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HomeMy WebLinkAboutPACKET Town Board 2022-12-13The 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, December 13, 2022 7:00 p.m. In Person Meeting – Mayor, Trustees, Staff and Public ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Thursday, December 13, 2022. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. REMOTE PUBLIC PARTICIPATION WILL NO LONGER BE AVAILABLE IN 2023 REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. Instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040 ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. SWEARING-IN CEREMONY FOR NEW CHIEF OF POLICE DAVID HAYES. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated November 22, 2022, Town Board Study Session Minutes dated November 22, 2022, and Town Board Special Study Session Minutes dated November 17, 2022 and December 6, 2022. 3.Family Advisory Board minutes dated November 3, 2022 (acknowledgement only). Prepared 12-02-2022 * NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 4.Transportation Advisory Board Minutes dated October 19, 2022 (acknowledgement only). 5.Parks Advisory Board Minutes dated October 20, 2022 (acknowledgement only). 6.Resolution 94-22 IGA with Rocky Mountain National Park and the Estes Park Police Department for Mutual Law Enforcement and Other Emergency Services Assistance. 7.Resolution 99-22 Grant Agreement with History Colorado to Extend the Birch Ruins Elevated Walkway. 8.Letter of Support for Recycling Resources Economic Opportunity (RREO) Grant Program from the Colorado Department of Public Health and Environment. 9.Resolution 100-22 Professional Services Contract Amendment Four with SAFEbuilt Colorado, LLC, for renewal of Building Safety Services Contract, 2023. 10. Resolution 101-22 Contract with Courtenay Patterson for Assistant Municipal Judge Services through April 23, 2024. 11. Resolution 102-22 Bulk Water Service Agreement with Spruce Knob Water Company. LIQUOR ITEMS: 1. RESOLUTION 103-22 TO CONSIDER A NEW LODGING & ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR ESTES PARK CATERING LLC DBA JUBILATIONS CATERING, 215 VIRGINIA DRIVE. Town Clerk Williamson. To consider a new liquor license application and to consider the needs and desires of the neighborhood. ACTION ITEMS: 1.RESOLUTION 104-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #7 TO THE 2022 BUDGET. Director Hudson. To amend the 2022 Budget including funding for final year end estimates and contracted services. 2. ORDINANCE 19-22 RIGHT-OF-WAY VACATION, PINE ROAD PLATTED WITHIN THE JAMES-MCINTYRE SUBDIVISION, 1630 FALL RIVER ROAD, BRIAN HANSEN, HANSEN AND DALE RESORTS LLC/APPLICANT. Planner Woeber. Application to vacate Pine Road right-of-way, a road which was platted in 1947 and never constructed. 3.ORDINANCE 20-22 AMENDING THE ESTES PARK MUNICIPAL CODE SECTION 5.20 REGARDING BUSINESS LICENSES. Town Clerk Williamson. The ordinance would address items such as but not limited to removing pro-ration for licensing, add regulations for fractional ownership, and additional regulations for vacation home license transfers. 4.INTERVIEW COMMITTEE FOR THE LOCAL MARKETING DISTRICT. Town Clerk Williamson. 5. INTERVIEW COMMITTEE FOR THE PARKS ADVISORY BOARD. Town Clerk Williamson. 6. INTERVIEW COMMITTEE FOR THE LARIMER COUNTY SOLID WASTE POLICY ADVISORY COUNCIL. Town Clerk Williamson. ADJOURN. Town Board Meeting for December 27, 2022 Has Been Cancelled. Town of Estes Park, Larimer County, Colorado, November 22, 2022 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 22nd day of November, 2022. Present: Mayor Wendy Koenig Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Bunny Victoria Beers, Deputy Town Clerk Absent: Trustee Scott Webermeier. Mayor Koenig 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 (Younglund/MacAlppine) to approve the Agenda, and it passed . PUBLIC COMMENTS. Bob Fixter/Town citizen expressed disappointment with the Board decision to move forward with the implementation of the workforce housing regulatory linkage fee in 2023. TRUSTEE COMMENTS. Trustee comments have been summarized: Several Trustees attended a ceremony at the Estes Park Veterans Monument on Veterans Day. The Estes Park Planning Commission approved the Estes Forward Comprehensive Plan which would be considered by the Board on December 6, 2022. The League of Women’s Voters held a Solid Waste Program with presentations on the construction of the new Larimer County landfill and proper disposal of used batteries. Trustees MacAlpine and Cenas hosted the November Trustee Talk with major topics of discussion on the Fish Hatchery project and the Downtown Estes Loop project and the public was encouraged to attend future sessions to engage with the Board on local issues. Trustee Cenac would attend the Professional Rodeo Cowboy Association in Las Vegas. A number of Trustees attended the Catch the Glow parade float sneak peak and encouraged the public to attend the parade. Police Auxiliary met virtually due to the rise in COVID and other respiratory illnesses and Blue Santa Program donations would be collected through December 4, 2022 with distribution taking place on December 10, 2022. The Parks Advisory Board (PAB) passed the annual review of the Art in Public Places with no changes; a new bench was installed at Mrs. Walsh’s Garden; and the Estes Valley Open Space Plan and the Sustainability Task Force Report to identify items to incorporate into 2023 PAB goals. Restorative Justice Board welcomed Luis Smith to handle contract work and the Better To-Go Fundraiser dinner would be held on November 30, 2022, as a take home meal to raise funds for the program. The Transportation Advisory Board meeting discussed the Cleave Street project, a parking presentation and the Downtown Estes Loop. Residents were encouraged to complete the Estes Valley Fire Protection District Community Survey regarding their consideration of a mill-levy and bond question for a May 2023 election. Mayor Koenig and Trustees attended the Holiday Tree Lighting. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek stated the Catch the Glow parade would take place the Friday following Thanksgiving Day and Police Department Chief David Hayes would DR A F T Board of Trustees – November 22, 2022 – Page 2 begin employment on November 28, 2022 and an official swearing in would take place on December 13, 2022. 1. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated November 8, 2022, Town Board Study Session Minutes dated November 8, 2022 and Special Study Session Minutes dated November 10, 2022 3. Estes Park Board of Adjustment Minutes dated September 13, 2022 (acknowledgement only). 4. Estes Park Planning Commission Minutes dated September 20, 2022 and Study Session Minutes dated October 18, 2022 (acknowledgement only). 5. Family Advisory Board Minutes dated September 1, 2022 and Special Meeting Minutes dated September 27, 2022 (acknowledgement only). 6. Appointment of Chris Pawson to the Estes Park Planning Commission to Complete the Term of Janene Centurione Expiring March 31, 2028. 7. Resolution 96-22 Intergovernmental Agreement with the State of Colorado Department of Local Affairs for a Grant to Support Broadband Initiative Planning and Implementation. 8. Resolution 97-22 Setting the Public Hearing for a New Lodging & Entertainment Liquor License Application for Estes Park Catering LLC dba Jubilations Catering, 215 Virginia Drive, Estes Park, Colorado, 80517. It was moved and seconded (Cenac/Hazelton) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1. RESOLUTION 95-22 CONSTRUCTION CONTRACT WITH DIETZLER CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF THE FALL RIVER TRAIL EXTENSION. In 2020, the Town was awarded a Transportation Alternative Program (TAP) grant for $955,000 and a Multi Modal Options Fund (MMOF) grant for $448,226 to construct 0.5-miles of the Fall River Trail. The project would connect a substantial incomplete gap between completed east and west portions of the trail including a 10-foot wide, reinforced concrete multimodal path, six retaining walls, and a transit bus pad. Completing the trail would improve safety for pedestrians and bicyclists along Fall River Road and supports the implementation of the Estes Valley Master Trails Plan. A single bid was received from Dietzler Construction Corporation in the amount of $3,220,674.38. Engineer Bailey stated construction costs exceeded the original project estimate and funds were appropriated at the November 10, 2022 meeting. Staff recommended approval of the Fall River Trail Extension (TAP & MMOF) construction contract with Dietzler Construction Corporation in the amount of $3,220,674.38, and to authorize staff to spend an additional $29,325.62 if needed to address unanticipated conditions encountered during construction for a maximum expenditure of $3,250,000. Board questions were related to the remaining incomplete trail after project completion and which contractors were used for the completed portions of the trail. It was moved and seconded (Martchink/Younglund) to approve Resolution 95-22, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 7:22 p.m. Wendy Koenig, Mayor Bunny Victoria Beers, Deputy Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado November 22, 2022 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room and Virtually in said Town of Estes Park on the 22nd day of November, 2022. Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink, and Younglund Attending: Mayor Koenig, Trustees Cenac, Hazelton, MacAlpine, Martchink, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer, and Recording Secretary Disney Absent: Mayor Pro Tem Webermeier Mayor Koenig called the meeting to order at 5:15 p.m. HOUSING NEEDS ASSESSMENT AND STRATEGIC PLAN CHECK-IN. Assistant Town Administrator Damweber and Mollie Fitzpatrick of Root Policy Research presented preliminary findings and strategies. Preliminary findings highlighted the insufficient growth of housing units over the last decade, job growth in the region, socio- economic trends, housing costs outpacing income, the 2016 Housing Needs Assessment, and community and stakeholder engagement. The draft Housing Action Plan would build upon the work of the Estes Park Housing Authority, Town of Estes Park Lodging Tax Exploration Task Force, recommendations from the 2016 Housing Needs Assessment, research and observations, and input from this discussion. Strategies would include generating resources for affordable housing, supporting development of dedicated affordable housing, maintain existing affordable housing, and access to resident housing services and programs. The Board discussed income levels of residents, community engagement, a lease to locals’ program, incentives for converting short-term rentals to long-term rentals, data on commuters’ interests for residency, cultural needs and demographics, and housing needs by household types. ROOFTOP RODEO OPERATIONS OVERVIEW. Director Hinkle provided an overview of Rooftop Rodeo operations. He highlighted 2022 operations and ticket sales, previous cooperation with Estes Park Western Heritage Inc and their recent dissolution, Town management of operations, and next steps for contracting with an entity to assist with 2023 operations. The Rooftop Rodeo would be held July 5 – 10, 2023 with a parade on July 6, 2023. The Board discussed the number of contractors which provide rodeo operations. TRAILBLAZER ANNUAL UPDATE. Superintendent Lockhart and Manager Smith provided an annual update on the Trailblazer Broadband Utility. They highlighted sales, marketing, and call center performance, net positive revenues of the utility, upcoming bond payments, current status of the build-out with 39 out of 58 cabinet complete, expected completion of the fiber build-out in 2024, improved efficiency in operations and construction, unexpected staff turnover, and supply chain delays. The Board discussed next steps following the completion of construction and installation, maintenance expectations, history of external work orders, Trailblazer installation at the Events Center, the Fish Hatchery workforce housing project, the additional cabinet areas, reasons for customer churn, and issues with wildlife. DR A F T Town Board Study Session – November 22, 2022 – Page 2 TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek requested and it was determined to schedule a presentation on US34 Transportation Management Organization for February 14, 2023, a presentation from Rocky Mountain National Park on visitor use management for December 13, 2022, and add an update on Workforce/Affordable Housing and Childcare Funding to items approved unscheduled. There being no further business, Mayor Koenig adjourned the meeting at 6:35 p.m. Kimberly Disney, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado, November 17, 2022 Minutes of a Special 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 17th day of November, 2022. Present: Wendy Koenig, Mayor Scott Webermeier, Mayor Pro Tem Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Kimberly Disney, Recording Secretary Absent: None Mayor Koenig called the meeting to order at 5:30 p.m. AGENDA APPROVAL. It was moved and seconded (Hazelton/Younglund) to approve the Agenda, and it passed unanimously. Trustee Cenac arrived at 5:33 p.m. ACTION ITEMS: 1.RESOLUTION 92-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #6. Director Hudson presented the supplemental budget appropriations #6. Amendments would provide funding to award the construction contract for Fall River Trail Project improvements and match funding for the Downtown Estes Loop project pending Board approval. Appropriations would increase by $2,270,000. Director Hudson provided background on the process for budget appropriations and it was moved and seconded (Webermeier/Younglund) to approve Resolution 92-22, and it passed with Trustee Cenac voting “no”. 2.RESOLUTION 93-22 APPROVING THE THIRD MODIFICATION TO THE MEMORANDUM OF AGREEMENT, THE SIXTH MODIFICATION TO THE REIMBURSABLE AGREEMENT, AND A FUNDS TRANSFER AGREEMENT FOR PROJECT FUNDING OF THE DOWNTOWN ESTES LOOP. Completion of the Downtown Estes Loop project requires an additional $1 million in local match funds. At the Town Board Study Session on November 8, 2022, staff were directed to return with the three options for additional consideration at a special meeting to allow for public input. Director Muhonen reviewed the timing of the project, the three options, and the advantages and disadvantages of each. Option 1 would cease all future work and terminate the project. Option 2 involved canceling current project solicitation to readvertise the project in six to twelve months and would be necessary should the Board refer the question to the voters. Option 2 would also allow a Board level decision to move forward. Option 3 would all the project to proceed with the current contract and commit an additional $1 million in local match funding. Staff recommended approval of Resolution 93-22 with Option 3. The Board discussed the early completion incentive for contractors, maintenance responsibilities, the West Elkhorn Avenue maintenance exchange with CDOT, contingency funds for the project, the number of improvements associated with the project and what those improvements might cost if they were not included in the project, the CDOT prioritization of resurfacing Elkhorn Avenue and Moraine Avenue, the focus of the DR A F T Board of Trustees – November 17, 2022 – Page 2 project, whether infrastructure projects are referred to the voters, community representation, and public engagement. Belle Morris/Transportation Advisory Board Chair, Ann Finley/Town citizen, Ernie Stefely/Town citizen, Laurie Thornton/Town citizen, Terry Bogener/Town citizen, Linda Hanick/Town citizen spoke in favor of Resolution 93-22 regarding the benefits to the Town including, the improvements of the project outweighing the inconvenience of construction, and cooperation with partner agencies. John Meissner/Town citizen, Randy Martin/Town citizen, Eric Mankin/Town citizen spoke against Resolution 93-22 regarding the importance of voter involvement, the initial proposal of the project, the designed roundabout on Moraine Avenue, impact on downtown businesses, and requested the project be referred to the voters. Frank Theis/County citizen spoke neutrally about the project. He noted his desire for specific improvements and requested action be taken on the project either way. After further discussion, it was moved and seconded (Webermeier/Hazelton) to approve Resolution 93-22, and it passed with Trustee Cenac voting “no”. Whereupon Mayor Koenig adjourned the meeting at 7:12 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado, December 6, 2022 Minutes of a Special 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 6th day of December, 2022. Present: Wendy Koenig, Mayor Scott Webermeier, Mayor Pro Tem Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: None Mayor Koenig called the meeting to order at 5:00 p.m. AGENDA APPROVAL. It was moved and seconded (Hazelton/Webermeier) to approve the Agenda, and it passed unanimously. ACTION ITEMS: 1.RESOLUTION 98-22 ESTES FORWARD COMPREHENSIVE PLAN AND FUTURE LAND USE MAP. Mayor Koenig opened the public hearing and Director Garner and Consultant Miriam McGilvray of Logan Simpson presented the Estes Forward Comprehensive Plan and future Land Use Map. They provided background on the importance and need of a comprehensive plan and the process of creating the Estes Forward Comprehensive Plan. They highlighted the 1996 Comprehensive Plan, community engagement, the Comprehensive Plan Advisory Committee, review of the drafted plan, the structure and contents, the vision and guiding principles, new additions not included in previous comprehensive plans, implementation, approval by the Estes Park Planning Commission on November 15, 2022, and the approval process by the Town and Larimer County. The Board discussed industry diversification, zoning districts, Logan Simpson’s role following approval of the Comprehensive Plan, next steps for code rewrites, a potential annexation policy, cooperation with Larimer County, and public comment regarding potential reduction of short-term rentals. Frank Theis/County citizen spoke on his involvement in the Comprehensive Plan Advisory Committee and the Estes Valley Planning Advisory Committee, the review of growth and annexation options, and suggested the Town review future Town development opportunities. Rich Chiappe/County citizen and Bill Brown/Town citizen spoke regarding components of the Plan which would have negative impacts on short-term rentals, specifically: the County recommendation H 1.F to “consider reducing the number of short-term rentals to encourage more long-term rental units for housing”, the cap on residential zoned vacation home rentals, revenue created by short-term rentals, the importance of tourism, and a report titled “Tax Impacts of Short-Term Vacation Rentals in the Estes Valley” produced by the Estes Valley Short Term Rental Alliance. The Mayor closed the public hearing and it was moved and seconded (Younglund/MacAlpine) to approve Resolution 98-22, and it passed unanimously. DR A F T Board of Trustees – December 6, 2022 – Page 2 Whereupon Mayor Koenig adjourned the meeting at 5:54 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado, November 3, 2022 Minutes of a meeting of the FAMILY ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in Rooms 202/203 of the Estes Park Town Hall in said Town of Estes Park on the 3rd day of November, 2022. Board: Chair Patti Brown, Vice Chair Nancy Almond, Members Deanna Ferrell, Aleta Kazadi, Rut Miller, Jessica Moffett, Nicole White, and Sue Yowell Also Attending: Town Board Liaison Younglund, Assistant Town Administrator Damweber, Interim Captain Life and Town Clerk Williamson Absent: Rut Miller and Sue Yowell Chair Brown called the meeting to order at 3:30 p.m. PUBLIC COMMENT. None. LIAISON REPORT. Trustee Younglund provided the Family Advisory Board with a brief update from the Town Board meeting on October 25, 2022 stating the Board approved the rezoning of 21.8 acres of Town owned Fish Hatchery property from A-1 – Accommodations to RM – Residential Multi-Family. The rezoning would allow the developer to bring forward a development plan for a proposed workforce housing project. The Town Board heard a proposal by the Fine Arts Guild for a performing arts complex on Town owned property at the corner of Elm and Moraine. MEETING MINUTES DATED SEPTEMBER 1, 2022 AND SPECIAL MEETING MINUTES DATED SEPTEMBER 27, 2022. It was moved and seconded (White/Almond) to approve the meeting minutes dated September 1, 2022 and Special Meeting Minutes dated September 27, 2022, and it passed unanimously. CHAIR REPORT. a. Member Recruitment: The Board discussed the two vacancies and the need to reach out to segments of the community to diversify the membership, including working with the American Legion, School District, EDC, Crossroads, Salud, Estes Park Health, and the Latino community. Chair Brown would work with Terry Rizzuti/American Legion and Vice Chair Almond to work with Brian Schaffer/Crossroads to identify possible members from their organization. Chair Brown to review translation options to assist with the involvement of the Latino community. b. Mental Health Article: The article completed by Member Ferrell was sent out through the Town’s public information office. Discussion ensued on how to circulate the article further, including sending it to those she spoke with for the article and through the School District to parents. Member White would send the article to the School District for dissemination. c. The ARC of Larimer County Event: Chair Brown stated she attended the event; however, it was not well attended. The Board discussed setting up a table at the school to provide another community venue. d. Mental Health Summit: Chair Brown stated Larimer County would hold a Mental Health Summit on November 16, 2022 to discuss eliminating barriers, illuminating partnerships, and preventing and responding to anxiety and depression with school leadership, counselors and social workers, county and municipal leadership, and community providers. Members were encouraged to attend the full day event in Loveland. Family Advisory Board – November 3, 2022 – Page 2 e. Miscellaneous Reports: 1) Interim Captain Polucha investigated a grant to fund a co-responder and was not successful; however, he continues to meet with SummitStone to discuss mental health issues. Assistant Town Administrator stated he has been appointed to the Regional Opioid Abatement Council which plans to direct funds to communities for co-responders. 2) SummitStone has hired a replacement for the co-responder in Estes Park with a start date in December. 3) OmniSalud, a new Salud program, that provides undocumented Coloradans with affordable health insurance plans with income limitations through Colorado Option. Member Ferrell would bringing additional information forward to the December meeting. 4) EVICS to provide Spanish learning for K-5 on Thursdays from 3:45 pm to 4:45 pm. 5) Mountaintop has begun a Spanish immersion program. FAMILY LISTENING SESSIONS. Chair Brown requested Members send out a message through their social media channels to ensure participation by community members at the November 13, 2022 (English) and November 15, 2022 (Spanish) listening sessions at Falcon Ridge Apartments Family Room. The discussions would focus on what are the things that make Estes Park a strong community for families, and what could work better to make Estes Park a stronger community for families. A brochure would be developed by Chair Brown. EP HEALTH PRESENTATION. Chair Brown stated the presentation would be rescheduled for the December meeting. There being no further business Chair Brown adjourned the meeting at 4:50 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, October 19, 2022 Minutes of a Regular meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 19th day of October, 2022. Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members Javier Bernal, Jessica Ferko, Ann Finley, Larry Gamble, Linda Hanick, Mark Igel, and Gordon Slack; Trustee Patrick Martchink; Staff Liaison Greg Muhonen Attending: Members Bernal, Ferko, Gamble, Hanick, Igel, and Slack; Managers Hook and Solesbee; Recording Secretary McDonald; Jeff Bailey, Public Works Engineer; Laura Blevins, Public Works Grants Specialist; and Dana Klein (Manager, The Car Park) Absent: Chair Morris; Vice-Chair Ekeren; Member Finley; Trustee Martchink; Director Muhonen Member Gamble, serving as meeting chair on behalf of Chair Morris, called the meeting to order at 12:02 p.m. Prior to commencing the official agenda, Member Gamble welcomed Laura Blevins as the Public Works Department’s new Grants Specialist and invited her to introduce herself. PUBLIC COMMENT None. TRUSTEE LIAISON UPDATE Due to a professional commitment on the TAB’s October and November meeting dates, Trustee Martchink was not present to provide an update. Trustee Kirby Hazelton plans to provide an update on his behalf in November. APPROVAL OF MINUTES DATED SEPTEMBER 21, 2022 It was moved and seconded (Slack/Igel) to approve the September 21, 2022, minutes and the motion passed unanimously. DOWNTOWN WAYFINDING PLAN Manager Hook presented an overview of the October 2022 draft of the Downtown Wayfinding Signage Program – Design & Implementation Plan (DWP), which reflects public input received on the September draft and includes a six-phase implementation table showing a cost breakdown by phase. Since addressing the needs of the visually impaired and non-English speakers is a priority of the DWP as part of the Town’s Diversity, Equity, and Inclusion (DEI) efforts, Manager Hook advised that the team is Transportation Advisory Board – October 19, 2022 – Page 2 exploring the use of electronic aids and phone apps; the latter would require a dependable Wi-Fi signal to produce pings and push notifications as directional aids. App users would be directed to a kiosk to connect to an informational webpage. Discussion points included where in the plan booklet the DEI efforts would be featured; the desire for more details on the technology for the visually impaired; size considerations for the auto directionals; the need for efficient, uncluttered messaging on auto directionals to ensure that vehicle occupants can begin reading a sign within 50 feet of approaching it, since vehicles are often moving too quickly for certain signs to be read; the advantage of using icons for pedestrian directionals and parking lot entrances; and clarifying that the parking garage signs must show “free” and not “paid,” and that signage should not direct to private business destinations. It was agreed that four lines of text per sign would improve legibility. Manager Hook invited the TAB’s feedback by email on the phase-based implementation table. Public Works staff will present the final DWP on November 8 for Town Board adoption only. The TAB is encouraged to provide a letter of support for the meeting’s packet by October 27, or to attend the meeting to provide live support. CLEAVE STREET IMPROVEMENTS Engineer Bailey reported that the Cleave Street Improvements project is moving rapidly, with the plans now at the 30% stage and the second public meeting to take place October 20. An overview of the concept plans, costs, and parking mitigation options was presented. The project is budgeted in 2023 using $3m of 1A/Street Improvement Project (STIP) funds. Discussion points included the drainage design plan for routine and excess stormwater, and the potential use of a heating system to prevent ice build-up; how the design will impact snow removal efforts; the choice to use concrete paving; compliance with the Estes Valley Fire Protection District’s space accommodation; loading zone access for businesses and for residents moving in or out; whether Cleave Street residents could have access to special parking permits; whether parking could be accommodated until the stormwater/utility work is complete; and how the project will achieve the long-term vision for Cleave Street as laid out in the Downtown Plan. 2023 SEASONAL PAID PARKING PROGRAM Manager Solesbee advised that the timeline for evaluating and reporting on the 2022 Seasonal Paid Parking Program has been adjusted to allow time for more thoughtful analysis and preparation of recommendations for the 2023 season. The adjusted timeline will ensure that 2021 and 2022 data can be studied to determine “stress point” areas downtown; that parking revenue allocation can be defined, with the recommendation of a task force yet to be appointed; that the impact of major engineering projects (Downtown Estes Loop, Cleave Street Improvements, etc.) on downtown parking can be examined; and that, with the paid parking season just ending on October 16, there is reasonable time for conversation, critical thinking, and communication. The goal is to present the program data and begin earnest dialogue at the November 17 TAB meeting, then engage Transportation Advisory Board – October 19, 2022 – Page 3 in a Town Board Study Session in December. TAB members were asked to consider what information is most helpful for their decision-making process, and whether they would be willing to serve on the new task force. MOBILITY SERVICES UPDATES Manager Solesbee reported that September ridership was up 37% from September 2021 and up 32% from the 2021 season. Bustang to Estes service ended on October 2; compared to 2021, its ridership was up 58% in July, 110% in August, and 57% in September. Winter Shuttle Service begins October 21, and staff is working with Visit Estes Park and Simply Christmas to decorate the trolley for the season. TAB members are invited to ride the trolley during the November 25 Catch the Glow Parade. Three grant applications have been submitted: one for the trolley facility and two for the Zero Emission Vehicle transition plan. The 2023 transit service plans will be adjusted now that federal stimulus funds have ended. Staff is compiling—and will present in December or January—a 2022 Year-End Transit Report of ridership, outreach, grants, and special projects. The TAB agreed to consider speaker invitations for future meetings (dates to be determined): North Front Range Metropolitan Planning Organization’s (NFRMPO) Kathleen Bracke (Transportation Commissioner) or Suzette Molette (Executive Director) on the topics of VanGo (a vanpooling option for US 34) and regional transportation cooperation efforts with Larimer County, Colorado Department of Transportation (CDOT), Loveland, and Greeley. DOWNTOWN ESTES LOOP UPDATES Manager Hook reported that the Downtown Estes Loop (DEL) bids opened on October 11; of the two bids received, the lower of $25m was $11.3m over the engineers’ estimate of $15.7M. Central Federal Lands Highway Division (CFLHD) is exploring whether Federal Land Access Program (FLAP) and local agency funds can be used; this is being discussed with CDOT. Other options include canceling the solicitation, delaying the project, and possibly rebidding it when construction costs settle down in 9-12 months. The DEL will be addressed at the November 8 Town Board Study Session. If the TAB would like to contribute to this conversation, it is welcome to hold a special meeting by the end of October to gather input. ENGINEERING & ADMINISTRATION UPDATES Manager Hook reported these updates on behalf of Director Muhonen. The US 36 & Community Drive Roundabout project is pending environmental clearance and concurrence letters from CDOT. The Fall River Trail Extension project bids open October 27; construction will be timed with work at Rocky Mountain National Park’s (RMNP) Fall River Entrance Station, which will be announcing the notice to proceed. For the Graves Avenue Sidewalk Improvements, property owners will be contacted for discussion on acquiring temporary and permanent easements for proposed grading and improvements along both sides of Graves Avenue. Grants in various stages include the Multimodal Mitigation Options Fund (MMOF) grant (pending Intergovernmental Agreement); the Colorado Parks and Wildlife’s Land and Water Conservation Funds Transportation Advisory Board – October 19, 2022 – Page 4 (CPW-LWCF) application (filed and being considered); and a potential CDOT Transportation Alternatives Program (TAP) grant application. The Civil Engineer I/II and Town Engineer positions remain vacant. A candidate for Town Engineer will be interviewed on October 27. An interview with a Civil Engineer candidate will be scheduled in the coming weeks. OTHER BUSINESS None. There being no further business, Member Gamble adjourned the meeting at 1:41 p.m. /s/Lani McDonald, Recording Secretary Town of Estes Park, Larimer County, Colorado, October 20, 2022 Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 20th day of October, 2022. Board: Chair Geoff Elliot; Members Christian Berry, Donovan Colegrove, Elizabeth Kostiuk, Vicki Papineau, and Ron Wilcocks; Trustee Cindy Younglund; Staff Liaison Brian Berg Attending: Chair Elliot; Members Berry, Kostiuk, Papineau, and Wilcocks; Trustee Younglund; Supervisor Berg; Recording Secretary McDonald; and Laura Blevins, Public Works Grants Specialist Absent: Member Colegrove Chair Elliot called the meeting to order at 8:38 a.m. Prior to commencing the official agenda, he welcomed Laura Blevins as the Public Works Department’s new Grants Specialist, and all were invited to briefly introduce themselves. PUBLIC COMMENT None. TRUSTEE LIAISON UPDATES Trustee Younglund encouraged PAB members to attend the October 25 Estes Arts District (EAD) event at Avant Garde, where guests are invited to share their insights about the future of art in Estes Park. The EAD has been asked to create an Arts Master Plan for the community. The new police chief, David Hayes, begins service on November 28. The Town’s budget process continues; public hearings take place at the October 25 and November 8 Town Board meetings. APPROVAL OF MINUTES DATED SEPTEMBER 15, 2022 It was moved and seconded (Berry/Wilcocks) to approve the September 15, 2022, meeting minutes, and the motion passed unanimously. Chair Elliot abstained from voting due to absence from the September 15 meeting. PAB PRIORITIES REVIEW Chair Elliot reviewed progress on the PAB 2022 Priorities Matrix items. With the PAB’s ongoing activities and outreach, Estes Park achieved its 25th anniversary of Tree City USA designation. Community engagement for Arbor Day included the April blue spruce giveaway; Supervisor Berg advised that, for the 2023 tree giveaway, he would order the trees early from Colorado State University. The possibility of an Arts Master Plan was discussed at length by the PAB and has been entrusted to the EAD. Parks Advisory Board – October 20, 2022 – Page 2 Support was provided to the Parks Division for the implementation, opening, and monitoring of the Thumb Open Space; advice was provided for the finalizing and opening of the Big Thompson Recreational Area. The Parks Master Plan funding will be delayed by the Town until 2024, when it is hoped a consultant can be secured for its development. The PAB continues to support the educational efforts of Estes Land Stewardship Association’s (ELSA) invasive plant management, and the work of the Estes Valley Watershed Coalition. Since the PAB has not yet reviewed the Environmental Sustainability Task Force (ESTF) recommendations, Chair Elliot asked Recording Secretary McDonald to send a meeting follow-up email directing members to the ESTF report and to the Estes Valley Open Space Plan. Discussion points included encouraging PAB members to attend the October 25 EAD event; efforts to manage noxious weeds and pests in the parks and on the trails; the study and benefits of pocket parks; and recycling options for yard and landscape debris for the Parks Division and greater community. PARKS UPDATE Supervisor Berg’s budget requests for the Parks Division include a greenhouse, reservoir pots, native and annual planting supplies, Toolcat utility work machine, compost sifter, lawnmower, and paver work. Discussion topics included the potential cost savings of building a new greenhouse; status of the Downtown Estes Loop project after the bids came in over budget; the Space Force Rock signage, which will be placed after landscaping is put down for the winter; and the Big Kahuna Memorial (BKM) project, which remains in the location planning stage. The BKM group will eventually present to the PAB for a vote of support before proposing its final project plans to the Town Board. UPCOMING PAB MEMBER TERMS Chair Elliot advised that he would not be renewing his PAB membership, which ends December 31. Member Kostiuk intends to apply to renew her term, which also ends December 31. OTHER BUSINESS Member Papineau asked that the PAB either begin discussing new projects for 2023 or consider meeting less frequently. Since the current PAB bylaws state that meetings must be held at least monthly, they would need to be officially revised. Project discussion points included working with Estes Park Elementary School to revive the Estes Park Mountain Festival in 2023; developing more pocket parks; landscaping possibilities at the roundabouts; expanding efforts to mitigate noxious trees and plants, and to educate the community; and the need to review the Art in Public Places guidelines and current PAB bylaws at the November meeting. There being no further business, Chair Elliot adjourned the meeting at 9:42 a.m. /s/Lani McDonald, Recording Secretary POLICE DEPARTMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Corey P. Pass - Interim Chief of Police Date: December 13, 2022 RE: Resolution 94-22 IGA with Rocky Mountain National Park and the Estes Park Police Department for Mutual Law Enforcement and Other Emergency Services Assistance (Mark all that apply) ☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☒CONTRACT/AGREEMENT X RESOLUTION ☐ OTHER______________ QUASI-JUDICIAL ☐ YES ☒ NO Objective: The purpose of this Agreement is to establish the terms and conditions under which the agencies will provide mutual law enforcement and other emergency services assistance in and near Rocky Mountain National Park and Estes Park, Colorado. This Agreement shall supplement the law enforcement responsibilities of the NPS and shall not authorize the delegation of law enforcement responsibilities of the NPS to state and local governments. Present Situation: RMNP and EPPD have previously entered into an agreement, in which we had agreed to cooperate with one another in providing mutual law enforcement and other emergency services assistance in and near RMNP. The past agreement and this one moving forward Includes Rocky Mountain National Park law enforcement agencies and EPPD to include the Estes Park Emergency Communications Center. RMNP and EPPD now desire to enter into this agreement and intend for it to supersede in all respects and revoke their previous Intergovernmental Agreements related to mutual aid. Proposal: To enter into this agreement. Advantages: The advantage of this MOU is to ensure that both RMNP and EPPD are providing the best services possible to the citizens and guests of Estes Park and Rocky Mountain National Park. Disadvantages: None Action Recommended: The Board approves and authorizes the mayor to sign the agreement in the title of this resolution in substantially the form now before the Board. Finance/Resource Impact: None Level of Public Interest Low Motion: I move for the approval of this agreement. Attachments: 1. Resolution 94-22. 2. General Agreement between the National Park Service, Rocky Mountain National Park and the Town of Estes Park, Colorado. RESOLUTION 94-22 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH ROCKY MOUNTAIN NATIONAL PARK FOR MUTUAL LAW ENFORCEMENT AND OTHER EMERGENCY SERVICES ASSISTANCE WHEREAS, the Town Board wishes to enter an agreement referenced in the title of this resolution for the purpose of establishing the terms and conditions under which the Estes Park Police Department and Rocky Mountain National Park (RMNP) will provide mutual law enforcement and other emergency services assistance in and near RMNP and Estes Park, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 1 AGREEMENT NO. G152023ROMO1 General Agreement Between the National Park Service, Rocky Mountain National Park And The Town of Estes Park, Colorado This Agreement is entered into by the United States Department of Interior, National Park Service (NPS), acting through the Superintendent of Rocky Mountain National Park (RMNP), and Estes Park, Colorado, a political subdivision of the State of Colorado, acting through the Estes Park Police Department (Town), collectively “the agencies.” ARTICLE I-BACKGROUND AND OBJECTIVES The purpose of this Agreement is to establish the terms and conditions under which the agencies will provide mutual law enforcement and other emergency services assistance in and near Rocky Mountain National Park and Estes Park, Colorado. This Agreement shall supplement the law enforcement responsibilities of the NPS and shall not authorize the delegation of law enforcement responsibilities of the NPS to state and local governments. The National Park Service and the Estes Park Police Department have determined that providing mutual law enforcement and other emergency services assistance will be mutually advantageous and is in the public interest. The agencies agree it is their mutual desire to work in harmony and to cooperate in the use of equipment and trained personnel where threats to human life and property arise within their respective jurisdictions. Staffing levels at Rocky Mountain National Park cannot be significantly augmented by officers from other Federal agencies in a timely manner, and, in order to accomplish the above stated objectives and establish a cooperative law enforcement mutual aid and assistance agreement which will be equally beneficial to both agencies, the NPS and the Town agree as follows: Definitions The term Rocky Mountain National Park encompasses the area authorized by 16 U.S.C. §§ 191-198d. ATTACHMENT 2 2 The term Ranger refers to a person designated by the Secretary of Interior, per 54 U.S.C. § 102701(a), to “... maintain law and order and protect individuals and property within [National Park] System units." Rangers so designated are commonly referred to as "commissioned rangers." The term Estes Park Police Officer, or Officer, refers to persons designated by the Town of Estes Park to perform law enforcement within the territorial jurisdiction of Estes Park, Colorado. The term lead agency refers to the agency with primary responsibility for law enforcement and emergency services in the referenced geographic area. The term cooperating agency refers to the agency without primary responsibility, i.e. the agency providing assistance to the lead agency. The term emergency services personnel refers to any other person authorized by either the lead agency or cooperating agency to provide emergency medical or search and rescue services within the territorial jurisdiction of that agency. ARTICLE II-AUTHORITY Whereas, the following authorities are relevant: 1. The United States Department of Interior, National Park Service manages Rocky Mountain National Park pursuant to 54 U.S.C, Subtitle I, Subdivision A. 2. 54 U.S.C. § 102701 authorizes the Secretary of Interior to designate certain officers or employees of the Department of the Interior who shall maintain law and order and protect individuals and property within System units. 3. 54 U.S.C. § 102701(b)(1) authorizes the Secretary of the Interior to “designate officers and employees of any other Federal agency or law enforcement personnel of a State or political subdivision of a State, when determined to be economical and in the public interest and with the concurrence of that agency, State, or subdivision to act as special police officers in System units when supplemental law enforcement personnel may be needed; and exercise the powers and authority provided by subparagraphs (A) to (D) of subsection (a)(2).” 4. 54 U.S.C. § 102701(b)(2) authorizes the Secretary of the Interior to “cooperate, within the System, with any State or political subdivision of a State in the enforcement of supervision of the laws or ordinances of that State or subdivision.” 3 5. 54 U.S.C. § 102711 authorizes the Secretary of Interior to use applicable appropriations to render "emergency rescue, firefighting and cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside of the [National Park] System." 6. The Federal Law Enforcement Officer's Good Samaritan Act of 1998 (Public Law 105- 277, Title VI, § 627, codified as a Note to 28 U.S.C. § 2671) provides important, but limited, liability protection when NPS officers are involved in certain situations outside RMNP. This act does not convey any law enforcement authority. 7. Constitution of Colorado, Article XIV, Sec. 18, authorizes the State of Colorado and its political subdivisions to cooperate or contract with one another or with the government of the United States to provide for any function, service, or facility that is lawfully authorized to each. 8. Colo. Rev. Stat. § 29-1-203 authorizes governments to cooperate and contract with one another to provide any function, service, or facility that is lawfully authorized to each within their respective jurisdictions. 9. Colo. Rev. Stat. § 16-3-110 recognizes National Park Rangers as State "Peace Officers." ARTICLE III-STATEMENT OF WORK A. Law Enforcement and Emergency Operations within RMNP 1. The agencies mutually understand and agree that the NPS has primary responsibility for maintaining law and order; for emergency services; and for the protection of persons, property and resources upon RMNP lands and that it cannot delegate that responsibility to a State or local agency. 2. In response to a request from the NPS, the Estes Park Police Department agrees to provide available law enforcement personnel and/or equipment, which can be reasonably made available without jeopardizing town operations. 3. The agencies agree to cooperate in the formulation and application of practical plans and programs for the handling of law enforcement and emergency situations. 4. The agencies agree to work jointly on matters pertaining to radio communications and dispatching, training, exchange of law enforcement information, prevention of incidents and violations, natural disasters and public safety concerns. 4 5. The Town agrees to provide applicable reports of case incidents which occur within NPS jurisdiction in a timely manner to the investigating officer. 6. Estes Park Police Officers will be designated as Special Police Officers in accordance with 54 U.S.C. § 102701(b) and, when supplementing the NPS, exercise the same powers and authorities delegated to Park Rangers in 54 U.S.C. § 102701(b)(1)(B). Having determined it economical and in the public interest, the National Park Service hereby deputizes officers of Estes Park Police Department as Special Police Officers pursuant to the following conditions: a. Estes Park agrees with the deputation by signing this Agreement. b. The deputation applies only to Estes Park Police Officers who meet and maintain all applicable State and local peace officer standards and training requirements and their agency firearms qualifications. Officers who meet the criteria established in this Agreement will be considered National Park Service Special Police Officers. No special identification will be provided. c. The deputation is valid for five (5) years and runs concurrently with this General Agreement. An individual’s special police officer deputation may be revoked if not in compliance with this Agreement or at the discretion of the RMNP Superintendent. d. Special Police Officer authority shall be exercised only upon a request for assistance from the National Park Service and shall cease when that request is withdrawn or cancelled. e. Special Police Officer authority shall only be exercised in furtherance of the mission identified by the National Park Service and shall extend only so far as may be necessary to faithfully complete that mission. f. Special Police Officers will remain under the administrative and policy control of their agency. Operationally, they will perform under the assigned direction of National Park Service personnel responsible for managing the incident or event. Special Police Officers will comply with NPS policies and procedures when exercising authority vested by deputation. All actions taken under Special Police Officer authority will be reported to the NPS. g. Special Police Officer deputation does not confer upon the holder status as a Federal employee, except as provided in the General Authorities Act (54 U.S.C. § 102701). 5 h. Annually, a list of officers to be designated as Special Police Officers shall be shared between the NPS and EPPD. This list will include officer name, and status of commission. B. Law Enforcement and Emergency Operations within the Town 1. The agencies mutually understand and agree that the Estes Park Police Department has primary responsibility for maintaining law and order and for the protection of persons, property and resources within Estes Park. 2. The agencies mutually understand and agree that Rangers have the authority to execute warrants and other process documents issued by a court of competent jurisdiction for offenses committed in any National Park area. 3. The agencies agree that Rangers have the authority to conduct investigations in Estes Park for offenses committed in and National Park area. 4. The NPS agrees to provide law enforcement assistance, which is limited to only those actions/efforts that support or assist the Estes Park Police Department. 5. The NPS agrees to provide applicable reports of case incidents which occur within Estes Park jurisdiction to the investigating officer in a timely manner. 6. The parties agree to work jointly on matters pertaining to radio communications and dispatching, training, exchange of law enforcement information, prevention of incidents and violations, natural disasters and public safety concerns. 7. The agencies agree to cooperate in the formulation and application of practical plans and programs for the handling of law enforcement and emergency situations. 8. NPS Rangers with a Type II law enforcement commission working outside NPS jurisdiction, when requested, will not exceed policy restrictions set forth in NPS RM- 9, Chapter 2. C. Requests for Assistance 1. Unless exigent circumstances preclude it, the agencies agree that the lead agency will request assistance from the cooperating agency in one or more of the following manners: a. From Officer to Ranger or Ranger to Officer. b. From Supervisor to Supervisor. 6 c. From Communications Center to Communications Center. d. From Officer, Ranger, or Supervisor to Communications Center. e. From Communications Center to Officer, Ranger, or Supervisor. f. In the case of planned events, a request for assistance shall be made in advance and in writing to the responsible agency's chief law enforcement officer. 2. The agencies agree that Officers and Rangers are responsible for notifying their respective Communication Center and/or supervisor that a request for assistance has been made or received. Communications Centers are responsible for notifying appropriate supervisory personnel within their agency. D. Command and Control of a Mutual Aid Incident 1. The agencies agree that the Incident Commander of the lead agency shall be in command of all Officers, Rangers, and/or emergency services personnel who are rendering emergency or supplemental assistance. 2. The agencies agree, whenever feasible, to use Officers, Rangers, and/or emergency services personnel from the cooperating agency in a support role. When possible, the agencies agree to: a. Assign cooperating Officers, Rangers, and/or emergency services personnel to one or more Officers, Rangers, and/or emergency services personnel of the lead agency. b. Incorporate an Officer, Ranger, and/or emergency services personnel, preferably a supervisor, from the cooperating agency as an agency representative in the incident command structure of the lead agency. 3. The agencies agree to conduct joint reviews of mutual aid incidents, when appropriate. 4. The agencies agree that Officers, Rangers, and all other emergency services personnel shall be subject to the laws, regulations and policies of their respective agency. 5. The agencies agree that Officers, Rangers, and all other emergency services personnel of the cooperating agency who have been properly assigned under this Agreement and are rendering assistance pursuant to this Agreement shall be deemed to be acting within the scope of their employment. 7 6. Command and Control of incidents in Rocky Mountain National Park will utilize the Incident Command System (ICS). E. Compensation, Costs, Claims 1. The agencies agree that Officers, Rangers, and all other emergency services personnel shall not receive any monetary compensation for services rendered except through their respective agency. 2. There is no funding provided under this General Agreement, as each party shall bear its own costs for furnishing services under this agreement. However, Rocky Mountain National Park agrees to reimburse the Estes Park Police Department and annual fee not to exceed $2500 for off-hours dispatching services, as funds are appropriated each fiscal year, by government purchase card/electronic funds transfer and separate order. 3. Nothing in this Agreement shall be construed to bind either agency to expend in any one fiscal year any sum in excess of funds appropriated by its governing body or allocated by the agency for the purpose of this Agreement. Pursuant to the Anti- Deficiency Act, 31 U.S.C. §1341, nothing contained in this Agreement shall be construed as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress, for the purposes of this Agreement for that fiscal year, or create any other obligation for the further expenditure of money in excess of such appropriations. 4. To the extent authorized by applicable Federal law, including the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680, the NPS will be liable for the negligent or wrongful acts or omissions of its officers or employees while acting within the scope of their office or employment. The NPS’s commitment to pay any lawful obligation or liability incurred by the NPS under this Agreement is backed by the full faith and credit of the United States. 5. To the extent authorized by applicable State law, including, but not limited to the Colorado Constitution and the Colorado Government Immunity Act (Colo. Rev. Stat. §§ 24-10-101 et seq.), the Town will be liable for the negligent or wrongful acts or omissions of its officers or employees while acting within the scope of their office or employment. The Town’s commitment to pay any lawful obligation or liability incurred by the Town under this Agreement is backed by the full faith and credit of the State of Colorado. 6. The agencies agree and understand that the Town is relying on and does not waive by any provision of this Agreement, the monetary limitations or terms or any other 8 rights, immunities and protections provided by the Colorado Government Immunity Act (Colo. Rev. Stat. §§ 24-10-101 et seq.) as from time to time amended or otherwise available to the Town or any of its officers, agents or employees. F. Miscellaneous Provisions 1. The parties agree to authorize the use of radio frequencies by the other agency for mutual aid incidents. 2. The Estes Park Police Department agrees to provide off-hours radio dispatch for Rocky Mountain National Park. Off-hours is considered that period of day/night when call volume in the park is relatively low. While his will vary from season to season, RMNP will strive to cover that portion of each 24-hour day in which business can be anticipated to generate several calls per hour or more. If the call volume for the EPPD Communications Center during off-hour periods begins to exceed this threshold, EPPD will notify RMNP and adjustments will be made. Changes to off- hours will be coordinated through Communications Center personnel and monitored by supervisors. EPPD will notify RMNP Rangers regarding off-hour call needs, utilizing the most current RMNP call-out list that is provided by the park. This list will be updated as necessary to reflect current staffing and contact information. If EPPD has difficulty is contacting RMNP Rangers for off-hours response, supervisory personnel will be consulted regarding remedies. 3. The Agencies agree to cooperate and share law enforcement training opportunities. ARTICLE IV-TERM OF AGREEMENT This Agreement shall be effective for a period of five (5) years from the date of final signature, unless it is terminated earlier by one of the agencies pursuant to ARTICLE VIII below. Nothing in this agreement shall preclude either agency from entering into similar agreements with other agencies. ARTICLE V-KEY OFFICIALS All notices regarding this agreement shall be directed to the following key official(s) for each agency: For National Park Service: 9 Superintendent: Darla Sidles Darla_sidles@nps.gov (970) 586-1201 Chief Park Ranger: Jay Shields Jay_shields@nps.gov (970) 586-1218 For Town of Estes Park: Mayor: Wendy Koeing wkoenig@estes.org (970) 577-3706 Town Administrator: Travis Machalek tmachalek@estes.org (970) 577-3705 Chief of Police: Corey Pass cpass@estes.org (970) 498-5104 ARTICLE VI-PROPERTY UTILIZATION Unless otherwise agreed to in writing by the agencies, any property furnished by one agency to the other shall remain the property of the furnishing agency. Any property furnished by the NPS to Estes Park shall be used and disposed of as set forth in the NPS Property Management Regulations. ARTICLE VII-REPORTS AND/OR OTHER DELIVERABLES Upon request and to the full extent permitted by applicable law, the agencies shall share with each other, final reports of incidents involving both agencies. ARTICLE VIII-MODIFICATION AND TERMINATION A. Only a written instrument executed by both agencies may modify this agreement. B. Either agency may terminate this agreement by providing the other agency with 60 days advance written notice. In the event that one agency provides the other agency with 10 notice of its intention to terminate, the parties will meet promptly to discuss the reasons for the notice and to try and resolve their differences. ARTICLE IX-STANDARD CLAUSES A.Civil Rights During the performance of this agreement, the agencies agree to abide by the terms of the Department of the Interior - Civil Rights Assurance Certification, non-discrimination, and will not discriminate against any person because of race, color, religion, sex, or national origin. The agencies will take affirmative action to ensure applicants are employed without regard to their race, sexual orientation, national origin, disabilities, religion, age, or sex. B.Officials Not to Benefit No member or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. C.Promotions Neither agency shall publicize, or otherwise circulate, promotional material, which states or implies governmental, departmental, bureau or government employee endorsement of a product, service, or position. D.Public Information Release The parties will coordinate all public information releases about law enforcement incidents, investigations, actions, or other matters involving both parties. No public information release by one party may refer to the other party or to any employee of the other party, by name or otherwise, without the other party's prior approval ARTICLE X—SIGNATURES In witness hereof, the following authorized representatives of the agencies have signed their names on the dates indicated below, thereby executing this Agreement. ___________________________________ _______________ Chief Ranger Date Rocky Mountain National Park 11 ___________________________________ _______________ Superintendent Date Rocky Mountain National Park ___________________________________ _______________ Chief of Police Date Estes Park, CO ___________________________________ _______________ Town Administrator Date Estes Park, CO ___________________________________ _______________ Mayor Date Estes Park, CO ______________________________ _______________ Regional Director Date National Park Service – Interior Regions 6,7,8 TOWN OF ESTES PARK ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney MUSEUM Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Derek Fortini, Museum Director Date: December 13, 2022 RE: Resolution 99-22 Approval of Grant Agreement Award for Birch Ruins Preservation Phase II (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Obtain Town Board approval to accept a 2022 grant from the State Historical Fund. The grant would pay for construction necessary to complete the extended viewing platform located at the Birch Ruins. Present Situation: Since the Museum assumed responsibility of the Birch Ruins and Birch Cabin in 2001, periodic efforts have been made to enhance the site as resources to do so become available. With the 2017 Centennial Legacy project focused on improvements to the Knoll-Willows property, the Museum took steps to make much needed improvements to the experience, preservation, and understanding of the historic structures located there. In October of 2016, the Museum received a grant through the State Historical Fund to produce construction documents that would improve the Birch Ruins and Birch Cabin. The second part of that grant to complete the work was awarded to the Town/Museum in July 2018 with work taking place in 2019-2020 to improve the Birch Ruins including stabilizing the structural rock walls with masonry work, extending the current viewing platform, and installing historic information signage related to the Ruins and Cabin. Unfortunately, due to increased costs of steel, the scope of the extended viewing platform was reduced. Accepting this grant would provide the funds necessary to complete the viewing platform consistent with the original 2016 design. The Town approved the covenant agreement in September 2022 as the first step towards accepting the final Grant Agreement that will govern the project. The final Grant Agreement will allow State funds to be accepted to complete the platform and conclude the interpretation and preservation project. The completion of the platform extension will further protect the Ruins structure while allowing safe access to more of the site/structure. Proposal: The State Historical Fund requires a 25% match from grant applicants. The match for this project was budgeted as part of the Centennial budget item. The project will be managed by Museum Director Fortini. Accepting this grant will complete the improvements for the site. As an unstaffed historic site, it is important to provide a safe experience for visitors, inform them of the significance of the site, as well as protect and preserve the structures. The award is good for up to three years, but staff plans to begin work as soon as possible. The remaining work entails review of the grant with History Colorado staff and all contractors/Town staff, review of project and standards for rehabilitation with the engineer and metal fabricator, followed by completion of walkway construction and a public presentation/tour at the site. Advantages: •The extended walkway at the Ruins will enhance the ability of visitors to explore the entire structure in a safe manner and, as designed, the platform also better protects the Ruins. •The completion of this step will conclude the 2016 Interpretation and Preservation of the Birch Ruins and Cabin project. Disadvantages: •None. Action Recommended: Town Board acceptance and approval of the 2022 State Historical Fund grant for the improvement of the Birch Cabin and Ruins. Finance/Resource Impact: The entire project is expected to cost $25,991. The grant request is for $19,491 (74.99%) with a Town match of $6,500 (25.01%). The grant match is budgeted within the Centennial Project revenue line 101-1300-343.40-00 and would be expensed through 101-1300-413.29-33 (Project WILL22). Level of Public Interest Medium. If the grant is accepted there will be a press release issued and progress of the work will be highlighted on the Museum’s Facebook page and members-only newsletter. Once the entire project is completed, the Museum plans to resume public tours of the site/property in 2023. Sample Motion: I move to approve/deny Resolution 99-22. Attachments: 1. Resolution 99-22 2.State Historical Fund Grant Agreement RESOLUTION 99-22 APPROVING A GRANT AGREEMENT WITH HISTORY COLORADO TO EXTEND THE BIRCH RUINS ELEVATED WALKWAY WHEREAS, the Town Board desires to complete the extended viewing platform located at the Birch Ruins at Centennial Open Space at Knoll Willows; and WHEREAS, the State of Colorado, through the State Historic Fund, desires to partially fund the completion of the viewing platform through its competitive grant fund program; and WHEREAS, the completion of the viewing platform would conclude the most recent phase of preservation and interpretation of the Birch Ruins and Cabin located at Centennial Open Space at Knoll Willows. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 1 of 18 Version 07.2022 STATE OF COLORADO GRANT AGREEMENT COVER PAGE State Agency Department of Higher Education, History Colorado, the Colorado Historical Society SHF Grant Number 2022-M2-018 Grantee Town of Estes Park Agreement Start Date Agreement Maximum Amount $19,491.00 Maximum Grant Funds Percentage 74.99% Initial Agreement End Date Cash Match Amount $6,500.00 Cash Match Percentage 25.01% Encumbrance: POGG1 2022*3461 Agreement Authority Authority exists under the State Constitution article XVIII, §9(5)(b)(III) and CRS §44-30-1201 for the annual distribution of monies from the State Historical Fund (SHF). Agreement Purpose The purpose of this project is to complete the elevated walkway at the Birch Ruins in Estes Park, Colorado. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1.Exhibit A, Scope of Work 2.Exhibit B, Budget 3.Exhibit C, Submittals & Deliverables 4.Exhibit D, SHF Provisions 5.Exhibit E, Property Protection 6.Exhibit F, Sample Option Letter 7.Attachment 1, SHF Payment Request & Financial Report form In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1.Colorado Special Provisions in §19 of the main body of this Agreement. 2.The provisions of the other sections of the main body of this Agreement. 3.Exhibit A, Scope of Work 4.Exhibit B, Budget 5.Exhibit C, Submittals & Deliverables 6.Exhibit D, SHF Provisions 7.Exhibit E, Property Protection 8.Exhibit F, Option Letter Principal Representatives For the State: For Grantee: Dawn DiPrince Mr. Derek Fortini Executive Director Estes Park Museum Director History Colorado 1200 Broadway 200 4th Street Estes Park, Colorado 80517 dfortini@estes.org Denver, Colorado 80203 Dawn.DiPrince@state.co.us DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 ATTACHMENT 2 Page 2 of 18 Version 07.2022 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. GRANTEE Town of Estes Park ______________________________________________ By: Mayor, Mayor Pro Tem, or Designated Delegate Date: _________________________ ______________________________________________ Title of Authorized Officer STATE OF COLORADO Jared S. Polis, Governor History Colorado Dawn DiPrince, Executive Director or Designee ______________________________________________ By: Dawn DiPrince or Designee Date: _________________________ GRANTEE Town of Estes Park ______________________________________________ By: Town Clerk Date: _________________________ GRANTEE Town of Estes Park _________________________________________________ By: Town Attorney Date: _________________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Breanne Nugent, Contracts Officer Effective Date: _____________________ DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 3 of 18 Version 07.2022 1. PARTIES This Agreement is entered into by and between Grantee named on the Cover Page for this Agreement (the “Grantee”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for this Agreement (the “State”). Grantee and the State agree to the terms and conditions in this Agreement. 2. TERM AND EFFECTIVE DATE A. Effective Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Agreement End Date shown on the Signature and Cover Page for this Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Grantee for any Work performed or expense incurred before the Effective Date, except as described in §6.D, or after the Agreement End Date. B. Initial Term The Parties’ respective performances under this Agreement shall commence on the Agreement Start Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement End Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Agreement. C. Extension Terms - State’s Option The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for a maximum of three successive periods, of one year or less at the same rates and under the same terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Grantee in a form substantially equivalent to Sample Option Letter attached to this Agreement. D. End of Term Extension If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at its discretion, upon written notice to Grantee as provided in §15, may unilaterally extend such Initial Term or Extension Term for a period not to exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement Agreement or modification extending the total term of this Agreement. E. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Agreement by the State for breach by Grantee, which shall be governed by 13.A.i. i. Method and Content The State shall notify Grantee of such termination in accordance with §15. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement, and shall include, to the extent practicable, the public interest justification for the termination. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Grantee shall be subject to the rights and obligations set forth in § 13.A.i.a. iii. Payments If the State terminates this Agreement in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 4 of 18 Version 07.2022 by the State, the State may reimburse Grantee for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Grantee which are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. C. “Budget” means the budget for the Work described in Exhibit A and C. D. “Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1), C.R.S. E. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S. F. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature for this Agreement. G. “End of Term Extension” means the time period defined in §2.D. H. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page for this Agreement. I. “Extension Term” means the time period defined in §2.C. J. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. K. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. L. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et seq. C.R.S. Incidents include, without limitation, (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent. M. “Initial Term” means the time period defined in § 2.B. N. “Matching Funds” means the funds provided Grantee as a match required to receive the Grant Funds. O. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. P. “Services” means the services to be performed by Grantee as set forth in this Agreement, and shall include any services to be rendered by Grantee in connection with the Goods. Q. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 5 of 18 Version 07.2022 CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. R. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30- 202(13)(a), C.R.S. S. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. T. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. U. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees of grant funds. V. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. W. “Work” means the Goods delivered and Services performed pursuant to this Agreement. X. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Grantee shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Agreement. 5. PROPERTY The real property in Larimer County, Colorado, which has been listed in the State Register of Historic Properties, as the Birch Cabin-Willows Property-Birch Ruins located at MacGregor Avenue & Wonderview Avenue, Estes Park, Colorado, more particularly described as LOT 2, BIRCH RESUB, EP 6. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Agreement that exceeds the Agreement Maximum shown on the Cover Page of this Agreement. B. Payment Procedures i. Invoices and Payment a. The State shall pay Grantee in the amounts and in accordance with the schedule and other conditions set forth in Exhibit C. b. Grantee shall initiate payment requests by submitting Attachment 1 to the State, in a form and manner approved by the State. c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Grantee and previously DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 6 of 18 Version 07.2022 accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Grantee shall make all changes necessary to correct that invoice. d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under this Agreement. ii. Interest Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30- 202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Grantee shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. iii. Payment Disputes If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the State in writing of its dispute within 30 days following the earlier to occur of Grantee’s receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Grantee and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant Funds, the State’s obligation to pay Grantee shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §2.E. C. Matching Funds Grantee shall provide Matching Funds as provided in Cover Page and Exhibit B. Grantee shall have raised the full amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. Grantee’s obligation to pay all or any part of any matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee represents to the State that the amount designated “Cash Match” in Exhibit B has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. If grantee is a public entity, grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. D. Reimbursement of Grantee Costs Only with prior written approval, the State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in Exhibit B and §6.A for all allowable costs described in this Grant and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to the State of the DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 7 of 18 Version 07.2022 change, the change does not modify the total maximum amount of this Agreement or the maximum amount for any state fiscal year, and the change does not modify any requirements of the Work. However, any costs incurred by Grantee prior to the Effective Date shall not be reimbursed. Grantee’s costs for Work performed after the Agreement End Date shown on the Signature and Cover Page for this Agreement, or after any phase performance period end date for a respective phase of the Work, shall not be reimbursable. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if those costs are: i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and ii. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). E. Close-Out Grantee shall close out this Award within 30 days after the Agreement End Date shown on the Signature and Cover Page for this Agreement. To complete close-out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Agreement and Grantee’s final reimbursement request or invoice. The State will withhold 10% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. 7. REPORTING - NOTIFICATION A. Quarterly Reports In addition to any reports required pursuant to §17 or pursuant to any other Exhibit, for any Agreement having a term longer than three months, Grantee shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than five Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B. Litigation Reporting If Grantee is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Grantee’s ability to perform its obligations under this Agreement, Grantee shall, within ten days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal Representative identified on the Cover Page for this Agreement. C. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than 30 calendar days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised by the State, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s obligations hereunder. D. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The State may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 8. GRANTEE RECORDS A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records for a period (the “Record Retention Period”) of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State. A cognizant agency for audit, DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 8 of 18 Version 07.2022 oversight or indirect costs, and the State, may notify Grantee in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Inspection Grantee shall permit the State, the federal government, and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Grantee Records during the Record Retention Period. Grantee shall make Grantee Records available during normal business hours at Grantee’s office or place of business, or at other mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State will monitor Grantee’s performance of its obligations under this Agreement using procedures as determined by the State. The federal government and any other duly authorized agent of a governmental agency, in its discretion, may monitor Grantee’s performance of its obligations under this Agreement using procedures as determined by that governmental entity. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. D. Final Audit Report Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s records that relates to or affects this Agreement or the Work, whether the audit is conducted by Grantee or a third party. 9. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Grantee shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State Records to the State’s Principal Representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 9 of 18 Version 07.2022 D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Grantee can establish that none of Grantee or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion and Grantee shall make all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee shall reimburse the State for the reasonable costs thereof. 10. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Agreement. Such a conflict of interest wo uld arise when a Grantee or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. B. Apparent Conflicts of Interest Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Agreement. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. D. Contractor acknowledges that all State employees are subject to the ethical principles described in §24-18- 105, C.R.S. Contractor further acknowledges that State employees may be subject to the requirements of §24- 18-105, C.R.S. with regard to this Contract. 11. INSURANCE Grantee shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Agreement. All insurance policies required by this Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by the State. A. Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Grantee or Subcontractor employees acting within the course and scope of their employment. B. General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any one fire. DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 10 of 18 Version 07.2022 C. Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. D. Professional Liability Insurance Professional liability insurance covering any damages caused by an error, omission or any negligent act with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $1,000,000 general aggregate. E. Crime Insurance Crime insurance including employee dishonesty coverage with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $1,000,000 general aggregate. F. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Grantee and Subcontractors. G. Primacy of Coverage Coverage required of Grantee and each Subcontractor shall be primary and noncontributory over any insurance or self-insurance program carried by Grantee or the State. H. Cancellation All commercial insurance policies shall include provisions preventing cancellation or non-renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Grantee and Grantee shall forward such notice to the State in accordance with §14 within seven days of Grantee’s receipt of such notice. I. Subrogation Waiver All commercial insurance policies secured or maintained by Grantee or its Subcontractors in relation to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. J. Public Entities If Grantee is a “public entity” within the meaning of the Colorado Governmental Immunity Act, §§24-10-101, et seq., C.R.S. (the “GIA”), Grantee shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Grantee shall ensure that the Subcontractor maintain at all times during the terms of this Grantee, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. K. Certificates For each commercial insurance plan provided by Grantee under this Agreement, Grantee shall provide to the State certificates evidencing Grantee’s insurance coverage required in this Agreement within seven Business Days following the Effective Date. Grantee shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Agreement within seven Business Days following the Effective Date, except that, if Grantee’s subcontract is not in effect as of the Effective Date, Grantee shall provide to the State certificates showing Subcontractor insurance coverage required under this Agreement within seven Business Days following Grantee’s execution of the subcontract. No later than 15 days before the expiration date of Grantee’s or any Subcontractor’s coverage, Grantee shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Agreement, upon request by the DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 11 of 18 Version 07.2022 State, Grantee shall, within seven Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section. 12. BREACH OF AGREEMENT In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §13 for that Party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State; or if Grantee is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes effect. 13. REMEDIES A. State’s Remedies If Grantee is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §12, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach In the event of Grantee’s uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if any. a. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Agreement’s terms. At the request of the State, Grantee shall assign to the State all of Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee but in which the State has an interest. At the State’s request, Grantee shall return materials owned by the State in Grantee’s possession at the time of any termination. Grantee shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Grantee was not in breach or that Grantee’s action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.E. c. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee shall remain liable to the State for any damages sustained by the State in connection with any breach by Grantee, and the State may withhold payment to Grantee for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due Grantee as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 12 of 18 Version 07.2022 Suspend Grantee’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Grantee to an adjustment in price or cost or an adjustment in the performance schedule. Grantee shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Grantee after the suspension of performance. b. Withhold Payment Withhold payment to Grantee until Grantee corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of Grantee’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State’s best interest. e. Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Grantee shall, as approved by the State (i) secure that right to use such Work for the State and Grantee; (ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for such Work to the State. B. Grantee’s Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following the notice and cure period in §12 and the dispute resolution process in §14 shall have all remedies available at law and equity. 14. DISPUTE RESOLUTION A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Grantee for resolution. B. Resolution of Controversies If the initial resolution described in §14.A fails to resolve the dispute within ten Business Days, Grantee shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S. for resolution following the same resolution of controversies process as described in §§24-106-109, and 24-109-101.1 through 24-109- 505, C.R.S. (the “Resolution Statutes”), except that if Grantee wishes to challenge any decision rendered by the Procurement Official, Grantee’s challenge shall be an appeal to the executive director of the Department of Personnel and Administration, or their delegate, in the same manner as described in the Resolution Statutes before Grantee pursues any further action. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement. 15. NOTICES AND REPRESENTATIVES Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the principal representative of the designating Party. All notices required or permitted to be given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth below or (C) as an email with read receipt requested to the DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 13 of 18 Version 07.2022 principal representative at the email address, if any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party may change its principal representative or principal representative contact information, or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written notice. 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product i. Copyrights To the extent that the Work Product (or any portion of the Work Product) would not be considered works made for hire under applicable law, Grantee hereby assigns to the State, the entire right, title, and interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights or similar rights with respect to the Work Product throughout the world. To the extent that Grantee cannot make any of the assignments required by this section, Grantee hereby grants to the State a perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based upon, derived from, or incorporating the Work Product by all means and methods and in any format now known or invented in the future. The State may assign and license its rights under this license. ii. Assignments and Assistance Whether or not Grantee is under contract with the State at the time, Grantee shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. The Parties intend the Work Product to be works made for hire. Grantee assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on, derived from, or incorporating the Work Product. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State software, research, reports, studies, photographs, negatives or other documents, drawings, models, materials, data and information shall be the exclusive property of the State (collectively, “State Materials”). Grantee shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Grantee’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Grantee shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Grantee Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Grantee including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Grantee under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Grantee Property”). Grantee Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 17. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Agreement is $100,000 or greater, either on the Effective Date or at any time thereafter, this section shall apply. Grantee agrees to be governed by and comply with the DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 14 of 18 Version 07.2022 provisions of §§24-106-103, 24-102-206, 24-106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of Agreement performance information in the State’s Agreement management system (“Contract Management System” or “CMS”). Grantee’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS, and State Fiscal Rules and State Controller policies. 18. GENERAL PROVISIONS A. Assignment Grantee’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Agreement. B. Subcontracts Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Grantee shall submit to the State a copy of each such subgrant or subcontract upon request by the State. All subgrants and subcontracts entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. C. Binding Effect Except as otherwise provided in §18.A, all provisions of this Agreement, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations have been duly authorized. E. Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F. Counterparts This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. H. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. I. Modification Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments, shall conform to the policies issued by the Colorado State Controller. J. Statutes, Regulations, Fiscal Rules, and Other Authority DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 15 of 18 Version 07.2022 Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Agreement. K. External Terms and Conditions Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Grantee’s or a Subcontractor’s website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in this Agreement. L. Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of this Agreement. M. Survival of Certain Agreement Terms Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other Party. N. Taxes The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the state imposes such taxes on Grantee. Grantee shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to have in place in connection with this Agreement. O. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in § 18.A, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not create any rights for such third parties. P. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. Q. CORA Disclosure To the extent not prohibited by federal law, this Agreement and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. R. Standard and Manner of Performance Grantee shall perform its obligations under this Agreement in accordance with the highest standards of care, skill and diligence in Grantee’s industry, trade, or profession. S. Licenses, Permits, and Other Authorizations Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of this Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or Subcontractor, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Agreement. T. Indemnification DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 16 of 18 Version 07.2022 i. General Indemnification Grantee shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to any act or omission by Grantee, or its employees, agents, Subcontractors, or assignees in connection with this Agreement. ii. Confidential Information Indemnification Disclosure or use of State Confidential Information by Grantee in violation of §9 may be cause for legal action by third parties against Grantee, the State, or their respective agents. Grantee shall indemnify, save, and hold harmless the Indemnified Parties, against any and all claims, damages, liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred by the State in relation to any act or omission by Grantee, or its employees, agents, assigns, or Subcontractors in violation of §9. iii. Intellectual Property Indemnification Grantee shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim that any Work infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. U. Accessibility i. Grantee shall comply with and the Work Product provided under this Agreement shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by the Governor’s Office of Information Technology (OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Grantee shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. ii. Grantee shall indemnify, save, and hold harmless the Indemnified Parties against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to Grantee’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. iii. The State may require Grantee’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the State to attest to Grantee’s Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all agreements except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 17 of 18 Version 07.2022 Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled to unemployment insurance or workers’ compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Grantee shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109 C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Grantee in error for any reason, including, DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Page 18 of 18 Version 07.2022 but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee by deduction from subsequent payments under this Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Town of Estes Park Exhibit A Birch Walkway Rehabilitation Project #2022-M2-018 Page 1 of 1 Exhibit A SCOPE OF WORK I. Purpose: The purpose of this project is to complete the elevated walkway at the Birch Ruins in Estes Park, Colorado. II. Scope of Work is as follows: A. Elevated Walkway Extension 1. Use existing construction documents to fabricate and install remaining walkway 2. File building permit and open flame permit 3. Close part of the parking lot and rope off the area for fabricators 4. Clean up work area to return to normal operations upon completion O:\Contracting\Contracts\2022\M2\22 M2 018 (Estes Park Birch Ruins)\22 M2 018 Exhibit A.docx DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Town of Estes Park Exhibit B Birch Walkway Rehabilitation Project #2022-M2-018 Page 1 of 1 Exhibit B BUDGET TASK AMOUNT A. Walkway Extension $20,281 B. Project Manager $3,000 C. Permits $350 PROJECT SUBTOTAL $23,631 Contingency† $2,360 PROJECT TOTAL $25,991 Grant Award (74.99%) $19,491 Cash Match (25.01%) $6,500 Grant payments are based off the Project Subtotal. Total payments will equal Grant Award percentage of Project Subtotal up to a maximum of the Grant Award Amount should contingency be requested and approved. † Contingency - Must receive written approval from SHF Staff prior to use. O:\Contracting\Contracts\2022\M2\22 M2 018 (Estes Park Birch Ruins)\22 M2 018 Exhibit B.docx DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Town of Estes Park Exhibit C Birch Walkway Rehabilitation Project #2022-M2-018 Page 1 of 2 Exhibit C LIST OF SUBMITTALS Project Reports Due Date Society Response a. Payment Request Form (Attachment 1). Deliverables #1-3 below must be approved before Advance Payment is made. N/A Advance Payment of Grant Award $7,088. b. Progress Report # 1 February 1, 2023 Review * c. Progress Report # 2 May 1, 2023 Review * d. Progress Report # 3 e. Progress Report # 4 August 1, 2023 November 1, 2023 Review * Review * f. Interim Financial Report (Attachment 1). Deliverables #4-5 below must be approved before Interim Payment is made. November 15, 2023 ** Review & Approve. Interim Payment of Grant Award $8,861. † g. Progress Report # 5 February 1, 2024 Review * h. Progress Report # 6 May 1, 2024 Review * i. Progress Report # 7 August 1, 2024 Review * j. Final Financial Report (Attachment 1). All deliverables must be approved before payment is made. September 15, 2024 *** Review & Approve. Final Payment of Grant Award $1,772. † * At the discretion of the SHF technical staff, progress reports may not receive a response. ** Interim Financial Report due date is a guideline. Please submit Interim Financial Report when 40% or more of Advance is expended and you are ready for the next payment. *** Final Payment is a reimbursement ONLY after all contractors are paid in full. † Payment may increase due to approval of contingency funds. All deliverables and submittals must be received at least 30 days prior to the Grant End Date. DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Town of Estes Park Exhibit C Birch Walkway Rehabilitation Project #2022-M2-018 Page 2 of 2 Exhibit C PROJECT DELIVERABLES Deliverables #1-5 must be received and approved prior to physical work beginning. All deliverables must be submitted digitally to your assigned Resource Specialist. Project Deliverables SHF Response 1. Initial Consultation with SHF Resource Specialist Review Comment and/or Approve 2. Contract Certification for: Project Manager Review Comment and/or Approve 3. Repackaged construction documents, if necessary Review Comment and/or Approve 4. Contract Certification for: Contractor Review Comment and/or Approve 5. Preconstruction meeting with SHF Resource Specialist Review Comment and/or Approve 6. Interim meeting with SHF Resource Specialist Review Comment and/or Approve 7. Copies of Change Orders Review Comment and/or Approve 8. After photos of Scope of Work Review Comment and/or Approve O:\Contracting\Contracts\2022\M2\22 M2 018 (Estes Park Birch Ruins)\22 M2 018 Exhibit C.docx DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Town of Estes Park Exhibit D Birch Walkway Rehabilitation Project #2022-M2-018 Page 1 of 1 Exhibit D STATE HISTORICAL FUND PROVISIONS 1. STANDARDS OF WORK The Property Owner and Grant Recipient agree that they will perform the activities listed in Exhibit A and produce the deliverables listed in Exhibit C in accordance with the pertinent sections of the applicable Secretary of the Interior's Standards for Archaeology and Historic Preservation. The Property Owner and Grant Recipient shall perform any and all survey activities and submittals in accordance with the Survey Manual and How to Complete Colorado Cultural Resource Inventory Forms, Volumes I and II, June 1998 (Revised December 2001) for any and all survey activities and projects (copies of which are available through History Colorado). 2. DISSEMINATION OF ARCHAEOLOGICAL SITE LOCATIONS The Grant Recipient and Property Owner agree to provide History Colorado with copies of any archaeological surveys developed during the course of, or under a project financed either wholly or in part by History Colorado. The Grant Recipient and Property Owner agree to otherwise restrict access to such archaeological surveys, as well as access to any other information concerning the nature and location of archaeological resources, in strict accordance with the provisions of History Colorado-Office of Archaeology and Historic Preservation, Policy on Dissemination of Information, adopted October 1991, a copy of which is available from History Colorado. 3. PUBLIC ACKNOWLEDGEMENT OF FUNDING SOURCE In all publications and similar materials funded under this Agreement, a credit line shall be included that reads: "This project is/was paid for in part by a History Colorado – State Historical Fund grant." In addition, History Colorado reserves the right to require that the following sentence be included in any publication or similar material funded through this program: "The contents and opinions contained herein do not necessarily reflect the views or policies of History Colorado". 4. MATCHING FUNDS In the event that said matching funds, as provided in Cover Page & Exhibit B, become unavailable, the State may, in its sole discretion, reduce its total funding commitment to the Project in proportion to the reduction in matching funds. If the total funding set forth in the Project Budget is not expended on completion of the Project, the State may reduce its pro-rata share of the unexpended budget. 5. QUALIFYING EXPENDITURES Expenditures incurred by the Grantee or Property Owner prior to execution of this Agreement are not eligible expenditures for State reimbursement. If the Project involves matching funds the State may allow prior expenditures in furtherance of the Scope of Work to be counted as part of such matching funds. 6. BUDGET REVISIONS In the event budget line items need to be increased/decreased over 25% for any budget line item, Grantee shall provide a written request, in advance, with a detailed explanation and information for the revision(s) in a form and manner approved by the State. 7. INTEREST EARNED Interest earned on funds advanced by the State shall be applied to eligible project expenditures, and will be deducted from the final payment. 8. RECAPTURE The following recapture provision shall apply only to a private/for-profit Property Owner: In the event that the property, as a whole, is sold within a five-year period after completion of the grant, the following recapture provision shall apply: If the property is sold within the first year after completion, one-hundred percent (100%) of the funds awarded shall be returned to the State, with a twenty percent (20%) reduction per year thereafter. 9. ACQUISITIONS For acquisition projects, upon receipt by the State of documentation for the execution of a recorded deed of real property between Property Owner and Grantee, the State, Grantee, and Property Owner agree the Property Owner will cease to be a party to the Agreement. v. 10.29.2021 DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Town of Estes Park Exhibit E Birch Walkway Rehabilitation Project #2022-M2-018 Page 1 of 4 COVENANT PROPERTY PROTECTION I. Parties: This Agreement is by and between the State of Colorado for the use and benefit of the Department of Higher Education, History Colorado, the Colorado Historical Society, 1200 Broadway, Denver, Colorado 80203 and Town of Estes Park, Property Owner, 170 MacGregor Avenue, Estes Park, Colorado 80517. II. Property: the Birch Cabin-Willows Property-Birch Ruins located at MacGregor Avenue & Wonderview Avenue, Estes Park, Colorado, in Larimer County, which has been listed in the State Register of Historic Properties, and is more particularly described as follows: LOT 2, BIRCH RESUB, EP (Building footprints only) III. Preservation of Property: A. EASEMENT: If required, in the sole discretion of the State, the provisions in the following paragraph are hereby incorporated into this agreement: Easement Required: Yes No i. Property Owner shall place or cause to be placed on the property title a perpetual easement, which easement shall be transferred to an organization qualified to hold easements of this kind under Section 170(h)(3) of the Internal Revenue Code and Internal Revenue Service Regulations, Section 1.170A-14(c). ii. The easement shall, at a minimum, prohibit any alteration of the premises, which would affect the exterior appearance of the property unless first authorized by the easement holding organization with appropriate exceptions to permit routine maintenance. Other necessary language shall protect the interests of the easement holding organization in the event of damage to the property, and shall further require that the easement be transferred to a similar organization in the event that the selected organization becomes unable for any reason to perform its obligations pursuant to the easement agreement. iii. Property Owner agrees that the easement form and any associated costs shall be subject to the approval of the State. State shall pay the costs for the easement in the amount(s) set forth in Exhibit B. B. COVENANT: The Property Owner hereby agrees to the following for a period of 10 years commencing on the date it is filed with the County Recorder; provided that it shall not take effect or be filed until a Grant Agreement is executed by the Grantee (the Property Owner) and the State for the project and the final payment is issued to the Grantee as outlined in §6 of the Grant Agreement. DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Town of Estes Park Exhibit E Birch Walkway Rehabilitation Project #2022-M2-018 Page 2 of 4 i. Without the express written permission of History Colorado, no construction, alteration, movement, relocation or remodeling or any other activity shall be undertaken or permitted to be undertaken on the Property which would alter the architectural appearance of the Property, adversely affect the structural soundness of the Property, encroach on the open and area of the Property, or adversely affect such prominent landscape features as trees, hedges, fences, walls or paths. Such work, when permitted shall be performed according to the Secretary of the Interior’s Standards for the Treatment of Historic Properties and the Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, issued and as may from time to time be amended by the U.S. Secretary of the Interior, hereinafter collectively referred to as the “Standards”. In all events, the Property Owner further agrees at all times to maintain the Property in a good and sound state of repair and to maintain the Property according to the Standards so as to prevent deterioration of the Property. ii. In the event of severe damage or total destruction to the Property (defined, for the purpose of this provision, as sudden damage or loss caused by fire, earthquake, inclement weather, acts of the public enemy, riot or other similar casualty) not due to the fault of the Property Owner this provision shall terminate as of the date of such damage or destruction. iii. All financial obligations of the Property Owner under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in this Agreement shall be deemed a debt or multiple fiscal year financial obligation of the Town or a pledge of the Town's credit, or a collection or payment guarantee by the Town. iv. History Colorado, or a duly appointed representative of History Colorado, shall be permitted to inspect the Property at all reasonable times in order to ascertain if the above conditions are being observed. v. When Section B is for COVENANT, within sixty (60) days of the completion of this Award, Property Owner covenants and agrees that History Colorado will record this Exhibit with the county clerk and recorder for the county in which the property is located. Property Owner further covenants and agrees that this Exhibit will constitute a binding covenant that will run with the land. vi. When section B is for LETTER OF AGREEMENT, History Colorado will maintain record of this Exhibit until the expiration of the letter of agreement period. vii. The provisions of this Paragraph will cease to be effective upon the conveyance of an approved easement if such is required pursuant to EASEMENT Paragraph above. DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 Town of Estes Park Exhibit F Birch Walkway Rehabilitation Project #2022-M2-018 Page 1 of 1 Exhibit F SAMPLE OPTION LETTER State Agency Department of Higher Education, History Colorado, the Colorado Historical Society SHF Grant Number/Original Agreement 2022-M2-018 Grantee Town of Estes Park Option Agreement Number 2022-M2-018 F1 Agreement Maximum Amount $19,491.00 Maximum Grant Funds Percentage 74.99% Agreement Start Date Cash Match Amount $6,500.00 Cash Match Percentage 25.01% Current Agreement End Date 1. OPTIONS: A. Option to extend for an Extension Term 2. REQUIRED PROVISIONS: A. For use with Option 1(A): In accordance with Section(s) 2.C. of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning on the Option Effective Date and ending on the current Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. The Agreement Submittals and Deliverables of Exhibit C is hereby modified as shown in Revised Exhibit C attached. 3. OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is later. STATE OF COLORADO Jared S. Polis, Governor History Colorado Dawn DiPrince, Executive Director or Designee ______________________________________________ By: Dawn DiPrince, Executive Director Date: _________________________ In accordance with §24-30-202, C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: History Colorado Option Effective Date:_____________________ DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 PAYMENT REQUEST AND FINANCIAL REPORT FORM (ATTACHMENT 1) G:\Shared drives\SHF\O drive 3.16.20\Contracting\Award Packet\Left Side\Pay Request and Financial Report rev 07012021.docx For advance, contingency, and easement fee payments: Only complete steps 1, 2, and 5. − Include a copy of the Easement Fee invoice when requesting an Easement Payment. For all other payments, ALL steps and page 2 must be completed. − Copies of invoices are not required, but may be requested by SHF staff. Guidelines: − Refer to Exhibit C of your grant award document for payment amounts and deliverables due before submitting a payment request. − At least 40% of your previous grant payment must be spent or invoiced prior to receiving the Interim Payment(s). − Approved contingency funds will be added to your final payment if not requested previously. − Final payment is a reimbursement only. All invoices must be paid in full. Step 1) General Information: Project # Grant Recipient Organization: Step 2) Payment(s) Requested (Choose all that apply): Advance Interim 2nd Interim (if applicable) Final Contingency Easement Step 3) Financial Report: − Report all payments you’ve made, including payments of cash match, to subcontractors and individuals for work on the project since your last payment request. − You must indicate which budget task(s) from Exhibit B the payment is for. If a single payment is for more than one budget task, break the invoice out onto multiple lines to report the amount paid for each task. Award Amount $ Project Ratio Grant Funds: % / Cash Match: % PAYEE NAME whom you paid BUDGETED TASK as listed in Exhibit B of Contract DATE PAID CHECK # AMOUNT PAID I hereby certify that all expenses reported above have been PAID and that all of the information is correct and that any false or misrepresented information may require immediate repayment of any or all funds. 1st Interim Financial Report Total 2nd Interim Financial Report Total Final Financial Report Total Project Total Step 4) Additional Information: Project is estimated __________% Complete Interest Earned: $____________ Step 5) Signature: _______________________________________________________ Grant Recipient Organization Signatory Date FOR SHF USE ONLY ____________________ Review ___________________ QC ___________________ Approved DocuSign Envelope ID: 027D6477-3BDA-4A66-B898-845E36544737 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Laura Blevins, Grant Specialist Brian Berg, Parks Supervisor Date: December 13, 2022 RE: Letter of Support for Recycling Resources Economic Opportunity (RREO) Grant Program from Colorado Department of Public Health and Environment (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Support Letter QUASI-JUDICIAL YES NO Objective: Public Works staff are requesting the Town Board authorize the Mayor to sign a support letter to the Colorado Department of Public Health and Environment (CDPHE) for the Recycling Resources Economic Opportunity (RREO) Grant. This grant will fund two composters (one mobile and one stationary) for the Public Works Parks Division. Present Situation: This grant program was created by the RREO Act in 2007 and established that recycling is an important way to realize both environmental and economic benefits to the state, including job creation. In 2017 the Colorado Solid and Hazardous Waste Commission adopted a resolution establishing statewide and regional waste diversion goals. This RREO grant meets the goal of reducing the amount of residual contamination and installing equipment that will create a safer and more efficient operation. At this time, there is not a place in Estes Park to dispose of organic waste. All organic waste is taken to the Larimer County Landfill. The Town’s Parks Division has been composting their own selected material but still end up sending a lot of organic material to the landfill because they are unable to properly screen it. Staff recognized this need and included a small mobile screen composter in the Parks budget for 2023. Staff also recognizes the improved efficiency and productivity available with the proper equipment and the addition of a second, stationary composter. This grant opportunity would allow expansion of the Town’s composting efforts. With two composters, the Parks Division could keep much more of the soil and compostable material in Estes Park. This will eliminate trucking waste to the Larimer County Landfill and also eliminate the need for the Town to purchase and import compost to Estes Park for use in the Town’s landscaped areas. The Estes Park Environmental Sustainability Task Force Report, Goal 13 states: “Establish an innovative and comprehensive solid waste recycling and composting management system.” This would be another step toward meeting that goal. Proposal: Public Works staff is proposing to submit a grant application for this funding opportunity and is asking the Town Board to document their support of this application with the attached letter. The grant application will be submitted on January 5, 2023. Advantages: •This letter confirms the Town’s support for this project and the grant application. •There is no cost share requirement; however, applicants with a match will be scored more favorably. •This grant could result in acquiring two larger composters for the 2023 funding of one smaller composter. •The purchase of two larger composters will allow the Parks Division to sort and use twice as much composting material. •A cash match is not required; however, any proposed over-match will make our application more competitive. Disadvantages: •Funds will be given on a cost-reimbursement basis only. The Town must be financially prepared to pay for these costs upfront and then be reimbursed. •If awarded, the funds must be used by June 30, 2024. Any grant funds not used by that date will be forfeited. Action Recommended: Public Works staff recommend the Town Board authorize the Mayor to sign the support letter to the CDPHE for the RREO grant. Finance/Resource Impact: The estimated cost of the two larger composters is $74,584.21. The Town would need to have the funds available to initially purchase the two composters and then be reimbursed. The Town has set aside $21,000 in the budget to purchase a smaller screen composter. This money could be used toward the $74,584.21. Level of Public Interest Public interest for recycling efforts in Estes Park is moderate. Sample Motion: I move to approve/deny authorizing the Mayor to sign the support letter. Attachments: 1.Town Board Letter of Support for RREO Grant 2.Vendor Quotes for 3 Composters Board of Trustees Mayor & Trustees 970-577-4777wkoenig@estes.org 170 MAGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG December 13, 2022 Colorado Department of Public Health & Environment Recycling Resources Economic Opportunity (RREO) Program Grant Review Committee cdphe.ppp2@state.co.us RE: Support Letter Dear Grant Review Committee: The purpose of this letter is to affirm the Town of Estes Park Board of Trustees’ support for the Recycling Resources Economic Opportunity (RREO) grant application. The Town of Estes Park’s Public Works Parks Division has been composting plant materials on a small scale for over 10 years. This grant would allow the Parks Division to purchase two topsoil and compost screens that will allow them to expand their current operation by doubling the annual waste tonnage diverted from the landfill. It would also significantly decrease the CO2 in the atmosphere by reducing the number of trips made to the landfill and the number of trips required to bring compost to Estes Park. The RREO grant would support Estes Forward, the recently adopted Comprehensive Plan, that will guide the policy decisions of the Town more accurately and holistically into the future. Additionally, the citizen-led Environmental Sustainability Task Force worked with Town employees to create and present a detailed report of initiatives in February 2022, which included 23 recommendations for solid waste management. These recommendations challenge and encourage the Town to establish an innovative and comprehensive solid waste, recycling, and composting management system. The Board of Trustees fully supports the diversion, reduction, and reuse programs for solid waste, as well as the informing and educating of the public and the more than four million annual visitors about waste management programs and practices throughout the Estes Valley. We hope that this grant will allow us to continue to expand our recycling and composting program in Estes Park. For these reasons, the Town of Estes Park Board of Trustees fully supports this grant application. TOWN OF ESTES PARK Wendy Koenig Mayor ATTACHMENT 1 Quotation for Town of Estes Park EZ-SCREEN™ 1000XL PORTABLE SCREENER November 7, 2022 FEATURES: -Frame is constructed of structural, tube steel which reduces vibration, decreasing susceptibility to cracks and structural failure that is common with C-channel construction found on inexpensive screeners -All EZ-Screen surfaces are sandblasted, then treated with a baked-on powder coat finish -Loading bucket size range up to an 8’ wide bucket. Matched to work with ½ to -1-¾ yard loaders. Inside access for bucket 9’4” Feed height at hopper 8’3” -Double deck 6’x 5’ Screen Box with end tensioned screens -KOHLER™ KD15-440 single cylinder air-cooled diesel engine, 10-HP with hour meter and electric start is standard -Fully enclosed, lockable engine compartment and starter panel -EXIDE™ “AGM” battery for long life in a vibratory environment -Patented non-hydraulic EZ-Kinetic Screen Drive -Dual-stage air filter system with pre-cleaner -Tow hitch has safety chains, 7,000 lb. capacity jack, break-away controller and battery and can be equipped with either 3” lunette ring or 2-5/16” ball hitch option available -Sealed wiring harness for legal towing -6,000 lb. capacity axle on rear with EZ-Screen exclusive hand activated rear pivoting assembly with electric brakes, -225/75 R15 “E” range 8 ply trailer tires plus detachable mudflaps -High-speed 5-lug bolt pre-greased hub set -Dimensions : 13’ 3-3/4” x 5’ 8” x 8’ 3” (4.06m x 1.72m x 2.52m) -Overall weight: 5,462 lb. (2477.52kg) -Made in USA Machine Cost: $ 37,900.00 Freight from Marshall, MI to Estes Park, CO $ 1,921.87 Total Cost: $ 39,821.87 DUE TO EXTREME MARKET VOLATILITY AND PENDING US GOVERNMENT SECTION 232 TRADE CASES, ALL PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. Buyer may be responsible for sales and/or use tax at time of purchase depending on State Laws Argus Industrial Co., L.L.C. has a policy of continuous product improvements and reserves the right to change specifications, de signs or prices anytime without notice or the incurring of any obligation 16 West Huron, Pontiac, MI 48342 248 745 5828 Fax 248 745 5825 ez-screen.com 001 Large stationary topsoil and compost screen to be purchased if grant is approved ATTACHMENT 2 Quotation for Town of Estes Park EZ-SCREEN™ 800 FEATURES, SPECIFICATIONS AND PRICING November 7, 2022 FEATURES: -Loading bucket size range is up to an 8’ wide bucket with a -7’-8 1/2” feed height (on one set of blocks) to a 9’-8 ½” feed -height (on two sets of blocks) -6’ X 5’ double deck screen box with end tensioned screens -The top deck is equipped with woven screen cloth and -the bottom deck normally a woven slotted screen -Hundreds of different screen combinations available. -Single cylinder KOHLER™ KD15-440 air-cooled diesel, 10-HP with an hour meter and electric starting system is standard. -EXIDE™ “AGM” battery for long life in a vibratory environment -Dual stage air filter system -Fully enclosed, lockable engine compartment and starter panel -Patented non-hydraulic screen drive -All EZ-Screen surfaces are a durable baked powder coat finish -Made in USA Machine Cost:$ 32,900.00 Freight from Marshall, MI to Estes Park, CO $ 1,863.21 Total Cost:$ 34,763.21 DUE TO EXTREME MARKET VOLATILITY AND PENDING US GOVERNMENT SECTION 232 TRADE CASES, ALL PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. Buyer may be responsible for sales and/or use tax at time of purchase depending on State Laws Argus Industrial Co., L.L.C. has a policy of continuous product improvements and reserves the right to change specifications, designs or prices anytime without notice or the incurring of any obligations. 16 West Huron, Pontiac, MI 48342 248 745 5828 Fax 248 745 5825 ez-screen.com 002 Mobile topsoil and compost screen to be purchased if grant approved Quotation for Town of Estes Park EZ-SCREEN™ 600 FEATURES, SPECIFICATIONS AND PRICING November 7, 2022 FEATURES: -Loading bucket size range ½ to 3/4 yard (Bucket width 84” or less) -Feed height at hopper is 68” -Inside access for bucket 100” wide X 48” high -Overall length 14’-10” -Overall width 55” -Double (2) Deck 5’ X 4’ Screen Box -The screen box is equipped standard with two (2) woven screens -Honda GX160 5.5hp 4.0kw Gas Engine -Patented non-hydraulic aggressive vibratory drive -All EZ-Screen surfaces are a baked powder coat finish -Wiring Harness with lights for legal towing -Four (4) 2000 lb cap angle of incline adjustment jacks -Tow hitch has safety chains, 3500 lb cap jack set-up for 2-5/16” ball -High speed 4-lug bolt pre-greased hub set -B78 X 13” Tires Load Range “B” -Made in USA Machine Cost: $ 18,900.00 Freight from Albion, MI to Estes Park, CO $ 1,859.63 Total Cost: $ 20,759.63 DUE TO EXTREME MARKET VOLATILITY AND PENDING US GOVERNMENT SECTION 232 TRADE CASES, ALL PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. Buyer may be responsible for sales and/or use tax at time of purchase depending on State Laws Argus Industrial Co., LLC has a policy of continuous product improvements and reserves the right to change specifications, designs or prices anytime without notice or the incurring of any obligations. 16 West Huron, Pontiac, MI 48342 248 745 5828 Fax 248 745 5825 ez-screen.com 003-Small mobile topsoil and compost screen that could be purchased and stay within 2023 budget.       To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jessica Garner, AICP, Community Development Director Date: December 13, 2022 RE: Resolution 100-22: Professional Services Contract Amendment Four with SAFEbuilt Colorado, LLC, for Renewal of Building Safety Services Contract, 2023 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review and approve a contract amendment renewing the Town’s existing Professional Services Contract with SAFEbuilt Colorado, LLC for building safety services on behalf of the Town. The amendment would exercise a renewal clause in the current Contract to extend the Contract through CY 2023. Except for the renewed timeframe, no changes to the existing Contract are proposed or contemplated in 2023. Present Situation: Since early 2019, the Town and SAFEbuilt have had a contractual agreement for staffing the Building Safety division in the Community Development Department and performing operational services and responsibilities in the division on behalf of the Town and community. This contract and the services performed pursuant to it have proven more than satisfactory over three years. Both Town staff and SAFEbuilt personnel are pleased with the contract and believe renewing it without material change is in all parties’ best interest. Section 25 of the existing Contract reads as follows: 25.TERM: This Contract shall commence on January 1, 2020 and shall continue through December 31, 2020 with the option of four (4) additional renewals, on an annual basis, upon agreement of both parties. Memo COMMUNITY DEVELOPMENT Proposal: The contract section above provides the authority for SAFEbuilt and the Town to renew the Contract for CY 2023. To ensure that all contract elements are including in a single, updated document, the Town and SAFEbuilt propose that an amendment to the Contract be approved that would exercise the third of the four renewal options in Sec. 25. Approving this amendment will add it to the current Contract and leave all remaining provisions in effect. The renewal amendment is Amendment Four to the Contract (Attachment 2.) The Board will recall that Amendment Three was adopted in December 2021; which utilized the second of four renewal options and extended the terms of agreement to December 31, 2022. A copy of the full existing contract, including Amendment One, is included (Attachment 3.) Town staff is pleased with SAFEbuilt’s services and personnel; the contractors and community members are, too; and this amendment will continue the relationship along the same lines through December 31, 2023. Advantages: •Continues a positive model for providing building-safety services to the Town and community at a reasonable financial rate. •Allows a currently mutually beneficial contractual relationship to continue. Disadvantages: •There is always an argument for providing Town services through a Town staffing and resource model. Action Recommended: Staff recommends approval of the contract amendment as drafted. Finance/Resource Impact: Approximately budget neutral, based on estimated cost and revenue. Estimated building- permit revenue in 2023 is approximately $500,000. Level of Public Interest Medium-to-high among contractors and builders; low among general public. Sample Motions: I move to approve/deny Resolution 100-22. Attachments: 1.Resolution 100-22 2. Amendment Four / Professional Services Agreement between Town of Estes Park, Colorado and SAFEbuilt Colorado, LLC. 3.Town of Estes Park, Colorado Professional Services Agreement with SAFEbuilt Colorado, LLC (including Amendment One), dated July 15, 2020. 4.Town of Estes Park, Colorado Professional Services Agreement with SAFEbuilt Colorado, LLC (Amendment Two), dated January 19, 2021. 5.Town of Estes Park, Colorado Professional Services Agreement with SAFEbuilt Colorado, LLC (Amendment Three), dated December 14, 2021. RESOLUTION 100-22 APPROVING AMENDMENT FOUR TO THE PROFESSIONAL SERVICES AGREEMENT WITH SAFEBUILT COLORADO LLC FOR BUILDING SAFETY SERVICES WHEREAS, the Town Board desires to enter into an amendment to renew the professional services agreement referenced in the title of this resolution for the purpose of providing building safety services; and WHEREAS, this agreement provided for four one-year renewals of the contract, of which this is the third; and WHEREAS, the original agreement was approved by Town Board at its January 14, 2020 Town Board meeting, with an effective date of January 1, 2020; and WHEREAS, on July 14, 2020 the Town Board approved Amendment One to the agreement, adding a permit technician to the staffing arrangement and modifying the fee schedule for Town-owned projects; and WHEREAS, the first renewal of the agreement (Amendment Two) was approved by Town Board at its January 12, 2021 meeting; and WHEREAS, the second renewal (Amendment Three) was approved by the Town Board at its December 14, 2021 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, Amendment Four to the SAFEbuilt Colorado LLC professional services agreement, as referenced in the title of this resolution, in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 AGREEMENT AMENDMENT Page 1 of 1 AMENDMENT FOUR PROFESSIONAL SERVICES AGREEMENT BETWEEN TOWN OF ESTES PARK, COLORADO AND SAFEbuilt COLORADO, LLC This Amendment is entered into to amend the Professional Services Agreement previously entered into on January 01, 2020, by and between Town of Estes Park, Colorado (Town) and SAFEbuilt Colorado, LLC, a wholly owned subsidiary of SAFEbuilt, LLC, (Consultant). Town and the Consultant shall be jointly referred to as the “Parties”. Amendment Effective Date: This Amendment shall be effective on January 1, 2023. RECITALS AND REPRESENTATIONS Town and Consultant entered into a Professional Services Agreement ( Agreement), by which both Parties established the terms and conditions for service delivery for the period of January 01, 2020 through December 31, 2020 with the option of four (4) additional renewals, on an annual basis, upon agreement of both Parties; and On July 15, 2020, Town and Consultant instituted Amendment One to the Agreement to add Permit Technician services; and On January 19, 2021, Parties instituted Amendment Two to the Agreement to exercise the first of four (4) renewal options and extend the term of the Agreement through December 31, 2021; and On December 14 2021, Parties instituted Amendment Three to the Agreement to exercise the second of four (4) renewal options and extend the term of the Agreement through December 31, 2022; and Parties hereto now desire to amend the Agreement as set forth herein; and NOW, THEREFORE Agreement is hereby amended as set forth below: 1. Town and Consultant desire to exercise the third of four (4) renewal options provided for in Section 25. The term of Agreement shall be extended for an additional twelve (12) month period of January 01, 2023 through December 31, 2023. All other provisions of the original Agreement shall remain in effect, to the extent not modified by Amendment. IN WITNESS HEREOF, the undersigned have caused this Amendment to be executed in their respective names on the dates hereinafter enumerated. Gary Amato, CAO Date SAFEbuilt Colorado, LLC TOWN OF ESTES PARK: Mayor Date ATTEST: Town Clerk Date APPROVED AS TO FORM: November 28, 2022 Town Attorney ATTACHMENT 2 ATTACHMENT 3 EXHIBIT A SAFEbuilt SCOPE OF SERVICES AND COST PROPOSAL 1. SCOPE OF SERVICES Consultant will perform Services in accordance with codes, amendments and ordinances adopted by the elected body of Municipality. The qualified professionals employed by Consultant will maintain current certifications, certificates, licenses as required for Services that they provide to Municipality. Consultant is not obligated to perform services beyond what is contemplated by this Agreement. 2. SOLICITATION/HIRING OF CONSULTANT’S EMPLOYEES During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire, or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided services to Municipality pursuant to this Agreement (“Service Providers”), or who interacted with Municipality in connection with the provision of such services (including but not limited to supervisors or managers of Service Providers, customer relations personnel, accounting personnel, and other support personnel of Consultant). Parties agree that this provision is reasonable and necessary in order to preserve and protect Consultant’s trade secrets and other confidential information, its investment in the training of its employees, the stability of its workforce, and its ability to provide competitive building department programs in this market. If any provision of this section is found by a court or arbitrator to be overly broad, unreasonable in scope or otherwise unenforceable, Parties agree that such court or arbitrator shall modify such provision to the minimum extent necessary to render this section enforceable. In the event that Municipality hires any such employee during the specified period, Municipality shall pay to Consultant a placement fee equal to 25% of the employee’s annual salary including bonus. 3. LIST OF SERVICES Building Official Services  Manage and help administer the department and report to Municipality’s designated official  Be a resource for Consultant team members, Municipal staff, and applicants  Help guide citizens through the complexities of the codes in order to obtain compliance  Monitor changes to the codes including state or local requirements and determine how they may impact projects in the area and make recommendations regarding local amendments  Assist Municipal staff in revising and updating municipal code to comply with adopted requirements  Provide Building Code interpretations for final approval  Oversee our quality assurance program and will make sure that we are meeting our agreed upon performance measurements and your expectations  Provide training for our inspectors on Municipality adopted codes and local amendments as needed  Oversee certificate of occupancy issuance to prevent issuance without compliance of all departments  Attend staff and council meetings as mutually agreed upon  Responsible for reporting for Municipality – frequency and content to be mutually agreed upon  Responsible for client and applicant satisfaction  Work with Municipal staff to establish and/or refine building department processes  Issue stop-work notices for non-conforming activities – as needed Building, Plumbing, and Mechanical Inspection Services  Consultant will provide a certified Combination Inspector  Services excludes Electrical Inspections to be provided by the State of Colorado  Perform code compliant inspections to determine that construction complies with approved plans  Meet or exceed agreed upon performance metrics regarding inspections  Provide onsite inspection consultations to citizens and contractors while performing inspections  Return calls and emails from permit holders in reference to code and inspection concerns TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT Page 14 of 17  Identify and document any areas of non-compliance  Leave a copy of the inspection ticket and discuss inspection results with site personnel Vacation Rental Inspections  Provide in accordance with Ordinance 06-19 and 2015 International Residential Code Plan Review Services  Provide plan review services electronically or in the traditional paper format  Review plans for compliance with adopted building codes, local amendments or ordinances  Be available for pre-submittal meetings by appointment  Coordinate plan review tracking, reporting, and interaction with applicable departments  Provide feedback to keep plan review process on schedule  Communicate plan review findings and recommendations in writing  Return a set of finalized plans and all supporting documentation  Provide review of plan revisions and remain available to applicant after the review is complete Permit Technician Services  Provide qualified individuals to perform the functions of this position  Facilitate the permitting process from initial permit intake to final issuance of permit  Review submittal documents and request missing information to ensure packets are complete  Provide front counter customer service as necessary  Answer questions concerning the building process and requirements at the counter or over the phone  Form and maintain positive relationships with Municipal staff and maintain a professional image  Determine permit fees based on Municipal fee schedule as established by ordinance, if requested  Work with Municipal Clerk to facilitate Colorado Open Records Act requests, if requested  Provide inspection scheduling and tracking to ensure code compliance  Act as an office resource to inspectors in the field  Process applications for Municipal Boards and Commissions – if requested  Provide input, tracking and reporting to help increase efficiencies Reporting Services  Consultant will work with Municipality to develop a mutually agreeable reporting schedule and format 4. COMMUNITY CORE SYSTEMS TERMS AND CONDITIONS  Provide Community Core in accordance with the terms and conditions of Exhibit C. 5. MUNICIPAL OBLIGATIONS  Municipality will provide office space, desk, desk chairs, file cabinets, local phone service, internet, use of copier and fax 6. FEE SCHEDULE  Municipality will promptly notify Consultant of any revisions or amendments to Municipal Fee Schedule  Municipality will periodically review its Municipal Fee Schedule and valuation tables and make adjustment to reflect increases in the cost incurred by Consultant in providing Services  Beginning January 01, 2021 and annually thereafter, the hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”) from the previous calendar year, such increase, TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT Page 15 of 17 however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.  Consultant fees for Services provided pursuant to this Agreement will be as follows: Service Fee Schedule: Inspection Service (permits issued prior to service start date) $75.00 per inspection Inspection Service (permits issued after service start date) 82% of Municipal Permit Fee as established by ordinance or resolution Plan Review Services - excludes engineer review fees 82% of Municipal Plan Check Fee as established by ordinance or resolution Structural Engineering Plan Review $150.00 per hour – one (1) hour minimum Building Official Services Included in percentage of fees above Permit Technician Service $55.00 per hour – one (1) hour minimum After Hours/Emergency Inspection Services $100.00 per hour – two (2) hour minimum Non-Permitted Activity (by request only) $75.00 per hour – one (1) hour minimum Investigative Services (by request only) $75.00 per hour – one (1) hour minimum Town Owned Projects and School Projects 50% of applicable Municipal fees as established by ordinance or resolution Note: Three percent (3%) of Consultant fees for Estes Park Community Outreach Program EXHIBIT B – SAFEbuilt PERFORMANCE 1. TIME OF PERFORMANCE Services will be performed during normal business hours excluding Municipal holidays.  Services will be performed from Municipal offices Monday through Friday, (8) hours daily between 8:00 am and 5:00 pm  Consultant’s representative(s) will be available by cell phone and email Deliverables INSPECTION SERVICES Perform inspections requested by 4:00 pm next business day TWO HOUR INSPECTION WINDOW Provide a two-hour window of time that the permit holder can expect to have their inspection performed – Upon request only MOBILE RESULTING Provide our inspectors with field devices to enter results immediately PRE-SUBMITTAL MEETINGS Provide pre-submittal meetings to applicants by appointment PLAN REVIEW TURNAROUND TIMES Provide comments within the following timeframes: Day 1 = first full business day after receipt of plans and all supporting documents Project Type:  Single-family within  Multi-family within  Small commercial within (under $5M in valuation)  Large commercial within First Comments 7 business days 10 business days 10 business days 20 business days Second Comments 5 business days or less 7 business days or less 7 business days or less 15 business days or less TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES AGREEMENT Page 17 of 17 EXHIBIT C – COMMUNITY CORE SOLUTIONS Attach here ATTACHMENT 4 ATTACHMENT 5       Town Clerk Memo To: Honorable Mayor Koenig Board of Trustees Through Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: December 13, 2022 RE: Resolution 101-22: Contract with Courtenay Patterson for Assistant Municipal Judge Services. Objective: To consider a contract for the Assistant Municipal Judge to provide municipal court services to the Town of Estes Park. Present Situation: After the biennial election in April 2022, the Town Board reappointed David Thrower as the Municipal Judge and approved a contract ending April 23, 2024. At that time the previous Assistant Municipal Judge Teresa Ablao stated she would not seek a new contract. The Town did not have a replacement identified at the time, and therefore, has been operating without an Assistant Municipal Judge for the remainder of the year. The Board requested Judge Thrower assist in identifying interested judges and bring forward their information for the Board’s review. After review, the Board requested staff bring forward a contract with Ms. Patterson for consideration. Proposal: To approve a contract for Assistant Municipal Judge services with Judge Courtenay Patterson. The contract will begin on January 1, 2023 and terminate on April 23, 2024. All other conditions remain the same as those previously approved for Judge Thrower in April 2022. Advantages: To maintain municipal services for the Town of Estes Park. Disadvantages: The Town would not have a presiding Municipal Court Judge at times in which Judge Thrower is not available. Action Recommended: To approve the contract with Courtenay Patterson as the Assistant Municipal Court Judge. Budget: Funds have been allocated in the 2023 budget for the position. Level of Public Interest. Low. Sample Motion: I move to approve/deny Resolution 101-22. Attachment 1. Resolution 101-22 2. Contract with Judge Patterson RESOLUTION 101-22 APPROVING AN AGREEMENT WITH COURTENAY PATTERSON FOR ASSISTANT MUNICIPAL JUDGE SERVICES WHEREAS, the Town Board wishes to enter the agreement referenced in the title of this resolution for the purpose of filling the Assistant Municipal Judge role for the Town of Estes Park for a sixteen-month term. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 AGREEMENT THIS AGREEMENT (the “Agreement”) effective this of , 2022 is by and between the Town of Estes Park, Colorado, a municipal corporation (the Town”) and Courtenay Patterson (“Patterson”), both parties agreeing as follows: WHEREAS, on December 13, 2022, the Board of Trustees of the Town appointed Patterson to a 16-month term as the Town’s Assistant Municipal Court Judge; and WHEREAS, the parties desire to set forth in this Agreement the terms and conditions of Patterson’s term as Assistant Municipal Court Judge. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties and Responsibilities Patterson, as the Assistant Municipal Judge of the Town’s Municipal Court, shall perform the functions and duties of the position in accordance with all the applicable provisions of the Town’s Municipal Code, Sections 13-10-101 et. seq. C.R.S., and the Colorado Municipal Court Rules of Procedure as they may be amended from time to time, when the Municipal Court Judge is unable to preside in case of temporary absence, sickness, recusal, or other inability of the Municipal Court Judge to preside over a session of the Municipal Court. The duties of the Assistant Municipal Court Judge, when presiding in absence of the Municipal Court Judge, shall include the following: a. The Assistant Municipal Court Judge is authorized to exercise contempt powers, and enforce subpoenas issued by any board, commission, hearing officer, or other body or officer of the Town authorized by law or ordinance to issue subpoenas, and all other powers inherent with the office. b. Patterson shall maintain an active license to practice law in Colorado. c. Patterson shall keep abreast of current legislation and obtain ongoing education and training and remain current on all matters relating to municipal courts and municipal judges. Costs associated with these efforts may be shared with the Town with prior approval and as budgeted. d. Patterson, as the Liquor Licensing Authority, shall perform the functions and duties as the Authority for show cause orders and hearings on suspensions and revocations and other disciplinary actions, as provided by ordinance. ATTACHMENT 2 2 Section 2. Term The term of this Agreement shall be from January 1, 2023 to April 23, 2024 unless sooner terminated. Section 3. Compensation The Town agrees to pay Patterson compensation of $500.00 for each Municipal Court session she presides as Assistant Municipal Court Judge. Section 4. Removal This Agreement shall automatically terminate in the event of removal of Patterson as Assistant Municipal Court Judge pursuant to Section 13-10-105, C.R.S. Section 5. Resignation Patterson may resign by giving a minimum of 30 days’ written notice to the Town. Section 6. Independent Contract The parties agree that Patterson is an independent contractor and is not an employee of the Town. Patterson is not entitled to workers’ compensation benefits from the Town and is obligated to pay federal and state income tax on any compensation earned pursuant to this Agreement. Section 7. Notices Notices pursuant to this Agreement shall be given by personal service or deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: TOWN: Town of Estes Park Attn: Mayor P O Box 1200 Estes Park, CO 80517 EMPLOYEE: Courtenay Patterson 13181 Woodridge Drive Longmont, CO 80504 Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Employee shall notify the Town in writing of any change in address. 3 Section 8. General Provisions a. This Agreement constitutes the entire Agreement between the parties, and it shall be binding upon and inure to the benefit of the heirs, executors, successors, and assigns of the parties. This Agreement may only be amended by written instrument executed by both parties, and each provision hereof shall be construed under the laws of the State of Colorado. This Agreement supersedes, cancels and terminates any and all prior agreements or understandings of the parties, whether written or oral, concerning the subject matter hereof. Neither party may assign its rights or delegate its duties under this Agreement without the express written approval of the other. b. In the event of conflict between the terms of policy provisions, regulations, codes and ordinances of the Town and terms of this Agreement, this Agreement shall take precedence and govern. c. To the extent this Agreement constitutes a multiple fiscal year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall have no obligation to continue this Agreement in any fiscal year in which no such appropriation is made. d. The laws of the State of Colorado shall govern enforcement and interpretation of this Agreement. Venue and jurisdiction for any court action filed regarding this Agreement shall be only in Larimer County, Colorado. Section 9. Severability To the extent any provision herein is prohibited by applicable Federal, State, or local law, or is impossible to perform, such provision will be deemed deleted from this Agreement and the remainder of the Agreement will survive. Signature page to follow.) 4 IN WITNESS WHEREOF, this Agreement is executed on this ____ day of 2022. TOWN OF ESTES PARK Wendy Koenig, Mayor ATTEST: Town Clerk EMPLOYEE Courtenay Patterson APPROVED AS TO FORM: Town Attorney       UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Reuben Bergsten, Utilities Department Director Jacqui Wesley, Project Manager, Utilities Department Date: December 13, 2022 RE: Resolution 102-22 Approving a Bulk Water Service Agreement with Spruce Knob Water Company (Mark all that apply) ☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☐CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER . QUASI-JUDICIAL ☐ YES ☒ NO Objective: To provide high-quality, reliable water service for the benefit of our community by approving a temporary Bulk Water Service Agreement. Present Situation: Spruce Knob Water Company was formed in 1938 to deliver domestic water to twelve homes in the Park Hill Subdivision along Joel Estes Drive. The owners of these twelve properties have submitted a Larimer County application to form a Local Improvement District to fund the reconstruction of their water distribution system to Town Standards. The State Division of Water Resources requires the Spruce Knob Water Company to obtain a Water Court-approved augmentation plan. Alternatively, the Town could temporarily supply them with bulk water, bringing Spruce Knob Water Company into compliance with the State under the Town's augmentation plan. Proposal: The attached agreement will temporarily supply bulk potable water service to the Spruce Knob Water Company while they rebuild their water distribution system to Town Standards. After construction, each property will become a Town water customer, and the Town will take over ownership, operations, and maintenance of the water distribution system. Advantages: ●Installation of hydrants improves fire protection in an area with no existing hydrants ●The Water Division has subject matter experts capable of meeting the increasingly complex drinking water regulatory requirements ●The Division’s incremental increase in workload is minor relative to Spruce Knob’s increase in workload to meet on-going regulatory and augmentation requirements Disadvantages: ●Expansion of the Division’s distribution system increases our workload; however, the additional revenues from these customers will improve our operational economy of scale. Action Recommended: Utilities staff recommend to the Board to approve the Bulk Water Service Agreement. Finance/Resource Impact: None, revenues will offset the increase O&M costs Level of Public Interest Small Sample Motion: I move to approve/deny Resolution 102-22. Attachments: 1. Resolution 102-22 2.Bulk Water Service Agreement RESOLUTION 102-22 APPROVING A BULK WATER SERVICE AGREEMENT WITH SPRUCE KNOB WATER COMPANY WHEREAS, the Town owns and operates a municipal water treatment and distribution system and supplies treated water to consumers located in the Town and unincorporated portion of Larimer County commonly known as the Estes Valley; and WHEREAS, the Spruce Knob Water Company desires an alternative to operating its own water facility to supply its water demands, due to the ongoing resources and expertise that are necessary to operate such a facility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 00562598 / 2 } BULK WATER SERVICE AGREEMENT This Bulk Water Service Agreement (“Agreement”) is entered into this day of 2022, by and between the Town of Estes Park, a Colorado statutory town, acting by and through its Water Activity Enterprise (the “Town”), and Spruce Knob Water Company, a Colorado nonprofit corporation (the “Company”). RECITALS WHEREAS, the Company is a nonprofit water company in Larimer County, Colorado, providing service to ten member residences generally on or about Joel Estes Drive outside the Town limits; and WHEREAS, the Company previously operated a well for its water supply, but now requires treated water from the Town; and WHEREAS, the Town owns and operates a municipal water treatment and distribution system and supplies treated water to customers located in the Town and the unincorporated portion of Larimer County commonly known as the Estes Valley; and WHEREAS, the Town and the Company desire to enter into this Agreement to provide for the delivery of potable water to the Company by the Town on a bulk sale basis for a limited time until the ten residences served by the Company can be permanently connected to and served by the Town’s system, as more fully set forth herein. AGREEMENT Accordingly, in consideration of the above recitals and of the mutual covenants, agreements and promises set forth herein, the Town and the Company agree as follows: 1. Definitions. In addition to the defined terms set forth in the above recitals, which are incorporated herein, the following definitions shall apply to this Agreement: 1.1 “Effective Date” shall mean the date on which this Agreement is executed by the last required signatory. 1.2 “Metering Point” shall mean the measuring point at which the Town will deliver Treated Water to the Company, and beyond which the Company assumes all responsibility for distribution of Treated Water within the Company Service Area. 1.3 “Treated Water” shall mean water treated to applicable mandatory federal and state drinking water standards for use in a municipal potable water supply system. 1.4 “Company Service Area” shall mean the area within the boundaries as depicted on the map attached as Exhibit A. ATTACHMENT 2 Water Service Agreement Page 2 2. Treated Water Service. 2.1 Subject to the terms and conditions of this Agreement, the Town shall furnish Treated Water to the Company at the Metering Point for use within the Company Service Area. The Treated Water to be delivered by the Town pursuant to this Agreement shall only be used for lawful uses for which the Town’s water rights have been decreed and pursuant to the terms and conditions of this Agreement. All use of the Treated Water shall be consistent with the Town’s water conservation ordinances and other rules, regulations, policies, and ordinances adopted by the Town regarding water service, as in effect now or as hereafter adopted. 2.2 The Company shall be responsible for filing for and ensuring inclusion of the Company Service Area within the boundaries of the Northern Colorado Water Conservancy District and the Municipal Subdistrict of the Northern Colorado Water Conservancy District, and the Company shall make best efforts to complete the full inclusion as soon as possible. The Company shall hold harmless and indemnify the Town from any claims or damages, of any kind or nature, resulting from any parcels within the Company Service Area not having been so included. 3. Compliance with Drinking Water Standards. The Treated Water to be furnished by the Town shall be potable water which complies with applicable mandatory federal and state drinking water standards. 3.1 This Agreement shall not impose any higher duties or financial obligations on the Town with respect to the quality of the Treated Water provided to the Company than those the Town otherwise owes in providing Treated Water to customers within the Town’s service area. 3.2 If there is any incident in which the Treated Water governed by this Agreement fails to comply with applicable mandatory federal and state drinking water standards, then the party responsible for such non-compliance shall bear all costs associated with any regulatory and, if applicable, third-party liability arising out of such incident, including the costs of defense incurred by both parties. Responsibility for non-compliance shall be determined using the records of water quality monitoring and sampling of the Town. If such records demonstrate that the Treated Water complied with applicable mandatory federal and state drinking water standards at the time of the incident, then the Company shall be responsible for the incident as opposed to the Town. If such records demonstrate that the Treated Water did not comply with applicable mandatory federal and state drinking water standards at the time of the incident, then the Town shall be responsible for the incident as opposed to the Company. This paragraph shall not be deemed to impose strict or absolute liability on either party or waive any defenses available to either party, including but not limited to those available to the Town as set forth in the Colorado Governmental Immunity Act. 4. No Guarantee of Water Quality, Quantity or Pressure. The Town makes no promise or guarantee of pressure, quantity or quality of water supply for any purpose, nor is it to be implied from anything contained herein, except as required by applicable federal, state and local laws and regulations. Water Service Agreement Page 3 5. Limitations on Location of Use, Resale, and Commingling. The Company shall not distribute Treated Water to persons or parties outside the Company Service Area without the prior written consent of the Town, nor shall the Company provide Treated Water for resale by others. The Company shall not commingle water from other sources within the Company’s water distribution system without the prior written consent of the Town. 6. Company Operational Obligations. 6.1 Service Area. The Company shall not expand the area of the Company Service Area without the prior written consent of the Town. 6.2 System Maintenance. The Company shall maintain the distribution system used to provide water service within the Company Service Area in good repair so as to prevent losses and contamination. The Company’s water system shall not become or be made part of the Town’s water system except as set forth in section 8 below. 7. Conditions Precedent. The Town’s obligation to deliver Treated Water to the Company shall not commence until the occurrence of the following conditions precedent: 7.1 Location of Metering Point. The Town and the Company shall determine and agree on a location for the Metering Point. 7.2 Connection. The Company shall install a service line and master meter vault connecting the Company’s distribution system to the Town’s system. The master meter, including labor costs to the Town, shall be provided by the Town but paid for and installed by the Company. No later than thirty (30) days after execution of this Agreement, the Company shall construct and install, at the Company’s expense, all lines, facilities and equipment necessary to deliver Treated Water to the Company at the Metering Point, including but not limited to a regulatory-compliant cross connection control device/method approved by the Town, and subject to the Town’s design, materials and construction specifications, including a pressure reducing valve. No later than thirty (30) days prior to such construction and installation, the Company shall submit connection design plans to the Town for review, and no such construction and installation shall commence until the plans are approved by the Town. The Company shall timely pay any fees imposed by the Town in connection with reviewing and approving the connection design plans. At the time of connection to the Town, the well currently providing treated water service within the Company Service Area shall be disconnected so as to prevent any cross connection with the Town’s water system. 7.3 County and Regulatory Approvals. The Company shall be responsible for obtaining any other regulatory approvals required for its connection to the Town’s system, and shall bear the costs associated with obtaining any such approvals. 8. Town Acceptance of Distribution System and Company’s Payment of Tap Fees. Water Service Agreement Page 4 8.1 The temporary term of this Agreement as described in section 18 below is intended to allow the Company and its members an opportunity to secure funds and renovate its distribution system to Town standards so that the Town can accept it into its water system. The Company’s intent at that time is for its members to cease to be served by the Company and to become direct residential customers of the Town. 8.2 Before this Agreement expires, the Company may present the renovated distribution system to the Town for inspection. If the Town is satisfied that it has been constructed in strict compliance with all plans approved by the Town, the Town’s codes and ordinances, and all standards adopted by the Town, the Town shall notify the Company accordingly. Within thirty (30) days of such notification, the Company shall transfer ownership of the distribution system to the Town in the form and manner required by the Town, along with any easements or other property interests (owned by either the Company or third parties as necessary) that the Town reasonably requests in order to ensure its ability to maintain, repair, improve, and potentially extend the distribution system, and upon acceptance of the transfer by the Town each of the Company’s members may be eligible to become an individual rural residential customer of the Town as described in section 8.4 below. 8.3 If the Town has not accepted ownership of the distribution system by the expiration of this Agreement, then water service shall cease at that time, and the Company shall physically disconnect from the bulk water service line as described in section 7.2 above at that time, unless the Company becomes a permanent bulk water customer of the Town by paying all then-current adopted tap fees (for both system development and water rights) applicable at that time as a lump sum, including but not limited to system development fees, water rights fees, connection and meter charges, and filing fees. The parties would memorialize this by amendment to this Agreement. All provisions of this Agreement relating to bulk water service would continue in effect. If the Company is close to completion of the distribution system but has been unable to obtain acceptance, the parties agree to consider in good faith extending the term of the Agreement for a reasonable time to complete the system and allow the Town to accept ownership. The Town is not obligated, however, to extend this Agreement. 8.4 If the Town accepts ownership of the distribution system before this Agreement expires, bulk water service to the Company shall cease at that time, the Company shall physically disconnect from the bulk water service line as described in section 7.2 above at that time, and the Company’s members shall be individually eligible to become rural residential customers of the Town. The Town would assume the responsibility to maintain and repair the new water mains in the system as part of its own system. Private service lines would remain the responsibility of each property owner as indicated in the Town’s standards. Prerequisites to an individual property becoming a customer of the Town shall include ensuring to the Town’s satisfaction that all adopted codes and standards for water service infrastructure to the property are met; that the property has paid all adopted tap fees applicable at that time as a lump sum, including but not limited to system development fees, water rights fees, connection and meter charges, and filing fees; and that the property owner agrees to all terms of service applicable generally to water customers or applicable under Town codes, standards, or ordinances. 9. [Removed] Water Service Agreement Page 5 10. Charges. For water delivered to the Company, the Town shall charge, and the Company shall pay, the bulk water volume rate and monthly base fee adopted by the Town and applicable at the time of delivery. The bulk water charges to the Company will be the same as the charges to other rural customers, as such rates may be modified. The Company acknowledges that the rate for Treated Water by the Town is subject to change during the term of this Agreement based on factors including but not limited to the subsequent changes in the Town’s water system that benefit the Company and the results of comprehensive cost of service analyses that may be conducted by the Town in the future. “Comprehensive cost of service analyses” determine the costs of providing service to a customer and establish rates that reflect the customer’s specific uses and demands on the system. Notice of rate changes shall be provided to the Company in the same manner as to the Town’s other water customers. 11. Payment and Billing. The Town shall read the measuring and recording device(s) installed at the Metering Point on a monthly basis and shall bill the Company for such measured amount of Treated Water in the same manner as the Town bills its other customers. In the event of failure of the measuring and recording device(s), billing shall be estimated based on historic use or other reasonable means of estimation. 12. Metering Point. 12.1 Location and Access. Treated Water from the Town shall be delivered to the Company at the Metering Point, the location of which shall be determined as set forth in Section 7.1 above. To the extent the connection facilities and equipment associated with the Metering Point are located on Company property, the Company authorizes the Town to access, read the meter, inspect, and as may be necessary, make emergency repairs to such facilities and equipment. 12.2 Ownership. 12.2.1 Town’s Water System. The Town shall maintain complete and unilateral control over its water diversion, treatment and distribution systems, within or without the Town’s corporate limits, now owned or hereafter acquired by the Town through purchase, construction or otherwise. 12.2.2 Company’s Water Distribution System. Unless and until the Town accepts ownership of the distribution system as set forth in paragraph 8.4 above, the Company shall continue to own and be solely responsible for the operation, maintenance and replacement of the system for water distribution within the Company Service Area. The Company shall be solely responsible for complying with any and all water quality design, construction and other regulatory requirements applicable to such system, including any applicable mandatory federal and state drinking water standards. 12.2.3 Metering Point. The Company shall, at its expense, construct, install, replace, and own, all facilities and equipment located at the Metering Point, including, without limitation, meters, data recording and transmission systems, the pressure reducing valve, Water Service Agreement Page 6 and the cross connection control device(s). Company shall also be solely responsible for providing electricity to any pump station(s) necessary to deliver Treated Water beyond the Metering Point within the Company Service Area. A remote automated monitoring system shall be linked to the measuring devices located at the Metering Point capable of securely transmitting data from the measuring devices to the Town. 12.3 Operation and Maintenance. The Company shall be responsible for the operation and maintenance of the Metering Point, including, without limitation, annual backflow testing and surveying as required by state regulations, and all costs associated with such operation and maintenance. The Company shall test and calibrate measuring device(s) at the Metering Point in accordance with the standards established by the American Water Works Association. 12.4 Records and Accounting. The Town shall be responsible for maintaining records and accounting of the Town’s diversions and delivery to the Company of Treated Water at the Metering Point, and such records and accounting shall be provided to the Company upon request. 13. No Right in Systems or Other Party’s Water Rights. The Town’s water system and the Town’s water rights are owned by Town. The Company’s existing distribution system and water rights are owned by the Company. Nothing in this Agreement shall be construed as a grant by either party of any exclusive right or privilege. The Company acknowledges and agrees that nothing in this Agreement is intended or should be construed to grant the Company any interest or ownership in the Town’s water system, the Town’s water rights, or any other Town facility or asset. The Town acknowledges and agrees that nothing in this Agreement is intended or should be construed to grant the Town any interest or ownership in the Company’s water distribution system, Company’s water rights, or any other Company facility or asset, except as set forth in section 8 above. Treated Water provided pursuant to this Agreement does not include the right to make a succession of uses of the Treated Water, and upon completion of the primary use of the Treated Water, all dominion over the water provided reverts completely to the Town. The Company shall cooperate with the Town in measuring and reporting return flows to the extent such measuring and reporting are required by the Colorado Division of Water Resources. 14. Insurance. The Company warrants that it is adequately self-insured. If it encounters liability, or indemnification obligations under this Agreement that exceed its reserves, it shall timely set and enforce a special assessment upon its members to raise the requisite funds. The Company shall require all its contractors to maintain levels of insurance to the Town’s satisfaction, within bounds of commercial reasonableness, and shall present certificates of insurance to the Town upon request. 15. Compliance with Rules, Regulations and Ordinances. The Company and its successors in interest shall be bound by, and all Treated Water provided pursuant to this Agreement shall be subject to, all applicable provisions of the Charter of the Town, if any is adopted, the Town Code, as well as all applicable rules, regulations, policies, and ordinances of the Town now in effect or as may be hereafter adopted. The Company shall assist the Town in Water Service Agreement Page 7 every manner possible to enforce the Town’s rules, regulations, policies and ordinances made to protect the purity, safety and supply of water delivered pursuant to this Agreement, including curtailment during times of shortage, elimination of any potential cross connections, and the utilization of water conservation devices as set forth in the Town Code. The Company agrees to prohibit all unnecessary or unreasonable waste of the delivered Treated Water within the Company Service Area. 16. [Removed] 17. Enforcement by Town. The Town and the Company recognize and agree that the Town has the right to enforce its rules, regulations, policies and ordinances as the same may apply to construction, operation, and maintenance of water mains, lines, and associated facilities, water service and water use, and the terms of this Agreement by the disconnection of the supply of Treated Water provided hereunder. Procedures for such disconnection shall be as provided in the Town Code and applicable rules, regulations, policies and ordinances at the time of the disconnection. Additionally, in the event the Company violates the rules, regulations, policies or ordinances of the Town, or terms of this Agreement, the Town shall have all remedies available to it at law or in equity, and as provided in the Town Code. Without limiting the foregoing rights and remedies, the Company agrees the Town may also enforce such rules, regulations, policies or ordinances by injunction, the parties agreeing that the damages to the Town from such violations are irreparable, and there is no adequate remedy at law for such violations. The Town shall be free from any liability arising out of the exercise of its rights under this paragraph. 18. Term. The term of this Agreement shall be for two (2) years from the Effective Date. In the event of termination of this Agreement, for any reason, the Town shall retain all fees paid by the Company pursuant to this Agreement. The parties recognize that construction in mountain environments can be difficult with unpredictable conditions. Accordingly, to the extent that the Company has made substantial progress towards completing the distribution system described in section 8 above, but the system has not been accepted by the Town at the end of the two (2) year period, the parties agree to confer in good faith and consider if a limited extension of the term is appropriate to allow the Company to finalize the distribution system. The Town is not obligated, however, to extend this Agreement. 19. Termination. 19.1 Termination by Agreement. Except as provided to the contrary herein, this Agreement shall only be terminated in writing by mutual agreement. 19.2 Termination if Illegal. The parties agree, intend and understand that the obligations imposed by this Agreement are conditioned upon being consistent with state and federal law, the Town Code and the terms and conditions of the Town’s water rights decrees. The parties further agree that if any provision of this Agreement becomes in its performance inconsistent with state and federal law, the Town Code or the terms and conditions of the Town’s water rights decrees, or is declared invalid by a court of competent jurisdiction, the parties shall in good faith negotiate to modify this Agreement so as to make it consistent with state and federal law, the Town Code or the terms and conditions of the Town’s water rights decrees as Water Service Agreement Page 8 appropriate, and if, after a reasonable amount of time, their negotiations are unsuccessful, this Agreement shall terminate. 19.3 Termination Following Breach. The parties agree that either party may terminate this Agreement for cause (including a breach of this Agreement by the other party beyond any notice and cure period), immediately upon written notice to such party. 20. Curtailment. The Company acknowledges that the availability of the Treated Water provided for hereunder is dependent upon natural water resources that are variable in quantity of supply from year to year, and which can be affected by causes beyond the Town’s control and that the Town’s obligation to provide Treated Water shall be dependent on the normal operation of the Town’s water system. Accordingly, the Town will be relieved of its obligation to provide Treated Water pursuant to this Agreement, and deliveries of Treated Water pursuant to this Agreement may be curtailed by the Town during: 1) times of drought, 2) force majeure events, or 3) the Town’s water system is not capable of providing Treated Water to the Company, for reasons including but not limited to water quality, water main breaks, water shortage, water rationing, major fire, failure or inability of the Town’s treatment plants to treat water, or the provision of Treated Water to the Company would be detrimental to the Town’s existing customers. The Town shall use best efforts to inform the Company of any event which it reasonably foresees may cause an interruption in deliveries pursuant to the events 1-3 above. The Town shall notify the Company, in writing, of any curtailment of deliveries under this Agreement and shall include in such notice the reasons for curtailment, the extent of the curtailment, and a reasonable estimate of the length of such curtailment. Additionally, the Company is subject to section 13.24.120 of the Estes Park Municipal Code, as may be amended. Accordingly, use of water outside the Town limits shall be subject to the paramount rights of users within the Town limits, and in case there shall be insufficient water to provide for users both within and without the Town limits, the Board may reduce, curtail or shut off the users outside the Town limits during such period of water shortage or scarcity. 21. Default. If either party to this Agreement fails to perform or otherwise breaches any of the covenants, terms, conditions, or obligations of this Agreement, then such failure shall constitute a default. In the event of a default by either party, the non-defaulting party shall provide written notice of the default to the defaulting party, in accordance with the notice requirements of this Agreement. Following such written notice, the defaulting party may cure the default within thirty (30) days. Upon cure, this Agreement shall remain in full force and effect. If the defaulting party fails to cure, the non-defaulting party shall be entitled to any and all legal and equitable remedies, including but not limited to any specific remedies provided for in this Agreement. Time is of the essence in this Agreement. 21.1 Remedies for Failure to Make Payment. If the Company is in default for failure to make any payment required by this Agreement, together with any accrued late payment charges, then the Town may suspend the delivery of Treated Water to the Company until such payment is made. 21.2 No Implied Waiver. No failure by a party to insist upon strict performance of any term, covenant or provision contained in this Agreement shall constitute a Water Service Agreement Page 9 waiver of any such term, covenant or provision unless such waiver is made in writing by the party to be bound hereby. Any waiver of a breach of a term or condition of this Agreement shall not prevent a subsequent act, which would have originally constituted a default under this Agreement, from having all the force and effect of a default. 22. Indemnification. The Company shall bear all responsibility for its use of the Treated Water provided under this Agreement, together with the costs associated therewith. The Company shall defend, indemnify and hold harmless the Town from and against any and all damages, claims, losses, obligations, other costs, and other liabilities arising out of the Company’s use of the Treated Water provided under this Agreement. 23. Notices and Payments. All notices, payments and other communications under this Agreement shall be in writing, except as otherwise provided for in this Agreement. All such notices and communications and all payments shall be deemed to have been duly given on the date of service, if delivered and served personally, or served via electronic means (with respect to notices and communications only) on the person to whom notice is given; on the next business day after deposit for overnight delivery by a courier service such as Federal Express; or on the third day after mailing, if mailed to the party to whom payment and notice is to be given by first class mail, postage prepaid, and properly addressed as follows: The Town: Estes Park Water Superintendent PO Box 1200 Estes Park, Colorado 80517 With a Copy to: Estes Park Town Attorney PO Box 1200 Estes Park, Colorado 80517 The Company: Rich Harvey, President 345 Joel Estes Dr. Estes Park, Colorado 80517 With a Copy to: Cathy Schupanitz, Secretary and Treasurer 9296 W. David Ave. Littleton, Colorado 80128 Persons and addresses to which notices are to be sent may be changed by the same method. Water Service Agreement Page 10 24. Governmental Immunity. Nothing in this Agreement shall be construed to waive the Town’s protection from liability or the limitations on its liability due to its sovereign immunity under the Colorado Governmental Immunity Act or otherwise. 25. No Regulated Public Utility Status. The parties agree that by this Agreement the Town does not become a regulated public utility compelled to serve other parties similarly situated. The Company agrees that neither it nor its successors in interest shall at any time petition the Colorado Public Utilities Commission (“PUC”) to acquire jurisdiction over any water rate set by the Town or to assert or support any statement, policy, rulemaking, or legislation attempting to place the Town’s municipal water supply system under the ratemaking authority or jurisdiction of the PUC or other regulatory entity. The parties agree that in the event the Town is held to be a regulated public utility and/or placed under the ratemaking authority or jurisdiction of the PUC or other regulatory entity by virtue of this Agreement, this Agreement shall terminate and be of no further force or effect. 26. No Beneficiaries. This Agreement is for the sole benefit of and binds the parties, their successors, and assigns. This Agreement affords no claim, benefit or right of action to any third party. Any person besides the Town or the Company receiving services or benefits under this Agreement is only an incidental beneficiary. 27. No Third-Party Enforcement. Only the Town and the Company, as parties to this Agreement, shall have the right to bring an action to enforce the respective rights and obligations under this Agreement. No other third party shall have the right or standing to enforce the terms of this Agreement, directly or by derivative action on behalf of either party. 28. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. In the event of litigation over this Agreement, jurisdiction and venue shall be proper and exclusive in the District Court in and for Larimer County, State of Colorado. 29. Force Majeure. The Company acknowledges that the availability of the Treated Water provided for hereunder is dependent upon natural water resources that are variable in quantity of supply, and which can be affected by causes beyond the Town’s control. Moreover, the Town shall not be liable for any delay or failure to perform its obligations under this Agreement caused by an event or condition beyond the reasonable control of, and without the fault of the Town, including without limitation failure of facilities, flood, earthquake, storm, lightning, fire, epidemic, contamination, war, terrorist act, riot, civil disturbance, labor disturbance, accident, sabotage, or restraint by court or restrictions by other public authority which delays or prevents performance (including but not limited to the adoption or change in any rule, policy, or regulation or environmental constraints imposed by federal, state or local governments), which the Town could not reasonably have avoided by exercise of due diligence and foresight. Upon the occurrence of such an event or condition, the obligations of the Town under this Agreement shall be excused and suspended without penalty or damages, provided that the Town shall give the Company written notice describing the particulars of the occurrence or condition, the suspension of performance is of no greater scope and of no longer duration than is required by the event or condition, and the Town proceeds with reasonable diligence to remedy Water Service Agreement Page 11 its inability to perform and provides progress reports to the Company describing the actions taken to remedy the consequences of the event or condition. 30. No Continuing Duty to Supply Water. The Town shall have no obligation to supply water to the Company after this Agreement expires or is otherwise terminated. 31. Annexation. Land within the Company Service Area is not currently eligible for annexation. Under section 13.24.120 of the Estes Park Municipal Code, this Agreement must require land within the Company Service Area to annex to the Town when the property becomes eligible. Should this Agreement be amended to provide permanent bulk water service to the Company, annexation of the Company Service Area shall be required upon eligibility as a condition of that amendment. Should this Agreement terminate and the Company’s members intend to become the Town’s customers, individual customers must agree to petition for annexation upon eligibility as a condition of their water service. 32. Amendment; Assignment. No amendment or modification of this Agreement shall be of any force or effect unless in writing and executed by the parties hereto with the same formality as this Agreement. The Company may not assign its rights or obligations under this Agreement without the prior written consent of the Town. 33. Independent Contractors. The parties expressly understand and agree that the Company is acting as an independent contractor unrelated to the Town. Nothing in this Agreement is intended to create a relationship, express or implied, of employer-employee, joint venturers or principal-agent between the Town and the Company. 34. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same Agreement. Facsimile and electronic signatures shall be acceptable and binding upon all parties. 35. Headings. All paragraph headings used herein are for the convenience of the parties and shall have no meaning in the interpretation or effect of this Agreement. 36. Negotiated Provisions. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both the Town and the Company have contributed substantially and materially to the preparation of this Agreement. 37. Authority. The parties warrant that they have taken all actions necessary or required by their own procedures, bylaws, or applicable law, to authorize their respective signatories to sign this Agreement for them and to bind them to its terms. 38. Financial Obligations. All of the Town’s financial obligations under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge those obligations. Nothing in this Agreement constitutes a debt, a direct or indirect multiple fiscal year financial obligation, a pledge of the Town’s credit, or a payment guarantee by the Town to the Company. Water Service Agreement Page 12 Spruce Knob Water Company: By: Date Title: State of ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Spruce Knob Water Company, a Colorado nonprofit corporation, on behalf of this corporation, this day of , 2022. Witness my hand and official Seal. My Commission expires . Notary Public Water Service Agreement Page 13 Town of Estes Park: By: Date Title: State of ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of this corporation, this day of , 2022. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney REPLAT OF A PORTION OF PARK HILL SUBDIVISION PLAT OF THE RESUBDIVISION OF LOTS 4 THROUGH 17 INCLUSIVE AND PORTIONS OF LOTS 18 THROUGH 22 INCLUSIVE OF PARK HILL sua·- DIVISION, BEING A SUBDIVISION OF A PORTION OF THE SOUTH HALF OF THE NORTH HALF OF SECTION 29,TOWNSHIP 5 NORTH,RANGE 72 WEST OF THE 6 TH.P.M.,IN THE COUNTY OF LARfMER,AND THE STATE OF COLORADO. OBVIOUSLY THE ORIGINAL SUBDIVISION ERRONEOUSLY USES THE HIGHWAY BRASS CAPPED MARKERS AS BEING ON THE SOUTH LINE OF THEN 1/2 OF SAID SECTION 29. THEREFORE USING THE TRUE SOUTH LINE OF THE SAID N 1/2 AS DUE EAST 8 WEST, THE INTERIOR BEARINGS OF THE ORIGINAL SUBDIVISION ARE ROTATED 00°!19° COUNTER CLOCK-WISE. POINTS N0.34-38-37 ON TH£ PARK HILL SUBDIVISION PLAT WERE FOUND AND USED TO LOCATE THE PLATTED ROADS AND THE LINE BETWEEN LOTS 283 AND LOTS 485. LOT I I 0,689 ACRES LOT 13 1373 .,,247 938973 KNOW ALL MEN BY THESE PRESENTS THAT WE THE UNDERSIGNED,BEING THE OWNERS OF THE FOLLOWING DESCRIBED LAND LOCATED IN THE SOUTH HALF OF THE NORTH HALF OF SECTION 29, TOWN-SHIP 5 NORTH,RANGE 72 WEST OF THE 6 TH.P.M., IN THE COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS LOTS 4 THROUGH 17 INCLUSIVE AND PORTIONS OF LOTS 18 THROUGH 22 INCLUSIVE OF PARK HILL SUBDIVISION AND MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 29, THENCE WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 29 1838.0' TO THE TRUE POINT OF BEGINNING, THENCE N00°1 I' E 378.09', THENCE S86°28'W 56.07', THENCE N67°52'W 729.90', THENCE N 56° 17 1 W 80.021 TO THE CENTERLINE OF WHYTE AVE., THENCE ALONG THE CENTERLINE OF WHYTE AVE. N87°42'W 236,85' THENCE CONTINUING ALONG SAID CENTERLINE N88°5:S'W 402.0', THENCE LEAVING WHYTE AVE. S67°55'E 148.90' ALONG THE CENTERLINE OF JOEL ESTES DRIVE, THENCE CONTINUING ALONG SAID CENTERLINE OF JOEL ESTES DRIVE S 8!5°06'E 180. 70', THENCE LEAVING JOEL ESTES DRIVE S 36.33' 30• w 172.07', THENCE S 23°0/'W 182.18' TO A POINT ON THE NORTH EASTERLY RIGHT·OF•WAY OF COLORADO HIGHWAY N0.66, WHICH POINT IS ON A CURVE CONCAVE TO THE NORTHEAST WITH A 'Ii ANGLE OF 3•34'10• AND A RADIUS OF 1507.5' AND LEJ(ltlTH OF 93.92', THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 93.92' TO THE POINT OF CURVATURE OF SAID CURVE,THENCE s49•201E ALONG SAID R.O.W. 343.90'. THENCE N89°37'E 7.45', THENCE S49°20'E 6.84' TO THE POINT OF INTERSECTION OF SAID R.O.W. AHD THE SOUTH LINE o, THE NORTH 1/2 OF SAID SECTION 29, THENCE EAST 960,75' ALONG SAID SOUTH LINE OF THE NORTH 1/2 TO THE TRUE POINT OF BEGINNING. SANITATION SYSTEM COVENANT IT rs HEREBY COViNANTED AND AGREED BY THE SUSDIVIDERS. THE IR HEIRS. SUCCESSORS AND ASSIGNS THAT IN THE EVENT THAT THE PROPER AUTHORITIES OF THE COUNTY OF LARIMER SHALL D1T£RM1NI THAT THE SURFACE AND SUBSURFACE WATER IN THE AREA IS BECOMING CONTAMINATED BY THE USE OF SEPTIC TANKS OR OTHER SEWAGE DISPOSAL SYSTEMS IN THE AREA• THE OWNERS OF THE PROPERTIES IN THE SUBDIVISION SHALL,AT THEIR OWN EXPENSE, INSTALL A COMMERCIAL OR PRIVATE SEWAGE DISPOSAL SYSTEM, THIS IS A COVENANT RUNNING WITH THE LAND. z. ~ £.-«•')1. ~ STEPHEN E. KRASA RUTH N. KRASA STATE OF COLORADO }ss COUNTY OF LARIMER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 13 TH. DAY OF SEPTEMBER, 1967 BY STEPHEN E. KRASA a RUTH N. l<RASA. I.BIB ACRES WITNESS MY HAND AND OFFICIAL SEAL, MY COMMISSION EXPIRES Ap,; I ':Jo -IL' 'I N 1/2 OF SEC. 29 S 1/2 OF SEC.29 SKETCH OF SECTION29 SHOWING SUBJECT PROPERTY 6 5 4 2 7 a 9 10 II 18 17 16 l!S 14 19 20 21 22 23 30 28 27 28 31 52 33 34 55 12 13 24 25 38 SKETCH OF TOWNSHIP 5 NORTH,IIANGE 72 WEST SHOWING SECTION 29 LOT 5 0.692 ACRES LOT 6 0.600 ACRES 0)\ OJ' , 1; LOT 7 1.093 ACRES LOT 8 0.862 ACRES I ,~ z, \ LOT 9 LOT 14 2.762 ACRES s:, s • , 9 0- LOT 15 2.741 ACRES SBt; •e>8t70"W 51,,,0?' WILLIAM W.CA PTON P.E. 8 L.S. N0.11521 10 1 ON EITHER SIDE OF ALL LOT LINES WILL SE RESERVED FOR UTILITY EASEMENTS 0.896 ACRES LOT 10 0.940 ACRES 40.00' M9/2 vv~ Br,::,.s-J a.I"' ;W4,,.-,<<1rJ APPROVED BY THE LARIMER COUNTY PLANNING COMMISSION THIS I I TH. DAY OF OCTOBER ,1967. THIS APPROVAL DOES NOT CONSTITUTE ACCEPTANCE BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER OF ANY DEDICA· TION TO PUBLIC USE OF THE STREETS,HIGHWAYS,ALLEYS OR OTHER PROPERTY CONTAINED IN THE PLAT, WHICH ACCEPTANCE CAN SE GIVEN ONLY BY ACTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER, UNTIL SUCH ACCEPTANCE SHALL BE MADE,THE: COUNTY OF LARIMER ASSUMES NO RESPONSIBILITY FOR THE CONSTRUCTION,REPAIR OR MAINTENANCE OF THE STREETS,HIGHWAYS OR ALLEYS LAID OUT OR DEDICATED HEREON. .,--..___ ATTEST•~ (; &. , . JI/ h. l1o4M4-::::: SECRETARY, LARIMER CO. PLAN.COM. CHAIRMAN,LARIMER CO. PLAN.COM. 5/t:;. Bl' E-a,3/ 9~0. '?5' Lin~ o/' //,4 Nt:Jrl/, 1/Z o/' .S~c .,I/on c':J C. TOM BROWN, BEING FIRST DULY SWORN ON HIS OATH, DEPOSES AND SAYS THAT HE IS A REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF COLORADO;THAT THE SURVEY OF THE RESUSDIVISION OF LOTS 4 THROUGH 17 AND A PORTION OF LOTS APPROVED BY THE LARIMER COUNTY SANITARIAN THIS 13 TH. DAY OF SEPTEMBER,1967.APPROPRIATE PERMITS MUST BE OBTAINED BEFORE INSTALLATION OF ANY SANITARY DISPOSAL SYSTEMS. - f!r., l,z -A, Rt': 1~. g, e, s ARIMER COUNTYTNITARIAN 18 THROUGH 22 • PARK HILL SUSDIVISIO'f -WAI M!'DE BY HIM AND UNDER HIS SUPERVISIONi THAT THE SURVEY IS ACCURATELY .,...OWfi,011,,:HIS PLAT,AND THAT THE STATEMENTS CONTAINED THEREON WERE READ B'f Hllit.AND TH1.T-THE SAME ARE TRUE OF HIS OWN KNOWLEDGE. ', '·: ,. · · '1 :": • STATE OF COLORADO • . .,. ., .. " c. 'h u.....,..._._ }ss STATE OF COLORADOl ''-';/'u , .,,. ," 1 ~~ • -. • • · COUl'<ITY OF LARIMER COUNTY OF LARIMER~SS I', ,ir-•:.a'' COLORADO R.L.S. NO.~,,. . . I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN MY THE FOREGOING INSTRUMENT •s SUBSCRIBQ..AflfO SWORN TO BEFORE ME T'Efis 13TH, ·.)<;·\ OFFICE AT --O'CLOCK ON ----,1967,AND IS DULY DAY OF SEPTEMBER,1967 BY C.TOM BROWN. . ~\ -{ ... Ji:.· ;-'r RECORDED IN BOOK--.AT PAGE __ WITNESS MY HAND AND OFFICIAL SEAL. .z;,_,,...,,, t,;. /.Ja.,'J., i;~-~~~; -------CLERK a RECORDER MY COMMISSION EXPIRES 4 e61 :to, 11,7 NOTARY PUILIC 6 T · ' -------.uiEPUTY ..... ________________________ ~ ______________________ _::.:._::::;::::,:;::.:.:,~,!,:~~=..,===~----...::::!!.=.~!:!;;.!!:...:..___________ RECEPTION NO. Exhibit A       TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: December 13, 2022 RE: Resolution 103-22 Liquor Licensing: New Lodging & Entertainment Liquor License Application for Estes Park Catering LLC dba Jubilations Catering, 215 Virginia Drive, Estes Park, Colorado (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a new Lodging & Entertainment liquor license located at 215 Virginia Drive, Estes Park, Colorado. Application filed Estes Park Catering LLC dba Jubilations Catering. Present Situation: An application for a new Lodging & Entertainment liquor license was received by the Town Clerk’s office on November 1, 2022. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant has completed the Training for Intervention Procedures (TIPS) and submitted responsible sales policy for their employees. Proposal: To present the application for the Town Board’s review and consideration for a new Lodging & Entertainment liquor license. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to serve alcohol to patrons. Action Recommended: Approval of the application for a new Lodging & Entertainment liquor license. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Lodging & Entertainment liquor license is $1319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Lodging & Entertainment liquor license is $869. Level of Public Interest Low Sample Motion: I move to approve/deny Resolution 103-22. Attachments: 1. Resolution 103-22 2.Procedure for Hearing 3. Application & Individual History 4.Diagram of Liquor Premises 5.Police Report RESOLUTION 103-22 A RESOLUTION PERMITTING A NEW LODGING AND ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR ESTES PARK CATERING LLC DBA JUBILATIONS CATERING WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on December 13, 2022 for a New Lodging and Entertainment Liquor License, filed by Estes Park Catering LLC dba Jubilations Catering, 215 Virginia Drive, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, The Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the new Lodging and Entertainment Liquor License, filed by Estes Park Catering LLC dba Jubilations Catering, 215 Virginia Drive, Estes Park, Colorado be approved. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business will be the public hearing on the application of Estes Park Catering LLC dba Jubilations Catering for a new Lodging & Entertainment Liquor License located at 215 Virginia Drive, Estes Park, Colorado. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following:  The application was filed November 1, 2022.  At a meeting of the Board of Trustees on November 22, 2022, the public hearing was set for 7:00 p.m. on Tuesday, December 13, 2022.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.15 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Company.  The property is zoned A - Accommodations which allows this type of business as a permitted use.  The notice of hearing was published on December 2, 2022 .  The premises was posted on December 2, 2022 . ATTACHMENT 2 2  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: Unscheduled Scheduled * X Completed  There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT.  The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS.  The opponents will be given an opportunity to state their case and present any evidence in opposition to the application.  The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication.  Indicate that all evidence presented will be accepted as part of the record.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. 6. SUGGESTED MOTION: I move that Resolution 103-22 be approved/denied for a new Lodging and Entertainment liquor license for the Estes Park Catering LLC dba Jubilations Catering at 215 Virginia Drive, Estes Park, Colorado. ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5 FINANCE DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director Date: 12/13/2022 RE: Resolution 104-22, Supplemental Budget Appropriations #7 to the 2022 Budget (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Amend the 2022 budget for needs that have been identified after the last budget amendment, including funding for building safety contracted services, a DOLA grant for Trailblazer Broadband, adjusting sales tax revenue estimates and final estimates for health insurance plan costs. Present Situation: This amendment is the final budget amendment for 2022 so it includes final updated estimates for many items. The following explains the proposed changes by Fund. These items are also detailed in the “Schedule of Budgeted Appropriation Changes” at the beginning of Exhibit B. General Fund – Increase of $234,078 This includes two items. First is an increase of $200,000 for the contract with Safebuilt in the Building Safety Division, offset by additional building permit fee revenues. The second item is a $34,078 increase in the allocation to the Estes Valley Fire Protection District from revised sales tax revenue estimates. Community Center Fund – Increase of $30,427 This is a $30,427 increase in the allocation to the Estes Valley Recreation and Park District from the revised sales tax revenue estimates. Power and Communications Fund – Increase of $1,190,250 This appropriation is for a $1,190,250 DOLA grant for broadband planning and implementation to be used to help complete the buildout in the outlying areas. Medical Insurance Fund – Increase of $842,454 This appropriation is intended to cover the final medical insurance claims and administrative fees which will continue to come in over the next couple of months. Incurred But Not Reported Claims (IBNR) must be estimated at year end since we simply do not know what medical claims have not yet been submitted by the various service providers, doctors’ offices, pharmacies, etc. These IBNR claims and resulting fund expense will not be known until March 2023 so a year end estimate must be made to evaluate the adequacy of appropriations. As an additional measure of security, we have a $750,000 contingency already budgeted but we hope we do not need it with the above amendment. Proposal: Staff is seeking approval of the budget resolution authorizing the proposed budget amendments. Advantages: The Town should be able to operate in compliance with statutory requirements regarding municipal budget law after these year end adjustments. Disadvantages: None identified. Action Recommended: Staff recommends approval of the 2022 supplemental budget appropriation #7 resolution. Finance/Resource Impact: After reflecting this budget amendment, the General Fund reserves are projected at 42.6% of 2022 operating expenditures. Level of Public Interest Low – Public interest in this final amendment is expected to be limited. Sample Motion: I move for the approval/denial of Resolution 104-22. Attachments: 1. Resolution 104-22 Supplemental Budget Appropriations # 7 to the 2022 Budget. 2. Recaps of Proposed Budget Adjustments and Supporting Documents RESOLUTION 104-22 SUPPLEMENTAL BUDGET APPROPRIATIONS # 7 TO THE 2022 BUDGET WHEREAS, the Board of Trustees of the Town of Estes Park adopted the 2022 annual budget in accordance with the Local Government Budget Law on November 9th, 2021; and WHEREAS, certain projects and expenditures have additional funding needs which were identified after adoption of the original annual budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the appropriations for 2022 be increased by $2,297,209 for the funds specified below and these amounts are hereby appropriated from additional revenue or available fund balance of each fund. Fund # Fund Name Existing Appropriations Amendment Amended Appropriations 101 General Fund 29,899,144 234,078 30,133,222 204 Community Reinvestment Fund 7,844,386 0 7,844,386 211 Conservation Trust Fund 34,000 0 34,000 220 Larimer County Open Space Fund 2,058,692 0 2,058,692 236 Emergency Response System Fund 65,245 0 65,245 238 Community Center Fund 1,113,093 30,427 1,143,520 244 Trails Fund 3,313,648 0 3,313,648 256 Parking Services Fund 864,804 0 864,804 260 Street Fund 3,775,466 0 3,775,466 502 Power and Communications Fund 33,445,127 1,190,250 34,635,377 503 Water Fund 35,499,347 0 35,499,347 606 Medical Insurance Fund 4,145,000 842,454 4,987,454 612 Fleet Maintenance Fund 1,794,872 0 1,794,872 625 Information Technology Fund 979,344 0 979,344 635 Vehicle Replacement Fund 810,713 0 810,713 645 Risk Management Fund 395,500 0 395,500 Total All Funds 126,038,381 2,297,209 128,335,590 DATED this ______ day of _____________, 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SCHEDULE OF BUDGETED APPROPRIATION CHANGES ALL FUNDS Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase (Decrease) Ongoing Increase (Decrease) Total Changes Increase (Decrease) 101 General Fund Community Development Building Safety Increase in Safebuilt fees due to increased building permit activity in 2022 - this expense increase is offset by an increase in building permit revenues One Time 200,000 - 200,000 101 General Fund Finance NA Adjust payment to the Fire Dist for their 7% share of the increased sales tax estimates.Ongoing - 34,078 34,078 238 Comm Ctr Fund Finance NA Adjust payment to the Rec Dist for the increased sales tax estimates.Ongoing - 30,427 30,427 502 Power & Communication Fund Utilities Trailblazer Budget for DOLA grant # EIAF B-022 for broadband planning and implementation - expense increase offset by grant revenue increase One Time 1,190,250 - 1,190,250 606 Med Ins Fund Finance NA Adjust estimated health insurance third party administrator fee Ongoing - 150,000 150,000 606 Med Ins Fund Finance NA Adjust estimated health insurance claim expense for latest estimate - still have $750,000 in contingency which is not expected to be used.Ongoing - 692,454 692,454 - Total Expenditure Appropriation Changes 1,390,250 906,959 2,297,209 ATTACHMENT 2 101 204 211 220 236 238 244 256 260 GENERAL FUND COMMUNITY REINVESTMENT CONSERVATION TRUST LARIMER COUNTY OPEN SPACE EMERGENCY RESPONSE COMMUNITY CENTER TRAILS PARKING SERVICES STREET Revenues $25,298,206 $7,544,916 $34,100 $968,501 $114,452 $1,143,520 $2,575,705 $816,095 $3,794,448 Expenses 30,133,222 7,844,386 34,000 2,058,692 65,245 1,143,520 3,313,648 864,804 3,775,466 Net (4,835,016)(299,470)100 (1,090,191)49,207 0 (737,943)(48,709)18,982 Estimated Beginning Fund Balance, 1/1/22 16,166,887 299,641 71,789 1,101,165 155,143 11 1,299,668 295,807 2,648,123 Estimated Ending Fund Balance, 12/31/22 $11,331,871 $171 $71,889 $10,974 $204,350 $11 $561,725 $247,098 $2,667,105 502 503 606 612 625 635 645 POWER AND COMMUNICATIONS WATER MEDICAL INSURANCE FLEET INFORMATION TECHNOLOGY VEHICLE REPLACEMENT RISK MANAGEMENT TOTAL Revenues $23,315,033 $30,962,272 $3,335,368 $1,290,364 $939,672 $647,057 $395,500 $103,175,209 Expenses 34,635,377 35,499,347 4,987,454 1,794,872 979,344 810,713 395,500 128,335,590 Net (11,320,344)(4,537,075)(1,652,086)(504,508)(39,672)(163,656)0 (25,160,381) Estimated Beginning Fund Balance, 1/1/22 19,477,782 10,946,462 2,447,376 656,965 653,393 1,438,512 35,866 57,694,590 Estimated Ending Fund Balance, 12/31/22 $8,157,438 $6,409,387 $795,290 $152,457 $613,721 $1,274,856 $35,866 $32,534,209 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS RECAP OF BUDGET ALL FUNDS 11/30/2022 5:40 PM BA#7 - Final Year End Amendments.xlsb 101 204 211 220 236 238 244 256 260 GENERAL FUND COMMUNITY REINVESTMENT CONSERVATION TRUST LARIMER COUNTY OPEN SPACE EMERGENCY RESPONSE COMMUNITY CENTER TRAILS PARKING SERVICES STREET Estimated Ending Fund Balance, 12/31/22 11,331,871 171 71,889 10,974 204,350 11 561,725 247,098 2,667,105 Add Back Contingencies included in Budgeted Expenses 250,000 - - - - - - - - Add Back Reserves included in Budgeted Expenses 97,000 - - - - - - - - Adjusted Ending Fund Balance, 12/31/22 $11,678,871 $171 $71,889 $10,974 $204,350 $11 $561,725 $247,098 $2,667,105 Contingency - Grants *250,000 - - - - - - - - Contingency - Med Ins Claims **- - - - - - - - - Budgeted Reserves *** Pkg Garage Maint Reserve 101-1700-417-37-99 48,000 - - - - - - - - Workforce Housing Reserve 85,000 - - - - - - - - Capital Reserves - - - - - - - - - Nonspendable Prepaid Fund Bal & Restr Donations 207,739 - - - - - - - - Policy 660 Fund Balance Reserves 6,091,881 - - - - - - - - Total Reserved Fund Balance 6,682,620 - - - - - - - - Unreserved Budgetary Fund Balance $4,996,251 $171 $71,889 $10,974 $204,350 $11 $561,725 $247,098 $2,667,105 502 503 606 612 625 635 645 POWER AND COMMUNICATIONS WATER MEDICAL INSURANCE FLEET INFORMATION TECHNOLOGY VEHICLE REPLACEMENT RISK MANAGEMENT TOTAL Estimated Ending Fund Balance, 12/31/21 8,157,438 6,409,387 795,290 152,457 613,721 1,274,856 35,866 32,534,209 Add Back Contingencies included in Budgeted Expenses - - 750,000 - - - - 1,000,000 Add Back Reserves included in Budgeted Expenses - - - - - - - 97,000 Adjusted Ending Fund Balance, 12/31/22 $8,157,438 $6,409,387 $1,545,290 $152,457 $613,721 $1,274,856 $35,866 $33,631,209 Contingency - Grants *- - - - - - - 250,000 Contingency - Med Ins Claims **- - 750,000 - - - - 750,000 Budgeted Reserves *** Pkg Garage Maint Reserve 101-1700-417-37-99 - - - - - - - 48,000 Workforce Housing Reserve - - - - - - - 85,000 Capital Reserves - - - - - - - - Nonspendable Prepaid Fund Bal & Restr Donations - - - - - - - 207,739 Equipment Reserve 1,975,931 641,687 - - - 1,274,856 - 3,892,474 Policy 660 Fund Balance Reserves 4,389,295 1,280,235 1,227,144 61,395 200,000 - - 13,249,949 Total Reserved Fund Balance 6,365,226 1,921,922 1,227,144 61,395 200,000 1,274,856 - 17,483,162 Unreserved Budgetary Fund Balance 1,792,212 4,487,466 318,146 91,062 413,721 - 35,866 16,148,047 * The Grant contingency is intended to be used only to manage unanticipated delays in collection of grant funds. Transfers may be necessary to cover these deferrals in other funds so a contingency budget has been developed for that purpose. It is not anticipated to be used so it is added back for budgetary fund balance reserve comparisons. ** The Medical Insurance Claims contingency is budgeted to cover unanticipated large medical claims at year end. Final claim expenses are not known until Feb or March of the following year, much too late to amend the budget, resulting in the possibility of large claims paid out exceeding budgeted expenditures. This contingency has been developed to avoid appearance of a budgetary violation when year end liabilities dramatically exceed historical amounts. Since this is not anticipated to be used, the reserve is added back for budgetary fund balance reserve comparisons. *** These miscellaneous reserves include current year additions to the reserves budgeted as expenses plus amounts accumulated in prior years. The current year additions are added back to fund balance since these appropriations are budget management accounts and are not intended to be spent in the current budgeted year. TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS RECAP OF BUDGETED RESERVES ALL FUNDS TOWN OF ESTES PARK SUMMARY OF CAPITAL RESERVE USAGES FOR YEAR ENDED 12-31-2022 Capital Reserve Resources Beginning General Government Capital Reserve - 12-31-2021 -$ Capital Reserve Contributions during 2022 1,700,000 Total Available Capital Reserves for 2022 1,700,000 Capital Reserve Uses Downtown Estes Loop Project BA#2 - 8/9/2022 500,000 US 36 and Community Drive Roundabout BA#5 - 10/25/2022 600,000 Downtown Estes Loop Project Current Request 600,000 Total Capital Reserve Uses 1,700,000 Ending Capital Reserve Balance - 12/31/2022 -$ Fund/Dept Fund Name 2019 Actual 2020 Actual 2021 Actual 2022 Approved 2022 Amended 101 GENERAL FUND 22,300,431 18,324,050 23,037,469 24,611,373 25,298,206 204 COMMUNITY REINVESTMENT 3,396,952 1,313,175 1,376,520 7,544,916 7,544,916 211 CONSERVATION TRUST 38,679 33,086 38,116 34,100 34,100 220 LARIMER COUNTY OPEN SPACE 572,500 810,449 2,119,841 968,501 968,501 236 EMERGENCY RESPONSE 373,961 75,881 114,596 111,409 114,452 238 COMMUNITY CENTER 816,967 756,452 1,046,550 1,113,093 1,143,520 244 TRAILS 999,193 430,886 652,047 2,560,491 2,575,705 256 PARKING SERVICES - 365,882 929,474 816,095 816,095 260 STREET 2,047,078 1,848,541 2,511,225 3,721,423 3,794,448 502 POWER AND COMMUNICATIONS 20,021,167 19,557,503 20,840,078 22,124,783 23,315,033 503 WATER 7,304,661 6,870,008 7,179,700 30,962,272 30,962,272 606 MEDICAL INSURANCE 3,440,602 3,574,638 3,406,910 3,335,368 3,335,368 612 FLEET 521,653 365,239 617,575 1,290,364 1,290,364 625 INFORMATION TECHNOLOGY 850,161 906,802 970,234 939,672 939,672 635 VEHICLE REPLACEMENT 495,512 478,563 478,818 647,057 647,057 645 RISK MANAGEMENT 271,671 307,631 363,558 395,500 395,500 TOTAL 63,451,188 56,018,786 65,682,711 101,176,417 103,175,209 BA#7 - FINAL YEAR END AMENDMENTS TOWN OF ESTES PARK SUMMARY OF ANTICIPATED REVENUE ALL FUNDS Fund/Dept Fund Name 2019 Actual 2020 Actual 2021 Actual 2022 Approved 2022 Amended 101 GENERAL FUND 101-1100 Legislative 244,133 229,068 230,716 401,635 401,635 101-1190 Town Attorney 157,524 270,372 320,880 349,397 349,397 101-1200 Judicial 79,935 68,179 64,201 81,476 81,476 101-1300 Town Administrator's Office 333,761 346,845 348,020 385,216 385,216 101-1400 Town Clerk's Office 389,566 288,595 261,851 388,364 388,364 101-1500 Finance 545,941 552,905 603,905 669,016 669,016 101-1600 Planning 683,115 565,588 701,202 1,066,398 1,066,398 101-1700 Facilities 1,126,354 1,065,982 909,953 1,194,496 1,194,496 101-1800 Employee Benefits 120,124 181,909 198,520 411,671 411,671 101-1900 Community Service Grants 1,229,985 1,634,290 1,625,994 1,544,539 1,578,617 101-1945 Workforce Housing - - - 598,000 598,000 101-2100 Police - Patrol 3,613,063 3,852,231 4,404,113 4,842,144 4,842,144 101-2155 Police - Communications 1,020,236 960,067 1,000,408 1,261,540 1,261,540 101-2175 Police - Comm Svcs 313,582 369,657 375,410 391,470 391,470 101-2185 Police - Code Enforcement 98,345 127,757 132,084 146,690 146,690 101-2300 Building Safety Divison 620,963 506,550 609,886 649,997 849,997 101-2400 Engineering 314,032 332,073 354,343 511,189 511,189 101-2600 Visitor Center 487,629 403,016 408,476 627,701 627,701 101-3100 Streets 1,027,385 905,366 1,041,637 1,489,333 1,489,333 101-3175 Stormwater Maintenance - - - 402,652 402,652 101-5200 Parks 1,087,145 974,428 995,866 1,648,511 1,648,511 101-5500 Special Events 1,834,159 1,369,265 1,795,301 2,303,521 2,303,521 101-5600 Transportation 620,908 887,723 641,695 1,401,994 1,401,994 101-5690 Parking 179,474 - - - - 101-5700 Museum 391,419 395,116 401,043 468,278 468,278 101-9000 Transfers 3,199,789 1,345,138 1,371,857 6,663,919 6,663,919 101 GENERAL FUND 19,718,567 17,632,120 18,797,360 29,899,144 30,133,222 204 COMMUNITY REINVESTMENT 4,756,051 1,097,534 1,292,521 7,844,386 7,844,386 211 CONSERVATION TRUST 17,207 7,191 84,297 34,000 34,000 220 LARIMER COUNTY OPEN SPACE 421,580 1,574,680 958,840 2,058,692 2,058,692 236 EMERGENCY RESPONSE 363,110 53,655 71,888 65,245 65,245 238 COMMUNITY CENTER 793,392 780,025 1,046,540 1,113,093 1,143,520 244 TRAILS 813,685 325,427 256,068 3,313,648 3,313,648 256 PARKING SERVICES - 322,855 676,695 864,804 864,804 260 STREET 4,360,260 1,290,332 1,666,083 3,775,466 3,775,466 502 POWER AND COMMUNICATIONS 20,995,894 26,322,059 28,951,259 33,445,127 34,635,377 503 WATER 5,805,350 7,297,503 4,949,517 35,499,347 35,499,347 606 MEDICAL INSURANCE 2,636,662 3,301,785 3,265,130 4,145,000 4,987,454 612 FLEET 425,540 364,124 534,976 1,794,872 1,794,872 625 INFORMATION TECHNOLOGY 819,474 709,405 821,222 979,344 979,344 635 VEHICLE REPLACEMENT 243,430 123,559 7,572 810,713 810,713 645 RISK MANAGEMENT 271,627 307,015 328,353 395,500 395,500 TOTAL ALL FUNDS 62,441,829 61,509,269 63,708,322 126,038,381 128,335,590 BA#7 - FINAL YEAR END AMENDMENTS TOWN OF ESTES PARK SUMMARY OF APPROPRIATIONS ALL FUNDS Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes 14,431,402 13,467,699 18,201,848 19,210,957 486,833 19,697,790 Licenses and permits 809,296 630,290 762,931 704,150 200,000 904,150 Intergovernmental 638,151 1,385,415 1,111,437 1,435,608 - 1,435,608 Charges for services 756,871 310,959 464,496 671,538 - 671,538 Fines and forfeitures 61,890 37,284 35,174 37,000 - 37,000 Rental income 312,372 293,228 218,359 195,791 - 195,791 Investment income 166,001 110,437 (15,694) 175,000 - 175,000 Donations 141,447 41,510 51,992 42,800 - 42,800 Miscellaneous 235,563 188,022 189,608 525,779 - 525,779 Transfers-In from other funds 4,747,438 1,858,565 2,012,028 1,612,750 - 1,612,750 Sale of assets - 641 5,290 - - - Financing Proceeds - - - - - - Total Revenues 22,300,431 18,324,050 23,037,469 24,611,373 686,833 25,298,206 EXPENDITURES Legislative 1100 244,133 229,068 230,716 401,635 - 401,635 Attorney 1190 157,524 270,372 320,880 349,397 - 349,397 Judicial 1200 79,935 68,179 64,201 81,476 - 81,476 Town Administrator 1300 333,761 346,845 348,020 385,216 - 385,216 Town Clerk 1400 389,566 288,595 261,851 388,364 - 388,364 Finance 1500 545,941 552,905 603,905 669,016 - 669,016 Planning 1600 683,115 565,588 701,202 1,066,398 - 1,066,398 Facilities 1700 1,126,354 1,065,982 909,953 1,194,496 - 1,194,496 Human Resources 1800 120,124 181,909 198,520 411,671 - 411,671 Outside Entity Funding 1900 1,229,985 1,634,290 1,625,994 1,544,539 34,078 1,578,617 Workforce Housing 1945 - - - 598,000 - 598,000 Police - Patrol 2100 3,613,063 3,852,231 4,404,113 4,842,144 - 4,842,144 Police - Communications 2155 1,020,236 960,067 1,000,408 1,261,540 - 1,261,540 Police - Comm Svc 2175 313,582 369,657 375,410 391,470 - 391,470 Police - Code Enforcement 2185 98,345 127,757 132,084 146,690 - 146,690 Building Safety 2300 620,963 506,550 609,886 649,997 200,000 849,997 Engineering 2400 314,032 332,073 354,343 511,189 - 511,189 Visitor Services 2600 487,629 403,016 408,476 627,701 - 627,701 Streets 3100 1,027,385 905,366 1,041,637 1,489,333 - 1,489,333 Stormwater Maintenance 3175 - - - 402,652 - 402,652 Parks 5200 1,087,145 974,428 995,866 1,648,511 - 1,648,511 Senior Center 5304 - - - - - - Special Events 5500 1,834,159 1,369,265 1,795,301 2,303,521 - 2,303,521 Transit 5600 620,908 887,723 641,695 1,401,994 - 1,401,994 Parking 5690 179,474 - - - - - Museum 5700 391,419 395,116 401,043 468,278 - 468,278 Transfers Out 9000 3,199,789 1,345,138 1,371,857 6,413,919 - 6,413,919 Contingency - Grants 9000 - - - 250,000 - 250,000 Rounding (8) (15) - - - - Total Expenditures 19,718,559 17,632,105 18,797,360 29,899,144 234,078 30,133,222 Net Income (Loss)2,581,872 691,945 4,240,109 (5,287,771) 452,755 (4,835,016) Beginning Fund Balance 8,652,961 11,234,833 11,926,778 16,166,887 16,166,887 16,166,887 Ending Fund Balance 11,234,833 11,926,778 16,166,887 10,879,116 16,619,642 11,331,871 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT GENERAL FUND # 101 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 173,516 480,761 - 1,230,116 - 1,230,116 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 38,647 15,867 (21) 500 - 500 Donations - - - - - - Miscellaneous - - 4,684 - - - Transfers-In from other funds 3,184,789 816,547 1,371,857 6,296,300 - 6,296,300 Sale of assets - - - 18,000 - 18,000 Financing Proceeds - - - - - - Total Revenues 3,396,952 1,313,175 1,376,520 7,544,916 - 7,544,916 EXPENDITURES Community Reinvestment Fund 5400 72,264 49,613 93,017 159,238 - 159,238 Capital Outlay 5400 941,453 131,093 280,504 6,757,013 - 6,757,013 Debt Service 6700 916,866 916,828 919,000 928,135 - 928,135 Transfers Out 9000 2,825,468 - - - - - Rounding - (1) - - - - Total Expenditures 4,756,051 1,097,533 1,292,521 7,844,386 - 7,844,386 Net Income (Loss)(1,359,099) 215,642 83,999 (299,470) - (299,470) Beginning Fund Balance 1,359,099 - 215,642 299,641 299,641 299,641 Ending Fund Balance - 215,642 299,641 171 299,641 171 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT COMMUNITY REINVESTMENT FUND # 204 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 35,949 32,536 38,161 34,000 - 34,000 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 970 550 (46) 100 - 100 Donations - - - - - - Miscellaneous 1,760 - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 38,679 33,086 38,116 34,100 - 34,100 EXPENDITURES Conservation Trust Fund 17,207 7,191 84,297 34,000 - 34,000 Rounding - - - - - - Total Expenditures 17,207 7,191 84,297 34,000 - 34,000 Net Income (Loss)21,472 25,895 (46,182) 100 - 100 Beginning Fund Balance 70,605 92,077 117,972 71,789 71,789 71,789 Ending Fund Balance 92,077 117,972 71,790 71,889 71,789 71,889 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT CONSERVATION TRUST FUND # 211 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 561,059 592,904 2,120,769 966,501 - 966,501 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 11,441 7,545 (928) 2,000 - 2,000 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds - 210,000 - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 572,500 810,449 2,119,841 968,501 - 968,501 EXPENDITURES Open Space 4600 82,355 80,770 90,839 123,749 - 123,749 Capital Outlay 4600 39,225 1,493,910 658,001 1,934,943 - 1,934,943 Transfers Out 9000 300,000 - 210,000 - - - Rounding - 1 - - - - Total Expenditures 421,580 1,574,681 958,840 2,058,692 - 2,058,692 Net Income (Loss)150,920 (764,232) 1,161,000 (1,090,191) - (1,090,191) Beginning Fund Balance 553,476 704,396 (59,836) 1,101,165 1,101,165 1,101,165 Ending Fund Balance 704,396 (59,836) 1,101,164 10,974 1,101,165 10,974 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT LARIMER COUNTY OPEN SPACE FUND # 220 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes 81,697 75,645 104,655 111,309 3,043 114,352 Licenses and permits - - - - - - Intergovernmental - - 9,960 - - - Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 419 236 (19) 100 - 100 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds 291,845 - - - - - Total Revenues 373,961 75,881 114,596 111,409 3,043 114,452 EXPENDITURES Emergency Response System 3600 7,962 5,112 23,344 16,700 - 16,700 Debt Service 3600 48,544 48,543 48,544 48,545 - 48,545 Capital Outlay 3600 306,604 - - - - - Transfers Out 9000 - - - - - - Rounding 1 3 - - - - Total Expenditures 363,111 53,658 71,888 65,245 - 65,245 Net Income (Loss)10,850 22,223 42,708 46,164 3,043 49,207 Beginning Fund Balance 79,363 90,213 112,436 155,143 155,143 155,143 Ending Fund Balance 90,213 112,436 155,144 201,307 158,186 204,350 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT EMERGENCY RESPONSE SYSTEM FUND # 236 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes 816,967 756,447 1,046,550 1,113,093 30,427 1,143,520 Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income - 5 - - - - Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds - - Sale of assets - - Financing Proceeds - - Total Revenues 816,967 756,452 1,046,550 1,113,093 30,427 1,143,520 - EXPENDITURES - Community Center 3800 793,392 780,025 1,046,540 1,113,093 30,427 1,143,520 Transfers Out 9000 - - - - - - Rounding - 1 - - - - Total Expenditures 793,392 780,026 1,046,540 1,113,093 30,427 1,143,520 Net Income (Loss)23,575 (23,574) 10 - - - Beginning Fund Balance - 23,575 1 11 11 11 Ending Fund Balance 23,575 1 11 11 11 11 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT COMMUNITY CENTER FUND # 238 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes 408,484 378,223 523,275 561,546 15,214 576,760 Licenses and permits - - - - - - Intergovernmental 286,000 50,000 120,039 1,998,745 - 1,998,745 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 4,709 2,663 (286) 200 - 200 Donations - - - - - - Miscellaneous - - 9,018 - - - Transfers-In from other funds 300,000 - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 999,193 430,886 652,047 2,560,491 15,214 2,575,705 - EXPENDITURES - Trails Expansion Operations 3400 40,220 32,056 34,213 103,904 - 103,904 Capital Outlay 3400 773,465 293,371 221,855 3,209,744 - 3,209,744 Transfers Out 9000 - - - - - - Rounding 2 (3) - - - - Total Expenditures 813,687 325,424 256,068 3,313,648 - 3,313,648 Net Income (Loss)185,506 105,462 395,979 (753,157) 15,214 (737,943) Beginning Fund Balance 612,721 798,227 903,689 1,299,668 1,299,668 1,299,668 Ending Fund Balance 798,227 903,689 1,299,668 546,511 1,314,882 561,725 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT TRAILS EXPANSION FUND # 244 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - 60 24,888 4,000 - 4,000 Intergovernmental - 24,500 - - - - Charges for services - - 864,783 795,000 - 795,000 Fines and forfeitures - 22,641 39,759 17,095 - 17,095 Rental income - - - - - - Investment income - - - - - - Donations - - - - - - Miscellaneous - 90 45 - - - Transfers-In from other funds - 318,591 - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues - 365,882 929,474 816,095 - 816,095 - EXPENDITURES - Parking Services Operations 5690 - 322,396 578,223 813,042 - 813,042 Capital Outlay 5690 - 459 98,472 51,762 - 51,762 Transfers Out 9000 - - - - - - Rounding - (1) - - - - Total Expenditures - 322,854 676,695 864,804 - 864,804 Net Income (Loss)- 43,028 252,779 (48,709) - (48,709) Beginning Fund Balance - - 43,028 295,807 295,807 295,807 Ending Fund Balance - 43,028 295,807 247,098 295,807 247,098 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT PARKING SERVICES FUND # 256 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget - REVENUE - Taxes 1,960,721 1,815,472 2,511,721 2,671,423 73,025 2,744,448 Licenses and permits - - - - - - Intergovernmental - - 1,235 1,030,000 - 1,030,000 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 86,357 33,069 (1,731) 20,000 - 20,000 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 2,047,078 1,848,541 2,511,225 3,721,423 73,025 3,794,448 - EXPENDITURES - Street Improvement Operations 2000 588,488 581,815 545,029 745,456 - 745,456 Capital Outlay 2000 3,771,772 708,517 1,121,054 3,030,010 - 3,030,010 Transfers Out 9000 - - - - - - Rounding (2) 1 - - - - Total Expenditures 4,360,258 1,290,333 1,666,083 3,775,466 - 3,775,466 Net Income (Loss)(2,313,180) 558,208 845,142 (54,043) 73,025 18,982 Beginning Fund Balance 3,557,952 1,244,772 1,802,980 2,648,123 2,648,123 2,648,123 Ending Fund Balance 1,244,772 1,802,980 2,648,122 2,594,080 2,721,148 2,667,105 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT STREET IMPROVEMENT FUND # 260 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 6,548 (759) 4,375 1,615,173 1,190,250 2,805,423 Charges for services 19,072,995 19,045,257 20,433,601 20,289,610 - 20,289,610 Fines and forfeitures - - - - - - Rental income 2,745 5,400 5,400 - - - Investment income 316,767 311,020 4,651 122,000 - 122,000 Donations 487,398 - - - - - Miscellaneous 144,708 196,585 281,464 98,000 - 98,000 Transfers-In from other funds - - - - - - Sale of assets (9,994) - 110,588 - - - Financing Proceeds - - - - - - Total Revenues 20,021,167 19,557,503 20,840,078 22,124,783 1,190,250 23,315,033 EXPENDITURES Source of Supply 6100 8,142,386 7,718,129 7,963,435 8,168,860 - 8,168,860 Distribution 6301 3,430,531 3,898,088 4,798,010 4,817,061 - 4,817,061 Customer Accounts 6401 421,817 495,490 435,368 585,510 - 585,510 Admin & General 6501 2,164,940 2,099,898 2,072,627 2,578,933 - 2,578,933 Debt Service 6700 489,968 974,346 930,064 1,792,940 - 1,792,940 Broadband 6900 442,826 675,547 1,033,569 1,406,817 - 1,406,817 Capital Outlay 7001 4,130,498 8,740,532 10,048,158 12,607,006 1,190,250 13,797,256 Transfers Out 6600 1,772,928 1,720,029 1,670,028 1,488,000 - 1,488,000 Rounding (1) 1 - - - - Total Expenditures 20,995,893 26,322,060 28,951,259 33,445,127 1,190,250 34,635,377 Net Income (Loss)(974,726) (6,764,557) (8,111,181) (11,320,344) - (11,320,344) Beginning Fund Balance 8,969,681 37,175,241 28,716,335 19,477,782 19,477,782 19,477,782 Ending Fund Balance 7,994,955 30,410,684 20,605,154 8,157,438 19,477,782 8,157,438 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT POWER AND COMMUNICATIONS FUND # 502 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 348,087 97,309 3,999 12,979,000 - 12,979,000 Charges for services 6,636,801 6,584,836 7,166,538 5,580,272 - 5,580,272 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 221,134 136,974 (11,490) 100,000 - 100,000 Donations - - - - - - Miscellaneous 103,852 50,889 24,613 - - - Transfers-In from other funds - - - - - - Sale of assets (5,213) - (3,961) 135,000 - 135,000 Financing Proceeds - - - 12,168,000 - 12,168,000 Total Revenues 7,304,661 6,870,008 7,179,700 30,962,272 - 30,962,272 EXPENDITURES Source of Supply 6100 105,523 146,014 125,029 120,000 - 120,000 Purification 6200 880,041 894,748 821,889 1,174,434 - 1,174,434 Distribution 6300 1,490,360 1,583,472 1,531,073 2,135,845 - 2,135,845 Customer Accounts 6400 245,114 293,507 295,013 416,689 - 416,689 Admin & General 6500 764,451 816,504 880,288 1,273,971 - 1,273,971 Debt Service 6700 104,892 127,513 106,581 487,181 - 487,181 Capital Outlay 7000 2,065,927 3,297,209 1,057,644 29,766,477 - 29,766,477 Transfers Out 6600 149,042 138,536 132,000 124,750 - 124,750 Rounding 1 (3) - - - - Total Expenditures 5,805,351 7,297,500 4,949,517 35,499,347 - 35,499,347 Net Income (Loss)1,499,310 (427,492) 2,230,183 (4,537,075) - (4,537,075) Beginning Fund Balance 8,070,619 9,354,291 9,123,115 10,946,462 10,946,462 10,946,462 Ending Fund Balance 9,569,929 8,926,799 11,353,298 6,409,387 10,946,462 6,409,387 SUMMARY BY FUND & DEPARTMENT WATER FUND # 503 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services 944,889 887,817 807,404 250,000 - 250,000 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 35,806 22,987 (2,967) 20,000 - 20,000 Donations - - - - - - Miscellaneous 2,459,907 2,663,834 2,602,472 3,065,368 - 3,065,368 Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 3,440,602 3,574,638 3,406,910 3,335,368 - 3,335,368 EXPENDITURES Medical Insurance Fund Operations 4200 2,636,662 3,301,785 3,265,130 3,395,000 842,454 4,237,454 Contingency - Med Ins Claims 4200 - - - 750,000 842,454 1,592,454 Rounding (1) - - - - - Total Expenditures 2,636,661 3,301,785 3,265,130 4,145,000 1,684,908 5,829,908 Net Income (Loss)803,941 272,853 141,779 (809,632) (1,684,908) (2,494,540) Beginning Fund Balance 1,228,803 2,032,744 2,305,597 2,447,376 2,447,376 2,447,376 Ending Fund Balance 2,032,744 2,305,597 2,447,376 1,637,744 762,468 (47,164) TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT MEDICAL INSURANCE FUND # 606 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 10 - - 558,567 - 558,567 Charges for services 505,992 361,131 617,915 592,797 - 592,797 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 7,321 4,138 (340) 4,000 - 4,000 Donations - - - - - - Miscellaneous 580 - - - - - Transfers-In from other funds - - - 135,000 - 135,000 Sale of assets 7,750 (30) - - - - Financing Proceeds - - - - - - Total Revenues 521,653 365,239 617,575 1,290,364 - 1,290,364 EXPENDITURES Fleet Maintenance 4300 409,863 364,124 459,467 613,949 - 613,949 Capital Outlay 7000 15,677 - 75,509 1,180,923 - 1,180,923 Rounding (1) - - - - - Total Expenditures 425,539 364,124 534,976 1,794,872 - 1,794,872 Net Income (Loss)96,114 1,115 82,599 (504,508) - (504,508) Beginning Fund Balance 477,135 573,249 574,364 656,965 656,965 656,965 Ending Fund Balance 573,249 574,364 656,963 152,457 656,965 152,457 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT FLEET MAINTENANCE FUND # 612 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental (7) 5,000 15,691 - - - Charges for services 841,570 896,096 953,242 935,672 - 935,672 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 6,751 3,815 (314) 4,000 - 4,000 Donations - - - - - - Miscellaneous 1,847 1,891 1,615 - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 850,161 906,802 970,234 939,672 - 939,672 - EXPENDITURES - IT Operations 2500 739,274 654,012 759,722 872,844 - 872,844 Capital Outlay 2500 80,200 55,393 61,500 106,500 - 106,500 Transfers Out 9000 - - - - - - Rounding (1) - - - - - Total Expenditures 819,473 709,405 821,222 979,344 - 979,344 Net Income (Loss)30,688 197,397 149,013 (39,672) - (39,672) Beginning Fund Balance 276,297 306,985 504,382 653,393 653,393 653,393 Ending Fund Balance 306,985 504,382 653,395 613,721 653,393 613,721 BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT INFORMATION SYSTEMS TECHNOLOGY FUND # 625 TOWN OF ESTES PARK Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services 455,898 478,139 517,006 646,557 - 646,557 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 857 484 201 500 - 500 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds 15,000 - - - - - Sale of assets 23,757 (60) (38,389) - - - Financing Proceeds - - - - - - Total Revenues 495,512 478,563 478,818 647,057 - 647,057 EXPENDITURES Fleet Replacement Operations 3500 - - - - - - Capital Outlay 7000 243,430 123,559 7,572 793,332 - 793,332 Transfers Out 9000 - - - 17,381 - 17,381 Rounding - 2 - - - - Total Expenditures 243,430 123,561 7,572 810,713 - 810,713 Net Income (Loss)252,082 355,002 471,246 (163,656) - (163,656) Beginning Fund Balance 319,092 571,174 926,176 1,438,512 1,438,512 1,438,512 Ending Fund Balance 571,174 926,176 1,397,422 1,274,856 1,438,512 1,274,856 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT VEHICLE REPLACEMENT FUND # 635 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget - REVENUE - Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services 271,616 307,344 358,356 395,500 - 395,500 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income - - - - - - Donations - - - - - - Miscellaneous 55 287 5,202 - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 271,671 307,631 363,558 395,500 - 395,500 EXPENDITURES Risk Management Operations 4100 271,627 307,015 328,353 395,500 - 395,500 Rounding - - - - - - Total Expenditures 271,627 307,015 328,353 395,500 - 395,500 Net Income (Loss)44 616 35,205 - - - Beginning Fund Balance - 44 660 35,866 35,866 35,866 Ending Fund Balance 44 660 35,865 35,866 35,866 35,866 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY BY FUND & DEPARTMENT RISK MANAGEMENT FUND # 645 General Fund Community Reinvestment Fund Total Total Revenues 25,298,206 7,544,916 32,843,122 Less: Capital & One Time Grants (One time funds)953,564 1,230,116 2,183,680 Transfer from Fleet Replacement Fund - 17,381 Transfers between GF & CRF - 6,278,919 6,278,919 953,564 7,526,416 8,479,980 Net Ongoing Revenues 24,344,642 18,500 24,363,142 Total Expenditures 30,133,222 7,844,386 37,977,608 Less: Transfers between GF & CRF 6,278,919 - 6,278,919 Less Significant One Time Expenditures: Parking Garage Maint Reserve 101-1700-417-37-99 12,000 - 12,000 Workforce Housing Reserve 101-1945-419-37-98 85,000 - 85,000 Workforce Housing Assistance 415,000 - 415,000 Conting-Grants 101-1900-419-60-02 250,000 - 250,000 Comprehensive Land Use Plan 231,532 - 231,532 Housing Needs Study 73,000 - 73,000 Facility Needs Study - 21,990 21,990 Capital 574,151 6,757,013 7,331,164 One Time Transfer to Fleet for final Water Shop Pmt 135,000 - 135,000 1,775,683 6,779,003 8,554,686 Net Ongoing Expenditures 22,078,620 1,065,383 23,144,003 Net Ongoing Rev vs Exp 2,266,022 (1,046,883) 1,219,139 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS GENERAL & COMMUNITY REINVESTMENT FUNDS ONGOING REVENUES VS ONGONG EXPENDITURES General Fund Comm Reinvestment Fund Total Fund Balance 11,331,871$ 171$ 11,332,042$ Reserves to Exclude Parking Garage Maintenance Reserve 48,000 48,000 Capital Reserves 600,000 600,000 Workforce Housing Reserve 85,000 85,000 Prepaids and Restricted Donations Estimate 207,739 207,739 340,739 600,000 940,739 Fund Balance Subject to Reserve Calculation 10,991,132 (599,829) 10,391,303 Total Expenditures 30,133,222 7,844,386 37,977,608 Less Transfers Out Between GF & CRF 6,278,919 - 6,278,919 Net Expenditures 23,854,303 7,844,386 31,698,689 Less Capital Expenditures General Fund 574,151 - 574,151 Community Reinvestment Fund - 6,757,013 6,757,013 Total Capital to Exclude 574,151 6,757,013 7,331,164 Total Expenditures Subject to Reserve Calculation 23,280,152$ 1,087,373$ 24,367,525$ 25% Reserve Per Policy 660 6,091,881 Projected Reserve Ratio as of 12-31-2022 42.6% TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS GENERAL & COMMUNITY REINVESTMENT FUNDS FUND BALANCE RESERVE RATIO Fund Account # Project Code Project Descr Grant Program / Grantor Federal / State / Other 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget 101 101-1600-334.20-00 EVLTGT EV Land Trust Grant GOCO S -$ -$ 101 101-1600-334.20-00 COMPPL Comp Plan Grant DOLA S 150,000 150,000 101 101-1945-334.20-00 *22HSN Housing Needs Study Grant DOLA S 51,000 51,000 101 101-1900-334.20-00 COVBUS Colorado Small Business Relief Program State of Colorado S - - 101 101-2100-333.00-00 BVEST Bulletproof Vest Partnership Program US Dept of Justice F 1,500 1,500 101 101-2100-334.20-00 CDOT High Visibility Enforcement (Seatbelt and DUI Checkpoints)State of Colorado S - - 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S - - 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,834 5,834 101 101-2100-334.20-00 LEAF LEAF State of Colorado S - - 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,000 5,000 101 101-2100-334.20-00 LEAF LEAF State of Colorado S 7,000 7,000 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado 5,625 5,625 101 101-2100-334.20-00 CDOT High Visibility Enforcement (Seatbelt and DUI Checkpoints)State of Colorado S 5,000 5,000 101 101-2175-334.20-00 LPTOP2 Restorative Justice Remote Conferencing TCDOT-RMS Grant S - - 101 101-3100-334.20-00 *SIGNS Revitalizing Main St Program CDOT F - - 101 101-5500-334.20-00 *WINTR Revitalizing Main St Program CDOT S - - 101 101-5600-333.00-00 ELTRL2 Electric Trolley #2 CDOT F 382,547 382,547 101 101-5600-333.00-00 COVTRN COVID-19 Transit Operations CARES Act F - - 101 101-5600-333.00-00 CRRSAA Coronavirus Response & Relief Suppl Approp Allocation CRRSSA Federal Grant F 361,017 361,017 101 101-5600-333.00-00 *TR22 2022 Transit 5311 Operating Grant FTA-5311 F 51,481 51,481 101 101-5700-365.20-00 MUSSCN Museum Large Format Scanner Trust Fund Donation O 5,663 5,663 101 101-5700-365.20-00 MUSSCN Museum Large Format Scanner Friends of the Museum Foundation O 3,337 3,337 101 Total 1,035,004 - 1,035,004 204 204-0000-333.00-00 COMMDR Community Drive Intersection CDOT F 750,000 - 750,000 204 204-0000-333.00-00 BIGTHF Big Thompson Flood Mitigation Design FEMA F 410,625 410,625 204 204-0000-334.20-00 WILL22 Willow Knolls - Birch Ruins Walkway State of Colorado S 19,491 19,491 204 204-0000-334.20-00 34STDY US 34 Corridor Study CDOT S 50,000 50,000 204 Total 1,230,116 - 1,230,116 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY OF BUDGETED GRANT REVENUES, DONATIONS AND DEBT PROCEEDS ALL FUNDS Fund Account # Project Code Project Descr Grant Program / Grantor Federal / State / Other 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY OF BUDGETED GRANT REVENUES, DONATIONS AND DEBT PROCEEDS ALL FUNDS 220 220-0000-333.00-00 FRTR3 Fall River Trail Phase 3 Dept of Interior - Nat'l Park Service F - - 220 220-0000-333.00-00 FRTR2A Fall River Trail Phase 2A Recreation Trail Grant Program F - - 220 220-0000-334.10-00 PICNIC Big Thompson River Picnic Area (Pkg Gar)GOCO S 43,275 43,275 220 220-0000-334.30-00 FRTR1B Fall River Trail Phase 1B MTF M405-026 S 448,226 448,226 220 220-0000-334.30-00 ROCK Climbing Rock Big Thompson River Picnic Area Visit Estes Park O - - 220 Total 491,501 - 491,501 236 236-0000-334.20-00 LPTOP3 Police EOC Computer Repl CDOT-RMS Grant S - - 236 Total - - - 244 244-0000-333.00-00 GRAVES Graves Ave Trail Grant Safe Routes to School F 500,000 500,000 244 244-0000-333.00-00 FRTR1A Fall River Trail Phase 1A TAP M405-025 F 955,000 955,000 244 244-0000-334.30-00 FRTR2B Fall River Trail Phase 2B Colorado the Beautiful S 363,706 363,706 244 244-0000-334.40-00 FRTR3 Fall River Trail Phase 3 Rocky Mnt Conservancy O 120,039 120,039 244 244-0000-334.40-00 FRTR2B Fall River Trail Phase 2B EV Parks and Rec District O 50,000 50,000 244 244-0000-334.40-00 FRTR2B Fall River Trail Phase 2B Larimer County Dept of Nat Res O 10,000 10,000 244 Total 1,998,745 - 1,998,745 256 256-0000-334.20-00 *EVPLN Electric Vehicle Infrastructure Plan DOLA - EIAF S - - 256 Total - - - 260 260-0000-334.30-00 EPMOBH EP Mobility Hub - Visitor Center Parking Lot CDOT S 1,030,000 1,030,000 260 Total 1,030,000 - 1,030,000 Fund Account # Project Code Project Descr Grant Program / Grantor Federal / State / Other 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SUMMARY OF BUDGETED GRANT REVENUES, DONATIONS AND DEBT PROCEEDS ALL FUNDS 502 502-0000-333.00-00 TBARPA Trailblazer Buildout - ARPA UD Dept of Treasury F 1,615,173 1,615,173 502 502-0000-334.30-00 TBDOLA Trailblazer Buildout - Dola Grant DOLA S - 1,190,250 1,190,250 502 Total 1,615,173 1,190,250 2,805,423 503 503-0000-333.00-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Grant F 6,547,000 - 6,547,000 503 503-0000-333.00-00 GCDOVE GC Disinfection Outreach & Verification Effort USDAGrant F 2,369,000 2,369,000 503 503-0000-333.00-00 WUSBOR BOR Water Meter Project US BOR F 75,000 75,000 503 503-0000-388.40-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Loan F 7,675,000 7,675,000 503 503-0000-388.40-00 GCDOVE GC Disinfection Outreach & Verification Effort USDA Loan F 4,493,000 4,493,000 503 Total 21,159,000 - 21,159,000 612 612-0000-333.00-00 ELTRCH Trolly Charging Station CDOT Grant F 301,714 301,714 612 612-0000-333.00-00 ELTRCH Trolly Charging Station Additional Federal Grant F 256,853 256,853 612 Total 558,567 - 558,567 625 625-0000-334.20-00 HOTSPT Wireless Hotspot Grant S - - 625 625-0000-334.20-00 PHONES Phone System Upgrade CDOT-RMS S - - 625 625-0000-334.20-00 LPTOP1 Laptop Grant CDOT CanDo Program S - - 625 Total - - - Grand Total 29,118,106$ 1,190,250$ 30,308,356$ Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget DOCUMENT MANAGEMENT SOFTWARE & EQUIP DOCMGT 101-1400-414.37-01 SOFTWARE 32,194$ -$ 32,194$ COMPREHENSIVE LAND USE PLAN COMPPL 101-1600-416.22-13 CONTRACT/SKILLED SVCS 231,532 231,532 PARKING GARAGE MAINTENANCE RESERVE PKGRES 101-1700-417.37-99 MAINTENANCE RESERVE 12,000 12,000 HOUSING STUDY/NEEDS ASSESSMENT *22HSN 101-1945-419.22-98 PROFESSIONAL SERVICES - OTHER 73,000 73,000 WORKFORCE HOUSING ASSISTANCE NA 101-1945-419.29-80 WORKFORCE HSNG ASSISTANCE 415,000 415,000 WORKFORCE HOUSING RESERVE WFHRES 101-1945-419.37-98 WORKFORCE HSNG RESERVES 85,000 85,000 VISITOR CENTER MAIN DOOR REPLACEMENT VCDOOR 101-2600-426.32-22 BUILDING REMODELING 55,000 55,000 VARIABLE MESSAGE SIGNS (CDOT COVID GRANT)*SIGNS 101-3100-431.34-98 OTHER MACHINERY/EQUIPMENT 8,587 8,587 2022 TRANSIT 5311 OPERATING GRANT *TR22 101-5600-456.22-60 TRANSPORTATION FEES 51,481 51,481 CRRSAA TRANSPORTATION GRANT CRRSAA 101-5600-456.22-60 TRANSPORTATION FEES 361,017 361,017 CRRSAA TRANSPORTATION GRANT CRRSAA 101-5600-456-25-04 VEHICLES & EQUIP R&M 1,300 1,300 ELECTRIC TROLLEY #2 - 2ND GRANT ELTRL2 101-5600-456.34-42 VEHICLES/TRUCKS 454,370 454,370 COBB-MACDONALD CABIN RE-ROOF CBNRF 101-5700-457.32-22 BUILDING REMODELING 15,000 15,000 MUSEUM LARGE FORMAT SCANNER MUSSCN 101-5700-457.33-32 OFFICE EQUIPMENT 9,000 9,000 *TOTAL GENERAL FUND 1,804,481 - 1,804,481 * TOWN WIDE FACILITIES SPACE NEEDS STUDY *SPACE 204-5400-544.22-98 PROF SVCS - OTHER 21,990 21,990 FACILITY OPPORTUNITY SITES - FIRST RIGHT OF REFUSAL FACOPP 204-5400-544.31-11 LAND 100,000 100,000 WILLOW KNOLLS - BIRCH RUINS WALKWAY WILL22 204-5400-544.31-13 LAND IMPROVEMENTS 26,000 26,000 MUSEUM ANNEX FOUNDATION REPAIRS MUSANX 204-5400-544.32-22 BUILDING REMODELING 12,200 12,200 MUSEUM BOYD BUILDING ROOF REPLACEMENT BOYDRF 204-5400-544.32-22 BUILDING REMODELING 32,000 32,000 STREET SHOP REMODEL STSHOP 204-5400-544.32-22 BUILDING REMODELING 299,000 299,000 TREGENT RESTROOM REMODEL TREGRR 204-5400-544.32-22 BUILDING REMODELING 315,000 315,000 EVENT CENTER ARENA FOOTING RENOVATION ARNA22 204-5400-544.32-22 BUILDING REMODELING 90,128 90,128 EVENT COMPLEX PAVING MPECPV 204-5400-544.32-22 BUILDING REMODELING 250,000 250,000 PERFORMANCE PARK REFURBISHMENT PERFPK 204-5400-544.32-22 BUILDING REMODELING 200,000 200,000 TOWN HALL AC UNIT REPLACEMENT - PHASE 1 & 2 ACUNIT 204-5400-544.33-31 FURNITURE/FIXTURES 440,000 440,000 EVENT CENTER PUBLIC ACCESS WIRELESS INTERNET ECWIRE 204-5400-544.33-36 COMMUNICATION EQUIPMENT 100,000 100,000 EVENT CENTER SECURITY CAMERA SYSTEM ECSEC 204-5400-544.33-98 EQUIPMENT-OTHER 148,500 148,500 STORMWATER CREW PICKUP G68C 204-5400-544.34-41 AUTOMOBILES 62,381 62,381 NEW OFFICER PATROL CAR G158 204-5400-544.34-41 AUTOMOBILES 70,000 70,000 COMMUNITY DR INTERSECTION CONSTRUCTION CDINTR 204-5400-544.35-51 STREETS 1,938,244 1,938,244 COMMUNITY DR ENGINEERING DESIGN COMMDR 204-5400-544.35-51 STREETS 160,827 160,827 BIG THOMPSON FLOOD MITIGATION DESIGN BIGTHF 204-5400-544.35-53 STORM DRAINAGE 550,000 550,000 GRAVES AVE IMPROVEMENT- SCOPE EXPANSION GRAVES 204-5400-544.35-60 WALKWAYS & BIKEWAYS 250,000 250,000 DOWNTOWN WAYFINDING PROJECT - PHASE 1 & 2 WAYFND 204-5400-544.35-63 WAYFINDING SIGNAGE 212,733 212,733 FLAP/RAMP ESTIMATED COSTS FLAP 204-5400-544.36-60 FED GRANT - FLAP 1,500,000 1,500,000 TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SCHEDULE OF BUDGETED PROJECTS ALL FUNDS Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SCHEDULE OF BUDGETED PROJECTS ALL FUNDS *TOTAL COMMUNITY REINVESTMENT FUND 6,779,003 - 6,779,003 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SCHEDULE OF BUDGETED PROJECTS ALL FUNDS * THUMB OPEN SPACE ACQUISITION THMBGO 211-5900-459.31-11 LAND - - THUMB OPEN SPACE PARKING IMPROVEMENTS THMBPK 211-5900-459.35-61 PARK IMPROVEMENTS 19,000 19,000 *TOTAL CONSERVATON TRUST FUND 19,000 - 19,000 * THUMB OPEN SPACE ECOLOGICAL ASSESSMENT *THUMB 220-4600-462-22-13 PROF SVCS - CONTRACT/SKILLED SVC 2,080 2,080 THUMB OPEN SPACE ROCK FALL STUDY *THUMB 220-4600-462-22-13 PROF SVCS - CONTRACT/SKILLED SVC 10,000 10,000 BIG THOMPSON RIVER PICNIC AREA (PKG GAR PAVILION) (GOCO PICNIC 220-4600-462.35-61 PARK IMPROVEMENTS 41,094 41,094 THUMB OS - GATE ON CURRY DRIVE THGATE 220-4600-462.35-61 PARK IMPROVEMENTS 16,000 16,000 THUMB OS - KIOSK & SIGNS THKIOS 220-4600-462.35-61 PARK IMPROVEMENTS 6,500 6,500 THUMB OS - TRAIL IMPROVEMENTS THTIMP 220-4600-462.35-61 PARK IMPROVEMENTS 30,240 30,240 CLIMBING ROCK BIG THOMPSON RIVER PICNIC AREA ROCK 220-4600-462.35-61 PARK IMPROVEMENTS 34,489 34,489 FALL RIVER TRAIL PHASE 1B (MTF GRANT)FRTR1B 220-4600-462.36-60 FALL RIVER TRAIL IMPR 1,806,620 1,806,620 FALL RIVER TRAIL PHASE 2A FRTR2A 220-4600-462.36-60 FALL RIVER TRAIL IMPR - - FALL RIVER TRAIL PHASE 3 FRTR3 220-4600-462.36-60 FALL RIVER TRAIL IMPR - - *TOTAL LARIMER COUNTY OPEN SPACE FUND 1,947,023 - 1,947,023 * POLICE EOC COMPUTER REPL LPTOP3 236-3600-436.26-33 DATA PROCESSING EQUIPMENT - - *TOTAL EMERGENCY RESPONSE SYSTEM FUND - - - * BRODIE TRAIL EXTENSION BRODIE 244-3400-434.35-60 WALKWAYS & BIKEWAYS - - GRAVES AVE TRAIL (SRT SCHOOL GRANT PROJECT)GRAVES 244-3400-434.35-60 WALKWAYS & BIKEWAYS 999,242 999,242 MACGREGOR TRAIL EXTENSION EVRPMT 244-3400-434-35-60 WALKWAYS & BIKEWAYS 12,500 12,500 FALL RIVER TRAIL FRTRL 244-3400-434.36-60 FALL RIVER TRAIL IMPR 112,390 112,390 FALL RIVER TRAIL PHASE 1A (TAP GRANT)FRTR1A 244-3400-434.36-60 FALL RIVER TRAIL IMPR 1,593,750 1,593,750 FALL RIVER TRAIL PHASE 2B FRTR2B 244-3400-434.36-60 FALL RIVER TRAIL IMPR 491,862 491,862 FALL RIVER TRAIL PHASE 3 FRTR3 244-3400-434.36-60 FALL RIVER TRAIL IMPR - - *TOTAL TRAILS FUND 3,209,744 - 3,209,744 * MISCELLANEOUS DATA PROCESSING EQUIP EQUIP 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 3,200 3,200 PARKING SERVICE SOFTWARE & EQUIP PKSOFT 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 48,562 48,562 *TOTAL PARKING SERVICES FUND 51,762 - 51,762 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SCHEDULE OF BUDGETED PROJECTS ALL FUNDS * PINE KNOLLS DR IMPROVEMENTS PKNOLL 260-2000-420.35-51 STREETS 70,462 70,462 WILDFIRE ROAD IMPROVEMENTS WLDFIR 260-2000-420.35-51 STREETS 11,000 11,000 CLEAVE STREET MAJOR REHAB CLEAVE 260-2000-420.35-51 STREETS 305,663 305,663 3RD STREET MAJOR REHAB 3STLR 260-2000-420.35-51 STREETS 604,200 604,200 OVERLAY PROGRAM 2021 OVRLAY 260-2000-420.35-51 STREETS 105,116 105,116 OVERLAY PROGRAM 2022 OVRLAY 260-2000-420.35-51 STREETS 635,000 635,000 PARKING LOT REHABILITATION PARKLT 260-2000-420.35-52 PARKING LOT 11,569 11,569 EP MOBILITY HUB - VISITOR CTR PARKING LOT EPMOBH 260-2000-420.35-52 PARKING LOT 1,287,000 1,287,000 FLAP/RAMP ESTIMATED COSTS FLAP 260-2000-420.36-60 FED GRANT - FLAP - - *TOTAL STREET FUND 3,030,010 - 3,030,010 * TRAILBLAZER BROADBAND OFFICE TBNBND 502-7001-580.32-21 BUILDINGS 310,374 310,374 WOODSTOCK FACILITY LANDSCAPING TBNBND 502-7001-580.32-22 BUILDING REMODELING 14,404 14,404 P&C UPSTAIRS REMODEL PROJECT PCUPST 502-7001-580.32-22 BUILDING REMODELING 27,000 27,000 WOODSTOCK OFFICE FURNITURE TBFURN 502-7001-580.33-32 FURNITURE/FIXTURES 44,773 44,773 METERS ELMTR 502-7001-580.33-34 METERS 150,000 150,000 TRANSFORMER & TRIP SAVERS TRANSF 502-7001-580.33-35 TRANSFORMERS 226,680 226,680 SMART METER PURCHASES SMRTEL 502-7001-580.33-36 COMMUNICATION EQUIPMENT 70,000 70,000 VC, REPEATERS, SPARE VC CARDS EQUIP 502-7001-580.33-36 COMMUNICATION EQUIPMENT 10,000 10,000 NONSPECIFIC EQUIPMENT EQUIP 502-7001-580.33-41 TOOLS 40,000 40,000 2 REEL TRAILERS - #93370 & 93371 REELTR 502-7001-580.33-98 OTHER EQUIPMENT 48,000 48,000 3 PHASE REEL TRAILER 933104 502-7001-580.33-98 OTHER EQUIPMENT 130,000 130,000 REPL 2013 JEEP FREEDOM 93313C 502-7001-580.33-98 OTHER EQUIPMENT 36,344 36,344 NEW ONE TON PICKUP 93345 502-7001-580.33-98 OTHER EQUIPMENT 75,000 75,000 REPL 2003 JD 310SG BACKHOE 93328B 502-7001-580.33-98 OTHER EQUIPMENT 140,000 140,000 REPL 2015 CHEV 3500 93338B 502-7001-580.33-98 OTHER EQUIPMENT 75,000 75,000 REPL ONE TON TRUCK WITH TWO 1/2 TON TRUCKS 93319C 502-7001-580.33-98 OTHER EQUIPMENT 45,000 45,000 REPL ONE TON TRUCK WITH TWO 1/2 TON TRUCKS 93335A 502-7001-580.33-98 OTHER EQUIPMENT 45,000 45,000 STREET LIGHTING, POLES & FIXTURES LIGHTS 502-7001-580.35-55 STREET LIGHTS 40,000 40,000 SMART FUSES (INTELLIRUPTER & TRIP SAVERS)SMTFUS 502-7001-580.35-57 POWER LINE CONSTRUCTION 82,030 82,030 LINE REBUILD LRBLDS 502-7001-580.35-57 POWER LINE CONSTRUCTION 248,481 248,481 NEW SERVICE CONNECTIONS WOKEXT 502-7001-580.35-59 CUSTOMER SERVICE LINES 742,451 742,451 SMART GRID FIBER OPTIC INSTALL SMTFBR 502-7001-580.35-66 FIBER OPTIC INSTALL 3,694 3,694 TRAILBLAZER BROADBAND CONSTRUCTION TBNBND 502-7001-580.35-66 FIBER OPTIC INSTALL 9,870,661 9,870,661 TRAILBLAZER BROADBAND CONSTRUCTION - DOLA TBDOLA 502-7001-580.35-66 FIBER OPTIC INSTALL - 1,190,250 1,190,250 GIS MAPPING IMPROVEMENTS GIS18 502-7001-580.37-01 SOFTWARE DEVELOPMENT 104,114 104,114 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SCHEDULE OF BUDGETED PROJECTS ALL FUNDS SMART GRID SOFTWARE/MIDDLEWARE DEVELOPMENT SMTGRD 502-7001-580.37-01 SOFTWARE DEVELOPMENT 20,000 20,000 UTILITY BILLING MODERNIZATON PROJECT UBPRTL 502-7001-580.37-01 SOFTWARE DEVELOPMENT 5,000 5,000 *TOTAL POWER & COMMUNICATIONS FUND 12,604,006 1,190,250 13,794,256 * GLACIER CREEK WTP - DISCHARGE OUT STRUCTURE GCDSCH 503-7000-580.32-22 BUILDING REMODELING 50,000 50,000 BROOK DRIVE WATER SHOP REMODEL (KEARNEY SHOP)KEARNY 503-7000-580.32-22 BUILDING REMODELING 59,555 59,555 GCWTP ENGINEERING FOR INTAKE & PLANT IMPR GCTRET 503-7000-580.32-22 BUILDING REMODELING - - Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SCHEDULE OF BUDGETED PROJECTS ALL FUNDS GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.32-22 BUILDING REMODELING 183,941 183,941 GENERAL OFFICE EQUIPMENT REPLACEMENT EQUIP 503-7000-580.33-32 OFFICE EQUIPMENT 6,000 6,000 METER REPLACEMENT PROJECT SMRTW 503-7000-580.33-34 METERS - - BOR WATER METER REPLACEMENT PROJECT WUSBOR 503-7000-580-33-34 METERS 183,390 183,390 SCADA UPGRADES AT GLACIER WTP GPSCAD 503-7000-580.33-36 COMMUNICATION EQUIPMENT 57,523 57,523 SCADA VHF REPEATER & RADIOS EQUIP 503-7000-580.33-36 COMMUNICATION EQUIPMENT 90,893 90,893 TOC AUTOSAMPLER & LAPTOP ATSAMP 503-7000-580.33-37 LABORATORY EQUIPMENT 17,000 17,000 STORAGE TANK MIXER WTRMXR 503-7000-580.33-40 PURIFICATION EQUIPMENT 19,150 19,150 CONFINED SPACE ENTRY EQUIPMENT WTTOOL 503-7000-580.33-41 TOOLS 15,000 15,000 SAFETY EQUIP (TRENCH BOXES AND SPEED SHORING EQUIP)WTTOOL 503-7000-580.33-41 TOOLS 5,000 5,000 LEAK CORRELATOR EQUIP LEAKCO 503-7000-580.33-98 OTHER EQUIPMENT 30,000 30,000 BULK WATER DISPENSER REPLACEMENT WTRDIS 503-7000-580.33-98 OTHER EQUIPMENT 150,000 150,000 EXCAVATOR & SKID STEER ANNUAL TRADE-INS EQUIP 503-7000-580.33-98 OTHER EQUIPMENT 8,000 8,000 CHEV COLORADO PICKUP 90314 503-7000-580.34-42 TRUCKS 3,345 3,345 JOBSITE UTV 90383 503-7000-580.34-42 TRUCKS 20,000 20,000 2011 FORD F-350 UNIT 9037A REPL 9037B 503-7000-580.34-42 TRUCKS 62,471 62,471 2007 FORD F-150 UNIT 90311A REPL 90311B 503-7000-580.34-42 TRUCKS 3,362 3,362 2013 Dodge 3500 90310B 503-7000-580.34-42 TRUCKS 64,000 64,000 2011 FORD EXPLORER REPL 9035B 503-7000-580.34-42 TRUCKS 31,300 31,300 2012 FORD F-350 4X4 REPL 9036B 503-7000-580.34-42 TRUCKS 59,700 59,700 PROSPECT MTN WATER DIST - LOAN IMPROVEMENTS PMLOAN 503-7000-580.35-54 WATER SYSTEM 10,589,145 10,589,145 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 79,048 79,048 CIP ROCKWELL/WEST RIVERSIDE DR 16" MAIN ROCKWL 503-7000-580.35-54 WATER SYSTEM 95,053 95,053 CIP BUREAU AREA PHASE 4 WTBRP4 503-7000-580.35-54 WATER SYSTEM 2,169,176 2,169,176 ACACIA 4" ABANDONMENT ACACA4 503-7000-580.35-54 WATER SYSTEM 29,000 29,000 1360 BROOK DRIVE WATER SHOP WATERLINE (KEARNEY SHOP)KEARNY 503-7000-580.35-54 WATER SYSTEM - - PARKING STRUCTURE WATERLINE PKGWTR 503-7000-580.35-54 WATER SYSTEM - - BIG HORN DR WATER MAIN REPL BHWTRM 503-7000-580.35-54 WATER SYSTEM - - SPRUCE DRIVE WATER MAIN REPL SPWTRM 503-7000-580.35-54 WATER SYSTEM - - DEVILS GULCH WATER LINE EXTENSION DEVEXT 503-7000-580.35-54 WATER SYSTEM - - GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.35-54 WATER SYSTEM 10,043,300 10,043,300 CARRIAGE DRIVE WATER MAIN REPL CAHILL 503-7000-580.35-54 WATER SYSTEM 271,079 271,079 YMCA/THUNDER MOUNTAIN PUMP HOUSE THRMTN 503-7000-580.35-54 WATER SYSTEM 217,798 217,798 THUNDER MOUNTAIN TANK FIBER PMTANK 503-7000-580.35-54 WATER SYSTEM 52,000 52,000 ROCK GRIZZLY DIRT SCREEN RCKGRZ 503-7000-580.35-54 WATER SYSTEM 21,000 21,000 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SCHEDULE OF BUDGETED PROJECTS ALL FUNDS UTILITY MASTER PLAN WTRMPL 503-7000-580.35-62 UT SYSTEM MASTER PLAN 300,000 300,000 WTR RISK ASSESSMT & EMERG RESPONSE PLAN UPDATE WTREMG 503-7000-580.35-62 UT SYSTEM MASTER PLAN 69,024 69,024 GIS WORK WTRGIS 503-7000-580.37-01 SOFTWARE DEVELOPMENT 19,725 19,725 CIP USA WATER RIGHTS WITH BOR WTRRBR 503-7000-580.37-10 WATER RIGHTS 31,797 31,797 WATER RIGHT ACQUISITION/RENEWAL WTRRIT 503-7000-580.37-10 WATER RIGHTS 40,000 40,000 *TOTAL WATER FUND 25,266,775 - 25,266,775 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#7 - FINAL YEAR END AMENDMENTS SCHEDULE OF BUDGETED PROJECTS ALL FUNDS * PURCH WATER SHOP FOR NEW FLEET MAINT FAC FLSHOP 612-7000-610.32-21 BUILDINGS 400,000 400,000 DESIGN FOR REMODEL OF WATER SHOP FOR PW FLSHOP 612-7000-610.32-22 BUILDING REMODELING 158,143 158,143 ELECTRIC TROLLEY FACILITY & CHG STATION ELTRCH 612-7000-610.32-22 BUILDING REMODELING 622,780 622,780 *TOTAL FLEET MAINTENANCE FUND 1,180,923 - 1,180,923 * DELL SERVERS & 10 G SWITCHES & NAS STORAGE NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 89,000 89,000 MPEC SERVER ROOM AC UNIT ACMPEC 625-2500-425.33-98 OTHER EQUIPMENT 17,500 17,500 *TOTAL INFORMATION TECHNOLOGY FUND 106,500 - 106,500 * POLICE G-155 CRUISER REPLACEMENT G-155A 635-7000-435.34-42 TRUCKS 64,000 64,000 POLICE CRUISER G-98A G-98B 635-7000-435.34-42 TRUCKS 21,068 21,068 POLICE CRUISER G-140A G-140A 635-7000-435.34-42 TRUCKS 60,000 60,000 STREETS -NEW STREET SWEEPER COMBINE G116A & G97B G116A 635-7000-435.34-42 TRUCKS 248,526 248,526 PARKS G-66B G66C 635-7000-435.34-42 TRUCKS 42,000 42,000 FLEET G-61 G61A 635-7000-435.34-42 TRUCKS 70,450 70,450 POLICE CRUISER REPL G142A 635-7000-435.34-42 TRUCKS 70,000 70,000 POLICE CRUISER REPL G148A 635-7000-435.34-42 TRUCKS 70,000 70,000 POLICE CRUISER REPL G71C 635-7000-435.34-42 TRUCKS 70,000 70,000 PARKS FORD RANGER PICKUP G45C 635-7000-435.34-42 TRUCKS 30,000 30,000 PARKS 4X4 UTILITY VEHICLE G114B 635-7000-435.34-42 TRUCKS 16,000 16,000 PARKS 4X4 UTILITY VEHICLE G128A 635-7000-435.34-42 TRUCKS 16,000 16,000 PARKS VANTAGE CART REPLACEMENT G202A 635-7000-435.34-42 TRUCKS 15,288 15,288 *TOTAL VEHICLE REPLACEMENT FUND 793,332 - 793,332 * *TOTAL PROJECT RECAP 56,792,559$ 1,190,250$ 57,982,809$ 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 2 – ORDINANCE 19-22 RIGHT-OF-WAY VACATION, PINE ROAD PLATTED WITHIN THE JAMES-MCINTYRE SUBDIVISION, 1630 FALL RIVER ROAD, BRIAN HANSEN, HANSEN AND DALE RESORTS LLC/APPLICANT. At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application. Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing open. 2. STAFF REPORT. Review the staff report. Review any conditions for approval not in the staff report. 3. APPLICANT. The applicant makes their presentation. 4. PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5. REBUTTAL. The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. 2 6. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the application. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 7. SUGGESTED MOTION. Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: December 13, 2022 RE: Ordinance 19-22, Right-of-Way Vacation, Pine Road Platted Within the James- McIntyre Subdivision, 1630 Fall River Road, Brian Hansen, Hansen and Dale Resorts LLC, Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: The Applicant is requesting an ordinance to vacate a platted, but unconstructed Right-of-Way. Present Situation: The Applicant recently submitted the “Dream View Development Plan” to add 11 Accommodations Units and related improvements to the subject property, located at 1630 Fall River Road, and is in the A (Accommodations) Zoning District. Planning staff reviewed the application and determined that there were parking improvements proposed within the area of the platted Pine Road Right-of- Way. Pine Road was dedicated to the public with the James-McIntyre Subdivision, and the plat is recorded with the Larimer County Clerk and Recorder at Book 6, Page 8, on 02/24/1947, but it was never constructed. An excerpt of the James-McIntyre plat with Pine Road extending along the eastern edge of Lot 1 is attached. Staff notes Lot 6 is under the same ownership as Lot 1, with both lots under one Assessor’s Tax Parcel number. The Dream View Development Plan proposes development only on Lot 1. Proposal: Town staff have determined Pine Road is not needed as a Town Street, and should be vacated in order for the applicant to utilize a portion of the Right-of-Way for proposed development. The vacation requires approval by the Town Board by ordinance. Memo COMMUNITY DEVELOPMENT Advantages: • Vacating the Right-of-Way will not cause any land to be without access to an established public road. • The proposed vacation removes a platted Right-of-Way that will not be used or constructed, providing more useable development area for the property owner. Disadvantages: • No disadvantages have been identified. Action Recommended: Staff recommends approval to vacate Pine Road. Budget: N/A Level of Public Interest: Low. As of November 23, 2022 no comments have been received regarding the proposed Right- of-Way vacation. Recommended Motion: I move to approve/deny Ordinance 19-22. Attachments: 1. Ordinance 19-22 2. Exhibit A, Right-of-Way Vacation 3. Vicinity Map 4. Statement of Intent 5. Application 6. Excerpt From Plat ORDINANCE NO. 19-22 AN ORDINANCE VACATING THE PINE ROAD RIGHT OF WAY, PLATTED WITHIN THE JAMES-MCINTYRE SUBDIVISION WHEREAS, the applicant, Brian Hansen, Hansen and Dale Resorts LLC, has requested that the Town vacate Pine Road, a platted right-of-way; and WHEREAS, the Town of Estes Park Community Development Department has determined it is necessary to vacate the right-of-way in order to facilitate the Dream View Development Plan project located at 1630 Fall River Road; and WHEREAS, Pine Road was platted but was never constructed, and is not needed for access or for the Town’s street system; and WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town to permanently vacate platted Pine Road as more fully set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: The Board of Trustees of the Town of Estes Park, Colorado hereby vacates Pine Road as set forth on Exhibit A. The Town Administrator or designee shall record this Ordinance with the County Clerk and Recorder. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado, this day of , 2022. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2022 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the ________ day of , 2022, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 PINE ROAD RIGHT-OF-WAY (AS SHOWN ON THE PLAT OF RECORD FOR JAMES-MCINTYRE SUBDIVISION, RECEPTION #577360) POINT OF BEGINNING www.trailridgece.com 970-308-8221 dbangs@trailridgece.com2191 LARKSPUR AVENUE, ESTES PARK, CO 80517 1 PINE ROAD RIGHT-OF-WAY VACATION EXHIBIT A SCALE: 1" = 40' 80'40'0 BOARD OF TRUSTEES CERTIFICATE APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, ON THE ____ DAY OF ______________, 2022 ________________________________________________________________ TOWN CLERK MAYOR LEGAL DESCRIPTION A PARCEL OF LAND DEPICTED AS "PINE ROAD" ON THE PLAT OF JAMES-MCINTYRE SUBDIVISION, RECORDED AT RECEPTION #577360 OF THE LARIMER COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF "PINE ROAD" ON THE PLAT OF JAMES-MCINTYRE SUBDIVISION TO BEAR N00°36'E WITH ALL BEARINGS CONTAINED HEREON RELATIVE THERETO: BEGINNING AT THE SOUTHWEST CORNER OF SAID "PINE ROAD", JAMES-MCINTYRE SUBDIVISION: THENCE N77°52'E, 30.00'; THENCE N00°36'E, 466.67' MORE OR LESS TO THE SOUTH RIGHT-OF-WAY LINE FOR FALL RIVER ROAD (U.S. 34); THENCE ALONG SAID RIGHT-OF-WAY LINE S77°52'W, 30.00', THENCE LEAVING SAID RIGHT-OF-WAY LINE S00°36'W, 466.67' MORE OR LESS TO THE POINT OF BEGINNING. SAID AREA CONTAINING 13,655.8 S.F. MORE OR LESS, AND SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD, TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO RIGHT-OF-WAY VACATION EXHIBIT A PINE ROAD ATTACHMENT 2 Pine Road(To Be Vacated) Fall Riv e r Fall River F A L L R I V E R R D WELKHORN AV E FALL R I V E R LN WWONDERVIEWAVE ELM R D OLDR A N G E R D R SLEEPYHOLLOW C T CASTLEMOUNTAIN R D - Vicinity MapROW VacationPine Road ATTACHMENT 3 PAGE 1 OF 2 October 19, 2022 Community Development Department Town of Estes Park 970-577-3729 RE: Statement of Intent for Pine Road Right-Of-Way Vacation To Whom it May Concern: Trail Ridge Consulting Engineers, LLC is pleased to submit this Application for Right of Way (ROW) Vacation on behalf of the owners of the property located at 1630 Fall River Road. This letter is to serve as the Statement of Intent for the proposed project. Please refer to the Right of Way Vacation Exhibit submitted herewith for specific details regarding the proposed project. Project Information The subject property is located adjacent to 1630 Fall River Road with approximately 0.32 acres of land area. This portion of Town owned ROW was discovered during survey and title research for a proposed development of 1630 Fall River Rd. This portion of ROW has not historically or currently been used by the public. The ROW vacation request is for the portion of ROW measuring approximately 30’ x 466’ to be merged to 1630 Fall River Rd. Compliance with General Development and Subdivision Standards Zoning District Standards: Zoning is to remain unchanged. ROW will be merged to existing lot, zoned A-Accommodations ATTACHMENT 4 PAGE 2 OF 2 Transportation: Transportation impact will not be affected by ROW vacation. Electric- Town of Estes Park Existing electric to be buried during proposed development. The proposed vacated ROW will not affect existing electric services. Easements can be provided as needed. Water- Town of Estes Park The proposed vacated road will not affect existing water services. Sewer- Upper Thompson Sanitation District The proposed ROW vacation will not affect existing sewer services. Natural Gas- Xcel Energy The proposed ROW vacation will not affect existing gas services. Communications/Broadband- TDS or Century Link The proposed ROW vacation will not affect existing communications services Access The ROW vacation will include the entire 30’ X 466’ area to be merged with 1630 Fall River Rd. Access to existing public right of way along Fall River will not be affected. We thank you for time and consideration of the requested ROW vacation. If there are any questions about the project or items discussed above, please do not hesitate to contact me at 970-308-8221. Sincerely, David Bangs, P.E. Principal Engineer Trail Ridge Consulting Engineers, LLC Revised 2020.04.23 ks Condominium Map Preliminary Map Final Map Pre-App Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat Project Description Lot Size Area of Disturbance in Acres Proposed Land Use Town Well None T own Well None Existing Sanitary Sewer Service EPSD UTSD Septic None Proposed Sanitary Sewer Service EPSD UTSD Septic Is a sewer lift station required?Yes No Existing Gas Service Other None Existing Zoning Proposed Zoning Are there wetlands on the site?Yes No Site staking must be completed at the time application is submitted. Complete?Yes No Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Owner Applicant Consultant/Engineer Existing Land Use Existing Water Service Attachments Proposed Water Service Site Access (if not on public street) Please review the Estes Park Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Project Address Parcel ID # Legal Description General Information Boundary Line Adjustment ROW or Easement Vacation Street Name Change Time Rezoning Petition Annexation Request Extension Other: Please specify Project Name Supplemental Map ESTES PARK PLANNING DEPARTMENT APPLICATION Type of Application Submittal Date: Site Information Application fee Statement of intent 2 copies (folded) of plat or plan 11" X 17" reduced copy of plat or plan Xcel Primary Contact Information Community Development Department Phone: (970) 577-3721  Fax: (970) 586-0249  www.estes.org/CommunityDevelopment Town of Estes Park  P.O. Box 1200  170 MacGregor Avenue  Estes Park, CO 80517 Other (specify) Other (specify) Digital Copies of plats/plans in TIFF or PDF format emailed to planning@estes.org PLEASE CHECK ONLY ONE BOX Sign Purchase ($10) ATTACHMENT 5 Revised 2020.04.23 ks Consultant/Engineer PLEASE PRINT: PLEASE PRINT: Date DateApplicant Record Owner Applicant Fax Names: Email Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. Phone Cell Phone Mailing Address Applicant Fax Phone Email Contact Information Phone Cell Phone Cell Phone Mailing Address Mailing Address Record Owner(s) Email Signatures: Fax I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. MINERAL RIGHT CERTIFICATION APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or view the fee schedule online at www.estes.org/planningforms All requests for refunds must be made in writing. All fees are due at the time of submittal. Record Owner Revised 2020.04.23 ks ► ► ► ► ► ► ► ► ► PLEASE PRINT: PLEASE PRINT: Date Date APPLICANT CERTIFICATION I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC. http://www.estes.org/DevCode Record Owner Applicant Signatures: I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. Record Owner Applicant I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. Names: In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: Excerpt from James-McIntyre Subdivision Plat FALL RIVER ROAD PINE ROAD (TO BE VACATED) ATTACHMENT 6 12/14/2022 1 Town Board Hearing, December 13, 2022 Right-of-Way Vacation Proposal to vacate Pine Road, platted in 1947 Road is not constructed and not needed for access Hansen and Dale Resorts, LLC, Brian Hansen (Owner/Applicant) 1630 Fall River Road 2 1 2 12/14/2022 2 R.O.W. to be vacated for Dream View Development Plan 4 Excerpt from James- McIntyre Subdivision Plat 3 4 12/14/2022 3 5 Advantages: Vacating Pine Road will not cause any land to be without access The Vacation removes a platted r.o.w. that will not be used or constructed, providing a more useable development area for the property owner. Disadvantages: No disadvantages have been identified. Recommendation: Staff recommends approval of the Vacation and Ordinance. 5 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1.MAYOR. The next order of business will be the public hearing on ACTION ITEM 3 – ORDINANCE 20-22 AMENDING THE ESTES PARK MUNICIPAL CODE SECTION 5.20 REGARDING BUSINESS LICENSES. At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing open. 2.STAFF REPORT. Review the staff report. 3.PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4.MAYOR. Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the item. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 7.SUGGESTED MOTION. Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. TOWN CLERK OFFICE Memo To: Mayor Koenig Board of Trustees Through: Travis Machalek, Town Administrator From: Jackie Williamson, Town Clerk Dan Kramer, Town Attorney Date: December 13, 2022 RE: Ordinance 20-22 Amending the Estes Park Municipal Code Section 5.20 Regarding Business Licenses PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: To consider adoption of Ordinance 20-22 to address changes to the municipal code related to business licensing such as removing proration for newly opened license accounts after July 1st each year, adding a definition and regulations for timeshare/fractional ownership of a residential unit, adding and/or clarifying regulations for the transfer process of vacation homes, and adding a fee to the transfer the license and for reapplications. Present Situation: The Municipal Code currently outlines that the business license fee is prorated for a new application submitted after July 1st. For example, the annual business license is $50 for general licenses and the prorated fee is $25. The Town Clerk’s office has experienced a significant increase in the number of new businesses submitting the full fee for applications submitted after July 1st. This requires additional staff time to refund the overpayment of $25, including the Town Clerk’s staff producing a check request refund and Finance processing and sending the refund check, leading to well over $25 in staff time. At the Town Board’s November 8, 2022 study session, staff presented information on a new form of timeshare/fractional ownership that provides a group of individuals the opportunity to co-own high-end homes. As stated during the meeting, this type of ownership presents an alternative to owning and operating a short-term rental property, thereby eliminating the impact of the current residential cap on vacation homes. Other mountain communities in Colorado on the western slope have begun to see this type of ownership and have experienced regulatory issues similar to those the Town has outlined for vacation homes. Staff recommended the Board consider code language that would address the new ownership model and treat such properties as vacation homes in the licensing process. Additional clarification is needed in the vacation home business license regulations for the transfer of eligible properties, including clarification that a vacation home may continue to operate so long as a complete application has been submitted to the Town Clerk’s office. With the submittal of the transfer application the Town Clerk’s office issues a full registration packet and completes the licensing process which is substantially similar to a new application, therefore, staff recommends a transfer fee in the amount of a new/renewal fee. The workforce housing regulatory linkage fee is not required for a transfer so long as it was paid during the renewal of the license by January 31st of any given year. Applications for commercially zoned vacation homes commonly do not complete the application process within the timelines outlined in the municipal code. As there is no cap for commercially zoned properties, the property owners are able to reapply and start a new timeline creating an additional workload on staff. The current code does not provide for a new fee to be charged to cover the additional staff time. A reapplication fee has been introduced by staff in addition to the initial application fee. Proposal: The proposed ordinance addresses the items outlined above as follows: •Includes a definition for timeshare/fractional ownership and identifies them as vacation homes regardless of the occupancy length, thereby requiring them to be licensed, so long as they are structured so that the occupants change over at least four times per year. We expect that basing the definition on intended turnover frequency rather than occupancy length will make compliance easier to monitor. •Removes the proration of new business license fees for any new business, profession, occupation or accommodation. The annual fee will be collected regardless of when a business starts operating. •Adds a reapplication fee equivalent to the annual business license fee for applications that do not complete the process by the deadlines set in the code. •Outlining a property undergoing a transfer that has timely filed the application to transfer may continue to operate during the processing and issuance of the license to the new owners. •A notable miscellaneous update includes the establishment of a fine for operating a vacation home without the proper license equal to the maximum fine amount permissible, i.e. $2,650. Advantages: •Provide a definition for timeshare/fractional properties and define them as vacation homes requiring them to be licensed as such. •Streamline the licensing fee to simplify the licensing process and eliminate additional staff time to issue refunds. •Provide an incentive to commercially zoned property owners to complete the initial licensing process by establishing a reapplication fee. •Recover the staff time for the processing of transfer applications. •Addressing housekeeping items will provide additional clarity within the vacation home regulations for both the property owner and staff. Disadvantages: •The proposed changes will create additional fees for property owners for reapplications and transfer applications. Action Recommend: Approval of Ordinance 20-22 to amend Section 5.20. Finance/Resource Impact: Cost to codify the amended Municipal Code and additional revenue generated from reapplication and transfer fees. Level of Public Interest Medium. Vacation homeowners, property managers, and neighboring properties have a strong interest in amendments to the regulations for vacation homes. Sample Motion: I move to approve/deny Ordinance 20-22. Attachments: 1.Ordinance 20-22 2.Exhibit A ORDINANCE NO. 20-22 AN ORDINANCE AMENDING SECTION 5.20 OF THE ESTES PARK MUNICIPAL CODE REGARDING BUSINESS LICENSES WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend certain sections of the Municipal Code of the Town of Estes Park, Colorado to clarify and update business license regulations and procedures. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Chapter 5.20 of the Municipal Code of the Town of Estes Park is hereby amended, by adding underlined materials and deleting stricken materials, as set forth on Exhibit A. Ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. 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 _______________, 2022. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2022 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2022, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Title 5 Business Regulations and Licenses Chapter 5.20 Business Licenses . . . 5.20.020 Definitions. In this Chapter, the following words and phrases shall have the following meanings: . . . Timeshare/fractional ownership means a residential dwelling unit that is subject to or operates under any arrangement, plan, or design whereby occupancy rights to the dwelling unit are segmented over time, and the rights of occupancy by owners, lessees or holders (regardless of the form of ownership or the form in which the right to occupy is expressed) are recurring, either on a fixed schedule or a floating schedule, such that in any one year a change or turnover of occupancy may occur four or more times. Vacation home means a residential dwelling unit that is rented, leased or occupied for accommodation purposes for compensation for terms of less than thirty (30) days, and includes any timeshare/fractional ownership without regard to occupancy length. . . . 5.20.040 Business license requirements. Every person who is the owner of any business, profession, occupation or accommodation, including owners of multiple businesses at separate physical locations, shall obtain a business license from the Town as follows: (1)A business license shall be obtained prior to engaging in any business, profession, occupation or accommodation within the Town. (2)The owner shall complete all forms and provide all information required by the Town Clerk for obtaining a business license. (3)The owner, if required, shall complete an Affidavit of Lawful Presence and present valid identification required by Section 24-76.5-101, et seq., C.R.S., or any regulation of the State promulgated thereto. (34)The owner shall complete and/or provide all documentation and information required by the State and/or the United States for the issuance of a business license. (45)If the business is required to have a sales tax license by Colorado Law, the owner shall provide a copy of a current Colorado sales tax license. . . . 5.20.060 Payment of license fee. The owner of each business, profession, occupation or accommodation subject to the provisions of this Chapter shall pay the business license fee for each calendar year in which the owner engages in any business, profession, occupation or accommodation within the Town as follows: EXHIBIT A  ATTACHMENT 2 (1)Full payment is required on or before January 31 of each calendar year. Payments received after January 31 of each calendar year will be assessed a penalty of two hundred dollars ($200.00) in addition to the licensing fee. (2)Any new business, profession, occupation or accommodation which begins its business on or after January 1 and on or before June 30 shall pay the full amount of the business license fee. Any new business, profession, occupation or accommodation which begins its business on or after July 1 and on or before December 31 shall pay one-half (½) of the business license fee. All business license fees subject to this Subsection (2) shall be due and payable upon submittal of an application to the Town Clerk's office. (3)In the event any existing business license is not renewed in the subsequent calendar year on or before January 31, the business license shall be deemed to have lapsed. A new business license fee in full must be paid by the owner. There shall be no proration of this business license fee. (4)In the event that a nonsufficient funds (NSF) check is received, a twenty-dollar ($20.00) fee will be added to the account. . . . 5.20.110 Additional provisions for vacation homes and bed and breakfast inns. (a) Business license application requirements. (1) A business license for a vacation home or a bed and breakfast inn has also been known as an annual operating registration or an operating permit. All such terms refer to the same approval, which is a license from the Town to conduct such activities, valid for a single year. (2)Local representative. a.Vacation homes. The application for a business license for any vacation home shall designate a local resident or local property manager residing within either the Estes Valley Recreation and Park District boundary or the Estes Park School District R-3 boundary, who can be contacted by telephone and is available when the vacation home is rented, regarding any violation of the provisions of this Section. The person set forth on the application shall be the representative of the owner for immediate violation resolution purposes with regard to the operation of the vacation home. The local representative may be the same person as the property owner but shall provide a different address than the vacation home where the homeowner shall reside while the vacation home operates. b. Bed and breakfast inns. The application for a business license for any bed and breakfast inn shall designate the resident owner or on-site manager residing on the premises who can be contacted and is on the property twenty-four (24) hours per day when the bed and breakfast is in operation, regarding any violation of the provisions of this Section. The person set forth on the application shall be the representative of the owner for immediate violation resolution purposes with regard to the bed and breakfast inn. (3)Acknowledgment of regulations. A business license for a vacation home or bed and breakfast inn shall not be valid unless the property owner, and the designated local contact described in paragraph (2), above (if different), sign the business license application acknowledging all applicable vacation home or bed and breakfast inn regulations. (4)Registration License completion deadline. The Town Clerk issues registration packets upon finding that the business license application form is complete and, if the property is in a residential zone, that the property is eligible to proceed from any waitlist to licensure, based on the cap described in subsection (b), below. All requirements of the rRegistration packets, including successful completion of all required inspections, must be completed and submitted within ninety (90) days from issuance of the packet from the Town Clerk, except for the life safety inspection as described in paragraph (8) below. Registration packets not submitted and complete, as determined by the Town Clerk, within those ninety (90) days shall be void, as shall be the application itself. A new application may be made if this Section allows. a.Reapplication Fee. Where a home has been the subject of a void application for lapse of this ninety (90) day deadline, and another application is submitted for the same home within two years of the lapse, in addition to the license fee a reapplication fee must be submitted with the reapplication which shall be equivalent to the business license fee for the vacation home or bed and breakfast inn as enumerated in section 5.20.030, but not including the vacation home workforce housing regulatory linkage fee. (5)No more than one (1) business license shall be issued and effective in any given calendar year for each vacation home or bed and breakfast inn. (6)State sales tax license. A condition of issuance of the license shall be proof of a current sales tax license, provided by the applicant. (7)Initial cCompliance inspection. To be issued a new license, a vacation home or bed and breakfast inn must first undergo and pass an initial compliance inspection to ensure compliance with this Code and the regulations of the Development Code. (8)Life safety inspection. a.Requirement. To be issued a new license, a vacation home or bed and breakfast inn must first undergo and pass a life safety inspection or other required building inspection, as applicable, and receive a certificate of occupancy that allows for such use, such as described in Section 14.12.025 of this Code, section R327 of the International Residential Code as amended. b.Deadlines. If no such certificate of occupancy has been issued at the time the Town Clerk issues the registration packet as described in paragraph (4) above, the following deadlines shall apply: 1.The applicant must request the life safety inspection building permit from the Building Division, in the form and manner set by the division, within thirty (30) days of the issuance of the registration packet from the Town Clerk. 2.Upon issuance of the life safety inspection building permit, the applicant must complete an initial life safety inspection within thirty (30) days. 3.The applicant must complete and pass a final life safety inspection and obtain a certificate of occupancy that allows for the proposed use within ninety (90) days of the initial life safety inspection. c.Lapse. Failure to meet any of these deadlines shall automatically cause the application to lapse, and be void. A new application may be made if this Section allows. 1.Reapplication Fee. Where a home has been the subject of such a lapse, and another application is submitted for the same home within two years of the lapse, in addition to the license fee a reapplication fee must be submitted with the reapplication which shall be equivalent to the business license fee for the vacation home or bed and breakfast inn as enumerated in section 5.20.030, but not including the vacation home workforce housing regulatory linkage fee. d.Early inspection. Nothing in this Section shall prevent an applicant from requesting, undergoing, or completing the life safety inspection or receiving the necessary certificate of occupancy before the application is made or the registration packet is issued. (9)Neighbor notification. Prior to issuance of the an initial or transferred annual business license for a vacation home or bed and breakfast inn, the owner or local representative shall be responsible for mailing a written notice. a.Notice shall be mailed, with certificate of mailing or other method as approved by staff, to the owners of properties within one hundred (100) feet of the boundary of the subject property. b.Notices shall provide property address and 24/7 hotline phone number. c.Proof of mailing shall be provided to the Town Clerk prior to issuance of an initial or transferred annual business license. . . . (c)Transfer of business licenses and changes to local representatives. (1)Transfer. a.Transferable licenses. An active license for a specific vacation home or bed and breakfast inn that is not residentially zoned or that has been operating continuously (by new license, renewal, including any or approved transfer) under the required license since prior to the October 18, 2021 effective date of Ordinance 13-21 of the Town of Estes Park shall be transferable to a different owner in accordance with procedures in this Code, including paragraph (3) below, and in the form and manner established by the Town Clerk's Office. b.Other licenses. Licenses for vacation homes and bed and breakfast inns not addressed in subparagraph (a) above are not transferrable to any person upon sale or other transfer of ownership of the property. Upon such sale or transfer of ownership, the license shall terminate automatically and the new owner of the property shall apply for a vacation rental license if it wishes to continue the use of the property as a vacation rental. Such application shall be subject to any applicable waitlist. (2)Not transferable to different home. A license assigned to a vacation home or bed and breakfast inn shall not be transferred to another location of the same or different ownership. (3)Application required upon transfer. If the property owner changes during the annual period for which the vacation home or bed and breakfast inn has been licensed, and the license is eligible for transfer as described in paragraph (1) above, a new property owner of record must file an application to transfer the license into their name within thirty (30) days of transfer of ownership, and must ensure the vacation home or bed and breakfast inn is in compliance with all other Town regulations. Properly filing a complete application within such time shall automatically extend the license, under the new ownership, until such time that the Town acts on the transfer application. a.Transfer fee. An application to transfer a license must include a transfer fee payment equivalent to the business license fee for the vacation home or bed and breakfast inn as enumerated in section 5.20.030, but not including the vacation home workforce housing regulatory linkage fee if that has already been paid for the home for the calendar year b.The Town Clerk issues transfer registration packets substantially the same as described in subsection (a)(4) above, which must be completed within the same deadline or the application shall similarly lapse. Any reapplication for transfer allowed by this Section would be subject to the same reapplication fee. (4)Notification of change in local representative. If the local representative changes during the calendar year, the property owner must notify the Town Clerk within fifteen (15) days of change, and must ensure the new local representative is knowledgeable of all applicable regulations for the vacation home or bed and breakfast inn. (d)Renewal. . . . (3)A business license for a vacation home or bed and breakfast inn must be renewed on an annual basis. A business license does not convey a right to continue operation as a vacation home or bed and breakfast inn in future years. When the term of an annual license expires, and the license has not been properly renewed, the license shall be considered automatically to have expired and terminated without any further action necessary by the Town. All provisions under this Section, including those describing priority for renewal, transferability of registrationslicenses, continuity of operations, and the residential cap, are subject to any future changes in state or local regulations. (e) Operating requirements. (1)General requirements apply. Vacation homes and bed and breakfast inns must comply with all other applicable Town regulations, including those found in the Estes Park Development Code and building codes and regulations adopted under Title 14 of this Code. (2)Postings. a.Vacation homes and bed and breakfast inns in all zoning districts shall have a clearly legible notice posted on-site. The posted notice shall be provided by the Town at the time the business license is initially approvedregistration packet is issued, shall be posted in a prominent location inside the vacation home or bed and breakfast inn prior to or during the initial compliance inspection, and shall remain posted in the same location for the duration of its use as a vacation home or bed and breakfast inn. The posted notice shall include standard contents as determined and approved by the Town Clerk. . . . (f) Enforcement. (1)Violation. It is a violation of this Section for any owner, representative, guest or occupant of a vacation home or bed and breakfast inn to be convicted, including a plea of no contest, of a violation of Ssection 9.08.010 (disturbing the peace) of this Code, which violation occurs on the premises of the vacation home; to fail to collect and remit all required sales tax to the state due and owing for the leasing, rental or occupation of a vacation home or bed and breakfast inn; to fail to comply with any provision of this Section; or to fail to acquire and pay for a business license. The owner and the local representative of a vacation home shall be in violation of this Section if any guest or occupant of the vacation home violates any provision of this Code, including but not limited to section 9.08.010 (disturbing the peace), the Estes Park Development Code, or any other applicable law, regulation, rule, or order issued by a competent governmental authority, or causes a nuisance as described in Title 8 of this Code, on the premises of the vacation home. The owner and the local representative of a vacation home or bed and breakfast inn shall be in violation of this Section if the vacation home or bed and breakfast inn does not fully and strictly comply with the provisions of this Section, including provisions which this Section references or notes that the vacation home or bed and breakfast inn is subject to. A violation under Section 5.20.070 pertaining to a vacation home or a bed and breakfast inn shall also be considered a violation of this Section and may be enforced as such. These are all strict liability offenses. (2)Remedies cumulative. Any action under this Section to enforce requirements for a vacation home or bed and breakfast inn may be in addition to any other enforcement action(s) permitted under this Section or under other federal, state or local laws, codes, or regulations. (3)Property owners and local representatives shall be jointly and severally liable for all violations under this Chapter attributable to either. Remedies for a violation may also be sought against both a property owner and a local representative, cumulatively, where both are in violation of this Chapter. (4)Where any violation is a continuing offense, each day that the violation continues shall be considered and held to be a separate and distinct offense. (5) Fines. a.Any person who shall be convicted of their initial violation of this Section shall be fined two hundred fifty dollars ($250.00). b.Any person who shall be convicted of their second violation of this Section occurring within two years of the initial violation shall be fined five hundred dollars ($500.00). c.Any person who shall be convicted of their third violation of this Section occurring within two years of the second violation shall be fined one thousand dollars ($1,000.00). d.Any person who shall be convicted of their fourth or subsequent violation of this Section occurring within two years of most recent prior violation shall be fined the maximum amount permissible under Chapter 1.20. e.Any person operating a vacation home or bed and breakfast inn without the applicable license, in violation of section 5.20.070, shall be fined the maximum amount permissible under Chapter 1.20. (6)Suspension and revocation. The Town may suspend or revoke the business license of any vacation home or bed and breakfast inn for violation of the provisions of this Section as follows: a.The Town Clerk, upon the receipt and verification of any violation of this Section, shall may give written notice to the owner or representative that a violation has occurred and warn of potential future suspension and revocation. The Town Clerk may delegate this authority to other Town staff, including a code enforcement officer. b.Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section, within two (2) years of the date of a notice of violation and warning as set forth in subparagraph (6)a. above, the Town Clerk may issue a notice of suspension of the business license by giving written notice, by ordinary U.S. mail, to the owner or representative of the suspension of the license. The notice of suspension is appealable as described in paragraph (f)(7), below. If the notice is not appealed within the time afforded, or if the notice is upheld on appeal, the license shall thereby be suspended. Said suspension shall be for one (1) year from the date the suspension becomes final. The property may not be operated as a vacation home or bed and breakfast inn during the period of the suspension. The Town Clerk shall record the suspension with the county clerk and recorder. c.If a business license is suspended as described in subparagraph (6)b., then, upon the receipt and verification of any further violation of this Section either during the period of suspension or within two (2) years after reinstatement, the Town Clerk may issue a notice of revocation of the business license by giving written notice, by ordinary U.S. mail, to the owner or representative of the revocation of the license. The notice of revocation is appealable as described in paragraph (f)(7), below. If the notice is not appealed within the time afforded, or if the notice is upheld on appeal, the license shall thereby be revoked. Upon revocation of the license, the owner's right and privilege to conduct the business, profession, occupation or accommodation within the Town is terminated. No person may apply for a license for a vacation home or a bed and breakfast inn on the property subject to the revocation for a period of two (2) years from the date the revocation is made final. After such time, a new application may be made if this Section allows. The Town Clerk shall record the revocation with the county clerk and recorder. . . . To the town board of Estes Park, Before I begin with my comments, I would like to provide you with a little background about me. For the past 52 years (since the year I was born), I’ve been coming to Estes Park, initially with my parents, then throughout my young adulthood, and now with my own family. About 25 years ago I was fortunate enough to buy a small lot in Estes Park, and a few years later I built a house. I was able to do this by working a second job most of my adulthood. Like many before me that bought property in the Estes area, I also rented out my house to help offset a bit of my ongoing expenses. For me, my house was never purchased to be a business. My house has always been my piece of paradise that I worked very hard to obtain for my family with the intention of staying there much longer periods of time in retirement. I do not rent my house through an agency. I do not rent my house on AirBnb. I will not allow people to stay in my house unless I personally know them. My house is too important to me. Even though I don’t rent my house out an extensive amount, I have always wanted to stay on the right side of the law. Once Estes Park began requiring the Vacation rental permit, I obtained one. I have collected and submitted the lodging/marketing district tax from those that rent my house. I have no problem doing this. It is something easy for me to calculate. 10.7%.....easy. I seriously thought the board would do the right thing when the lodging tax ballot measure passed and would rescind the impact fee since it is extremely inequitable and very difficult for people in my situation to pass on to renters. I was in actual disbelief when you didn’t. My problem is I never know how many nights I will rent each year. The best case scenario is I will have to raise my rates $25 a night plus the extra 3.5% from the new lodging tax. Worse case, that amount will be much higher. I have no idea how much extra my renters are willing to pay, especially since it appears we are going into a recession next year. Since my pool of renters is small and I have no intention of going to the open market, I may get into a situation where I’m renting the house out to cover the various taxes Estes placed on my house. If that becomes the reality for me, I will be done renting the house at all. It will sit empty during the times I’m not there. One thing I am extremely curious about….exactly how is my house causing more of an impact to the availability of workforce housing compared to the greater number of other houses owned by people who use the house as a second home. I see no difference. Are second homes going to become the next target for impact fees? I would ask you to reconsider the impact fee now that the new lodging tax has been approved. I can’t make an argument that the lodging tax is inequitable and difficult to implement. I certainly can make the argument that the impact fee most certainly is. Sincerely, Steve Niemeyer Vacation home license # 3263 Ph. 480-331-9727 Email: You-Too-B@outlook.com PUBLIC COMMENT RECEIVED 2022-12-09 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: December 13, 2022 RE: Interview Committee for the Local Marketing District. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Committee QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for vacancies on the Local Marketing District Board of Directors. Present Situation: The Local Marketing District Board of Directors consists of seven-members and the Board currently has two vacancies. The Town Clerk’s Office has advertised the opening and has received two applications as of the date of this memo. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the board positions. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Local Marketing District interview committee. Attachments: None. TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: December 13, 2022 RE: Interview Committee for the Parks Advisory Board. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Committee QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for vacancies on the Parks Advisory Board. Present Situation: The Parks Advisory Board consists of seven-members and the Board currently has three vacancies. The Town Clerk’s Office has advertised the opening and has received one application as of the date of this memo. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the commission positions. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Parks Advisory Board interview committee. Attachments: None. TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: December 13, 2022 RE: Interview Committee for the Larimer County Solid Waste Policy Advisory Council. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Committee QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for vacancy on the Larimer County Solid Waste Policy Advisory Council. Present Situation: The Larimer County Solid Waste Policy Advisory Council consists of eight-members, one elected official and one appointee, from Estes Park, Fort Collins, Loveland, Larimer County, and Wellington. The appointee term expired November 30, 2022 is currently vacant. The Town Clerk’s Office has advertised the opening and has received one application as of the date of this memo. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the board positions. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Larimer County Solid Waste Policy Advisory Council interview committee. Attachments: None.