a vote on any action items.
G. Action by the Parks Advisory Board shall be by majority vote of the members attending any
regular or special meeting at which a quorum is present, unless otherwise provided in these by-
laws
IV. OFFICERS
A. Officers shall include a Chairperson and a Vice Chairperson as selected by the Board.
B. Elections Officers shall be elected by the members annually, at the first regularly scheduled
meeting of each year. Officers shall be members of the Board. Notification of who is elected
Chair will be sent to the Town Clerk.
C. Chairperson responsibilities:
1. Preside at all meetings.
2. Insure that all meetings are conducted with decorum and efficiency.
3. Call special meetings in accordance with the by-laws.
4. Sign any documents prepared by the Parks Advisory Board for submission to the Town
Board or town departments.
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Revised 9/18/143/13/18
5. See that decisions of the Board are implemented.
6. Represent the Board in dealings with the Town Board or other organizations.
7. The Chairperson has the same right as any other member of the Board to vote on
matters before the Board and to speak for or against proposals., provided, however, that
if the Chairperson desires to speak for or against a proposal which has been formally
moved and seconded at a public meeting, the Chairperson shall relinquish the chair to
the Vice-Chairperson while he or she is speaking.
D. Vice-Chairperson responsibilities:
1. Assist the Chairperson as requested.
2. Accept and undertake duties delegated by the Chairperson.
3. Preside over meetings or perform other duties of the Chairperson in the event the
Chairperson is absent or unable to act.
E. Removal from Office Any officer may be removed from office by a majority vote of the
members of the Parks Advisory Board in attendance at a meeting provided that at least thirty
days notice has been given to all members that removal of the officer will be considered at such
meeting.
F. Officer Vacancies If any office is vacant, the members of the Board shall elect a member to
fill the office for the remainder of the year.
V. ATTENDANCE
Regular attendance by the members of the Board is expected.
VI. GENERAL PROVISIONS
These by-laws may be amended at any regular or special meeting of the Parks Advisory Board
by a majority of the membership of the Board provided that notice of such possible amendments
is given to all members at least 20 days prior to the meeting at which action is to be taken: Any
amendments shall be subject to review and approval by the Town Board.
VII. COMPLIANCE WITH TOWN POLICIES
A. The Board shall operate in compliance with the adopted Town Board policy on Town
Committees, Policy 100 as amended. The terms of this policy are incorporated in these
bylaws by this reference and are available upon request.
B. Volunteer members of the board will act in accordance to the adopted Town Volunteer
Manual.
VIII. CONFLICT OF INTEREST
A. A conflict of interest occurs when a person’s private, personal relationships or interests
diverge so that an independent observer may reasonably question whether the person’s
actions or decisions are determined by personal benefit, gain, or advantage.
B. Members of the Board shall not use their membership for private gain, and shall act
impartially and not give preferential treatment to any private organization or individual.
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Revised 9/18/143/13/18
C. A member of the Board who has a personal or private financial interest in a matter proposed
or pending shall disclose such interest to the committee; shall not vote on the item; and shall
not attempt to influence the decisions of other members voting on the matter.
Adopted the ________ day of _____________, 2018
PARKS ADVISORY BOARD
By: ________________________________
Chairperson
Reviewed and approved the _____ day of __________________, 2018.
ESTES PARK BOARD OF TRUSTEES
By: ___________________________________
Mayor
46
ADMINISTRATION Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Travis Machalek, Assistant Town Administrator
Date: March 13, 2018
RE: Transportation Advisory Board Bylaw Update
Objective:
Approval of an update to the Transportation Advisory Board Bylaws.
Present Situation:
The Town Board made two edits to the Town’s standard bylaw language during the
approval process for the Family Advisory Board bylaws in early 2017. Staff changed the
Town’s bylaw template to reflect these edits last year, but the Board also expressed a
desire to have these changes made to the bylaws of existing Advisory Boards. Staff
brought these edits to both the Transportation Advisory Board and the Parks Advisory
Board for review and recommendation earlier this year.
Proposal:
The two proposed edits are:
Removing unnecessary verbiage regarding the Chairperson’s ability to speak for
or against proposals (Section IV.C.7); and
Clarifying that the conflict of interest disclosure and voting abstention provisions
apply to financial interests (Section VIII.C).
The Transportation Advisory Board has reviewed and accepted these proposed edits.
Advantages:
Simplified bylaws that are easier to understand.
Disadvantages:
None
Action Recommended:
Staff recommends approval of the proposed changes to the Transportation Advisory
Board bylaws.
47
Finance/Resource Impact:
N/A
Level of Public Interest
Low
Sample Motion:
Consent Item
Attachments:
Transportation Advisory Board bylaws with redlined changes
48
Revised 11/26/143/13/18
Town of Estes Park
Transportation Advisory Board
BY-LAWS
I. ROLE
The mission of the Town of Estes Park Transportation Advisory Board is to advise the Town
Board of Trustees and the Public Works staff on:
A. Local and Regional Comprehensive Transportation Planning Policies that protect air
quality, diminish congestion, and enhance the safety and quality of life for the citizens,
businesses, and visitors to the Estes Valley, including but not limited to pedestrian,
bicycle, automobile, and transit modes.
B. Maintenance, Operation, and Expansion Programs for all modes of the Town’s
transportation system.
C. Transportation Capital Projects to insure the Town’s transportation goals and policies for
roads, trails, parking, signage, and transit are implemented.
In addition to these bylaws, the Transportation Advisory Board operates under the terms of
the Town of Estes Park operating policy 102 – Town Committees. A copy of that procedure,
along with these bylaws, shall be provided to each member at the time of their appointment.
II. MEETINGS
A. Regular Meetings shall be held at least one time per month, with additional meetings
scheduled as needed. Any item on the agenda which cannot be heard and considered by the
conclusion of the meeting may be continued until and heard at the next regularly scheduled
meeting or a specially scheduled meeting and shall have priority over any other matters to be
heard and considered.
B. Special Meetings may be held at any time upon call by the Chairperson. The
Chairperson shall call a special meeting upon request by the Town Board, Town Administrator,
or Director of Public Works, or upon request by three of the members of the Board.
C. Cancellation of Meetings Regularly scheduled meetings of the Transportation Advisory Board
may be canceled or rescheduled upon approval by two-thirds of the members of the Board.
D. Meeting Procedures for matters requiring action by the Committee, parliamentary
procedure shall be followed in moving, discussion, and acting on such matters.
E. Open Meetings All meetings and action of the Committee shall be in full compliance with
State Statutes governing open meetings, as amended and incorporated herein by reference. It
is the responsibility of the Staff Liaison to be familiar with these statutes and regulations.
F. Attendance by Non-members Meetings may be attended by persons who are not members of
the Transportation Advisory Board. At the discretion of the Chairperson, nonmembers may be
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Revised 11/26/143/13/18
allowed to speak at meetings. However, in no event shall nonmembers be allowed to vote on
matters for which a vote is required.
III. MEMBERS AND QUORUM
A. Membership. The Board shall consist of nine (9) members. Members must be residents of
the Estes Valley Planning District.
B. Terms. Members shall be appointed to a 3 year term. The terms of the members shall be
staggered so that the terms of an equal number of the members expire each year on March
31st.
C. Vacancies. Vacant positions shall be filled by appointment by the Town Board for the
unexpired portion of the term of the position to be filled.
D. Recommendations for Appointment Upon request by the Town Board, the Transportation
Advisory Board shall make recommendations to the Town Board for Transportation Advisory
Board appointments.
E. Quorum. A quorum of the Board shall consist of 2/3 of the members of the Board being
present at the meeting.
F. Action. Action by the Board shall be by majority vote of the members attending any regular
or special meeting at which a quorum is present, unless otherwise provided in these by-
laws.
IV. OFFICERS
A. Officers. The Board officers shall include a Chairperson and a Vice Chairperson as
selected by the Board.
B. Elections. Officers shall be elected by the members annually at the first regularly scheduled
meeting of each year. Officers shall be members of the Board. Notification of who is
elected Chair will be sent to the Town Clerk.
C. Chairperson Responsibilities:
1. Preside at all meetings
2. Insure that all meetings are conducted with decorum and efficiency
3. Call special meetings in accordance with the By-laws
4. Sign any documents prepared by the Transportation Advisory Board for submission to the
Town Board or Town Departments
5. See that decisions of the Board are implemented
6. Represent the Board in dealings with the Town Board or other organizations.
7. The Chairperson has the same right as any other member of the Board to vote on matters
before the Board and to speak for or against proposals., provided, however, that if the
Chairperson desires to speak for or against a proposal which has been formally moved
and seconded at a public meeting, the Chairperson shall relinquish the chair to the Vice-
Chairperson while he or she is speaking..
D. Vice-Chairperson Responsibilities:
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Revised 11/26/143/13/18
1. Assist the Chairperson as requested,
2. Accept and undertake duties delegated by the Chairperson,
3. Preside over meetings or perform other duties of the Chairperson in the event the
Chairperson is absent or unable to act.
E. Other Position Responsibilities: None.
F. Removal from Office. Any officer may be removed from office by a majority vote of the
members of the Transportation Advisory Board in attendance at a meeting provided that at
least thirty days notice has been given to all members that removal of the officer will be
considered at such meeting.
G. Officer Vacancies. If any office is vacant, the members of the Transportation Advisory Board
shall elect a member to fill the office for the remainder of the year.
V. ATTENDANCE
A. Regular attendance by the members of the Board is expected. In the event any member
misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a
calendar year, the Town Board may remove its appointed member for neglect of duty and
designate a new member to fill the vacancy.
VI. GENERAL PROVISIONS
A. These by-laws may be amended at any regular or special meeting of the Transportation
Advisory Board by a majority of the membership of the Board provided that notice of such
possible amendments is given to all members at least 20 days prior to the meeting at which
action is to be taken. Any amendments shall be subject to review and approval by the Town
Board.
VII. COMPLIANCE WITH TOWN POLICIES
A. The Board shall operate in compliance with the adopted Town Board policy on Town
Boards, Policy 102 as amended. The terms of this policy are incorporated in these Bylaws
by this reference and are attached herewith.
B. Volunteer members of the Board will act in accordance to the adopted Town Volunteer
Manual.
VIII. CONFLICT OF INTEREST:
A. A conflict of interest occurs when a person’s private, personal relationships or interests
diverge so that an independent observer may reasonably question whether the person’s
actions or decisions are determined by personal benefit, gain, or advantage.
B. Members of Boards shall not use their membership for private gain, and shall act impartially
and not give preferential treatment to any private organization or individual.
C. A member of any Board who has a personal or private financial interest in a matter
proposed or pending shall disclose such interest to the Board; shall not vote on the item;
and shall not attempt to influence the decisions of other members voting on the matter.
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Revised 11/26/143/13/18
Adopted this ___day of _______
ESTES PARK BOARD OF TRUSTEES
By: ________________
Mayor
52
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Randy Hunt, Community Development Director
Date: March 13, 2018
RE: Estes Park Board of Appeals Reappointments
Objective:
Appoint two applicants to the Town of Estes Park Board of Appeals; both applicants are
sitting members of the Board.
Present Situation:
The Town’s Board of Appeals is a five-member board whose members are appointed by
the Town Board of Trustees. This Board is required by the various International Building
Codes, and its purpose is to hear appeals of the Building Official’s decisions and to
advise staff and elected officials on matters pertaining to code amendments and code
interpretations. Specific seats on the Board are designated by Code to represent
various building trades and design specialties (architecture, general contractors, etc.)
Members serve for terms of five (5) years and are not term-limited.
The Board currently has one seat with an already expired term of appointment
(Mechanical Contracting / Engineering), and one seat with a term set to expire on May
1, 2018 (Architecture). Sitting members for those categories are Brad Klein and Joe
Calvin, respectively.
A third seat (General Contractor) has also been advertised, with more than one
applicant. Appointment to this seat will be addressed in a subsequent meeting.
Proposal:
The Board vacancies have been advertised through the Administrative Services Dept.’s
standard protocols for several months. To date the only applicants for the two seats are
Mr. Klein and Mr. Calvin, both having applied for reappointment to their respective
seats.
Staff is pleased to report that both Mr. Calvin and Mr. Klein have remained fully qualified
to represent their specialty matters on the Board. Both members have served regularly
and well for us.
53
Although the seats could continue to be advertised, there is always a balance between
a lengthy search process and ensuring that any Board has a quorum and full
representation. In this case, staff views filling the seats expeditiously with qualified
sitting members to be the best path forward.
Per the Town Board’s past policy and practice, if only one qualified applicant is in a
queue, a formal appointment interview has not been deemed necessary.
Advantages:
Provides continuity on the Board of Appeals for competent membership
Provides representation on the Board for these two specialty professions
Disadvantages:
None identified
Action Recommended:
Staff recommends approval of the appointments.
Budget:
n/a
Level of Public Interest
Low.
Sample Motion:
I move that the Town Board of Trustees approve appointments to the Estes Park Board
of Appeals of: (a) Brad Klein for a new term ending on May 1, 2021; and (b) Joe Calvin
for a new term ending on May 1, 2023.
Attachments:
n/a
54
TOWN CLERK Memo
To: Honorable Mayor Jisa
Board of Trustees
Through: Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: March 13, 2018
RE: Transportation Advisory Board Appointment
Objective:
To reappoint one member to the Transportation Advisory Board (TAB) due to term
expiration.
Present Situation:
Members Gordon Slack, Claudine Perrault and Kimberly Campbell terms expire on
March 31, 2018. Administrative Services advertised for the positions on the board and
received one application from Gordon Slack. The Town has received resignations from
both Claudine Perrault and Kimberly Campbell.
Proposal:
Staff recommends the reappointment of Gordon Slack at this time to ensure the Board
can maintain a quorum at their meetings. The two open positions will continue to be
advertised through March with the intent to interview and bring forward appointments at
the first meeting in April.
Advantages:
Filling the position would ensure a quorum.
Disadvantages:
The Board may not have a quorum for meetings.
Action Recommended:
Reappointment Gordon Slack for an additional three (3) year term expiring on March 31,
2021.
Budget: None.
Level of Public Interest. Low.
Sample Motion:
I move to approve/deny the appointment of Gordon Slack for a term expiring on March
31, 2021.
55
56
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jeffrey Woeber, Senior Planner
Date: March 13, 2018
RE: Ordinance #03-18: Amendment to the Estes Valley Development Code §11.4
Adding a Subsection for a “Restrictive Covenant and Agreement” Within the
Incentives for Attainable and Workforce Housing
Objective:
Review and decide on a proposed text amendment to the Estes Valley Development Code
(EVDC), to add a subsection that provides an option for a “Restrictive Covenant and
Agreement” within Chapter 11 (Incentives), regarding incentives for attainable and workforce
housing.
Staff and the Estes Valley Planning Commission recommend approval of the language in
Exhibit Red to the Town Board of Trustees and the Board of County Commissioners.
Present Situation:
Chapter 11 of the EDVC (Incentives) includes incentives for developers to establish attainable
or workforce housing within the EDVC Boundary. The applicable incentive is to provide for
attainable and workforce housing through a density bonus of up to twice the allowed base
density, for residential development in the RM, Multi-Family Residential Zone District.
Attainable housing includes renter or owner-occupied housing, where qualified households must
meet specific income requirements. Workforce housing is where a qualified resident must meet
specific residency and employment requirements.
A current requirement in the EDVC to develop attainable and workforce housing with the density
bonus involves deed-restricting housing units designated attainable or workforce. Any
ownership deed for these attainable and workforce units must have a restriction, where the unit
is only to be rented or owned by those qualified per the income or residency requirements.
Under current Code, this deed restriction must be for a time period of at least fifty years. (A
separate discussion will be ongoing on the appropriate length of this restriction.)
A recent development proposal brought to staff’s attention some limitations with the deed
restriction requirement. For example, a situation where a developer proposes a multi-family
type of subdivision with multiple lots, each of which could ultimately be under separate
ownership, and each lot having multiple dwelling units. Under Code at the time this application
was filed, at least half of the units on a lot were required to be attainable or workforce in order to
receive the density bonus. (This 50 percent threshold would also be appropriate for separate
discussion.)
The limitation in this case is that if the units are not to be condominiums, there will not be a
separate ownership deed for each unit. With that, deed restricting less than 100 percent of the
57
units as allowed is difficult or impossible, if the units are to be on separate lots. Problems
involve administering such a deed restriction, and also the inability to obtain financing or loans.
Condominiums on a single General Common Area lot would not result in this difficulty. However,
banks have been reluctant in recent years to lend for condominium projects in Colorado and
elsewhere.
Proposal:
Currently, the only available mechanism to assure that attainable and workforce housing units
allowed through the EDVC’s provision for a “density bonus” is limited only to qualified persons,
is through a deed restriction. This amendment would add an additional option, for a Restrictive
Covenant and Agreement.
Allowing a project of this type to move forward is in the best interests of the Estes Valley
community, due to the need for more attainable and workforce housing. Staff researched
various other communities where there are similar attainable and workforce housing programs,
and found that a provision for a “Restrictive Covenant and Agreement” is a viable alternative to
deed restrictions and can simplify administrative record-keeping and tracking. The amendment
to the Code that staff proposes adding is on the attached Exhibit Red.
Advantages:
Complies with the EVDC §3.3.D Code Amendments, Standards for Review.
Advances the intent and community-wide policies set forth in the Estes Valley
Comprehensive Plan.
Adds an option to encourage developers to provide more attainable and workforce housing
in the Estes Valley.
Disadvantages:
Adds slightly to Code length and complexity.
Action Recommended:
The Estes Valley Planning Commission heard this item on February 20, 2018, and by a vote of
six for, one against, recommended that the Town Board of Trustees and the Board of County
Commissioners approve the amendment as shown in Exhibit Red.
In discussion of the Code amendment, the Planning Commission did mention that the 50-year
time period for the Restrictive Covenant and Agreement may be quite limiting, and does not
leave leeway for projects that may be done with fewer than 50 years. Staff may revisit this 50-
year time period in the future, and propose an amendment should it become problematic.
Budget:
N/A
Level of Public Interest
Low.
Sample Motion:
I move that the Town Board of Trustees approve Ordinance No. xx-xx, amending the Estes
Valley Development Code as stated in Exhibit Red, finding that the amendment is in accord with
the Comprehensive Plan and with Section 3.3 of the Development Code.
58
Attachments:
1. Ordinance No. 03-18: Amendment to the Estes Valley Development Code §11.4 Adding
a Subsection for a “Restrictive Covenant and Agreement” Within the Incentives for
Attainable and Workforce Housing
2. Exhibit Red – CHAPTER 11. INCENTIVES, §11.4 ATTAINABLE HOUSING DENSITY
BONUS, E. Development and Design Standards, 4.
59
ORDINANCE NO. 03-18
AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT
CODE TO ADD A SUBSECTION FOR A RESTRICTIVE COVENANT
AND AGREEMENT WITHIN THE INCENTIVES FOR ESTABLISHING
ATTAINABLE AND WORKFORCE HOUSING
WHEREAS, on February 20, 2018, the Estes Valley Planning Commission conducted a
public hearing on a proposed text amendment to the Estes Valley Development Code, CHAPTER
11. INCENTIVES, §11.4 ATTAINABLE HOUSING DENSITY BONUS, E. Development and
Design Standards; and found that the text amendment complies with Estes Valley Development
Code §3.3.D Code Amendments, Standards for Review; and
WHEREAS, on February 20, 2018, the Estes Valley Planning Commission voted to
recommend approval of the text amendment; and
WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment
complies with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review
and has determined that it is in the best interest of the Town that the amendment to the Estes
Valley Development Code, as set forth on Exhibit Red, be approved; and
WHEREAS, said amendment to the Estes Valley Development Code is set forth on Exhibit
Red, attached hereto and incorporated herein by this reference:
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
Section 1: The Estes Valley Development Code shall be amended as more fully set
forth on Exhibit Red.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
PASSED AND ADOPTED by The Board of Trustees of The Town of Estes Park,
Colorado, This Day of _______, 2018.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
60
I hereby certify that the above Ordinance was introduced and read at a regular meeting of the
Board of Trustees on the ________ day of _______________, 2018 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the ________ day of
____________, 2018, all as required by the Statutes of the State of Colorado.
Town Clerk
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62
PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Greg Muhonen, PE, Public Works Director
Date: March 13, 2018
RE: Resolution #05-18 Supplemental Budget Appropriation for Downtown Estes
Loop (DEL) Right-of-Way Acquisitions
Objective:
Public Works (PW) staff proposes the Town authorize spending existing local match funds for
ongoing project design and right-of-way acquisition expenses for the DEL.
Present Situation:
• The Town Board voted on March 26, 2013 to submit an application for a Colorado
Federal Lands Access Program (FLAP) grant in the amount of $13M specifically for
the one-way loop.
• The Mayor signed the Project Agreement with Central Federal Lands Highway Division
(CFLHD) on February 28, 2014. A copy is attached.
• On April 15, 2015 the Town Board reaffirmed its support of the project when it voted to
continue forward with the CFLHD initiated NEPA process for the one-way couplet
(Proposed Action) and No Action alternatives.
• On November 29, 2016 the Town Board voted to complete Phase 1 of the DEL and
authorized the Mayor to sign the concurrence letter needed for the FONSI.
• There is no appropriation in the 2018 budget to pay the Town’s obligated local share of
the DEL project costs.
Proposal:
PW staff is concerned that Federal allocation of FLAP funds to other CO FLAP projects could
delay our project. Staff proposes the remaining Town local match funding for the DEL be
made available to pay for project design and right-of-way acquisition expenses each month
as needed by CFL. This may include payments exceeding the historic invoice amounts of
24.9% of costs expended per period in order to maintain expedient forward progress on the
design and right-of-way acquisition processes. It is not expected all of these funds will be
spent in 2018. A final project cost share reconciliation will be performed post-construction to
insure the maximum Town payment of $4.2 million, and a minimum of 17.21% of total project
funding, is honored as previously agreed in Section IV of the FHA/Town Agreement.
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Advantages:
•Providing local funds for right-of-way acquisition minimizes risk of delay to the land
purchases which could occur due to funding interruptions at the Federal level. It is
important to facilitate swift closure of the land purchases so the impacted property
owners can move forward with their personal decision-making.
•Completion of the right-of-way acquisitions and final design drawings will position the
Town to request the Colorado Federal Lands Access Programing Decision Committee
(CO FLAP PDC) move the project construction funding forward from 2021/2022 to
2019/2020. This reduces the risk of higher project construction costs due to inflation,
more quickly implements DEL solutions to the Town’s downtown traffic congestion
problems, and reduces downtown flood risk from the Big Thompson River.
•Accelerated payment of the Town’s obligated local match could reduce monthly project
administrative costs in the PW and Finance Departments.
•Payment of local match funds solidifies Estes Park’s ongoing, good-faith commitment
to the project and re-establishes trust with the CO FLAP PDC. This is necessary in
order to secure funding for future FLAP grant applications (next call expected in 2019).
Disadvantages:
•The DEL project is controversial and ongoing support is viewed negatively by a
segment of the community.
•Payment of local match funds reduces the Town’s interest earning potential.
Approximately $5000 in interest was earned on the $3.9 million in 2017.
Action Recommended:
PW staff recommends the Town Board support the DEL design and right-of-way acquisition
funding and scheduling needs by approving Resolution #05-18.
Finance/Resource Impact:
The local match funding in the amount of $4.2 million was provided to the Town by the
Colorado Department of Transportation (CDOT) in 2015. To date, $279,798 has been spent
by the Town on this project (see attached Calculation of Designated Reserve). This
resolution authorizes expenditure of the remaining $3,920,202 local match funds. No
expenditures of the Town’s General Funds are contemplated or requested.
Level of Public Interest
The known level of public interest in this item is high.
Sample Motion:
I move for the approval/denial of Resolution # 05-18 appropriating $3,920,202 for the
Downtown Estes Loop project for the budget year ending December 31, 2018.
Attachments:
FHA/Town Agreement, Calculation of FLAP Designated Reserve, Resolution No. 05-18
64
I
I
I
Federal Highway Administration
Federal Lands Highway
AGREEMENT
DTFH68-14-E-00004
PARTIES TO THE AGREEMENT Reimbursing Organization Organization to be Reimbursed Town of Estes Park, Colorado Federal Highway Administration Central Federal Lands Highway Division 12300 West Dakota Ave Lakewood, CO 80228
DUNS Number: 078355450 DUNS Number TIN: 126129936
POINTS OF CONTACT FOR THE AGREEMENT Reimbursing Organization Organization to be Reimbursed Finance Point of Contact Finance Point of Contact Name: Steve McFarland Name: Suzanne Schmidt Address: PO Box 1200 Address: 12300 West Dakota Ave Estes Park, CO 80517 Lakewood, CO 80228 Phone: 970-577-3560 Phone: 720-963-3356E-mail: sMcFarland@estes.orQ E-mail:suzanne.schmidtlmdot.aov
Reimbursing Organization Organization to be Reimbursed Program Point of Contact Program Point of Contact Name: Scott Zurn Name: Micah J. Leadford Address: PO Box 1200 Address: 12300 West Dakota Ave Estes Park, CO 80517 Lakewood, CO 80228 Phone: 970-577-3560 Phone: 720-963-3498E-mail: szurn@estes.orq E-mail: m icah. leadford@dot.gov
PERIOD OF PERFORMANCE LEGAL AUTHORITY
From: see date of signature below To: June 30, 2017 23 U.S.C. 201 and 204
TOTAL AGREEMENT AMOUNT PAYMENT TERMS AND SCHEDULE
TOTAL AGREEMENT AMOUNT: $4,200,000.00 EFT
DESCRIPTION OF SUPPLIES, SERVICES, AND DELIVERABLES
See attached SOW
AUTHORIZED APPROMALS Organization ��?kfL inaM� Date,,2f �q
Title !1 /4 Y �
dor Org�tion to be Reimbursed -= .,tf'
� �-�-� SA l t;g:s L ;{;;, Date
1 Titl yvl6tov rt�
l
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Statement of Work
Reimbursable Agreement No.
DTFH68-14-E-00004
February 28, 2014
I.Introduction: The Federal Highway Administration, Central Federal Lands Highway
Division (CFLHD) will provide design and construction delivery services for the CO
FLAP 34(1) & 36(1) Moraine Avenue and Riverside Drive project. The Town of Estes
Park, Colorado will provide funding for the local match, per the federal requirements
listed below. The Town of Estes Park shall be referred to as the Requesting Agency
and the CFLHD shall be referred to as the Servicing Agency.
II.Location: Moraine A venue and Riverside Drive, Estes Park, CO
III.Work Required: For the CO FLAP 34(1) & 36(1) Moraine Avenue and Riverside Drive
project, as selected by the Programming Decisions Committee (PDC) in the state of
Colorado, perform project environmental compliance, design, right-of way, permitting,
contracting and construction in accordance with CO FLAP 34(1) & 36(1) Moraine
Avenue and Riverside Drive Colorado Federal Lands Access Program Memorandum of
Agreement.
The proposed project would reconfigure the circulation system through Estes Park by
realigning and reconstructing West and East Riverside Drives into a continuous one-way
(eastbound) roadway and reconfiguring Elkhorn Avenue/Moraine Avenue to a one-way
configuration (westbound) creating one-way couplets through Estes Park that would be US
Highway 36. The reconfiguration would also include upgrades to Rockwell Street to
accommodate additional traffic from the change of Elkhorn Avenue to one-way in the
westbound direction.
IV.Non-Federal Share of Costs: It is estimated that Federal Lands Access Program funding
will be used to fund the scoping effort as follows:
Design, construction and construction engineering cost(s) are summarized as follows:
Item Estimate ($) Comments
ROW $2,400,000
Utilities $850,000
Preliminary Eng. $1,400,000
Construction $9,000,000 Assumed 2016 construction
Construction Eng. $900,000
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FHWA and Town of Estes Park, Colorado
Reimbursable Agreement No. DTFH68-1 4-E-00004
February 28, 201 4
Item Estimate ($)
Contingency $2,655,000
Total $17,205,000
Comments
As outlined in Section VIII.C, Town of Estes Park will provide funds in the amount of
24.4 % of the total Federal Lands Access Program funding required to complete the
work in this Agreement. The amount of matching funds provided by the Town of Estes
Park shall not exceed $4,200,000.00, but shall meet the minimum of 17.21 % of total
project funding.
The Requesting Agency is not required to reimburse the Servicing Agency for any costs
incurred by the Servicing Agency prior to the date of this Agreement.
V.Period of Performance: All work associated with this agreement will be completed no
later than June 30, 2017.
VI.Technical Representative: CFLHD Program Point of Contact for this Agreement is Mr.
Micah Leadford, Project Manager. Mr. Leadford can be contacted at 720-963-3498 or
micah.leadford@dot.gov.
The Town of Estes Park Program Point of Contact for this Agreement is Mr. Scott Zurn
and can be contacted at (970) 577-3582.
VIL Scope of Work:
Refer to Section III of this agreement and CO FLAP 34(1) & 36(1) Moraine Avenue and
Riverside Drive Colorado Federal Lands Access Program Memorandum of Agreement.
VIII.Financial Administration:
A.Total Agreement Amount:Not to exceed $4,200,000.00
B.Funding Citations: 23 U.S.C. 201 and 204.
C.Reimbursable Payment:
The Servicing Agency will invoice the Requesting Agency on a monthly basis in the
amount of 24.9 % of the total Federal Lands Access Program funding expended for the
project for preliminary engineering (project development), construction engineering
( administration and oversight of the construction contract) and progress payments made
to the construction contractor.
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FHWA and Town of Estes Par k, Colorado
Reimbursable Agreement No. DTFH68-l 4-E-00004
Februaiy 28, 2014
The Servicing Agency is limited to recovery of the matching share of actual costs
incurred, as reflected in the invoice provided by the Servicing Agency.
The Servicing Agency shall not incur costs which result in matching funds exceeding
the maximum cost stated in this Agreement without authorization by the Requesting
Agency in the form of written modification to this agreement.
Upon receipt of the invoice of costs incuned and authorized, the Requesting
Agency will issue payment via one of the methods listed below.
The Servicing Agency will furnish a final Project Status Report detailing the funding
usage on the project and calculations used to determine match funding requirements.
The Servicing Agency requests that these payments be made through the US Treasury's
website https://pay.gov. Pay.gov can be, used to make secure electronic payments to any
Federal Government Agencies via credit card or direct debit. Payment shall be
submitted referencing the FHWA/CFLHD-ID
Agreement Number: DTFH68-14-E-00004
Option 1 (Preferred Method)
Plastic Card or Automatic Clearing House Payment (ACH Direct Debit)
Go to Treasury's website, https://pay.gov.
Search for Agency Name
Select the appropri ate Transportation Agency
Follow the form instructions to make your payment. Note: If making an ACH payment from
your bank account, please select ACH Direct Debit as the payment type.
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FHWA and Town of Estes Park, Colorado
Reimbursable Agreement No. DTFH68-14-E-00004
Febrnary 28, 2014
Option2
Mail Check payment to the following address for Paper Check Conversion (PCC) processing:
Regular Mail
MAKE CHECK PAYABLE TO:
DOT FHWA
MAILING ADDRESS:
Enterprise Service CenterFederal Aviation Administration
ATTN: AMZ-340, Mark Richardson
6500 S. MacArthur Blvd., HDQ Rm 285
Oklahoma City, OK 73169
https://www.pay.gov/paygov/
Notice to Customers Making Payment by Check:
Please notify Regina Monroe at 720-963-3460 or regina.monroe@dot.gov if mailing a
check.
When you provide a check as payment, you au thorize us either to use information from your
Check to make a one-time electronic fund transfer from your account or to process the payment
as a check transaction.
When we use information from your check to make an electronic fund transfer, funds may be
withdrawn from your account as soon as the same day we receive your payment, and you will
not receive your check back from your financi al institution.
Privacy Act-A Privacy Act Statement required by 5 U.S.C. § 552a(e)(3) stating our authority for soliciting and collecting the information from your check, and explaining the purposes and routine uses which will be made of your check infonnation, is available !Torn our internet site at (PCCOTC.GOV), or call toll free;: at (1-800-624-13 7 to obtain a copy by mail. Furnishing the check information is voluntary, but a decision not to do so may require you to make payment by some other method,
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FHW A and Town of Estes Park, Colorado
Reimbursable Agreement No. DTFH68-14-E-00004
Febrnary 28, 2014
IX.Modifications:
Any modifications to the Agreement must be made in writing and agreed to by both
parties. Such modifications are not binding unless they are in writing and signed by
personnel authorized to bind each of the agencies.
X.Agreement Completion:
When the Requesting Agency has accepted all deliverables, the Servicing Agency will
provide a written project evaluation and final accounting of project costs to the
Requesting Agency contact.
XI.Termination:
This agreement will terminate upon the date specified in Section V or upon 30 calendar
day prior written notification to the other party. If this agreement is terminated by the
Requesting Agency its liability shall extend to 100 percent of actual and reasonable
costs of the items/services rendered and the costs of any non-cancelable obligations
incurred prior to the effective date of termination. If this agreement is terminated by the
Servicing Agency its liability shall extend only to the release of its work products and
related materials to the Requesting Agency by the effective date of termination.
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RESOLUTION FOR
SUPPLEMENTAL BUDGET APPROPRIATIONS for 2018
NO. 05-18
A RESOLUTION APPROPRIATING ADDITIONAL SUMS OF MONEY FOR THE VARIOUS
FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET
FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR
BEGINNING ON THE FIRST DAY OF JANUARY 2018 AND ENDING ON THE LAST DAY OF
DECEMBER 2018.
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the 2018
annual budget in accordance with the Local Government Budget Law on November 28th, 2017;
and
WHEREAS, the Town has identified a need to expend some of the Estes Park Downtown
Loop funding reserves which were not included in the original 2018 budget; and
WHEREAS, it is not only required by law, but also necessary to appropriate available
fund balance reserves to and for the Estes Park Downtown Loop improvements, 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 be increased by $3,920,202 for the Street Improvement Fund and
this amount is hereby appropriated from available fund balance of the Street Improvement Fund.
Fund #
Fund Name
Existing
Appropriations
Amendment
Amended
Appropriations
260 Street Improvement Fund 1,697,375 3,920,202 5,617,577
ADOPTED this 13th day of March, 2018.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
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TOWN OF ESTES PARK
RECAP OF PROPOSED BUDGET ADJUSTMENTS
FOR YEAR ENDED 12-31-2018
RESOLUTION # 05-18
AS OF MARCH 13, 2018
260
STREET
Revenues, As Amended 1,685,900$
Expenses, As Amended 5,617,577
Net (3,931,677)
Estimated Beginning Fund Balance, 1/1/18 4,338,626
Estimated Ending Fund Balance, 12/31/18 406,949$
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TOWN OF ESTES PARK
SUMMARY OF ANTICIPATED REVENUE ADJUSTMENTS
FOR YEAR ENDED 12-31-2018
RESOLUTION # 05-18
AS OF MARCH 13, 2018
FUND FUND NAME
CURRENT 2018
BUDGET
RESOLUTION #
05-18
REVISED 2018
BUDGET
101 GENERAL FUND 17,354,656 - 17,354,656
204 COMMUNITY REINVESTMENT 3,010,230 - 3,010,230
211 CONSERVATION TRUST 32,550 - 32,550
220 LARIMER COUNTY OPEN SPACE 608,155 - 608,155
236 EMERGENCY RESPONSE 69,800 - 69,800
238 COMMUNITY CENTER 696,700 - 696,700
244 TRAILS 352,100 - 352,100
260 STREET 1,685,900 - 1,685,900
502 LIGHT & POWER 16,279,710 - 16,279,710
503 WATER 5,596,748 - 5,596,748
606 MEDICAL INSURANCE 2,590,625 - 2,590,625
612 FLEET 428,825 - 428,825
625 INFORMATION TECHNOLOGY 726,276 - 726,276
635 VEHICLE REPLACEMENT 892,419 - 892,419
TOTAL 50,324,694 - 50,324,694
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TOWN OF ESTES PARK
SUMMARY OF SUPPLEMENTAL APPROPRIATIONS
FOR YEAR ENDED 12-31-2018
RESOLUTION # 05-18
AS OF MARCH 13, 2018
FUND FUND NAME
CURRENT 2018
BUDGET
RESOLUTION #
05-18
REVISED 2018
BUDGET
101 GENERAL FUND 18,545,441 - 18,545,441
204 COMMUNITY REINVESTMENT 2,726,745 - 2,726,745
211 CONSERVATION TRUST 32,541 - 32,541
220 LARIMER COUNTY OPEN SPACE 512,345 - 512,345
236 EMERGENCY RESPONSE 45,685 - 45,685
238 COMMUNITY CENTER 696,700 - 696,700
244 TRAILS 400,000 - 400,000
260 STREET 1,697,375 3,920,202 5,617,577
502 LIGHT & POWER 18,653,594 - 18,653,594
503 WATER 7,825,441 - 7,825,441
606 MEDICAL INSURANCE 2,002,909 - 2,002,909
612 FLEET 426,571 - 426,571
625 INFORMATION TECHNOLOGY 715,771 - 715,771
635 VEHICLE REPLACEMENT 255,465 - 255,465
TOTAL ALL FUNDS 54,536,583 3,920,202 58,456,785
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TOWN OF ESTES PARK
SCHEDULE OF ACCOUNT CHANGES
FOR YEAR ENDED 12-31-2018
RESOLUTION # 05-18
AS OF MARCH 13, 2018
ACCOUNT NUMBER ACCOUNT DESCRIPTION
CURRENT 2018
BUDGET
RESOLUTION #
05-18
REVISED 2018
BUDGET
260-2000-420.11-02 REGULAR STAFF 95,043 95,043
260-2000-420.11-04 STAFF OVERTIME 2,000 2,000
260-2000-420.13-01 CELL PHONE 888 888
260-2000-420.13-03 VEHICLE ALLOWANCE - -
260-2000-420.14-11 MEDICAL INSURANCE 25,076 25,076
260-2000-420.14-12 LIFE INSURANCE 189 189
260-2000-420.14-14 EMPLOYEE ASSISTANCE PROG 96 96
260-2000-420.14-15 DENTAL INSURANCE 1,798 1,798
260-2000-420.14-16 VISION INSURANCE 348 348
260-2000-420.14-17 AIR MED 173 173
260-2000-420.14-18 TELEPHONE DOC 84 84
260-2000-420.14-21 TAXES/FICA-MEDICARE 7,424 7,424
260-2000-420.14-31 RETIREMENT/ICMA 401(A)- -
260-2000-420.14-32 RETIREMENT/PERA 13,021 13,021
260-2000-420.14-41 WORKERS' COMPENSATION 2,295 2,295
260-2000-420.21-01 PROPERTY - -
260-2000-420.21-02 LIABILITY 156 156
260-2000-420.22-02 ENGINEERING 70,000 70,000
260-2000-420.22-08 LEGAL - -
260-2000-420.22-10 BANK FEES - -
260-2000-420.22-98 OTHER - -
260-2000-420.23-01 PUBLICATION FEES - -
260-2000-420.24-02 REAL PROPERTY - -
260-2000-420.25-20 STREETS 747,744 747,744
260-2000-420.25-27 PARKING LOT REPAIRS 73,960 73,960
260-2000-420.25-44 FUTURE VEHICLE PURCHASE 52,080 52,080
260-2000-420.26-33 DATA PROCESSING EQUIPMENT - -
260-2000-420.27-04 EDUCATION/TRAINING 5,000 5,000
260-2000-420.27-07 MILEAGE REIMBURSEMENT - -
260-2000-420.32-21 NEW BUILDINGS - -
260-2000-420.35-51 STREETS 600,000 600,000
260-2000-420.36-60 FED GRANT-FLAP - 3,920,202 3,920,202
260-9000-491.90-01 GENERAL - -
260-9000-491.95-02 LIGHT & POWER FUND - -
TOTAL STREET FUND 1,697,375 3,920,202 5,617,577
81
82
UTILITIES DEPARTMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Utilities Director Bergsten
Town Attorney White
Date: March 13, 2018
RE: Water Department Purchase of Lot 1 Kearney Minor Subdivision
Objective:
To obtain Town Board approval to enter into a contract for the purchase of 1360 Brook
Drive, a/k/a Lot 1, Kearney Minor Subdivision, from Kearney and Sons Enterprises,
LLC.
Present Situation:
F.O. Stanley gave the Town our property on Elm Road. The Town has outgrown that
space, and in fact, this lack of space prompted the 2018 strategic objective of
completing a facilities needs assessment.
The Water Division is requesting Town Board approval to purchase the property at 1360
Brook Dr. We have actively sought the purchase of this property since 2015. We are
confident this purchase will be a long-term answer to the shortage of operational real
estate.
Proposal:
Staff proposes that the Town purchase Lot 1 Kearney Minor Subdivision and relocate
the Water Division operations to this property.
The following information highlights the key elements of the contract:
Purchase price $950,000 payable at Closing.
Contingencies in the Contract:
• Appraisal. The Town will obtain an appraisal of the Property. The Town has the option
of terminating the Contract or renegotiating the Contract if the appraised value of the
Property is less than the Purchase Price.
• Inspection/Due Diligence. The Town will inspect the Property including obtaining an
environmental report. The Town has the right to terminate the Contract in its sole
discretion if it determines that the Property is not appropriate for the Town’s purposes or
the physical condition of the Property is unacceptable.
83
Seller’s Obligations:
• Seller shall remove Seller’s personal property from the Property prior to Closing.
• Seller shall remove all trash and supplies from the Property prior to Closing.
• Seller shall make appropriate arrangements to transfer the obligation to build a public
sidewalk adjacent to the north side of the Property to other property owned by the Seller.
The Closing date is June 29, 2018.
Miscellaneous Provisions. The Town is responsible for obtaining and paying for title
work. The Town is responsible for paying the 2018 property tax to the date of Closing.
Advantages:
• This purchase will improve our continuity of operations plan by adding an
alternative location.
• Reduces the congested operations at the Elm Rd work sites.
• Reduce vehicle traffic on one of the busiest roads in Estes Park, Moraine Ave.
Disadvantages:
• It will cost money to do this, but it will solve a long-standing issue of the lack of
operational space at Elm Road.
Action Recommended:
Staff recommends the Town Board approve execution of the contract to purchase the
real property.
Finance/Resource Impact:
The Water Division's fund balance will cover the purchase and still be above the
approximate $1,000,000, 90 days O&M reserve.
Account# 503-7000-580.31-11, Land
Level of Public Interest
Medium
Sample Motion:
I move for the approval to enter into the contract for the purchase of the property at
1360 Brook Drive, a/k/a Lot 1, Kearney Minor Subdivision by the Water Division.
Attachments:
Real Estate Purchase Agreement
84
Anderson Realty and Management
Phone: (970} 586-2950 Fax: (800} 504-3841
To ll-free (866) 586-2950 Web site www.KeytoEstesPark.com
1 Toe printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
2 I (CBSJ-6-15) (Mandatory 1-16)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6
1 CONTRA CTTOBUYANDS ELL RE AL ESTATE
8 (COMMERCIAL)
9 ( 00 Property with No Residences)
10 ( □Property with Residences-Residential Addendum Attached)
11
12 Date: March 2, 2018
13 AGREEMENT
14 1.AGREEMENT. Buyer agrees to buy and Seller agrees to sell, the Property described below on the terms and conditions set
15 forth in this contract (Contract).
16 2.PARTIES AND PROPERTY.
17 2.1. Buyer. Buyer, Town of Estes Park ,
18 will take title to the Property described below as D Joint Tenants D Tenants In Common 00 Other Severalty.
19 2.2. No Assignability. This Contract Is Not assignable by Buyer unless otherwise specified in Additional Provisions.
20
21 2.3. Seller. Seller, Kearney and sons Enterprises, LLC, is
22 the current owner of the Property described below.
23 2.4. Property. The Property is the following legally described real estate in the County of Larimer, Colorado:
24 Lot 1, Kearney Minor Subdivision, a portion of Lot 12, South Saint Vrain Addition to
the Town of Estes Park, Larimer Count, State of Colorado. 25
26
27
28
29 1360 Brook Dr Estes Park CO 80S1 7 known as No.---------------------------------------Street Address City State Zip
30
31 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of
32 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property).
33
34 2.5. Inclusions. The Purchase Price includes the following items (Inclusions):
35 2.5.1. Inclusions -Attached. If attached to the Property on the date of this Contract, the following items are
36 included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside
37 telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems,
38 built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), garage door openers
39 (including All remote controls). If checked, the following are owned by the Seller and included (leased items should be listed
40 under Due Diligence Documents): D None D Solar Panels D Water Softeners D Security Systems D Satellite Systems
41 (including satellite dishes). If any additional items are attached to the Property after the date of this Contract, such additional items
42 are also included in the Purchase Price.
43 2.5.2. Inclusions -Not Attached. If on the Property, whether attached or not, on the date of this Contract, the
44 following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings,
45 blinds, screens, window coverings and treabnents, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates,
46 heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys.
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47 2.5.3. Personal Property -Conveyance. Any personal property must be conveyed at Closing by Seller free and
48 clear of all truces (except personal property truces for the year of Closing), liens and encumbrances, except _____ _
49 Conveyance of all personal property will be by bill of sale or other applicable legal instrument.
50 2.5.4. Other Inclusions. The following items, whether fixtures or personal property, are also included in the
51 Purchase Price: 52 None
53
54 55
56
57 2.5.5. Parking and Storage Facilities. D Use Only D Ownership of the following parking facilities:
58 ________ ; and D Use Only D Ownership of the following storage facilities: _________ .
59 2.6. Exclusions. The following items are excluded (Exclusions):
60 Personal property o:f the Seller
61
62 2.7. Water Rights, Well Rights, Water and Sewer Taps.
63 D 2.7.1. Deeded Water Rights. The following legally described water rights:
64
65
66 Any deeded water rights will be conveyed by a good and sufficient _________ deed at Closing.
67 D 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§2.7.1, 2.7.3,
68 2.7.4 and 2.7.5, will be transferred to Buyer at Closing:
69
70
71 D 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that
72 if the wen to be transferred is a "SmaU Capacity We11" or a "Domestic Exempt Water We11", used for ordinary household
73 purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been
74 registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must
75 complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing
76 service in connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well
77 Permit# is ___________ _
78 D 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows:
79
80
81
82 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2 (Other Rights Relating to Water),
83 §2. 7 .3 (Well Rights), or § 2. 7.4 (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the
84 applicable legal instrument at Closing.
85 3.DATES AND DEADLINES.
Item No. Reference Event
1 §4.3 Alternative Earnest Money Deadline
Title
2 § 8.1 Record Title Deadline
3 §8.2 Record Title Objection Deadline
4 §8.3 Off-Record Title Deadline
5 §8.3 Off-Record Title Objection Deadline
6 §8.4 Title Resolution Deadline
7 §8.6 Right of First Refusal Deadline
Owners' Association
8 §7.3 Association Documents Deadline
9 §7.4 Association Documents Objection Deadline
Seller's Property Disclosure
10 §10.1 Seller's Property Disclosure Deadline
CBS3-6-15. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 3/2/2018 14:59
Date or Deadline
March 16, 201B .. .. .
,.
March 16, 201B
March 23, 201B
March 16, 201B
March 23, 201B
March 30, 2018
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March 23, 2018
86
Loan and Credit
11 § 5.1 Loan Application Deadline
12 §5.2 Loan Objection Deadline
13 § 5.3 Buyer's Credit Information Deadline
14 § 5.3 Disapproval of Buyer's Credit Information Deadline
15 § 5.4 Existing Loan Documents Deadline
16 § 5.4 Existing Loan Documents Objection Deadline
17 § 5.4 Loan Transfer Approval Deadline
18 § 4.7 Seller or Private Financing Deadline
Appraisal
19 § 6.2 Appraisal Deadline
20 § 6.2 Appraisal Objection Deadline
21 § 6.2 Appraisal Resolution Deadline
Survey
22 § 9.1 New ILC or New Survey Deadline
23 § 9.3 New ILC or New Survey Objection Deadline
24 § 9.4 New ILC or New Survey Resolution Deadline
Inspection and Due Diligence
25 § 10.3 Inspection Objection Deadline
26 § 10.3 Inspection Resolution Deadline
27 § 10.5 Property Insurance Objection Deadline
28 § 10.6 Due Diligence Documents Delivery Deadline
29 § 10.6 Due Diligence Documents Objection Deadline
30 § 10.6 Due Diligence Documents Resolution Deadline
31 § 10.6 Environmental Inspection Objection Deadline
32 § 10.6 ADA Evaluation Objection Deadline
33 § 10.7 Conditional Sale Deadline
34 § 11.1 Tenant Estoppel Statements Deadline
35 § 11.2 Tenant Estoppel Statements Objection Deadline
Closing and Possesmon
36 § 12.3 Closing Date
37 § 17 Possession Date
38 § 17 Possession Tune
39 § 28 Acceptance Deadline Date
40 § 28 Acceptance Deadline Time
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March 30, 2018
April 6, 2018
April 13, 2018
April 20, 2018
June 1, 2018
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86 3.1. Applicability of Terms. Any box checked in this Contract means the corresponding provision applies. Any box,
87 blank or line in this Contract left blank or completed with the abbreviation "NIN', or the word "Deleted" means such provision,
88 including any deadline, is not applicable and the corresponding provision of this Contract to which reference is made is deleted. If
89 no box is checked in a provision that contains a selection of "None", such provision means that "None" applies.
90 The abbreviation "MEC" (mutual execution of this Contract) means the date upon which both parties have signed this Contract.
91
92 4.PURCHASE PRICE AND TERMS.
93 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows:
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Item No. Reference Item
1 §4.1 Purchase Price $
2 §4.3 Earnest Money
3 §4.5 New Loan
4 §4.6 Assumption Balance ""···-5 §4.7 Private Financing
6 §4.7 Seller Financing
7
8
9 §4.4 Cash at Closing .. 10 TOTAL $
Amount
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950,000.00
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··--•-·· -·· · 950,000.0£
$
$
$
$
$
$
$
Amount
·-·-·-..10,000.00
940,000.00
950,000.00
94 4.2. Seller Concession. At Closing, Se11er wi11 credit to Buyer$ ______ (Seller Concession). The Se11er
95 Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer's lender
96 and is included in the Closing Statement or Closing Disclosure, at Closing. Examples of allowable items to be paid for by the
97 Seller Concession include, but are not limited to: Buyer's closing costs, loan discount points, loan origination fees, prepaid items
98 and any other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or
99 credit Buyer elsewhere in this Contract.
100 4.3. Earnest Money. The Earnest Money set forth in this section, in the form of a Mnuicipal Check, will be
101 payable to and held by Anderson Realty & Management (Earnest Money Holder), in its trust account, on behalf of
102 both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually
103 agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to
104 the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has
105 agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing
I 06 to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the
107 Earnest Money Holder in this transaction will be transferred to such fund.
108 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the
109 time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline.
110 4.3.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to
111 the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 25 and, except as provided
112 in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute
113 and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form), within three
114 days of Seller's receipt of such form.
115 4.4. Form of Funds; Time of Payment; Av ailable Funds.
116 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing
117 and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified
118 check, savings and loan teller's check and cashier's check (Good Funds).
119 4.4.2. Time of Payment; Av ailable Funds. All funds, including the Purchase Price to be paid by Buyer, must be
120 paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at
121 Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. Buyer represents that Buyer, as of the date of this
122 Contract, 00 Does D Does Not have funds that are immediately verifiable and available in an amount not less than the amount
123 stated as Cash at Closing in§ 4.1.
124 4.S. NewLoan. OMITTED AS INAPPLICABLE.
131 4.6. Assumption. OMITTED AS INAPPLICABLE.
144 4.7. Seller or Private Financing. OMITTED AS INAPPLICABLE.
161 TRANSACTION PROVISIONS
162 S. FINANCING CONDITIONS AND OBLIGATIONS.
163 5.1. Loan Application. If Buyer is to pay a11 or part of the Purchase Price by obtaining one or more new loans (New
164 Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, must make an application verifiable
165 by such lender, on or before Loan Application Dead.line and exercise reasonable efforts to obtain such loan or approval.
166 5.2. Loan Objection. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional
CBS3-6-15. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 3/212018 14:59
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167 upon Buyer determining, in Buyer's sole subjective discretion, whether the New Loan is satisfactory to Buyer, including its
168 availability, payments, interest rate, terms, conditions, and cost of such New Loan. This condition is for the sole benefit of Buyer.
169 Buyer has the Right to Terminate under § 25.1, on or before Loan Objection Deadline, if the New Loan is not satisfactory to
170 Buyer, in Buyer's sole subjective discretion. IF SELLER IS NOT IN DEFAULT AND DOES NOT TIMELY RECEIVE 171 BUYER'S WRITTEN NOTICE TO TERMINATE, BUYER'S EARNEST MONE Y WILL BE NONREFUNDABLE, except
172 as otherwise provided in this Contract (e.g., Appraisal, Title, Survey).
173 5.3. Credit Information. If an existing loan is not to be released at Closing, this Contract is conditional (for the sole
174 benefit of Seller) upon Seller's approval of Buyer's financial ability and creditworthiness, which approval will be at Seller's sole
175 subjective discretion. Accordingly: (1) Buyer must supply to Seller by Buyer's Credit Information Deadline, at Buyer's
176 expense, information and documents (including a current credit report) concerning Buyer's financial, employment and credit
177 condition; (2) Buyer consents that Seller may verify Buyer's financial ability and creditworthiness; and (3) any such information
178 and documents received by Seller must be held by Seller in confidence, and not released to others except to protect Seller's interest
179 in this transaction. If the Cash at Closing is less than as set forth in§ 4.1 of this Contract, Seller has the Right to Terminate under
180 § 25.1, on or before Closing. If Seller disapproves of Buyer's financial ability or creditworthiness, in Seller's sole subjective
181 discretion, Seller has the Right to Terminate under § 25.1, on or before Disapproval of Buyer's Credit Information Deadline.
182 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan
183 documents (including note, deed of trust, and any modifications) to Buyer by Existing Loan Documents Deadline. For the sole
184 benefit of Buyer, this Contract is conditional upon Buyer's review and approval of the provisions of such loan documents. Buyer
185 has the Right to Terminate under§ 25.1, on or before Existing Loan Documents Objection Deadline, based on any
186 unsatisfactory provision of such loan documents, in Buyer's sole subjective discretion. If the lender's approval of a transfer of the
187 Property is required, this Contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan,
188 except as set forth in § 4.6. lflender's approval is not obtained by Loan Transfer Approval Deadline, this Contract will
189 terminate on such deadline. Seller has the Right to Terminate under§ 25.1, on or before Closing, in Seller's sole subjective
190 discretion, if Seller is to be released from liability under such existing loan and Buyer does not obtain such compliance as set forth
191 in§ 4.6.
192 6.APPRAISAL PROVISIONS.
193 6.1. Appraisal Definition. An "Appraisal" is an opinion of value prepared by a licensed or certified appraiser, engaged
194 on behalf of Buyer or Buyer's lender, to determine the Property's market value (Appraised Value). The Appraisal may also set
195 forth certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Property
196 to be valued at the Appraised Value.
197 6.2. Appraisal Condition. The applicable appraisal provision set forth below applies to the respective loan type set forth
198 in§ 4.5.3, or if a cash transaction (i.e. no financing), § 6.2.1 applies.
199 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the
200 Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal
201 Objection Deadline, notwithstanding§ 8.3 or§ 13:
202 6.2.1.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
203 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the
204 Appraisal or written notice from lender that confirms the Appraisal Value is less than the Purchase Price.
205 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal
206 Objection Deadline, and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution
207 Deadline (§ 3), this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer's written
208 withdrawal of the Appraisal Objection before such termination, i.e., on or before expiration of Appraisal Resolution Deadline.
209
210 6.3. Lender Property Requirements. If the lender imposes any requirements, replacements, removals or repairs,
211 including any specified in the Appraisal (Lender Requirements) to be made to the Property (e.g., roof repair, repainting), beyond
212 those matters already agreed to by Seller in this Contract, Seller has the Right to Terminate under§ 25.1, (notwithstanding§ 10 of
213 this Contract), on or before three days fo11owing Seller's receipt of the Lender Requirements, in Seller's sole subjective discretion.
214 Seller's Right to Terminate in this§ 6.3 does not apply if, on or before any termination by Seller pursuant to this§ 6.3: (1) the
215 parties enter into a written agreement regarding the Lender requirements; or (2) the Lender Requirements have been completed; or
216 (3)the satisfaction of the Lender Requirements is waived in writing by Buyer.
217 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by �
218 Buyer D Seller. The cost of the Appraisal may include any or all fees paid to the appraiser, appraisal management company,
219 lender's agent or all three.
220
221 7.OWNERS' ASSOCIATION. This Section is applicable if the Property is located within a Common Interest
222 Community and subject to such declaration.
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223 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON
224 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF
225 THE PROPERT Y WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS' ASSOCIATION FOR THE
226 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE
227 ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL
228 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY
229 ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE
230 ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE
231 DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNIT Y MAY PROIUBIT THE
232 OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCIDTECTURAL REVIE W BY THE
233 ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION.
234 PURCHASERS OF PROPERT Y WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE
235 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY
236 READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF
237 THE ASSOCIATION.
238 7.2. Owners' Association Documents. Owners' Association Documents (Association Documents) consist of the
239 following:
240 7.2.1. All Owners' Association declarations, articles of incorporation, bylaws, articles of organization, operating
241 agreements, rules and regulations, party wall agreements;
242 7.2.2. Minutes of most recent annual owners' meeting;
243 7.2.3. Minutes of any directors' or managers' meetings during the six-month period immediately preceding the
244 date of this Contract. If none of the preceding minutes exist, then the most recent minutes, if any (§§ 7.2.1, 7.2.2 and 7.2.3,
245 collectively, Governing Documents); and
246 7.2.4. The most recent financial documents which consist of: (l) annual and most recent balance sheet, (2) annual
247 and most recent income and expenditures statement, (3) annual budget, ( 4) reserve study, and (5) notice of unpaid assessments, if
248 any (collectively, Financial Documents).
249 7.3. Association Documents to Buyer.
250 7.3.1. Seller to Provide Association Documents. Seller is obligated to provide to Buyer the Association
251 Documents, at Seller's expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the
252 Association Documents to Buyer, at Seller's expense. Seller's obligation to provide the Association Documents is fulfilled upon
253 Buyer's receipt of the Association Documents, regardless of who provides such documents.
254 7.4. Conditional on Buyer's Review. Buyer has the right to review the Association Documents. Buyer has the Right to
255 Terminate under§ 25.1, on or before Association Documents Objection Deadline, based on any unsatisfactory provision in any
256 of the Association Documents, in Buyer's sole subjective discretion. Should Buyer receive the Association Documents after
257 Association Documents Deadline, Buyer, at Buyer's option, has the Right to Terminate under§ 25.1 by Buyer's Notice to
258 Terminate received by Seller on or before ten days after Buyer's receipt of the Association Documents. If Buyer does not receive
259 the Association Documents, or if Buyer's Notice to Terminate would otherwise be required to be received by Seller after Closing
260 Date, Buyer's Notice to_ Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer's Notice to
261 Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory, and Buyer waives any
262 Right to Terminate under this provision, notwithstanding the provisions of § 8.6 (Right of First Refusal or Contract Approval).
263 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE.
264 8.1. Evidence of Record Title.
265 D 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance
266 company to furnish the owner's title insurance policy at Seller's expense. On or before Record Title Deadline, Seller must furnish
267 to Buyer, a current commitment for owner's title insurance policy (Title Commitment), in an amount equal to the Purchase
268 Price, or if this box is checked, D an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be
269 issued and delivered to Buyer as soon as practicable at or after Closing.
270 00 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance
271 company to furnish the owner's title insurance policy at Buyer's expense. On or before Record Title Deadline, Buyer must
272 furnish to Seller, a current commitment for owner's title insurance policy (Title Commitment), in an amount equal to the Purchase
273 Price.
274 If neither box in § 8.1.1 or§ 8.1.2 is checked,§ 8.1.1 applies.
275 8.1.3. Owner's Extended Coverage (OEC). The Title Commitment 00 Will D Will Not contain Owner's
276 Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard
277 exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics'
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278 liens, (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded), and (6)
279 unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC
280 will be paid by 00 Buyer D Seller D One-Half by Buyer and One-Half by Seller D Other Buyer.
281 Regardless of whether the Contract requires OEC, the Title Insurance Company may not provide OEC or delete or insure over
282 any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined
283 below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to
284 object under § 8.4 (Right to Object to Title, Resolution).
285 8.1.4. Title Documents. Title Documents consist of the following: ( I ) copies of any plats, declarations,
286 covenants, conditions and restrictions burdening the Property, and (2) copies of any other documents ( or, if illegible, summaries of
287 such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title
288 Documents).
289 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title
290 Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county
291 where the Property is located. The cost of furnishing copies of the documents required in this Section will be at the expense of the
292 party or parties obligated to pay for the owner's title insurance policy.
293 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any
294 portion of the Property (Abstract of Title) in Seller's possession on or before Record Title Deadline.
295 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the
296 Title Documents as set forth in § 8.4 (Right to Object to Title, Resolution) on or before Record Title Objection Deadline.
297 Buyer's objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding
298 § 13, or any other unsatisfactory title condition, in Buyer's sole subjective discretion. If the Abstract of Title, Title Commitment or
299 Title Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title
300 Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be
301 delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object
302 to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or
303 Title Documents, or (3) any endorsement to the Title Commitment. If Seller receives Buyer's Notice to Terminate or Notice of
304 Title Objection, pursuant to this § 8.2 (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.4
305 (Right to Object to Title, Resolution). If Seller has fulfilled all Seller's obligations, if any, to deliver to Buyer all documents
306 required by § 8.1 (Evidence of Record Title) and Seller does not receive Buyer's Notice to Terminate or Notice of Title Objection
307 by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title
308 Commitment and Title Documents as satisfactory.
309 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing
310 sur veys in Seller's possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without
311 limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights
312 of first refusal and options) not shown by public records, of which Seller has actual knowledge (Off-Record Matters). Buyer has
313 the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records ( e.g.,
314 unrecorded easement, boundary line discrepancy or water rights). Buyer's Notice to Terminate or Notice of Title Objection of any
315 unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2 and § 13), in Buyer's
316 sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-Record Matter
317 is received by Buyer after the Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer
318 to review and object to such Off-Record Matter. If Seller receives Buyer's Notice to Terminate or Notice of Title Objection
319 pursuant to this§ 8.3 (Off-Record Title), any title objection by Buyer and this Contract are governed by the provisions set forth in
320 § 8.4 (Right to Object to Title, Resolution). If Seller does not receive Buyer's Notice to Terminate or Notice of Title Objection by
321 the applicable deadline specified above, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual
322 knowledge.
323 8.4. Right to Object to Title, Resolution. Buyer's right to object to any title matters includes, but is not limited to those
324 matters set forth in §§ 8.2 (Record Title), 8.3 (Off-Record Title) and 13 (Transfer of Title), in Buyer's sole subjective discretion. If
325 Buyer objects to any title matter, on or before the applicable deadline, Buyer has the following options:
326 8.4.1. Title Objection, Resolution. If Seller receives Buyer's written notice objecting to any title matter (Notice
327 of Title Objection), on or before the applicable deadline, and if Buyer and Seller have not agreed to a written settlement thereof on
328 or before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller
329 receives Buyer's written withdrawal of Buyer's Notice ofTitle Objection (i.e., Buyer's written notice to waive objection to such
330 items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the
331 Record Title Deadline or the Off-Record Title Deadline, or both, are extended to the earlier of Closing or ten days after receipt of
332 the applicable documents by Buyer, pursuant to§ 8.2 (Record Title) or§ 8.3 (Off-Record Title), the Title Resolution Deadline also
333 will be automatically extended to the earlier of Closing or fifteen days after Buyer's receipt of the applicable documents; or
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334 8.4.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under§ 25.1, on or
335 before the applicable deadline, based on any unsatisfactory title matter, in Buyer's sole subjective discretion.
336 8.5. Special Taxing Districts. SPECIAL TA XING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
337 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TA XABLE
338 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK
339 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE
340 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
341 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE
342 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY
343 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING
344 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND
345 RECORDER, OR THE COUNTY ASSESSOR.
346 Buyer has the Right to Terminate under§ 25.1, on or before Off-Record Title Objection Deadline, based on any
34 7 unsatisfactory effect of the Property being located within a special trucing district, in Buyer's sole subjective discretion.
348 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to approve
349 this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the holder of the
350 right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract will terminate.
351 If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and
352 effect. Seller must promptly notify Buyer in writing of the foregoing. If expiration or waiver of the right of first refusal or approval
353 of this Contract has not occurred on or before Right of First Refusal Deadline, this Contract will then terminate.
354 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed
355 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property,
356 including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations,
357 unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property, and
358 various laws and governmental regulations concerning land use, development and environmental matters.
359 8.7.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE
360 PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER
361 OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR
362 WAT ER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS,
363 GEOTHERMAL ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS
364 MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO AC CESS THE
365 MINERAL ESTATE, OIL, GAS OR WATER.
366 8.7.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO
367 ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A
368 MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND
369 RECORDER.
370 8.7.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT
371 TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION
372 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACI LITIES, PRODUCING WELLS, REWORKING
373 OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING FACILITIES.
374 8.7.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL
375 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING
376 DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL
377 AND GAS CONSERVAT ION COMMISSION.
378 8.7.5. Title Insurance Exclusions. Matters set forth in this Section, and others, may be excepted, excluded from,
379 or not covered by the owner's title insurance policy.
380 8.8. Consult an Attorney. Buyer is advised to timely consult legal counsel with respect to all such matters as there are
381 strict time limits provided in this Contract (e.g., Record Title Objection Deadline and Off-Record Title Objection Deadline).
382 9.NEW ILC, NEW SURVEY.
383 9.1. New ILC or New Survey. If the box is checked, a D New Improvement Location Certificate (New ILC)
384 Ill New Survey in the form of Seller to provide survey used to subdivide the property. Any
additional Survey at the Buyer's cost.. is required and the following will apply:
385 9.1.1. Ordering of New ILC or New Survey. D Seller D Buyer will order the New ILC or New Survey. The
386 New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, certified and updated as of a
387 date after the date of this Contract.
388 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or
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389 before Closing, by: D Seller D Buyer or:
390 See above
391
392
393 9.1.3. Delivery of New ILC or New Su"ey. Buyer, Seller, the issuer of the Title Commitment ( or the provider
394 of the opinion of title if an Abstract of Title), and Buyer and Brokers will receive a New ILC or New Survey on or before
395 New ILC or New S8"ey Deadline.
396 9.1.4. Certification of New ILC or New S8"ey. The New ILC or New Survey wi11 be certified by the surveyor
397 to all those who are to receive the New ILC or New Survey.
398 9.2. Buyer's Right to Waive or Change New ILC or New Su"ey Selection. Buyer may select a New ILC or New
399 Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New
400 S8"ey Objection Deadline. Buyer may, in Buyer's sole subjective discretion, waive a New ILC or New Survey if done prior to
401 Seller incurring any cost for the same.
402 9.3. New ILC or New S8"ey Objection. Buyer has the right to review and object to the New ILC or New Survey. IT
403 the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer's sole subjective discretion,
404 Buyer may, on or before New ILC or New Su"ey Objection Deadline, notwithstanding § 8.3 or § 13:
405 9.3.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
406 9.3.2. New ILC or New S8"ey Objection. Deliver to Seller a written description of any matter that was to be
407 shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct.
408 9.3.3. New ILC or New S8"ey Resolution. IT a New ILC or New S8"ey Objection is received by Seller, on
409 or before New ILC or New Su"ey Objection Deadline, and if a Buyer and Seller have not agreed in writing to a settlement
410 thereof on or before New ILC or New Survey Resolution Deadline, this Contract wi11 terminate on expiration of the New ILC
411 or New Survey Resolution Deadline, unless Seller receives Buyer's written withdrawal of the New ILC or New Survey
412 Objection before such termination, i.e., on or before expiration of New ILC or New S8"ey Resolution Deadline.
413 I DISCLOSURE, INSPECTION AND DUE DILIGENCE I
414 10.PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY AND DUE DILIGENCE.
415 10.1. Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline, Seller agrees to deliver to
416 Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form completed
417 by Seller to Seller's actual knowledge, current as of the date of this Contract.
418 10.2. Disclosure of Latent Defects; Present Condition. Seller must disclose to Buyer any latent defects actually known
419 by Seller. Seller agrees that disclosure of latent defects will be in writing. Except as otherwise provided in this Contract, Buyer
420 acknowledges that Seller is conveying the Property to Buyer in an "As Is" condition, "Where Is" and ''With All Faults."
421 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections
422 (by one or more third parties, personally or both) of the Property and Inclusions (Inspection), at Buyer's expense. IT (1) the
423 physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical,
424 plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions, (3) service to the
425 Property (including utilities and communication services), systems and components of the Property (e.g. heating and plumbing),
426 (4)any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or
427 off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer's sole subjective
428 discretion, Buyer may, on or before Inspection Objection Deadline:
429 10.3.1. Notice to Te rminate. Notify Seller in writing that this Contract is terminated; or
430 10.3.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory physical condition that
431 Buyer requires Seller to correct.
432 10.3.3. Inspection Resolution. IT an Inspection Objection is received by Seller, on or before Inspection Objection
433 Deadline, and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline,
434 this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer's written withdrawal of the
435 Inspection Objection before such termination, i.e., on or before expiration of Inspection Resolution Deadline.
436 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement
437 between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at
438 Buyer's request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer
439 must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify,
440 protect and hold Seller harmless from and against any liabi1ity, damage, cost or expense incurred by Seller and caused by any such
441 Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against
442 any such liability, damage, cost or expense, or to enforce this section, including Seller's reasonable attorney fees, legal fees and
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443 expenses. The provisions of this section survive the termination of this Contract. This § 10.4 does not apply to items performed
444 pursuant to an Inspection Resolution.
445 10.S. Insurability. Buyer has the right to review and object to the availability, terms and conditions of and premium for
446 property insurance (Property Insurance). Buyer has the Right to Terminate under§ 25.1, on or before Property Insurance
447 Objection Deadline, based on any unsatisfactory prQV:ision of the Property Insurance, in Buyer's sole subjective discretion.
448 10.6. Due Diligence.
449 10.6.1. Due Diligence Documents. If the respective box is checked, Seller agrees to deliver copies of the following
450 documents and information pertaining to the Property (Due Diligence Documents) to Buyer on or before Due Diligence
451 Documents Delivery Deadline:
452 D 10.6.1.1. All contracts relating to the operation, maintenance and management of the Property;
453 D 10.6.1.2. Property tax bills for the last ___ years;
454 D 10.6.1.3. As-built construction plans to the Property and the tenant improvements, including
455 architectural, electrical, mechanical, and structural systems, engineering reports, and permanent Certificates of Occupancy, to the
456 extent now available;
457 D 10.6.1.4. A list of all Inclusions to be conveyed to Buyer;
458 D 10.6.1.5. Operating statements for the past ___ years;
459 00 10.6.1.6. A rent roll accurate and correct to the date of this Contract;
460 00 10.6.1.7. All current leases, including any amendments or other occupancy agreements, pertaining to the
461 Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases):
462 If any written agreements exist.
463
464 D 10.6.1.8. A schedule of any tenant improvement work Seller is obligated to complete but has not yet
465 been completed and capital improvement work either scheduled or in process on the date of this Contract;
466 D 10.6.1.9. All insurance policies pertaining to the Property and copies of any claims which have been
467 made for the past ___ years;
468 00 10.6.1.10. Soils reports, surveys and engineering reports or data pertaining to the Property (if not
469 delivered earlier under § 8.3);
470 D 10.6.1.11. Any and all existing documentation and reports regarding Phase I and II environmental reports,
4 71 letters, test results, advisories, and similar documents respective to the existence or nonexistence of asbestos, PCB transformers, or
472 other toxic, hazardous or contaminated substances, and/or underground storage tanks and/or radon gas. If no reports are in Seller's
473 possession or known to Seller, Seller warrants that no such reports are in Seller's possession or known to Seller;
474 D 10.6.1.12. Any Americans with Disabilities Act reports, studies or surveys concerning the compliance of
475 the Property with said Act;
476 D 10.6.1.13. All permits, licenses and other building or use authorizations issued by any governmental
4 77 authority with jurisdiction over the Property and written notice of any violation of any such permits, licenses or use authorizations,
478 if any; and
479 D 10.6.1.14. Other documents and information:
480
481
482
483
484 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object to Due
485 Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory in Buyer's sole subjective
486 discretion, Buyer may, on or before Doe Diligence Documents Objection Deadline:
487 10.6.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
488 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any
489 unsatisfactory Due Diligence Documents that Buyer requires Seller to correct.
490 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by
491 Seller, on or before Due Diligence Documents Objection Deadline, and if Buyer and Seller have not agreed in writing to a
492 settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence
493 Documents Resolution Deadline unless Seller receives Buyer's written withdrawal of the Due Diligence Documents Objection
494 before such termination, i.e., on or before expiration of Due Diligence Documents Resolution Deadline.
495 10.6.3. Zoning. Buyer has the Right to Terminate under § 25. 1, on or before Due Diligence Documents Objection
496 Deadline, based on any unsatisfactory zoning and any use restrictions imposed by any governmental agency with jurisdiction
497 over the Property, in Buyer's sole subjective discretion.
498 10.6.4. Due Diligence -Environmental, ADA. Buyer has the right to obtain environmental inspections of the
499 Property including Phase I and Phase II Environmental Site Assessments, as applicable. D Seller 00 Buyer will order or provide
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500 Phase I Environmental Site Assessment, Phase II Environmental Site Assessment (compliant with most current version of the
501 applicable ASTM El527 standard practices for Environmental Site Assessments) and/or-------� at the expense
502 of D Seller 00 Buyer (Environmental Inspection). In addition, Buyer, at Buyer's expense, may also conduct an evaluation
503 whether the Property complies with the Americans with Disabilities Act (ADA Evaluation). All such inspections and evaluations
504 must be conducted at such times as are mutually agreeable to minimize the interruption of Seller's and any Seller's tenants'
505 business uses of the Property, if any.
506 If Buyer's Phase I Environmental Site Assessment recommends a Phase II Environmental Site Assessment, the
507 Environmental Inspection Objection Deadline will be extended by 30 days days (Extended Environmental Inspection Objec-
tion
508 Deadline) and if such Extended Environmental Inspection Objection Deadline extends beyond the Closing Date, the Oosing Date
509 will be extended a like period of time. In such event, D Seller 00 Buyer must pay the cost for such Phase II Environmental Site
510 Assessment.
511 Notwithstanding Buyer's right to obtain additional environmental inspections of the Property in this § 10.6.5, Buyer has the
512 Right to Terminate under§ 25.1, on or before Environmental Inspection Objection Deadline, or if applicable, the Extended
513 Environmental Inspection Objection Deadline, based on any unsatisfactory results of Environmental Inspection, in Buyer's sole
514 subjective discretion.
515 Buyer has the Right to Terminate under§ 25.1, on or before ADA Evaluation Objection Deadline, based on any
516 unsatisfactory ADA Evaluation, in Buyer's sole subjective discretion.
517 10. 7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property
518 owned by Buyer and commonly known as _________________ .. Buyer has the Right to Terminate
519 under§ 25.1 effective upon Seller's receipt of Buyer's Notice to Terminate on or before Conditional Sale Deadline if such
520 property is not sold and closed by such deadline. This § 10. 7 is for the sole benefit of Buyer. If Seller does not receive Buyer's
521 Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision.
522 10.8. Existing Leases; Modification of Existing Leases; New Leases. Seller states that none of the Leases to be assigned
523 to the Buyer at the time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in the
524 Lease or other writing received by Buyer. Seller will not amend, alter, modify, extend or cancel any of the Leases nor will Seller
525 enter into any new leases affecting the Property without the prior written consent of Buyer, which consent will not be unreasonably
526 withheld or delayed.
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
11.TENANT ESTOPPEL STATEMENT S.
11.1. Tenant Estoppel Statements Conditions. Buyer has the right to review and object to any Estoppel Statements.
Seller must obtain and deliver to Buyer on or before Tenant Estoppel Statements Deadline, statements in a form and substance
reasonably acceptable to Buyer, from each occupant or tenant at the Property (Estoppel Statement) attached to a copy of the Lease
stating:
11.1.1.
11.1.2.
amendments;
The commencement date of the Lease and scheduled termination date of the Lease;
That said Lease is in fu11 force and effect and that there have been no subsequent modifications or
11.1.3. The amount of any advance rentals paid, rent concessions given, and deposits paid to Seller;
11.1.4. The amount of monthly ( or other applicable period) rental paid to Seller;
11.1.5. That there is no default under the terms of said Lease by landlord or occupant; and
11.1.6. That the Lease to which the Estoppel is attached is a true, correct and complete copy of the Lease demising
the premises it describes.
11.2. Tenant Estoppel Statements Objection. Buyer has the Right to Terminate under § 25.1, on or before Tenant
Estoppel Statements Objection Deadline, based on any unsatisfactory Estoppel Statement, in Buyer's sole subjective discretion,
or if Seller fails to deliver the Estoppel Statements on or before Tenant Estoppel Statements Deadline. Buyer also has the
unilateral right to waive any unsatisfactory Estoppel Statement.
CLOSING PROVISIONS
12.CLOSING DOCUMENTS, INST RUCTIONS AND CLOSING.
12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to
enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If
Buyer is obtaining a new loan to purchase the Property, Buyer acknowledges Buyer's lender is required to provide the Closing
Company, in a timely manner, all required loan documents and financial information concerning Buyer's new loan. Buyer and
Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this
transaction. Buyer and Se11er will sign and complete all customary or reasonably required documents at or before Closing.
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553 12.2. Oosing Instructions. Colorado Real Estate Commission's Closing Instructions D Are Iii Are Not executed with
554 this Contract.
555 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as
556 the Closing Date or by mutual agreement at an earlier date. The hour and place of Closing will be as designated by
551 Broker for the Buyer and Seller; Title Conpany.
558 12.4. Disdosu.re of Settlement Costs. Buyer and Seller acknowledge that costs, quality, and extent of service vary
559 between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies).
560 13.TRANSFER OF TITLE. Subject to tender of payment at Closing as required herein and compliance by Buyer with the
561 other terms and provisions hereof, Seller must execute and deliver a good and sufficient General Warranty deed
562 to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as
563 provided herein, title will be conveyed free and clear of all liens, including any governmental liens for special improvements
564 installed as of the date of Buyer's signature hereon, whether assessed or not. Title will be conveyed subject to:
565 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents
566 accepted by Buyer in accordance with Record Title,
567 13.2. Distribution utility easements (including cable TV),
568 13.3. Those specifically described rights of third parties not shown by the public records of which Buyer has actual
569 knowledge and which were accepted by Buyer in accordance with Off-Record Title and New ILC or New Survey,
570 13A. Inclusion of the Property within any special taxing district, and
571 13.S. Any special assessment if the improvements were not installed as of the date of Buyer's signature hereon, whether
572 assessed prior to or after Closing, and
573 13.6. Other _____________________ _
574 14.PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid will be paid at or before Closing from the
575 proceeds of this transaction or from any other source.
576 15.CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES.
577 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required
578 to be paid at Closing, except as otherwise provided herein.
579 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by D Buyer D Seller
580 Iii One-Half by Buyer and One-Half by Seller D Other ________________ .
581 15.3. Status Letter and Record Change Fees. Any fees incident to the issuance of Association's statement of
582 assessments (Status Letter) must be paid by D None D Buyer D Seller D One-Half by Buyer and One-Half by Seller.
583 Any record change fee assessed by the Association including, but not limited to, ownership record transfer fees regardless of name
584 or title of such fee (Association's Record Change Fee) must be paid by D None D Buyer D Seller D One-Half by Buyer
585 and One-Half by Seller.
586 15.4. Local Transfer Tax. D The Local Transfer Tax of __ % of the Purchase Price must be paid at Closing by
587 D None D Buyer D Seller D One-Half by Buyer and One-Half by Seller.
588 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property, payable at Closing, such
589 as community association fees, developer fees and foundation fees, must be paid at Closing by D None D Buyer D Seller
590 D One-Half by Buyer and One-Half by Seller. The Private Transfer fee, whether one or more, is for the following association(s):
591 ___________ in the total amount of __ % of the Purchase Price or$ ________ .
592 15.6. Water Transfer Fees. The Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed
593 $ ______ for:
594 D Water Stock/Certificates D Water District
595 D Augmentation Membership D Small Domestic Water Company D ____ _
596 and must be paid at Closing by D None D Buyer D Seller D One-Half by Buyer and One-Half by Seller.
597 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by
598 D None D Buyer D Seller D One-HalfbyBuyer and One-HalfbySeller.
599 16.PRORATIONS. The following will be prorated to Closing Date, except as otherwise provided:
600 16.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the
601 year of Closing, based on D Taxes for the Calendar Year hnmediately Preceding Closing D Most Recent Mill Levy and
602 Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled
603 veteran exemption or D Other ____________________ �604 16.2. Rents. Rents based on D Rents Actually Received D Accrued. At Closing, Seller will transfer or credit to
605 Buyer the security deposits for all Leases assigned, or any remainder after lawful deductions, and notify all tenants in writing of
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606 such transfer and of the transferee's name and address. Seller must assign to Buyer all Leases in effect at Closing and Buyer must
607 assume Seller's obligations under such Leases.
608 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in
609 advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred
610 maintenance by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents.
611 Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital.
612 Any special assessment assessed prior to Closing Date by the Association will be the obligation of D Buyer D Seller. Except
613 however, any special assessment by the Association for improvements that have been installed as of the date of Buyer's signature
614 hereon, whether assessed prior to or after Closing, will be the obligation of Seller. Seller represents that the Association
615 Assessments are currently payable at approximately$ ______ per ______ and that there are no unpaid regular
616 or special assessments against the Property except the current regular assessments and _____________ . Such
617 assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the Association to
618 deliver to Buyer before Closing Date a current Status Letter.
619 16.4. Other Prorations. Water and sewer charges, propane, interest on continuing loan, and _________
620 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations are final.
621 17. POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date at Possession Time, subject to
622 the Leases as set forth in§ 10.6.1.7.
623
624 H Seller, after Closing, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable
625 to Buyer for payment of$ 200. 00 per day (or any part of a day notwithstanding§ 18.1) from Possession Date and
626 Possession Time until possession is delivered.
627 GENERAL PROVISIONS
628 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE.
629 18.1. Day. As used in this Contract, the term "day" means the entire day ending at 11 :59 p.m., United States Mountain
630 Trme (Standard or Daylight Savings as applicable).
631 18.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not specified,
632 the first day is excluded and the last day is included (e.g., three days after MEC). If any deadline falls on a Saturday, Sunday or
633 federal or Colorado state holiday (Holiday), such deadline D Will 00 Will Not be extended to the next day that is not a
634 Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended.
635 19. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND
636 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the
637 condition existing as of the date of this Contract, ordinary wear and tear excepted.
638 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of
639 loss prior to Closing in an amount of not more than ten percent of the total Purchase Price (Property Damage), and if the repair of
640 the damage will be paid by insurance ( other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance
641 proceeds, will use Seller's reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under
642 § 25.1, on or before Closing Date if the Property is not repaired before Closing Date or if the damage exceeds such sum. Should
643 Buyer elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance
644 proceeds that were received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus
645 the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event
646 Seller has not received the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the
647 Property repaired prior to Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if
648 acceptable to Seller's insurance company and Buyer's lender; or (2) the parties may enter into a written agreement prepared by the
649 parties or their attorney requiring the Seller to escrow at Closing from Seller's sale proceeds the amount Seller has received and
650 will receive due to such damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the
651 insurance claim.
652 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication
653 services), system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged
654 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement
655 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the
656 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance
657 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or
658 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before
659 Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or
CBS3-6-1S. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 3/2/2018 14:59
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660 Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right for any claim against the
661 Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty programs that
662 may be purchased and may cover the repair or replacement of such Inclusions.
663 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may
664 result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation
665 action. Buyer has the Right to Terminate under§ 25.1, on or before Closing Date, based on such condemnation action, in Buyer's
666 sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and
667 Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value
668 of the Property or Inclusions but such credit will not include relocation benefits or expenses, or exceed the Purchase Price.
669 19.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the
670 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract.
671 20.RECOMMENDATION OF LEGAL AND TAX COUNSEL . By signing this Contract, Buyer and Seller acknowledge
672 that the respective broker has advised that this Contract has important legal consequences and has recommended the examination
673 of title and consultation with legal and tax or other counsel before signing this Contract.
674 21.TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract.
675 This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored
676 or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-defaulting
677 party has the following remedies:
678 21.1. If Buyer is in Default:
679 D 21.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid
680 by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty, and the Parties agree
681 the amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect
682 to treat this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both.
683 21.1.2. Liquidated Damages, Applicable. This § 21.1.2 applies unless the box in § 21.1.1. is checked. Seller
684 may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller, and retained by Seller. It is
685 agreed that the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree
686 is fair and reasonable and (except as provided in§§ 10.4, 22, 23 and 24), said payment of Earnest Money is SELLER'S ONLY
687 REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific
688 performance and additional damages.
689 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received
690 hereunder will be returned and Buyer may recover such damages as may be proper. Alternatively, Buyer may elect to treat this
691 Contract as being in full force and effect and Buyer has the right to specific performance or damages, or both.
692 22.LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitmtion
693 or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party
694 all reasonable costs and expenses, including attorney fees, legal fees and expenses.
695 23.MEDIATION. If a dispute arises relating to this Contract, (whether prior to or after Closing) and is not resolved, the parties
696 must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps
697 to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is
698 binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator
699 and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire
700 dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at
701 that party's last known address (physical or electronic as provided in § 27). Nothing in this Section prohibits either party from
702 filing a lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation.
703 This section will not alter any date in this Contract, unless otherwise agreed.
704 24.EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest
705 Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding
706 the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole
707 subjective discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and
708 deposit Earnest Money into a court of competent jurisdiction, (Earnest Money Holder is entitled to recover court costs and
709 reasonable attorney and legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money
710 Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the
711 lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder is
712 authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has
CBS3-6-15. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 3/2/2018 14:59
98
713 not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order
714 of the Court. The parties reaffirm the obligation of Mediation. This Section will survive cancellation or termination of this
715 Contract.
716 25.TERMINATION.
717 25.1. Right to Terminate. ff a party has a right to terminate, as provided in this Contract (Right to Terminate), the
718 termination is effective upon the other party's receipt of a written notice to terminate (Notice to Terminate), provided such written
719 notice was received on or before the applicable deadline specified in this Contract. ff the Notice to Terminate is not received on or
720 before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as
721 satisfactory and waives the Right to Terminate under such provision.
722 25.2. Effect of Te rmination. In the event this Contract is terminated, all Earnest Money received hereunder will be
723 returned and the parties are relieved of all obligations hereunder, subject to §§ 10.4, 22, 23 and 24.
724 26.ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified
725 addenda, constitute the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining
726 thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the
727 terms of this Contract is valid, binding upon the parties, or enforceab1e unless made in writing and signed by the parties. Any right
728 or obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the
729 same. Any successor to a Party receives the predecessor's benefits and obligations of this Contract.
730 27.NOTICE, DELIVERY, AND CHOICE OF LAW.
731 27.1. Physical Delivery and Notice. Any document, or notice to Buyer or Seller must be in writing, except as provided in
732 § 27.2, and is effective when physically received by such party, any individual named in this Contract to receive documents or
733 notices for such party, the Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after
734 Closing must be received by the party, not Broker or Brokerage Firm).
735 27.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Buyer
736 or Seller, any individual named in this Contract to receive documents or notices for such party, the Broker or Brokerage Firm of
737 Broker working with such party (except any notice or delivery after Closing must be received by the party; not Broker or
738 Brokerage Firm) at the electronic address of the recipient by facsimile, email or El.ectronic Signature Program.
739 27.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email
7 40 address of the recipient, (2) a 1ink or access to a website or server provided the recipient receives the information necessary to
741 access the documents, or (3) facsimile at the Fax No. of the recipient.
742 27.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with
743 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property
744 located in Colorado.
745 28.NOTICE OF ACCEPTA NCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and
746 Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to§ 27 on or
747 before Acceptance Deadline Date and Acceptance Deadline Time. ff accepted, this document will become a contract between
748 Seller and Buyer. A copy of this Contract may be executed by each party, separately, and when each party has executed a copy
749 thereof, such copies taken together are deemed to be a full and complete contract between the parties.
750 29.GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not
751 limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations, Title
752 Insurance, Record Title and Off-Record Title, New ILC, New Survey and Property Disclosure, Inspection, Indemnity,
753 lnsurabllity and Due Diligence.
754
755 ADDITIONAL PROVISIONS AND ATTACHMENTS
756 30.ADDITIONAL PROVISIONS. (The fo11owing additional provisions have not been approved by the Colorado Rea1 Estate
757 Commission.)
758 A.The Buyer has the right to have this contract reviewed by an attorney within
five business days of its being by al.l. parties. Shoul.d the attorney have an
objection to any portion of this contract, then, at the sol.e discretion of
the buyer and upon written notification to the Sel.l.er by the fifth business
day after the contract is signed by al.l. parties, this contract may be cancel.ed.
CBSJ-6-15. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 3/2/2018 14:59
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759 760
761
762
763
764
765 766
767 768
769 770 771
772 773
774
775
776
777
778
B.The contract is expressly conditional upon the approval by the Trustees
0£ the Town 0£ Estes Park at the regularly scheduled meeting on March 13, 2018.
C.This contract is expressly conditional upon the property appraising at or
above the purchase price. Payment £or the appraisal is responsibility 0£ the
Buyer.
D.Buyer will pay the prorated property
(approximately $7,450).
tax £or 2018 to the day 0£ closing
31.ATTACHMENTS.
31.1. The following attachments are a part of this Contract:
31.2. The following disclosure forms are attached but are not a part of this Contract:
SIGNATURES
Buyer's Name: Town 0£ Estes Park
Buyer's Signature Frank 2'. Lancaster, Town Administrator
Address: P.O. Box 1200
Estes Park, CO 80517
Phone No.:
Fax No.:
Email Address:
Date
779 [NOTE: Hthis offer is being countered or rejected, do not sign this document. Refer to§ 32]
Seller's Name: Kearney and sons Enterprises, LLC
Seller's Signature John M. Kearney
CBSJ-6-15. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 3/2/2018 14:59
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100
B.The contract is expressly conditional upon the approval by the Trustees
of the Town of Estes Park at the regularly scheduled meeting on March 13, 2018.
c.Xh�s contract is expressly conditional upon the property appraising at or
above the purchase price. Payment £or the appraisal is responsibility bf the
.Buyer.
759
760
761
762
763
764
D.Buyer will pay the prorated property tax for 2018 to the day or closing
(approximately $7,450}.
765 31. ATTACHMENTS.
766 31.1. The following attachments are a part of this Contract:767
768
769 770
771
772 31.2. The following disclosure forms are attached but are not a part of this Contract: 773
774
775
776
777
778
Buyer's Name: Town of Estes Park ¢Ir� Buyer's Signature Frank T. Lancaster,
Address: P.O. Box 1200
SIGNATURES
;y-z --1c
Town Administrator Date
Estes Park, CO 80517
Phone No.:
Fax No.:
Email Address:
779 {NOTE: If this offer is being countered or rejected, do not sign this docwnent. Refer to § 32]
Seller's Name: Kearney and sons Enterprises, LLC
=::1'&'::-,....., < � • \ Seller's Signature John M. Kearney
CBS3·6-15. CONTRACT TO BUY ANDSELLREALESTATE(COMMERCIAL) 3/2/201814:59
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Date
101
Address: P.O. Box 3623
Estes Park, CO 80517
Phone No.:
Fax No.:
Email Address:
780
781 32.COUNTER; REJECTION. This offer is O Countered O Rejected.
782 Initials only of party (Buyer or Seller) who countered or rejected offer ______________ _
783 !END OF CONTRACT TO BUY AND SELL REA L ESTATE I
33.BROK ER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLO SURE.
(To be completed by Broker working with Buyer)
Broker D Does Iii Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contract, agrees to
cooperate upon request with any mediation concluded under § 23. Broker agrees that if Brokerage Firm is the Earnest Money
Holder and, except as provided in § 24, if the Earnest Money has not already been returned fo11owing receipt of a Notice to
Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written
mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder's receipt of the
executed written mutual instructions, provided the Earnest Money check has cleared.
Broker is working with Buyer as a D Buyer's Agent D Seller's Agent D Transaction-Broker in this transaction. D This is a Change of Status.
Brokerage Firm's compensation or commission is to be paid by 00 Listing Brokerage Firm D Buyer D Other _____ .
Brokerage Firm's Name:
Broker's Name:
Address:
Phone No.:
Fax No.:
Email Address:
Anderson Realty & Mgmt.
Eric W. siackhurst
Broker's Signature:
170 S St Vrain
Estes Park, CO B0517
(970)586-2950
(BOO) 504-3B41
Date
34.BROK ER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Broker working with Seller)
Broker D Does Iii Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contract, agrees to
cooperate upon request with any mediation concluded under § 23. Broker agrees that if Brokerage Firm is the Earnest Money
Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to
Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written
mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder's receipt of the
executed written mutual instructions, provided the Earnest Money check has cleared.
Broker is working with Seller as a 00 Seller's Agent D Buyer's Agent D Transaction-Broker in this transaction.
CBS3-6-15. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 3/2/2018 14:59
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D This is a Change of Status.
Brokerage Firm's compensation or commission is to be paid by � Seller D Buyer D Other ______ _
Brokerage Firm's Name:
Broker's Name:
Address:
Phone No.:
Fax No.:
Email Address:
784
Anderson Realty & Mgmt.
Judy Anderson
Broker's Signature:
1 70 S St Vrain
Estes Park, CO 80517
(970) 586-2950
(800) 504-3841
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103
104
Anderson Realty and Management
Phone: (970) 586-2950 Fax: (800) 504-3841
Toll-free (866) 586-2950 Web site www.KeytoEstesPark.com
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
(BD24-6-16) (Mandatory 1-17)
DIFFERENT BROKERAGE RELATIONSIIlPS ARE AVAILABLE WHICH INCLUDE SELLER AGENCY, BUYER
AGENCY OR TRANSAC TION-BROKERAGE.
BROKERAGE DISCLOSURE TO BUYER DEFINITIONS OF WORKING RELATIONSHIPS
Seller's Agent: A seller's agent works solely on behalf of the seller to promote the interests of the seller with the utmost
good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the seller. The seller's agent
must disclose to potential buyers all adverse material facts actually known by the seller's agent about the property. A
separate written listing agreement is required which sets forth the duties and obligations of the broker and the seller.
Buyer's Agent: A buyer's agent works solely on behalf of the buyer to promote the interests of the buyer with the utmost
good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the buyer. The buyer's agent
must disclose to potential sellers all adverse material facts actually known by the buyer's agent, including the buyer's
financial ability to perform the terms of the transaction and, if a residential property, whether the buyer intends to occupy
the property. A separate written buyer agency agreement is required which sets forth the duties and obligations of the
broker and the buyer.
Transaction-Broker: A transaction-broker assists the buyer or seller or both throughout a real estate transaction by
performing terms of any written or oral agreement, fully informing the parties, presenting all offers and assisting the parties
with any contracts, including the closing of the transaction, without being an agent or advocate for any of the parties. A
transaction-broker must use reasonable skill and care in the performance of any oral or written agreement, and must make
the same disclosures as agents about a11 adverse material facts actually known by the transaction-broker concerning a
property or a buyer's financial ability to perform the terms of a transaction and, if a residential property, whether the buyer
intcndi. to occupy the propeny. No written agreement is required.
Customer: A customer is a party to a real estate transaction with whom the broker has no brokerage relationship because
such party has not engaged or employed the broker, either as the party's agent or as the party's transaction-broker.
RELATIONSHIP BETWEEN BROKER AND BUYER
Broker and Buyer referenced below have NOT entered into a buyer agency agreement The working relationship specified
below is for a specific property described as:
1360 Brook Dr Estes Park CO 80517
or real estate which substantially meets the following requirements:
Buyer understands that Buyer shall not be liable for Broker's acts or omissions that have not been approved, directed, or
ratified by Buyer.
CHECK ONE BOX ONLY:
00 Multiple-Person Firm. Broker, referenced below, is designated by Brokerage Finn to serve as Broker. If more than
one individual is so designated, then references in this document to Broker shall include all persons so designated,
including substitute or additional brokers. The brokerage relationship exists only with Broker and does not extend to the
BD24-6-16 BROKERAGE DISCLOSURE TO BUYER 3/2/2018 13:45
105
employing broker, Brokerage Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated.
D One-Person Firm. If Broker is a real estate brokerage firm with only one licensed natural person, then any references to Broker or Brokerage Firm mean both the licensed natural person and brokerage firm who shall serve as Broker.
CHECK ONE BOX ONLY:
D Customer. Broker is the seller's agent and Buyer is a customer. Broker, as seller's agent, intends to perform the following list of tasks: 0 Show a property D Prepare and Convey written offers, counteroffers and agreements to amend or extend the contract. Broker is not the agent of Buyer.
0 Customer for Broker's Listings -Transaction-Brokerage for Other Properties. When Broker is the seller's agent, Buyer is a customer. When Broker is not the seller's agent, Broker is a transaction-broker assisting in the transaction. Broker is not the agent of Buyer.
00 Transaction-Brokerage Only. Broker is a transaction-broker assisting in the transaction. Broker is not the agent of Buyer.
Buyer consents to Broker's disclosure of Buyer's confidential information to the supervising broker or designee for the purpose of proper supervision, provided such supervising broker or designee shall not further disclose such information without consent of Buyer, or use such information to the detriment of Buyer.
DISCLOSURE OF SETTLEMENT SERVICE COSTS. Buyer acknowledges that costs, quality, and extent of service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies).
THIS IS NCYf A CONTRACT. IT IS BROKER'S DISCLOSURE OF BROKER'S WORKING RELATIONSHIP.
If this is a residential transaction, the following provision shall apply:
MEGAN'S LAW: If the presence of a registered sex offender is a matter of concern to Buyer, Buyer understands that Buyer must contact local law enforcement officials regarding obtaining such information.
BUYER ACKNOWLEDGMENT: Buyer acknowledges receipt of this document on March 2, 2018.
Buyer Frank 'l'. Lancaster, Town Acfmini.strator
BROKER ACKNOWLEDGMENT: On March 2, 2018, Broker provided Town of Estes Park (Buyer) with this document via hand del.i very and retained a copy for Broker's records.
Bc;;;.•7111J:;;lty & Management
Broker Eric W. Blackhurst
BD24-6-16 BROKERAGE DISCLOSURE TO BUYER 3/2/2018 13:45
106
rona-p5.D—.‘a
r0n0-I.5.—SU,//S.’—-I
FINANCE DEPTMemo
To:Honorable Mayor Jirsa
Board of Trustees
Through:Town Administrator Lancaster
From:Duane Hudson, Finance Director
Date:March 13, 2018
RE:Resolution # 06-18 – 2018 Supplemental Budget Appropriation for
Purchase of Lot 1 Kearney Minor Subdivision
Objective:
To obtain approval of Resolution # 06-18 to appropriate $1,000,000 to complete the
purchase of Lot 1 Kearney Minor Subdivision for the Water Fund.
Present Situation:
The opportunity to purchase this parcel of land was not known when the original budget
was drafted and approved. However, the property was put on the market for sale in
2018 and the Town’s Water Fund would like to purchase the property for its own use.
Proposal:
To complete this purchase, the funds must be appropriated from the Water Fund’s fund
equity to authorize this purchase.
Advantages:
The property is on the market for sale, providing the opportunity to purchase the land on
the open market.
Disadvantages:
This will appropriate $1,000,000 of the Water Fund’s fund equity for this purpose.
Action Recommended:
Staff recommends approval of the 2018 supplemental budget appropriation resolution.
Finance/Resource Impact:
The Water Fund fund equity will decrease by the cost of this land acquisition.
Level of Public Interest
No comments have been received on this opportunity however, the pending transaction
is not widely known.
107
Sample Motion:
I move for the approval/denial of Resolution # 06-18 appropriating additional sums of
money for the Town of Estes Park for the budget year ended December 31, 2018.
Attachments:
Attachment A – Resolution # 06-18 – 2018 Supplemental Budget Appropriation for
Purchase of Lot 1 Kearney Minor Subdivision
Attachment B – Recap of Proposed Budget Adjustment
108
RESOLUTION FOR
SUPPLEMENTAL BUDGET APPROPRIATIONS for 2018
NO. 06-18
A RESOLUTION APPROPRIATING ADDITIONAL SUMS OF MONEY FOR THE VARIOUS
FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET
FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR
BEGINNING ON THE FIRST DAY OF JANUARY 2018 AND ENDING ON THE LAST DAY OF
DECEMBER 2018.
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the 2018
annual budget in accordance with the Local Government Budget Law on November 28
th, 2017;
and
WHEREAS, the Town has identified a land acquisition project not included in the original
2018 budget; and
WHEREAS, it is not only required by law, but also necessary to appropriate available
fund balance to and for the land acquisition project, 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 be increased by $1,000,000 for the Water Fund and this amount
is hereby appropriated from available fund balance of the Water Fund.
Fund # Fund Name
Existing
Appropriations Amendment
Amended
Appropriations
503 Water Fund 7,825,441 1,000,000 8,825,441
ADOPTED this 13th day of March, 2018.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
ATTACHMENT A 109
TOWN OF ESTES PARK
RECAP OF PROPOSED BUDGET ADJUSTMENTS
FOR YEAR ENDED 12-31-2018
RESOLUTION # 06-18
AS OF MARCH 13, 2018
503
WATER
Revenues, As Amended 5,596,748$
Expenses, As Amended 8,825,441
Net (3,228,693)
Estimated Beginning Fund Balance, 1/1/18 5,366,782
Estimated Ending Fund Balance, 12/31/18 2,138,089$
ATTACHMENT B 110
TOWN OF ESTES PARK
SUMMARY OF ANTICIPATED REVENUE ADJUSTMENTS
FOR YEAR ENDED 12-31-2018
RESOLUTION # 06-18
AS OF MARCH 13, 2018
FUND
CURRENT 2018
BUDGET
RESOLUTION
# 06-18
REVISED 2018
BUDGET
101 GENERAL FUND 17,354,656 - 17,354,656
204 COMMUNITY REINVESTMENT 3,010,230 - 3,010,230
211 CONSERVATION TRUST 32,550 - 32,550
220 LARIMER COUNTY OPEN SPACE 608,155 - 608,155
236 EMERGENCY RESPONSE 69,800 - 69,800
238 COMMUNITY CENTER 696,700 - 696,700
244 TRAILS 352,100 - 352,100
260 STREET 1,685,900 - 1,685,900
502 LIGHT & POWER 16,279,710 - 16,279,710
503 WATER 5,596,748 - 5,596,748
606 MEDICAL INSURANCE 2,590,625 - 2,590,625
612 FLEET 428,825 - 428,825
625 INFORMATION TECHNOLOGY 726,276 - 726,276
635 VEHICLE REPLACEMENT 892,419 - 892,419
TOTAL 50,324,694 - 50,324,694
ATTACHMENT B 111
TOWN OF ESTES PARK
SUMMARY OF SUPPLEMENTAL APPROPRIATIONS
FOR YEAR ENDED 12-31-2018
RESOLUTION # 06-18
AS OF MARCH 13, 2018
FUND/DEPT FUND / DEPT NAME
CURRENT 2018
BUDGET
RESOLUTION
# 06-18
REVISED 2018
BUDGET
101 GENERAL FUND
101-1100 Legislative 213,362 - 213,362
101-1200 Judicial 80,131 - 80,131
101-1300 Executive 360,886 - 360,886
101-1400 Admin Svcs 614,185 - 614,185
101-1500 Finance 549,452 - 549,452
101-1600 Com Dev ( Planning)805,068 - 805,068
101-1700 Facilities 1,053,264 - 1,053,264
101-1800 Employee Benefits 159,651 - 159,651
101-1900 Community Service Grants 1,059,065 - 1,059,065
101-2100 Police - Patrol 3,359,637 - 3,359,637
101-2155 Police - Communications 1,003,181 - 1,003,181
101-2175 Police - Comm Svcs 348,097 - 348,097
101-2300 Building Safety Divison 559,092 - 559,092
101-2400 Engineering 512,412 - 512,412
101-2600 Visitor Center 461,529 - 461,529
101-3100 Streets 1,692,074 - 1,692,074
101-5200 Parks 1,182,604 - 1,182,604
101-5304 Senior Center 21,250 - 21,250
101-5500 Special Events 2,333,439 - 2,333,439
101-5600 Transit 466,678 - 466,678
101-5700 Museum 360,062 - 360,062
101-9000 Transfers 1,350,322 - 1,350,322
101 GENERAL FUND 18,545,441 - 18,545,441
204 COMMUNITY REINVESTMENT 2,726,745 - 2,726,745
211 CONSERVATION TRUST 32,541 - 32,541
220 LARIMER COUNTY OPEN SPACE 512,345 - 512,345
236 EMERGENCY RESPONSE 45,685 - 45,685
238 COMMUNITY CENTER 696,700 - 696,700
244 TRAILS 400,000 - 400,000
260 STREET 1,697,375 - 1,697,375
502 LIGHT & POWER 18,653,594 - 18,653,594
503 WATER 7,825,441 1,000,000 8,825,441
606 MEDICAL INSURANCE 2,002,909 - 2,002,909
612 FLEET 426,571 - 426,571
625 INFORMATION TECHNOLOGY 715,771 - 715,771
635 VEHICLE REPLACEMENT 255,465 - 255,465
TOTAL ALL FUNDS 54,536,583 1,000,000 55,536,583
ATTACHMENT B 112
TOWN OF ESTES PARKSCHEDULE OF CHANGES BY ACCOUNTFOR YEAR ENDED 12-31-2018RESOLUTION # 06-18AS OF MARCH 13, 2018PROJECT NAME / DESCRIPTION PROJECT CODE ACCOUNT NUMBER ACCOUNT DESCRIPTION CURRENT 2018 BUDGET RESOLUTION # 06-18 REVISED 2018 BUDGET LAND-LOT 1 KEARNEY MINOR SUBDIVISION KERNY 503-7000-580.31-11 LAND - 1,000,000 1,000,000 GLACIER CREEK LAND CONSOLIDATION PROJECT GCLAND 503-7000-580.31-11 LAND 170,000 170,000 MARY'S LAKE WTP - METERING/CFE SAMPLING VAULT MLVALT 503-7000-580.32-22 BUILDING REMODELING 35,000 35,000 GLACIER CREEK WTP - DISCHARGE OUT STRUCTURE GCDSCH 503-7000-580.32-22 BUILDING REMODELING 110,000 110,000 WONDERWARE SOFTWARE WONDER 503-7000-580.33-33 DATA PROCESSING EQUIPMENT 19,000 19,000 METER REPLACEMENT PROJECT SMRTW 503-7000-580.33-34 METERS 300,000 300,000 SCADA UPGRADES AT GLACIER WTP GPSCAD 503-7000-580.33-36 COMMUNICATION EQUIPMENT 189,984 189,984 FEEDER REPLACEMENT WTFEED 503-7000-580.33-40 PURIFICATION EQUIPMENT 17,000 17,000 STORAGE TANK MIXER WTMISR 503-7000-580.33-40 PURIFICATION EQUIPMENT 16,000 16,000 TOC ANALYZER, UPS, UV 254 ANALYZER WTTOC 503-7000-580-33-40 PURIFICATION EQUIPMENT 35,000 35,000 CONFINED SPACE ENTRY EQUIPMENT WTTOOL 503-7000-580.33-41 TOOLS 5,000 5,000 WALK BEHIND ASPHALT SAW WTTOOL 503-7000-580.33-41 TOOLS 40,000 40,000 PRESSURE TESTING EQUIPMENT WTTOOL 503-7000-580.33-41 TOOLS 17,000 17,000 SAFETY EQUIP (TRENCH BOXES AND SPEED SHORING EQUIP) WTTOOL 503-7000-580.33-41 TOOLS 30,000 30,000 BULK WATER DISPENSER WTDISP 503-7000-580.33-98 OTHER EQUIPMENT 35,000 35,000 TANDEM AXLE DUMP TRUCK 90393 503-7000-580.34-42 TRUCKS 162,000 162,000 PEMPWCo SYSTEM DESIGN & CONSTRUCTION PEMPWC 503-7000-580.35-54 WATER SYSTEM 72,000 72,000 MORAINE AVE BRIDGE UTILITY CROSSING MORB17 503-7000-580.35-54 WATER SYSTEM 91,445 91,445 ACACIA DR 8" MAIN HYDRANTS ACACIA 503-7000-580.35-54 WATER SYSTEM 30,000 30,000 PRESSURE REDUCTION VALVE/METERINGPRVLM 503-7000-580.35-54 WATER SYSTEM 16,000 16,000 CIP ASPEN AVE LINE REPL ASPENL 503-7000-580.35-54 WATER SYSTEM 180,760 180,760 4TH STREET LINE REPL 4STLR 503-7000-580.35-54 WATER SYSTEM 250,000 250,000 HWY 34 TO VISTA LANE LINE REPL H34LR 503-7000-580.35-54 WATER SYSTEM 175,000 175,000 18" MAIN VALVE INSTALLATIONS 18VALV 503-7000-580.35-54 WATER SYSTEM 120,000 120,000 NCWCD MUNICIPAL SUBDISTRICT INCLUSIONS NCWCD 503-7000-580.35-54 WATER SYSTEM 21,000 21,000 GLACIER CREEK WTP INTAKE ENGINEERING GCINTK 503-7000-580.35-54 WATER SYSTEM 110,356 110,356 CIP ROCKWELL/WEST RIVERSIDE DR 16" MAIN ROCKWL 503-7000-580.35-54 WATER SYSTEM 320,000 320,000 CIP BIG THOMPSON AVE (HWY 34) MAINBTHOMP 503-7000-580.35-54 WATER SYSTEM507,903 507,903 GIS WORKWTRGIS 503-7000-580.37-01 SOFTWARE DEVELOPMENT48,000 48,000 CIP USA WATER RIGHTS WITH BORWTRRBR 503-7000-580.37-10 WATER RIGHTS44,000 44,000 Total Water Fund Capital Outlay 3,167,448 1,000,000 4,167,448 Water Fund Operating Expenses 4,109,133 - 4,109,133 Water Fund Debt Service 404,159 - 404,159 Water Fund Transfers Out 144,701 - 144,701 Total Water Fund Appropriations 7,825,441 1,000,000 8,825,441 ATTACHMENT B113