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Home My WebLink AboutPACKET Town Board 1993-12-14BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, December 14, 1993 7:30 P.M. AGENDA Award Presentation. Eric M. Notheisen, Executive Director and Terry Urista, Northeast Regional Representative for the Colorado Association of Chiefs of Police (C.A.C.P.) - Presentation of the Professional Standards Compliance Award to Police Department. Award Presentation. Government Finance Officers Association - Presentation of Financial Reporting Achievement Award to Finance Department. PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at theÂ· discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated November 23, 1993. 2. Bills. 3. Committee Minutes: A. Community Development, December 2, 1993. B. Special Events, December 9, 1993. ACTION ITEMS: 1. Community Development Committee, December 2, 1993: A. Chamber of Commerce Operating Agreement - Approval. 2. Special Events Committee, December 9, 193: A. Report on Decision Model and 1994 Budget. B. Lions Club Concession Stand Agreement - Approval. 3. Board Room Sound System - Authorization to Purchase. 4. Appointments, Re-Appointments, Resignations: A. Appointment to Estes Valley Public Library District, completion of 5-Year Term currently held by Barbara Ludwig (resigned), Expiring 12/31/96. B. Richard D. Widmer - Reappointment to Estes Park Building Authority, 3-Year Term, Expiring 1/97. C. James M. Littlejohn/Municipal Judge - Resignation effective December 31, 1993. D. Appointment to the Museum Advisory Board, 2-Year Term, Expiring 1/1/96 (replacing Duke Sumonia). 1 I I 5. Extension of Transfer Station Agreement with A-1 Transfer - Approval. 6. Resolution - Modifying Section 4.1 Commencement of Lease Term; Renewals and Exhibit "B" Base Rentals of the Conference Center Lease Purchase Agreement between EPURA and the Town. 7. Resolution - Intent to Annex "Kenofer Addition" and set public hearing on Annexation for January 25, 1994. Â· 8. Light & Power Easement - Town Attorney White. 9. Town Administrator's Report - None. NOTE: The next meeting of the Board of Trustees will be on Tuesday, January 11, 1994. 2 Al*Â¥a%%444Â£33,5421.4212141 34<40'3~3'.t.24~,96**~~4261~2,,~*-5,prr*F~~~i-iL~: r c''I'' :-2 - Â· s r , ''-*2 TufiV~=~ - i 4.3~2-~7-- .JEE"~-p"-~=='---rÂ»*-Â·- , RF- . 4.-- .,- 47. 4WAff*EdJEE..1*61:-~ - 1. 1 --r-- - 424 FÂ· -':257 0 7:52 --105'~ ~Aliâ‚¬Cf~: 4 , 420= 30.'T,UL-i.1 ''f'=-Dnâ‚¬ 9 5.13:20.:2-92" ' f ...M..Ir,- --1 - ...,6- Â·Â·â„¢72 -q Â· .'3~1 . ' dX:Â·'9 3 '- 9'11 . Â·4- --- 4â€¢ 64 --= mu' 4 ly - - -- :- --*--. -...'. *I---*.* - - - ./-../il- .V . .... 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Ap=Z--3.=. - -= *p. -47,403* *44~ts '-,fft,&:111 45~~~ilvâ€žt ?,1-16 1&41,+1 tit >Â·Â·-, =*;JTZ~F~#~lt- ,-Ipâ‚¬4.-~CArTJ/~22&J4:~/ ~ 117,17rr-,I,7,2171) 1, TA'V. 9|, 1;M,r,9.,Ti2MINiEE~ 21'NII!11$'Im!â€ž,Nr,1 t 1.FBR .1 F EF'IFIg~'1"'1'11!f 7 171112 7111!rll!,144,11111! 'Ir Fr 'fr,i!,Ii,rl r , m, T-Fr.14 4 -Â¥:7!J IMF'Tll-'Tgr- ' 7â€ž lin 4 . 19*~"F!3 -Â¥1,1 74'Efr'.21:r'rill p 2 -2 4 20 44 (-6 >-1 >-1 m (6 -r-1 (D U C 0 -~at Ao Â§6 & 44 0 3 0 #4 0 lilli' 1111111 % lilli 1111111111 FINANCIAL REPORTING ACHIEVEMENT aJUDUITi JUQUJ,Ua Rq paluasaid si lualuaaailpv Buwodaw lopuvuy io pivalÂ¥ a Jual.UU,taao ul le; aulnusui uaaq ant,ti ~~'V~Pul ~0~<~~~04~7~0~~5~f~ v Â·Su, 4.iod;~,314u~~u~ul ut ajuallaJJg lej Dulj lunuuu 3904(71 situn Juaunuaao Jsa4B.,4 aW sluasaidai puu spivpums tuniNoid 0, a.,atipe o; paypnt ain suodai â‚¬66-I ' 2-I i equieAON opelo-Ioo ')[.IEd saist 5041 01 paluasaid st Juatuaaa14,viO allgl 1 Â·Suluodd luouvuq Juaunuaa The Government Finance Officers Association presents this Finance Off c of the United States and Canada .lopalla aa!;maa alv Town of Estes Park, Larimer county, colorado, . t'ovember .2 3 . ., 19. 93. Minutee of a . Regular. . . meeting of the Board of Truetees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . ~3?M . day of .... .Nprefkef, A.D., 19. 93. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... H. B. Dannels Present: Mayor Trustees: George J. Hix, Mayor ProTem Gary R. Brown, Susan L. Doylen, Stephen W. Gillette, David Habecker Also Present: Richard D. Widmer, Ass't. Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk llÂ¥-4 1 Absent: Robert L. Dekker, Trustee Mayor Dannels called the meeting to order at 7:30 P.M. PUBLIC INPUT. Jim Weber, CSU Grad Student briefed the Trustees on the social work research program which was conducted in Estes Park, and he expressed his appreciation to the community for their cooperation. CONSENT CALENDAR: 1. Town Board minutes dated November 9, 1993. 2. Bills. 3. Committee Minutes: A. Special Events, November 15, 1993. B. Public Safety, November 18, 1993. C. Administrative, November 18, 1993. D. Public Works, November 19, 1993. E. Planning Commission, November 23, 1993 (acknowledgement only). Trustee Hix requested the Public Safety minutes dated November 18, 1993 be withdrawn from the Consent Agenda. It was moved and seconded (Hix/Gillette) the consent calendar be approved, and it passed unanimously. It was moved and seconded (Hix/Brown) the Public Safety Committee minutes be approved with the following amendment: "The Committee is in favor of consideration of the proposed ordinance", in lieu of "The Committee recommended this ordinance be approved as presented", and it passed unanimously. ACTION ITEMS: Pursuant to staff's request, Item #5 was brought forward to Item #1. 1. Ordinance #19-93 Amending Chapter 13.12 - Light and Power Rate Schedules - Adoption. Mayor Dannels opened the public hearing. Light and Power Director Matzke briefed the Trustees on the proposal which will update the Town's retail rates established in 1991 to incorporate PRPA's wholesale rate change. Proposed rate changes are "revenue neutral", and include development of new outdoor area lighting and time of day rates. The purchase power ' 1 I Board of Trustees - November 23, 1993 - Page 2 rider will be zero until the wholesale rate from PRPA changes. Rate Consultant Max Kiburz reviewed methodology utilized to prepare the rate study and subsequent rate classifications. Following discussion, Town Attorney White read the ordinance. The rates will take effect as of the first billing period after December 27, 1993. As there were no persons speaking in opposition, Mayor Dannels declared the public hearing closed. It was moved and seconded (Hix/Brown) the Ordinance be adopted, and it passed unanimously. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, ordered it numbered 19-93, and published according to law. 2. Public Safety Committee, November 18, 1993: A. Beaver Point Ouick Stop Grocery Parking Agreement. Trustees Habecker and Hix declared a potential "conflict of interest" and stated they would not participate in ~ discussion nor vote. The Committee recommended Town Attorney White prepare an Agreement between Edwin L. Davis, Ahmed Zaina and the Town to alleviate the existing parking hazard at 911 Moraine Avenue. Chief t Racine reviewed the Agreement reporting that the Town I will incur an expenditure of approximately $600.00 to ~ place six bollards 4' off the traveled portion of the highway, establish a one-way lane off High Drive in which to enter the site, and resurface the existing front area asphalt. CDOT is favorably considering the "no turn on red" sign from Highway 36 onto High Drive. Chief Racine expressed his appreciation to the property owners and Public Works Director Linnane for their efforts toward resolving the traffic hazard. Mr. Davis requested the drawing, as presented, be attached to the Agreement, and confirmed that both he and Mr. Zaina had executed the Agreement. Town Attorney White reviewed the Agreement and it was moved and seconded (Brown/Doylen) the Agreement be approved, and it passed unanimously with Trustees Habecker and Hix Abstaining. B. Underaae Alcohol Possession - Ordinance #20-93. Town Attorney White read the proposed ordinance that would make it unlawful for any individual under 21 years of age to obtain alcohol, possess alcohol on public property, and possess and/or consume alcohol anywhere inside Town limits. Chief Racine reported that original support for the ordinance came from P.a.C.K., and that he also supported the ordinance which would provide an additional tool for law enforcement. Among other municipalities, Loveland has adopted the ordinance, and they remain in favor of the ordinance. The ordinance would encompass ages 16 through 21; the juvenile justice system would address those under 16. Trustee Brown noted that the ordinance does the following: youthful offenders will be "brought home" to Municipal Court, and it expresses the Board's concern with alcohol possession for those under 21 years of age. However, Trustee Brown's concerns are that the ordinance be fair to all; if the offender is found guilty the driver's license will be taken which may not fully address the problem; and the offender will also be placed in a "high risk" insurance category. Therefore, Trustee Brown moved the ordinance be referred to the Public Safety Committee in January to consider a broadened, more flexible approach. Trustee Hix seconded the motion. Testimony was heard from the following P.a.C.K. Members: Lois Smith, Gail Albers, Mike Smith and Roger Shippey. Testimony in opposition was heard from student Julie Brown who also presented letters from Erin Moore and Breeyan Sloan. Discussion followed, with j Town Attorney White advising the ordinance will not take effect until 30 days after its passage and publication; review could continue on the sentencing provision. The ~ Board of Trustees - November 23, 1993 - Page 3 motion failed by the following votes: Those voting "Yes" Trustee Brown. Those voting "No" Trustees Doylen, Gillette, Habecker and Hix. It was then moved and seconded (Hix/Habecker) the ordinance be approved with the Public Safety Committee providing additional consideration toward sentencing and/or additional penalties, and it passed by the following votes: Those voting "Yes" Trustees Doylen, Gillette, Habecker and Hix. Those voting "No" Trustee Brown. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, ordered it numbered 20-93 and published according to law. 3. Administrative Committee, November 18, 1993: A. 1994 Budget. Highway User's Trust Fund. Mayor Dannels opened a public hearing to discuss how the Highway Users Trust Fund revenues are proposed to be expended in 1994. Finance Officer Vavra stated estimated revenues are $115,170. Estimated expenditures are $128,000 which include resurfacing overlay, post office box installation, and Fall River erosion control. In the event one or more of the these projects are not constructed or if they are considerably less than budgeted, expenditures for snow plowing, street maintenance or any other expenditure directly related to streets are allowable uses of said trust fund revenues. As there was no further testimony, Mayor Dannels declared the public hearing closed. It was moved and seconded (Hix/Gillette) expenditures of the Highway's User's Fund be approved, and it passed unanimously. Resolution #26-93 Setting Mill Levy. Finance Officer Vavra presented said resolution establishing the 1994 mill levy of 3.079 mills which is identical to that of 1993. It was moved and seconded (Hix/Habecker) Resolution #26-93 be approved, and it passed unanimously. Resolution #27-93 Adopting Budget. Due to a conflict of interest, Trustee Brown requested the CACEP and Museum budgets be separated, and it was moved and seconded (Brown/Hix) Resolution #27-93 be approved, and it passed unanimously. It was then moved and seconded (Hix/Habecker) the Museum and CACEP budgets be approved, and it passed unanimously with Trustee Brown Abstaining. Resolution #28-93-Appropriating Sums of Money. It was moved and seconded (Habecker/Doylen) Resolution #28-93 be approved, and it passed unanimously. Resolution #29-93 Adopting Expenditure Control Budget Policy. Ass't. Administrator Widmer reviewed and read the above-referenced resolution which establishes an Expenditure Control Budget Policy. The Policy was favorably recommended by the Administrative Committee and will be in effect for two years; however, the policy may be canceled at any time or renewed at the end of the two- Year period. It was moved and seconded (Habecker/Gillette) Resolution #29-93 be approved, and it passed unanimously. Resolution #30-93 Establishing Light & Power as Enterprise Fund. Ass't. Administrator Widmer read said resolution and it was moved and seconded (Hix/Brown) Resolution #30-93 be approved, and it passed unanimously. Resolution #31-93 Establishing Water as Enterprise Fund. Ass't. Administrator Widmer read the resolution and it was moved and seconded (Doylen/Habecker) Resolution #31- Board of Trustees - November 23, 1993 - Page 4 93 be approved, and it passed unanimously. B. Resolution #32-93 Establishing 1993 Reserves. Finance Officer Vavra reviewed and read a resolution establishing 1993 Reserves, and it was moved and seconded (Hix/Habecker) Resolution #32-93 be approved, and it passed unanimously. C.D. Pursuant to the TABOR Amendment, it was moved and seconded (Habecker/Gillette) the Elgin Street Sweeper and Heron Agreements be continued for 1994, and it passed unanimously. 4. Public Works Committee, November 19, 1993: A. Bike Path Extension - Approval of Funding. Public Works Director Linnane reported that the Committee recommended approval of a bike path extension from Matthew Circle to the Elementary School, approximately 500' in length. Funding will be providedÂ·by remaining funds ($8,700) in the Capital Improvements Fund. It was moved and seconded (Brown/Habecker) funding for the Bike Path Extension be approved, and it passed unanimously. 5. Amended Plat of Lot 27 and a Portion of Lot 28, Little Prospect Mountain Addition, John Gibbs/Applicant. Mayor Dannels opened the public hearing to consider the proposed subdivision. Community Development Director Stamey reviewed the proposal to move the internal lot line between Lots 1 and 2 to the north, thereby allowing the flexibility to add onto the existing structure on Lot 1. All Planning Commission conditions have been met. There being no further testimony, Mayor Dannels declared the public hearing closed. It was moved and seconded (Hix/Doylen) the Amended Plat of Lot 27 and a Portion of Lot 28, Little Prospect Mountain Addition be approved, and it passed unanimously. Mayor Dannels noted that due to the holiday season, the Town Board meeting December 28, 1993 has been canceled, therefore, only one meeting will be conducted - December 14, 1993. There being no further business, Mayor Dannels adjourned the meeting at 9:46 P.M. .................. Mayor ................ Town Clerk I , BRADFORIPUILISHING.0 RECORD OF PROCEEDINGS ' Community Development Committee December 2, 1993 Committee: Chairman Dekker, Trustees Hix and Doylen Attending: All Also Attending: Town Administrator Klaphake, Community Development Director Stamey, Advertising Manager Marsh, Sales and Marketing Director Pickering, Conference Services Coordinator Thomas, Museum Director Kilsdonk, Clerk O'Connor Absent: None Chairman Dekker called the meeting to order at 10:02 A.M. LARIMER COUNTY AFFORDABLE HOUSING INFORMATION SYSTEM - REOUEST FOR FUNDING. Lani Van Eck, Community Development Specialist/Larimer County Human Development Department briefed the Committee on the Larimer County Affordable Housing Information System (AHIS). The AHIS is an ongoing data collection system designed to provide current information about the need for and availability of affordable housing in Larimer County. Currently, there is no single source of this type of information thus the County relies on 1990 Census information until the year 2001, and/or wastes valuable staff time to collect whatever data is available. This situation leads to inefficiency, high costs, and ineffectiveness. The citizens of Larimer County will be the beneficiaries of the AHIS System as AHIS will provide both demographic and housing stock data. AHIS represents both public and private entities in the County concerned with housing issues. The coalition, coordinated by the Larimer County Department of Human Development, presently includes members from: The Affordable Housing Task Force, Bank One, City of Fort Collins, Colorado Apartment Managers Association (Ft. Collins branch), CSU, Fort Collins Housing Authority, Housing Authority of Loveland, Larimer County Department Of Human Development and Housing Authority Advisory Committee and the Shields Street Corporation. A step-by-step plan of action to develop AHIS consists of three major phases: hire a consultant to complete the design of an intake instrument, collect information about the current status of housing stock, and work with the consultant to develop a long-range strategy. The process allows for a 4-month startup period. Total anticipated cost of establishing the ongoing AHIS is approximately $42,000 which is a single expenditure that will not be repeated. The design of the system provides for its maintenance costs on a fee-for-service basis. Of the total amount needed, $19,000 has been committed by members of the Consortium. Ms. Van Eck requested the Town contribute $2,000 toward this effort. Discussion followed concerning data collection and the difficulty previously experienced to obtain said data, maintenance costs for the on-going system (estimated at $2,500/yr.), and proposed fee schedule for non-members. There were no comments from the audience. Chairman Dekker reported that the Town receives funds from the Platte River Power Authority to be used for economic development and that AHIS could be funded from this source. The Committee recommends approval of the request for $2,000 in funding for AHIS. - BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Community Development Committee - December 2, 1993 - Page 2 ESTES PARK SENIOR CENTER - REOUEST FOR FUNDING OF "CARE-A-VAN" PROGRAM. Director Stamey reported that Larimer County's private non-profit specialized transportation system, Care-A-Van, recently received one of only 5 demonstration grants from the U. S. Department of Health and Human Services Administration on Aging. As designed, the grant will allow Care-A-Van to "provide rural-to-urban transportation for seniors who need access to urban services in order to maintain their independent life style." Service would target the elderly, however, persons with disabilities and other transit-dependent residents could ride on a space available basis. Terms of the grant require a 25% local, non-federal match. Local match for one day/week dedicated service is $3,500/project year/participating community. Care-A-Van has developed a possible schedule from Estes Park to Fort Collins. Care-A-Van conducted a local survey and found that out of 44 responses, 40 citizens would benefit from the program. In a letter dated November 22, 1993, Thomas White, President/Senior Center, encouraged the Town's support for the service. Director Stamey advised President White that the funding request had not been submitted on a timely basis as the 1994 Budget has been adopted. Further, in addition to the building itself, the Town funds Senior Center operations of $9,400/yr. and a sewer line is being installed at a cost of $9,000. Administrator Klaphake questioned Town funding for this program based upon the following: (1> appropriateness of utilizing Town funds for a transportation system to take people out-of-town for services which can be obtained in Estes Park, and (2) appropriateness of public subsidy and its direct affect on the private sector providing identical services. Discussion followed, with the Committee recommending denial of the funding request. 1993 ADVERTISING REPORT. 1994 Agreement with Chamber of Commerce for Fulfillment Program. This formal agreement process, outlining responsibilities, expenses, etc. was initiated in 1990, and the proposed 1994 Operating Agreement was presented for review. In 1993, the Town reimbursed the Chamber at the rate of 30Â¢/label--based upon 42,000 packets, the proposed 1994 rate is 31%Â¢/label for an estimated expenditure of $12,400. The cost of labels received from Readership Service inquiries were 5Â¢/label in 1993--the proposed 1994 rate is 5%Â¢/label for an estimated expenditure of $2,060. This figure is based upon 84,000 packets. The Town will reimburse the Chamber at the rate of $0.63 for incoming 800 calls. Based upon 65,000 calls, the estimated expenditure is $40,170. This rate was 60Â¢/call in 1993. Monthly reports used to monitor the Chamber of Commerce and associated activities are estimated at $900.00/year. Manager Marsh confirmed that he found the proposed rates to be in line with other localities performing identical services. The Committee recommends approval of the 1994 Agreement as presented. Year-to-Date Performance. Requests for information are down 6.24% as compared to October, 1992, and telephone calls are down 2.53% from last year's pace. Certain areas of the entire State have experienced a decrease in tourism and this trend is difficult to verify; however, the upcoming Conversion Study should provide helpful information. Colorado Tourism Board-Local Impacts. Staff reviewed the local I I BRADFORIPLIBLIS'ING.0 RECORD OF PROCEEDINGS 0 I Community Development Committee - December 2, 1993 - Page 3 impact of the disbanding of the Colorado Tourism Board, specifically in the areas of Research, Welcome Center, Official Vacation Guide, Regional Program, and promotional efforts. Governor Romer has initiated a Tourism Summit scheduled in Denver on December 8th - staff Will attend. Confirming that the Advertising Policy Committee has performed admirably in the past, perhaps the Town should review the entire advertising effort (to include review of special event advertising) to ensure Estes Park maintains its market share. Chairman Dekker appointed Trustee Doylen to examine said advertising and report to the Committee by April, 1994. CONFERENCE CENTER UPDATE. 1994 Bookings. Director Pickering presented the conference center "booking pace" as follows: 1992 12,403 (actual) 1993 12,950 (estimate as of 11/17/93) 1994 15,850 (booked as of 11/17/93) The list of 1994 Conferences indicate the center is a prominent facility and choice destination as rebookings are extraordinary. Certain conferences are discussing naming Estes Park as their permanent conference site. The Committee reviewed 1994 Marketing Comparisons between Colorado Springs, Estes Park, Fort Collins, Grand Junction and Greeley. Estes Park's conference marketing and promotion dollars are the lowest at $19,145 as compared to the highest (Ft. Collins) $95,000. Director Pickering reported on a recent news article where Pueblo voters recently approved financing for a convention center and funding for a 200-room hotel. This addition, along with the proposed conference centers of Colorado Springs, Steamboat Springs and Vail may affect the Town's market share. Staff continues to devise methods to increase growth. Concerning the existing shuttle system for conferees, Director Pickering advised that staff is continuing to research areas where the Town can keep its subsidy at a minimum. However, the transportation system itself is successful. The Department's goal is to increase the average group size. In comparing the 20 largest groups, the average size is 450 attendees. Staff will make a determined effort to increase the average to 500. Conference groups are assisted in their marketing efforts which is beneficial for both the group and the center/community. Following one-year's operation, staff interviewed its past clients to ascertain where the center could improve. It was determined that opportunities exist in the area of service. With the addition of Bill Thomas serving as Conference Services Coordinator, sales have been favorably impacted. Attendees report that they are graciously welcomed and well taken care of during their stay. A variety of methods are utilized to assist conferees such as planning spousal programs, pre and post conference trips, and the like. Estes Park is unique in sending all attendees a letter of thank you from the Mayor. A Year-End Financial Impact Analysis Report will be presented in February. The Committee expressed their appreciation to Director Pickering and Coordinator Thomas for a job well done. , BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - December 2, 1993 - Page 4 MUSEUM REPORT. Director Kilsdonk presented the Museum Report for October, including monthly statistics identifying visitation, membership, volunteers and research requests and the 1994 Program Schedule. Administration approved a change in staffing from 1 full-time and 3 part-time positions to 2 full-time and 1 work-study position. The restructuring did not affect the budget and such remains in balance. The 1993 Christmas Exhibit, "Teddy Bears and Other Stuffed Toys" opened to 142 visitors and runs through December 31. The Trustees were invited to attend a coffee/open house on December 9th from 9:00-10:00 A.M. On December 1, the Museum will submit a grant for $4,500 to the State Historical Fund for a Historic Structures Report and Interpretive Brochures for the Cobb-Macdonald Cabin and privy. The report will be used as a planning tool to assist in obtaining funds toward the preservation of the'structures. Director Kil&donk, Advisory Board Member Harris and Volunteers Jean Sahm and Jean Devers are meeting to develop an overall strategy for the Becruitment, training, retention and recognition of Museum Volunteers. Bob Joseph is working with the Director and Advisory Board on the modifications to the Museum's Landscaping Plan. Recommendations from Architects Long Hoeft have been incorporated. The Advisory Board requested a Community Development Committee Member to serve as Liaison to the Advisory Board to assist with the long-range planning process. Chairman Dekker will serve in this capacity. MISCELLANEOUS. Frank Hix advised the Committee on the "Parade of the Years" Tour and requested the Town become involved in the planning process. The event is sponsored by the Horseless Carriage Club and Classy Car Club. The automobile started the tourist industry in Estes Park and the event celebrates the opening of the tourist season. Loveland yearly hosts a planning breakfast and provides a exceptional send-off to the Big Thompson Canyon. Approximately 30 automobiles participate and the group will be sheltered at the Elkhorn Lodge. Museum grounds are used as a staging area for public viewing. The planning meeting is scheduled January 29th. There being no further business, Chairman Dekker adjourned the meeting at.11:45 A.M. Vickie O'Connor, CMC, Town Clerk I.A.FORD PUBLISHING Co. RECORD OF PROCEEDINGS Special Events Committee December 9, 1993 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: All Also Attending: Town Administrator Klaphake, Special Events Director Scott, Finance Officer Vavra, Clerk O'Connor Absent: None Chairman Hix called the meeting to order at 8:30 A.M. EVENT DECISION MODEL and 1994 BUDGET. Decision Model. In a memorandum dated December 8, 1993, Administrator Klaphake reported that, based upon work sheets submitted by the Committee, the Special Events Decision Model results are as follows: "A" Priority: Scottish Festival Christmas Parade Rooftop Rodeo Wool Market Rally 'n the Rockies "B" Priority: Hunter-Jumper Horse Show Shriners Miniature Horse Show Ride the Rockies Westernaires Arabian Horse Show Art Walk/Jazz Festival Quarter Horse Show "c" priority: Folk Festival Surprise Sale Valine Weekend October Gold Weekend Riverside Plaza Entertainment Scandinavian Festival RV Rallies Teddy Bear Picnic Paint Horse Show This process will act as a guide in judging emphasis, budget and considering future changes. Events could easily move through the priority system--there is no guarantee an event will remain in its current priority. None of the above-listed events will be eliminated in the 1994 Budget; however, this may not be true in the future as funds are becoming increasingly limited. The priority list may provide a natural elimination of events and certain opportunity for new events. Tourism is very important to the community; special events are greatly affected by TABOR; and perhaps the private sector will have to sponsor special events. Trustee Habecker requested the list be amended to include additional detail for each event, specifically, how old the event is and whether it is growing or fading. Staff confirmed this revision will be presented during the meeting scheduled January 27, 1994. 1994 Budget. The 1994 Budget was adopted November 23, however, BRADFOROPUBLISHING Co. RECORD OF PROCEEDINGS Special Events Committee - December 9, 1993 - Page 2 pending conclusion of the decision model the Special Events line- item budget for was not completed. As the model is now settled, Finance Officer Vavra reviewed Revenue and Expenses by line-item. The budget reflected the following changes: the compost machinery will not be replaced and will be removed from the site by a private operator; the General Fund Transfer is $235,000; capital expenditures include $19,500 to replace the floor in the Concession Stand and asphalt work near said stand; a tractor will be replaced for an estimated expenditure of $15,500; required hazard materials storage will be provided for $1,500; and a harrow will be replaced for $600. Staff reported that all costs for events and/or operations are spread between 18 cost centers. LIONS CLUB CONCESSION STAND LEASE - REOUEST APPROVAL. The Committee reviewed said Agreement with the Lions Club for the Concession Stand located at the fairgrounds. The one-year Agreement provides for 15% of the gross sales to be paid as rent for the premises plus a $75.00/year fee toward natural gas expenses. Other than the natural gas fee, there is no change in the lease. The Committee expressed their appreciation to the Lions Club for their operation of the Concession Stand, and recommends approval of the lease as presented. There being no further business, Chairman Hix adjourned the meeting at 9:08 A.M. CAr--- 4.1 4 0,Â·Ed-% ~1 ~64 ALA ) Vickie O'Connor, CMC, Town Clerk BAAOFORDPUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - December 2, 1993 - Page 2 STES PARK SENIOR CENTER - REOUEST FOR FUNDING OF "CARE-A-VAN" OGRAM. Dire or Stamey reported that Larimer County's private non rofit specia ' ed transportation system, Care-A-Van, recently eceived one of o 5 demonstration grants from the U. S. De rtment of Health and man Services Administration on Aging. s designed, the grant w allow Care-A-Van to "provide ural-to-urban transportation seniors who need access to an services in order to maintain eir independent life st ." Service would target the elderly, wever, persons with sabilities and other transit-dependent resi ts could ride on space available basis. Terms of the grant requi a 25% local on-federal match. Local match for one day/week dicated ervice is $3,500/project year/participating community. ar -Van has developed a possible schedule from Estes Park to For ollins. Care-A-Van conducted a local survey and found that ou of 4 responses, 40 citizens would benefit from the program. a let r dated November 22, 1993, Thomas White, President/ nior Cente encouraged the Town's support for the service Director Stame dvised President White that the funding requ t had not been submi ed on a timely basis as the 1994 Budget s been adopted. Further, in addition to the building itself, he Town funds Senior Cent operations of $9,400/yr. and sewer line is being installed at a ost of $9,000. Administrato laphake questioned Town funding for is program based upon e following: (1) appropriateness of uti zing Town funds fo a transportation system to take people out-of wn for servic which can be obtained in Estes Park, an (2) appr riateness of public subsidy and its direct affect on he p ' ate sector providing identical services. Discussion followe ith the Committee recommending denial of the funding request. 1993 ADVERTISING REPORT. 1994 Agreement with Chamber of Commerce for Fulfillment Program. This formal agreement process, outlining responsibilities, expenses, etc. was initiated in 1990, and the proposed 1994 Operating Agreement was presented for review. In 1993, the Town reimbursed the Chamber at the rate of 30Â¢/label--based upon 42,000 packets, the proposed 1994 rate is 31%Â¢/label for an estimated expenditure of $12,400. The cost of labels received from Readership Service inquiries were 5Â¢/label in 1993--the proposed 1994 rate is 5%Â¢/label for an estimated expenditure of $2,060. This figure is based upon 84,000 packets. The Town will reimburse the Chamber at the rate of $0.63 for incoming 800 calls. Based upon 65,000 calls, the estimated expenditure is $40,170. This rate was 60Â¢/call in 1993. Monthly reports used to monitor the Chamber of Commerce and associated activities are estimated at $900.00/year. Manager Marsh confirmed that he found the proposed rates to be in line with other localities performing identical services. The Committee recommends approval of the 1994 Agreement as presented. Year-to-Date Performance. Requests for information are down 6.24% as compared to October, 1992, and telephone calls are down 2.53% from last year's pace. Certain areas of the entire State have experienced a decrease in tourism and this trend is difficult to verify; however, the upcoming Conversion study should provide helpful information. Colorado Tourism Board-Local Impacts. Staff reviewed the local 1994 PROPOSED OPERATING AGREEMENT BETWEEN TOWN OF ESTES PARK AND ESTES PARK AREA CHAMBER OF COMMERCE The Town of Estes Park and the Estes Park Area Chamber of Commerce desire to provide information services to the potential visitor to the Estes Park area. In order to provide those services, the parties agree to the following criteria: I. Packets/Labels A. The Chamber will assemble packets according to the criteria established with the Town Advertising Manager. B. The Chamber will generate and affix to packets all labels created as a result of Direct Response requests received by the Chamber. The Town of Estes Park will reimburse the Chamber of Commerce at the rate of 31.5 cents per label for this activity. C. The Chamber of Commerce will accept and affix to packets all labels received from Readership Service inquiries. The Town will reimburse the Chamber at the rate of 5.25 cents per label for this activity. II. Mailing of Packets A. The Chamber will prepare and deliver to the Post Office bulk mailings according to the U.S. Postal Service guidelines within 5 days of the inquiry, or receipt of Readership Service labels. The Town will reimburse the Chamber at the rate of 18.9 cents per packet for this activity. B. The Chamber of Commerce will prepare and deliver to the Post Office for 1st class mailing when timing of visitor trip requires, or when the minimum bulk quantity is accumulating too slowly to meet the 5-day mailing criteria. The Town Will reimburse the Chamber at the rate of 18.9 cents per packet for this activity. C. The Town will reimburse the Chamber for 1st class postage on the basis of actual cost of postage as determined by the postage meter, and verified in the monthly reports. D. The Chamber will keep an accurate running balance of funds available in the Bulk Postal account maintained by the Town. The funds in this account are to be used by the Chamber for the purpose of bulk mailings as verified in the monthly reports. 1994 Proposed Operating Agreement, Page 2 III. Quantity Shipping A. The Chamber will prepare and ship quantities of collateral material in response to requests and according to guidelines established with the Town Advertising Manager. The Town Will reimburse the Chamber at the rate of $1.05 per shipment. B. The Town will reimburse the Chamber for shipping costs on the basis of actual cost as reported on the shipping invoices for the period, plus a U.P.S. pickup charge of $5.00 or the current pickup charge being charged by the carrier. IV. Incoming 800 Operators A. The Chamber will provide and train adequate staffing to answer incoming 800 calls within the standards and guidelines established with the Town Advertising Manager and Chamber Management. The Town Will reimburse the Chamber at the rate Of $0.63 per call as reported by the monthly AT&T Masterline billing. B. The Chamber will provide all hardware (equipment) and software (programming) necessary to accomplish point IV.-A within the standards and guidelines established with the Town Advertising Manager and Chamber Management. V. Reports A. The Chamber of Commerce will generate monthly reports including but not limited to: 1.) Inquiry counts by state, by source, by month and year-to-date, including a monthly "Total" report by state, by month and year-to-date. 2.) Monthly and year-to-date detailed summary Of bulk mailings, first class and foreign mailings, quantity shipping activity to support and verify Chamber billing of monthly charges to the Town. The Town will pay up to $4.00 per page of the inquiry count reports not to exceed 35 coded pages per month. B., The Chamber of Commerce will provide all hardware (equipment) and software (programming) necessary to accomplish point V.-A within the standards and guidelines established with the Town Advertising Director and Chamber Management. 1994 Proposed Operating Agreement, Page 3 D. The Town of Estes Park will also give a verbal and written notice to the Chamber of Commerce 45 days or more as to when the proposed contract needs to be revisited each year to meet the budget setting meeting of the Estes Park town trustees. (1Â«9~ 14,L, Town of Estes Park Chamber of Commerce President 11 --/7-93 date date BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Special Events Committee December 9, 1993 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: All Also Attending: Town Administrator Klaphake, Special Events Director Scott, Finance Officer Vavra, Clerk O'Connor Absent: None Chairman Hix called the meeting to order at 8:30 A.M. EVENT DECISION MODEL and 1994 BUDGET. Decision Model. In a memorandum dated December 8, 1993, Administrator Klaphake reported that, based upon work sheets ~~ submitted by the Committee, the Special Events Decision Model results are as follows: "A" Priority: Scottish Festival Christmas Parade Rooftop Rodeo Wool Market Rally 'n the Rockies "B" Priority: Hunter-Jumper Horse Show Shriners Miniature Horse Show Ride the Rockies Westernaires Arabian Horse Show Art Walk/Jazz Festival Quarter Horse Show "c" Priority: Folk Festival Surprise Sale Valine Weekend October Gold Weekend Riverside Plaza Entertainment Scandinavian Festival RV Rallies Teddy Bear Picnic Paint Horse Show This process will act as a guide in judging emphasis, budget and considering future changes. Events could easily move through the priority system--there is no guarantee an event will remain in its current priority. None of the above-listed events will be eliminated in the 1994 Budget; however, this may not be true in the future as funds are becoming increasingly limited. The priority list may provide a natural elimination of events and certain opportunity for new events. Tourism is very important to the community; special events are greatly affected by TABOR; and perhaps the private sector will have to sponsor special events. Trustee Habecker requested the list be amended to include additional detail for each event, specifically, how old the event is and whether it is growing or fading. Staff confirmed this revision will be presented during the meeting scheduled January 27, 1994. 1994 Budget. The 1994 Budget was adopted November 23, however, I.A.FORIPUBLISHING.0 RECORD OF PROCEEDINGS ' Special Events Committee - December 9, 1993 - Page 2 pending conclusion of the decision model the Special Events line- item budget for was not completed. As the model is now settled, Finance Officer Vavra reviewed Revenue and Expenses by line-item. The budget reflected the following changes: the compost machinery will not be replaced and will be removed from the site by a private operator; the General Fund Transfer is $235,000; capital expenditures include $19, 500 to replace the floor in the Concession Stand and asphalt work near said stand; a tractor will be replaced for an estimated expenditure of $15,500; required hazard materials storage will be provided for $1,500; and a harrow will be replaced for $600. Staff reported that all costs for events and/or operations are spread between 18 cost centers. L~NLQL~CONCESSION STAND LEASE - REOUEST APPROVAL. The Committe4-737Yhed-said Agreement with the Ligns-Â·elvE-YZ; the Concession Stand locatg3~~m~...&!le fg-ijig/eer!827 The one-year Agreement provides for 15% of-lbliylfLsales to be paid as rent for the premises plua-a-175.00/year -7-â€¢-toward natural gas expenses. Other-Â»a,r-the natural gas fee, tGP~*49*~- change in the lease. LA-Cbmmittee expressed their appreciation- â‚¬B~*4Lpions -- Club Zg;;000â‚¬M~ir operation of the Concession Stand, and reco agppeval of the lease as presented. There being no further business, Chairman Hix adjourned the meeting at 9:08 A.M. Jr--- 6% Ac,61 0 016-u,Â£.J Vickie O'Connor, CMC, Town Clerk BRADFOROPUBLISHING.0 RECORD OF PROCEEDINGS Special Events Committee - December 9, 1993 - Page 2 pendbâ€¢Â§,onclusion of the decision model the Special_,E-effâ‚¬ line- item bud~D6..CEr was not completed. As the -290.1.-fs-now settled, Finance Offic 2*iddy r a reviewed Revenue a -expenses by line-item. The budget reflect234.42 following **~s : the compost machinery will not be replaced and~mi4.U~-fâ‚¬;~ved from the site by a private operator; the General -_-2â‚¬!T~. Transfer is $235,000; capital expenditures include.$0Â¢7580 to re~~ the floor in the Concession Stand and asphUD-05kk near said standr,.U,ctor will be replaced for an estimâ€¢â‚¬ed expenditure of $15,500; reâ‚¬h~i hazard materials storagg,wfIl be provided for $1,500; and a harroAâ€¢iâ€¢i.Lbe replaced for,~6bo. Staff reported that all costs for eviand/or operations are spread between 18 cost centers. 1 LIONS CLUB CONCESSION STAND LEASE - REOUEST APPROVAL. The Committee reviewed said Agreement with the Lions Club for the Concession Stand located at the fairgrounds. The one-year Agreement provides for 15% of the grohs sales to be paid as rent for the premises plus a $75.00/year fee toward natural gas expenses. Other than the natural gas fee, there is no change in the lease. The Committee expressed their appreciation to the Lions Club for their operation of the Concession Stand, and recommends approval of the lease as presented. There being no further business, Chairman Hix adjourned the meeting at 9:08 A.M. /9 , A.1 Al.It Â£- L C U ..4 f j Vickie O'Connor, CMC, Town Clerk LEASE THIS LEASE, made and entered into this day of , 19 , between the TOWN OF ESTES PARK, COLORADO, a municipal corporation, hereinafter referred to as Lessor, and the LIONS CLUB OF ESTES PARK, COLORADO, a Colorado Nonprofit Corporation, hereinafter referred to as Lessee. WITNESSETH: Lessor, for and in consideration of the covenants and agreements hereinafter set forth, to be kept and performed by Lessee, has leased and does hereby lease unto Lessee all those premises, situate in the Town of Estes Park, County of Larimer, State of Colorado, known and described as follows, to-wit: The Concession Stand attached to the Grandstand at Stanley Park. TO HAVE AND TO HOLD, the above described premises with the appurtenances, unto Lessee from January 1, 19 through January 1, 19 , and Lessee in consideration of the leasing of said premises aforesaid by Lessor to Lessee, covenants and agrees with Lessor as follows: 1. To pay to Lessor, as rent for said premises, fifteen percent (15%) of the gross sales from the operation of the Concession Stand, plus $75.00/year flat fee for natural gas expenses. For the purposes of this Lease, gross sales shall be the total amount of funds realized from all sales of food, beverages and tobacco products from the Concession Stand less sales tax, license fees, liquor liability insurance, and sums paid for capital improvements. Lessee shall be entitled to deduct from the yearly rent, an amount equal to the annual license fees paid to the Town of Estes Park and the State of Colorado for the 3.2% beer license. Capital improvements shall not include repairs as more fully set forth in Paragraph 3 of this Lease. Said rent shall be due and payable to the Estes Park Fairgrounds Director on or before the 31st day of December, during the term hereof beginning on December 31, 19 2. To keep complete and accurate records of Lessee's operation of said Concession Stand; and to submit to the Town of Estes Park, at the Office of the Estes Park Fairgrounds Director, a copy of such records on or before the rent payment dates as herein provided. 3. To make all necessary repairs to the interior of the demised premises during the term of this Lease, including all plumbing, painting, maintenance and replacing of all broken glass or fixtures; provided, however, should repairs become necessary because of structural defects and outside repairs, including the roof of the demised premises, they shall be made by Lessor at its expense. 4. To keep the demised premises safe and clean and in such order as may be required by the regulations of any governmental authority. 5. Not to alter the premises in any manner, except with Lessor's written consent. 6. To allow Lessor or its agents, at all reasonable times, to have free access to the demised premises for the purpose of examining or inspecting the condition of the same or the operation of the Concession Stand. 7. To furnish to Lessor a written physical inventory and statement of value of all improvements, fixtures and equipment presently located in the demised premises. Lessee shall keep said inventory and statement of value current by written notice of Lessor, whenever there are any additions to said improvements, fixtures and equipment. 8. Lessee agrees to procure and maintain during the term of this Lease, the following insurance coverages: A. Comprehensive General Liability Insurance of at least $150,000.00 per injury and $600,000.00 per occurrence. B. Liquor Liability Insurance for the sale of all alcoholic beverages sold by Lessee of at least $150,000.00 per injury and $400,000.00 per occurrence. C. The Lions Club and the Town understand and agree that the Town is relying on, and does not intend to waive, by any provision of this Lease, the monetary limitations (presently $150,000.00 per injury and $600,000.00 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act 24-10-101 et seq., C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents or employees. D. The Town shall be named as an additional named insured on said policies. 9. It is agreed by the parties hereto: A. All improvements, fixtures and equipment, except grills, shall become the property of Lessor when placed in the demised premises, and said improvements, fixtures and equipment shall be insured at Lessor's expense. B. Lessee shall have the concession for the sale of all food, drink, and tobacco products for the Stanley Park Grandstand 2 Area and for the blacktop in front of the Stanley Park Grandstand Area as described on Exhibit "A" attached hereto and incorporated herein by reference during the term of this Lease. Lessor specifically reserves the right to allow or license other concessionaires on the Stanley Park grounds other than the area specifically described on Exhibit ILA". C. Lessee shall operate said Concession Stand at all events scheduled at the Stanley Park Grandstand Arena, and when Lessor requests that the Concession Stand be operated for other events at Stanley Park. D. If Lessee shall fail to comply with the conditions of this Lease, or should not well and truly perform all and every one of the covenants and agreements herein contained on the part of the Lessee to be performed and kept, then this Lease shall, at the option of Lessor, cease and absolutely terminate. Notice of such termination shall be delivered to either the then acting President or the then acting Secretary of Lessee. E. In the event that changes occur which materially affect the operation of the demised premises, either party shall have the option to request that this Lease be renegotiated. F. Lessee may operate the Concession Stand other than at events scheduled at Stanley Park by the Town of Estes Park through the Estes Park Fairgrounds Director. Lessee will pay the Town as rent for the events covered by this specific paragraph five percent (5%) of the gross sales from the operation of the Concession Stand during these events. For the purpose of this specific paragraph only, gross sales shall be defined to mean the total amount of funds realized from all sales of food, beverage and tobacco products from the Concession Stand. IN WITNESS WHEREOF, the parties have set their hands the day and year first above written. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk LESSOR 3 LIONS CLUB OF ESTES PARK, COLORADO By: President ATTEST: Secretary LESSEEÂ· 4 , Mfi;fawW" 1,=-- <5 E- 25 Wk --fO#,5.36--~~~~~~ ~~<~~~ -/=EZE>,0-lcioiN in d H ... 1 ' \ 7 i/ \ U L) - 0 01 ~19 (3 0 1 1 0* ami. .>I ~ 64 9 , I . 9.-P 1 '.1 = i I o . AV \ \... C \\ /3. 11 I -6- iÂ» r--31 1) i / *R- 1 , F\Alw 41 til . 1\ 1 \\ Â£ b / 1 \It td i 401 //// / .r* 4 Â£ 93) ; 9/Â¥1 7 Ir- I I â€¢ r.4.--11 . / U 1!1 r. 0 , * 4/ t(13 -- / /7 -4. . 1 ty 1 F *im .D, x 32 . 1 / 0 1 41) 4 0/ 0 : 6 4/ f ~t 2 /LAF(E) 7/~ .7 :A ..4, //4 / / 4 1 . 0 6 1 -tj,DA~/ 0 1 // x . â‚¬ 0 1 a '41 4 . 1 i. i il l 4* 1 7 i d 3Q : i 94 2 . // 17 !2 7 00 / 3 11 + 0 - 97* .. .111. 1 d 4 1 4 \4 9. il :1 -7- 1.1 1 4 , 1 1 1 NATIONAL SI-ILLICIZIX JL SC)IJNIEÂ» 1559 South Broadway (303) 777-4970 Denver, Colorado 80210 December 7, 1993 Vickie O'Connor Town Clerk Town of Estes Park P.O.Box 1200 Estes Park, CO 80517 Re: Revised Town Council Sound System Dear Ms. O'Connor: Enclosed you will find an itemized equipmet list for the two phases of completing your town council sound system needs. As we discussed on the telephone, I have recently evaluated a new automatic microphone mixer from one of, iur suppliers which I feel is a better choice for this particular situation. Not only is it more user friendly but also less money. The system shall have the capability for up to sixteen inputs. The current microphone configuration will use fourteen inputs. The Audio Technica SmartMixer has a feature which we will use in this application known as "filibuster" or "first-come-first-served". In this mode only one microphone at a time can be "on". In other words, people cannot talk over each other. This feature, along with the new speaker compliment, will minimize the feedback problems you have had in the past In the l'filibuster" mode, we will also be able to give the mayor a priority status that will allow him/her to override any other open microphone thereby keeping control of the meeting. The savings over the first design has also allowed me to upgrade the speakers to Bose 102 F-72 commercial ceiling speakers. These will definately give you the best and most natural sound. I still will need to know as soon as possible about whether or not you want to exercise the wireless microphone option. Our price also includes the audio output for the video interface. We will put a junction box in the room in a convenient place for the patch. We will coordinate this location with the video company. We have scheduled the installation for the window of January 4th, 5th, & 6th. Therefore, owner training should be scheduled for either the 7th or the 10th at your convenience. This should give you enough â‚¬me to coordinate the time with those members from the city that need to learn about the system. It is always good to have at least two to three people available for training so that in the event the main person is unavailable there will be back-up people who are familiar with the basic opemtion. Keep in mind this system will be very simple to operate but it is always good to have a , few people that know a little more than just how to turn it on. As we discussed, we will provide a complete "as built" documentation package for your records. As before, we are breaking this project into two phases for your budgeting convenience. Both phases must be awarded for a complete system. Please call with any questions. Sincerely, - I A\ 1?9(40/ f /7 Jack Duncan ~ SdesÂ¥2*221 . CO 0 0 ..4 0 CO 00 96 96 . ..4 mi 0 0 0U ======= E.Â¤ 0Â¤ 0 0 m mo m o Im = = = m r-1 r-1 1 9 1-1 0 rH 2l 1 1 -0 > C . (10 1 4 1 U] CO n 1.0 U R .14 O 4-) 8 0 0 CD O X -4 (D CD -0 0 (D a r-1 ~ 0 r-1 DJ,CM t-1 1 1 1 4-1 / 0 ...1 C CD P 0 Â¤ 111 m ul .P ul 4.J Q I + A E E'Â¤ m (1) fo m ZOCK ty/ Project Extended 11 - AK 80 Comb Microphone 803-040 195.50 2,161.50 ovoice ND/457 Microphone ~ 220.50 220.50 Technica AT-MX341 Smart 630.00 2,520.00 ctrovice ND/457 214.50 429.00 00'EP 00'IE Bu-FonpaH uoIC'.exqj suIlÂ·V - 00'006 09'ZII sleD[eadS EL-i IOI asog - 8 00 'SL 8E'6 serlgea IateedS D-ZOI asoe - 8 00'LSâ‚¬'9 EINYMCINVH UVJ;OJLERS 00'EPI'I loquu 00'009'L I E[SVHd 'IV,LOH Vickie O'Connor Dept. Administration Date December 15, 1993 00.6 09.f YoeuesoOD 39-NO seIlÂ·V - E Ship to Muni. Bldg., 170 MacGregor Ave., Estes Park, CODeliver by date PURCHASE REQUISITION Quantity Measur Description Acct. # City/State/Zip Denver, CO 80210 National Speaker & Sound 1559 S. Broadway PHASE I: Vendor: IeAo.Iddy 0 0 ..4 0 CO 0U 96 -â€¢-1 E t 0 OO El - E.Q 0Â¤ O co om om m I===:: r-1 m I r-1 1-1 91â€¢ 0 r.-1 C .-3 m 1--IN I r--1 1 K U N m 9 3 2 0 O ZOO m 0 05 41 64 0 0 -1 0 4-1 0 0 -2 -1 1 8 W E 0 C Z 10 to 4 0 4-) 0 0 4 I - - t.n 1 11 4-) a) ...1 R >. a 2 2 '0 -P -4 >1 Z (1) 0 -4 2 m Zod< O 0 ty/ Project Extended roCo B/BC-16-60 Snake/Junctio -31 803-040 300.00 300.00 - ME30 Equalizer 327.00 327.00 50-28 Equipment Rack 364.50 364.50 903A Mixer/Amplifier w/ 358.50 358.50 00'OEE 00 ' 0EE arnpoW ZOI asos poi - I 09'EBE 06'EBE aolnqjil-SIG OV SXS lemod eu0 - I 00'6IE 00'6IE aex-FW/Jal.-4Â·FIdS 9EWS euPH - I 00'S9E'I 00.SS, seuOI.IdoaoIW PIeI-IpueH sseIa/IM - E OS'Lt,9'E EHVMGHVH UVQOIESS 00'LE9'I loquu 06'*81'S I I SISY-ld TIVI,0% 09'bBL'ZI E 9 I ' ?Id rIVI,0 Ji Vickie O'Connor Dept. Administration Date December 15, 1993 1dg., 170 MacGregor Ave., Estes Park, C0Deliver by date PURCHASE REQUISITION Quantity M easur Description Acct. # National Speaker & Sound Denver, CO 80210 1559 S. Broadway PHASE II: Vendor: '1 11 1, 1, TeAoiddv r-_X Judy A. Hoxsey 8 1983 Director DEC Phone (303) 586-8116 FAX (303) 586-0189 ESTES PARK PUBLIC LIBRARY Estes Valley Public Library District December 8, 1993 Mayor Bernie Dannels Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Recommendation of an appointment to fill the vacancy on the Library Board of Trustees created by Barbara Ludwig's resignation. Dear Bernie: Barbara Ludwig has resigned from the Library Board effective December 31, 1993 as she will be working as an exchange teacher in Australia during 1994. This leaves a vacant position to fill for a term that expires December 31, 1996. The Library Board wishes to recommend the appointment of Kathleen Hannigan to fill this vacancy. Mrs. Hannigan's application is attached as is the other application that was received when we advertised in October for two persons to fill the expired terms of John Adams and Dennis McHenry, who were subsequently reappointed. The Board is recommending Kathleen Hannigan for several reasons. She has a long standing interest in and support for the library district. She has applied for the Board previously and has served on both the Friends of the Library executive board and the Library Foundation board of directors as well as serving as a circulation desk volunteer in the library for several years. The Library Board is currently composed of one working man, three retired men, and two working mothers. As a retired woman, Mrs. Hannigan would represent a segment of our community that is not currently represented. Our next board meeting is January 3, 1994. We hope you will be able to make the appointment prior to that date. Thank you. Sincerely, Â»22= Becky Glowacki President, Board of Trustees P.O. BOX 1687 â€¢ 335 EAST ELKHORN AVENUE â€¢ ESTES PARK, CO 80517 26 00 - -emolect Application For Library Trustee -..-- .. (please type or print) Name Kathleen C. Hannigan Mailing Address P.O. Box 3035 Town Estes Park Phone 586-9387 Occupational Background: Receptionist-Secretary in Medical Billing Co. Condominium construction Co. (Varied duties) - Educational Background : B.A. from Denver University Present Civic Activities: Presently on Library Foundation Board, Cultural Arts Council Board and Committees in my church. Past Civic Activities: Our Lady of the Mountains Board; Friends of the Library Board; work on events such as Holiday House when time permits. Why are you interested in serving as a Library Trustee? I believe that a library is one of the most important:,services provided in any community. A good library has something of value ;to offer everyone. It particular' -- provides education and guidance to children when it is most important , for them to develop good habits and attitudes. We have an excellent library and it is important for it to continue as it is and to improve. What ideas would you like to pursue during your Board membership? First of all, I would like to keep the quality which we now havE in our library. Secondly, I feel it is very important for the library to take advantage of the many technological advances available today. I would like to see outreach to neighboring communities when it is financially possible. Other Comments: We have a great library run by a devoted staff. It will always be first on my list of important things to support. I have read the general description outlining the responsibilities involved in serving as a library trustee. I believe that I have the time, energy and interest to function in this capacity. 7 C .artz.Lej L /â€ž17--74 7~-C Â¥,4.- / 76-1,Lâ‚¬VÂ£ 1-tu) , | 99 9~ signature date JAMES M. LITTLEJOHN NOV 2 9 1993 ATTORNEY AT LAW P.O. BOX 1831 ESTES PARK, COLORADO 80517 303-586-4653 November 22, 1993 Board of Trustees Town of Estes Park P.O. Box 1200 Estes Park, Colorado 80517 Dear Mayor Dannels and Board Members: It is with some considerable sadness that I tender my resignation as Municipal Judge for the Town of Estes Park, effective December 31, 1993. I was first appointed to the position on April 14, 1976 by Mayor Harry Tregent almost eighteen years ago, and have since tried approximately 1700 matters plus the conduct of innumerable arraignments and other hearings. The judgeship has been the highlight of my twenty year legal career in Estes Park. None of this would have been possible without the steady and reliable hand of Mary Pearson as Municipal Court Clerk throughout the years. She has been the court clerk since May 9, 1969, almost 25 years, serving previously with Judge Ed Hummer. One could not thank her enough for her preparedness and her friendship. John Easley has given good service as assistant Municipal Judge and I do not hesitate to suggest that he continue in that capacity. Finally, I thank the people of the Town of Estes Park for having allowed me the opportunity to have been of service. S~ncerely, -4/ 1 /' Jam.As M. Littlejohn-- ~~/ - Muni\ipal Judge 7 Town *f Estes Park S EP 2 7 1993 0.911/ID Â£. STEINEg, 1%.0, 1389 (Big Ow[ *pad Affenspart, Coforado 80510 (303) 747-2595 Friday, September 24, 1993 Hon. Bernie Dannels, Mayor P.O. Box 1200 Estes Park, CO 80517 Dear Mr. Dannels: This letter is to apply for the position of Member of the Estes Park Historical Mgeum-Advisory-Bard.1 My family has been associated with this area since 1917 when my grandfather purchased 160 acres on Big Owl Road, four miles north of Allenspark. I spent all my summers (two months plus, excepting WW Il) here beginning in 1936 (I am 57 years old). I have been a resident of Boulder County since 1983 when I retired (Lt. Col., USAF) Currently I teach part-time at CU, Boulder, for the Department of Communications (Public Speaking) and the School of Education (Oral Communications for Teachers). I am president of the Board of Directors of the Allenspark WIND, our monthly newspaper, and I write a monthly opinion column. I also serve on the Boulder County Task Force for Single Entry Point for Long Term Health Services. Mrs. Steiner and I have been married for 33 years. She is a Registered Nurse who works (part-time) at Longmont United Hospital. My knowledge of the Allenspark/Longs Peak area, its people and its history would serve me well in assisting the Board. I know a great many of the current and past residents. My position with the WIND would enable the board to publicize current and future projects in a more personal and forceful way than through press releases. I owe favors to no one, I have no interest in self aggrandizement, and have no other motive than to serve the community in this important volunteer work. Sincerely, \ 9% @i 1, uy 44 133J Department of Natural Resources A Commitment To Progress Frank T. Lancaster, Director 498-5760 Post Office Box 1190 - -- -. Fort Collins, Colorado 80522-1190 LARIMER COUNTY COLORADO Board of County Commissioners Courtlyn W. Hotchkiss, District I Janet Duvall, District 11 Jim Disney, District 111 MEMORANDUM TO: RICH WIDMER, TOWN OF ESTES PARK FROM: FRANK LANCASTER, NATURAL RESOURCES Klz.-0 DATE: NOVEMBER 22, 1993 SUBJECT: EXTENSION OF TRANSFER STATION AGREEMENT WITH A-1 TRANSFER Attached are three copies of the contract extension with A-1 Transfer. Section 3 relates to title to facility at termination involves the Town. This is the same clause as contained and agreed upon in the original agreement. Since we're extending the agreement, our attorneys advised that the Town should also acknowledge extension of this portion. Please have the Mayor sign all three copies. One is for your files. Please return the other two to me. If you have any questions, please give me a call. Thanks PRINTED ON RECYCLED PAPER AGREEMENT CONCERNING RENEWAL OF SOLID WASTE TRANSFER STATION This Agreement, made this day of , 1994 between the Board of County Commissioners of Larimer County, Colorado ("County"), and A-1 Transfer, Inc. ("Operator"); WITNESSETH: WHEREAS, the parties hereto entered into an agreement concerning the Estes Park area solid waste transfer station on January 31, 1984 for a term of (10) years; and WHEREAS, the parties hereto believe it to be to the benefit of both parties to extend the term of the Agreement for an additional ten (10) year term provided in said Agreement at paragraph 4D; and WHEREAS, it is hereby agreed that said Agreement shall be continued until January 31, 2004, upon the terms and conditions contained in said Agreement as hereinafter modified. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties agree as follows: 1. That certain Agreement entered into between the parties hereto on January 31, 1984, shall be and is continued for an additional ten (10) year term according to the original conditions of said Agreement subject to the hereinafter mentioned changes and additions. 2. That the Operator shall carry in its own name insurance as set forth in Exhibit "A" incorporated herein by this reference. 3. Title to Facilities. Until termination of this extension agreement, title to all equipment and the building described on Exhibit "A" to the original Agreement shall be vested in the Operator. Upon termination of the term of this extension, title to all equipment as described on Exhibit "A" to the original 'agreement shall be transferred to, and fully vest in, the County which shall pay to the Operator the difference between Operator's initial actual costs for such equipment and the total of the annual payments the County has made to such time toward depreciation of the same. Said depreciation amounts shall be as determined by the auditor. Title to the building as described in the Exhibit "A" to the original agreement upon termination of this extension agreement shall be transferred to, and fully vest in, the Town of Estes Park (unless at such time it should decline to accept ownership) which shall pay the Operator the difference between Operator's initial actual costs for such building and the total of the annual payments the County has made toward depreciation of the same as computed by the auditor. If, at such time, the Town of Estes Park should decline to accept ownership, title to the building shall be transferred to, and fully vest in,,the County, which shall pay to the Operator the difference between Operator's initial actual costs of such building and the total of,annual payments the County has made to such time toward depreciation of the same as computed by the auditor. 4. Section 3A shall be deleted and replaced with the following: A. The Operator shall promptly submit accurate monthly invoices showing actual incoming cubic yardage for each month. To encourage an economic and efficient operation of the transfer station, annual payments shall not include payment for waste disposals on credit until that receivable has been collected. The Operator shall be responsible for the accurate determination of incoming cubic yardage of waste per vehicle and of total incoming cubic yardage of waste, and shall keep accurate records of the waste quantities and revenues by waste category. 5. Section 3E, line four (4) shall be modified so that $11,000 is replaced with $13,750.00. 6. Section 4B shall be deleted. 7. Section 4D, second paragraph, third line, strike the words "ten year." 8. Section 40, Operating Hours, paragraph 6 shall be deleted and replaced with the following: These hours are subject to change, as per the direction of the County. In addition to normal hours of operation, the Operator shall provide access to the transfer station for commercial trash haulers, who have filed adequate proof of insurance certificates with the Operator, on the days during which the transfer station is normally closed to the public. The only holidays during which the transfer station may close to the public are Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day and New Year's Day. 9. Section 4P, sentence 4 amended to read: Salvaged waste shall not be stored on the site with the exception of contained commodities set aside for recycling. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above indicated. A-1~RANSFER, INC. By: C,ok/L- f fl/ Pr#*ihent V BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER 1*J 1 1. f BY: 232-~za- : z<J, /0-~2*16Â£*_3 Chairma~~) I 't BILi~ -, f, 46241--LLe-3 4 DEPUTY CLERK OF SAID BOARD Approved as to the provisions in paragraph 3 above concerning ransfer of title. TOWN OF ESTES PARK By: Mayor (SEAL) ATTEST: Town Clerk DATE 10 /22/q3 APPROVE~AIS TO FORM lum Assistant County Attor*y EXHIBIT "A" EFFECTIVE 7/01/92 LARIMER COUNTY INSURANCE REQUIREMENTS FOR CONTRACTORS ESTES PARK TRANSFER STATION AGREEMENT Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GHL 0002 (Ed. 1/73) covering Comprehensive General Liability; and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto"; and 3. Workers' Compensation as required by the State of Colorado and Employers' Liability insurance. B. Minimum Limits of Insurance Contractor shall maintain limits of: 1. Comprehensive General Liability: $600,000 combined single limit or $150,000 per person and $600,000 per occurrence for bodily injury, personal injury and property damage. 2. Automobile Liability: $600,000 combined single limit or $150,000 per person and $600,000 per occurrence for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability: Workers compensa- tion limits as required by the State of Colorado and Employers' Liability limits of $100,000 per accident. or as otherwise required by the County. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by Larimer County. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, its employees, its agents, and any covered volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. Larimer County, its officers, its employees, its agents, and volunteers are to be covered as additional insureds as repects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the County, its officers, its employees, its agents or volunteers. b. The Contractor's insurance covarage shall be primary insurance as respects the County, its officers, its employees, its agents and volunteers. Any insurance or self-insurance maintained by the County, its officers, its employees, its agents, or volunteers shall be excess of Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County, its officers, its employees, its agents, or volunteers. d. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers' Liability Coverages The insurer shall agree ta waive all rights of subrogation against the County, its officers, its employees, its agents, and volunteers for losses arising from work performed by Contractor for the County. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by Certified Mail, Return Receipt Requested, has been given to the County, addressed to the following: LARIMER COUNTY RISK MANAGEMENT DEPARTMENT, P. 0. BOX 1190, FT. COLLINS, CO 80522. 4. Special circumstances and/or risks may require additional endorse- ments. E. Acceptabilitv of Insurers Insurance is to be placed with insurers with a Bests' rating of A:XIII,Â· or as otherwise required by the County. F. Verification of Coverage Contractor shall furnish the County with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the forms provided by the County or on standard "ACORD" or I.S.0. forms and are to be received and approved by the County before any contract will be awarded. G. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furhish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. H. Control The Larimer County Risk Mariagement Department has administrative control and monitors compliance with these requirements. All forms, Certificates and Endorsements must be returned to Larimer County Risk Management, P. 0. Box 1190, Ft. Collins, CO 80522 for approval. AGREEMENT CONCERNING ESTES PARK AREA SOLID WASTE TRANSFER STATION THIS AGREEMENT, made and entered into this --2/ day of OfkÂ·<'â‚¬Lf , 19.~y~ by and between the Board of Commissioners ' of Larimer County, Colorado ("County"), and A-1 Transfer, Inc. ("Operator"), WITNESSETH: WHEREAS, County desires to have a solid waste transfer station constructes and operated in the Estes Park area of Larimer County; and WHEREAS, County has determined that it is in its best interest that a person or entity experienced and qualified in the design, construction, operation and maintenance of solid waste disposal facilities be contracted with to design, construct, operate and maintain the said Estes Park transfer station; and WHEREAS, in response to invitations for proposals by County, Oper or submitted its proposal, and thereafter County determined that the proposal of Operator as modified and amended and supplemented herein. is in the best interest of County and that Operator is qualified and capable of providing the services which are required by County. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties agree as follows: 1. THE PROPOSAL. The term "Proposal" as used herein refers to the proposal made and submitted by Operator on or about 1/10/84 , a true copy of which is attached hereto as Exhibit "A" and incorporated by this reference. The Proposal is a general guideline, showing eligible cost/payment categories and estimated costs, for the construction and operation of a solid waste transfer station and the undertak- ing of certain other activities by Operator at the Site. Such DATEÂ·//zâ‚¬/84- APPR~'ED AS~ FORM: 14 dl- 664 Assistant County Attorney Proposal may be amended upon mutual agreement of the parties. 2. OPERATION AND MANAGEMENT. During the term hereof, Operator shall design, construct, install, operate, continue to operate, maintain, continue to maintain, and manage a solid waste transfer station to be known as the Estes Park Transfer Station, on land to be leased by Operator from the Town of Estes Park in a separate agreement between those parties, the land being described on Exhibit "B" attached hereto and incorporated herein by this reference (the land and station together being referred to sometimes herein as "Site"). This Agreement shall be contingent upon the Operator's successfully entering into a lease as above described with the Town of Estes Park. Specifically, Operator shall: A. Construct a solid waste transfer station (with gatehouse, proper roads and fencing) that can handle a minimal transfer of 40,000 cubic yards of appropriate solid waste per year in a safe and orderly manner, no later than May 1, 1984. Operator shall repair and maintain during the term hereof the access road from Elm Road to the transfer station, and the same shall be paved by the Operator to the satisfaction of the Larimer County Public Works Department no later than September 1, 1984. B. Install all necessary utilities to include, but not be limited to, water, sewer, electrical and telephone, as shall be necessary to operate the Site in a safe and orderly manner. C. Purchase in its name the capital equipment itemized in The Proposal. Said equipment shall be fully paid for on or before the expiration date of this Agreement. The Operator shall not offer or use said equipment as collateral for any loan or other transaction without the written approval of the County. D. Obtain all necessary licenses, permits and authorizations to operate the transfer station in his name. The -2- , Operator shall perform all functions hereunder so as to comply with all applicable laws and regulations and in a manner which will maintain minimum levels of cleanliness acceptable to the County. E. Provide for security as necessary to prevent all unauthorized entry into the Site and to protect existing and planned facilities. The operator shall report to the Larimer County Solid Waste Manager all events and occurences of which he is aware related to disposal or planned disposal of unauthorized waste at the site. F. Provide throughout the term hereof prepaid insurance for workmen's compensation, automobile and movable equipment liability, and general liability, in such amounts as shall, at all times during the term hereof, be approved by the County; the Operator shall provide to the County annually during the term hereof certificates of insurance evidencing the same. Conditionally, the Operator shall provide a performance bond and a payment bond regarding construction of the transfer station in such amounts as shall be approved by the County. G. Operate the transfer station only during such hours as shall be approved by the County and charge only such user charges as shall be approved by the County. 3. PAYMENT. A. The County shall pay the Operator nothing until the time the transfer station starts regular operation (anticipated to be approximately May 1, 1984). The County shall pay ttie Operator at the rate of $4.65 per incoming cubic yard of appropriate solid waste to the transfer station, between the time the transfer station starts regular operation and January 1, 1985. The Operator shall promptly submit accurate monthly invoices showing actual incoming cubic yardage for each month, and payment for each invoice shall be made within thirty days after the County -3- operation Of the transfer station, monthly payments shall not include payment for waste disposals on credit until that receiv- able has been collected. The Operator shall be responsible for the accurate determination of incoming cubic yardage of waste per vehicle and of total inwoming cubic yardage of waste, and shall keep accurate records of the waste quantities and revenues by waste category. B. The Operator shall timely collect and deposit revenues of the transfer station in an insured operating account under his name. The Operator shall accurately and timely account for and collect all accounts receivable and waste disposal accepted on credit. C. The Operator shall keep all necessary books and records pertaining to its operations hereunder on a calendar year basis, and the Operator shall provide to the County an annual report from an independent Certified Public Accountant licensed to practice in Colorado in which said accountant renders an unquali- fied or qualified opinion as to the accuracy and completeness of the Operator's books and records (an adverse or disclaimer opinion shall not be acceptable). Said report shall be completed and delivered to the County no later than February 15 of each year for the preceding year. D. Not later than March 15 of each year during the term hereof, payment to the Operator shall be adjusted by the County according to the amount of revenue receipts collected and deposited by the Operator in the account on a monthly basis and Operator's actual costs in the eligible cost categories as shown U in the Proposal during the preceding calendar year; total compen- sation is to be determined annually by the County at this time based upon the Operator's actual annual cost of operation and upon -4- the 12.5% operating margin to which he is entitled (as set forth in'the Proposal). E. It is understood that any savings in either capital or operating costsÂ· resulting from actual costs being lower than those estimated in the Proposal shall accrue to the County, with the exception that the $11,000 identified for repairs and maintenance in the Proposal will be considered as a fixed annual amount through the term of the Agreement, and will fulfill the County's total obligation for all maintenance and/or repairs to the equipment and/or facility. The Operator shall insure that all necessary repairs and maintenance are timely made and performed. Salaries paid by the Operator shall be based on Larimer County's pay plan for like classifications, and annual increases shall not exceed the annual increases permitted under Larimer County's then current pay plan, without the approval of the County. The Operator may only acquire capital equipment in addition to the items specified in the Proposal and to be paid by the County for those costs and related co,sts, after consultation with and written approval of the Larimer County Solid Waste Manager. The Operator must provide for competitive bidding for capital equipment and facilities acquired in excess of $1000 per item, and the Operator shall provide evidence of such competitive bidding to the County. Prior to making selection of any bid, the Operator shall advise the Larimer County Solid Waste Manager of its anticipated.selec- tion and receive approval therefor from said Solid Waste Manager. 4. GENERAL. A. EXCLUSIVF RIGHT. It is expressly determined and found by County and recognized and understood and agreed by Operator and County that, in order for Operator properly and efficiently and practicably to manage and carry on the operations at the Site contemplated by this Agreement, Operator must have the -5- right to use of the Site exclusive of such right in any person or , entity other than Operator to whom County might grant such right. To that extent and for that purpose, County does hereby transfer all of such right as it may have in the Site to Operator for the term of this Agreement or as such term may be extended in accordance with the provisions of this Agreement; AND, FURTHER, County promises not to transfer any of such right that it may have in the Site to any person or entity other than Operator for such period or periods or take any action not in accordance with this Agreement which would inhibit Operator's rights pursuant to this Agreement unless mandated by an authority of competent jurisdic- tion. Operator shall have exclusive salvage rights concerning waste properly received at the transfer station during the term hereof. B. INSURANCE. Operator shall procure, and prepay the premiums on, the following types of insurance in the initial amounts as hereinafter set forth and current certificates showing â€¢ the existence of such insurance on forms as provided therefor by the insurance companies involved or by the County, which shall be furnished to the County upon request: 1. Workmen's Compensation- Operator shall car- ry workmen's compensation and occupational diseases insurance as required by the statutes of the State of Colorado from a company authorized to do business in. the State of Colorado and with a company which meets with the reasonable approval of County. 2. Automobile Liability- Operator shall carry in its own name, automobile liability and property damage insur- ance with limits of not less than Five Hundred Thousand Dollars (500,000.00) for each person and One Million Dollars ($1,000,000.00) for each accident and One Hundred Thousand Dollars ($100,000.00) property damage liability, all in a company author- ized to do business in the State of Colorado and meeting with the -6- rdasonable approval of County. The County shall not be in the olicy as an additional named insured. 3. General Liability- Operator shall carry in its own name a comprehensive general liability policy covering all of its operations other than automobile, with limits of not less than Five Hundred Thousand Dollars ($500,000.00) for each occur- rence and in the aggregate for bodily injury and Five Hundred Thousand Dollars ($500,000.00) for each occurrence and in the aggregate for property damage and Umbrella liability of Two Million Dollars ($2,000,000.00) combined single limit per occur- rence, or the equivalent thereof. 4. Adjustments- During the term hereof the Operator shall adjust the amounts of its insurance according to any requests of the County pertaining thereto. 5. Performance Bond- If requested -by the County in writing, the Operator shall furnish to County a performance bond guaranteeing Operator's performance of all of the bligations of Operator hereunder, which bond shall be in such .enal sum as the County shall direct and shall be executed by Operator and by a surety company authorized to do business in the State of Colorado and reasonably approved by County. Such perform- ance bond shall run for such period of time as the County shall direct, and for any renewal thereof, and shall indemnify County against any loss resulting from the failures of Operator to perform any of its covenants or undertakings hereunder. 6. Payment and Performance Bonds- Operator shall obtain payment and performance bonding of itself and its construction contractors as and when it conducts construction work at the Site, assuring the prompt payment of mechanics and laborers and materialmen and the proper performance and completion of the work, with and from a surety company authorized to do business in the State of Colorado and in the form and substance as approved by -7- the Attorney for the County. Each copy of the policy of, or certificate of, the above and foregoing insurance requirements must bear the following special endorsement by the agent of the proposed insurance carrier: "This policy shall not be altered or cancelled without giving thirty (30) days' prior written notice, by certified mail, to the Director of the Larimer County, Colorado Department Of Public Works." In the event any insurance policy required herein shall be cancelled or altered without the approval of County, Operator shall immediately obtain substitute insurance coverage satisfactory to County. C. INDEMNIFICATION. Operator shall indemnify and save harmless County, its present and future elected officials, employees and agents, from and against any and all liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, and costs and expenses incidental thereto (including cost of defense, settlement, and reasonable attorney's fees), which any or all of them may hereafter suffer, incur, be responsible for or pay out as a result of bodily injuries (including death) to any person, damage (including loss of use) to any property (public or private), contamination of or adverse effects on the environment, or any violation or alleged violation of statutes, ordinances, orders, rules or regulations of any governmental entity or agency, directly or indirectly caused by, or arising out of the operation of the Site by Operator as a solid waste transfer station and out of any act or omission of Operator, its employees or subcontrac- tors in the performance of this Agreement and the performance of and payment under any contracts entered into by Operator. Insur- ance coverage and requirements herein constitute the minimum requirements, and said requirements shall in no way lessen or limit the liability of Operator hereunder. Notwithstanding any- -8- thing herein to the contrary, the Operator,' its employees, agents, ubcontractors and authorized assigns shall have no responsibility r liability with respect to or arising out of any act, omission or operation of any person or entity in any way relating to the Site prior to the commencement of the term of this Agreement or following the completion of the term of this Agreement and any extensions thereof. D. TERM OF AGREEMENT. The original term of this Agreement shall be for a period of ten (10) years, commencing January 1, 1984 and running to and through December 31, 1993. Following the end of the term of this Agreement, County and Operator may agree to extend this Agreement for an additional ten year term according to such conditions as to which the parties shall mutually agree in writing. E. INSPECTION. 1. Any governmental agency which has lawful jurisdiction over the Site or the operations at the Site, ncluding County, may make inspections Of the Site and its erations at any time that the Site is open for business or at any other time or times which may be reasonable for such inspec- tions, provided however, that such inspections shall be made by only authorized personnel of such authorities or of County. Such inspections shall not interfere with the orderly operation of the Site by Operator. 2. The books and records of Operator concern- ing all operations and capital expenditures hereunder shall be subject to inspection and audit by County at the expense of the County at all reasonable times during the term hereof. F. RATES AND CHARGES FOR DISPOSAL. 1. Operator shall impose and collect charges for the use and service of the Site from users and customers including Operator computed in accordance with the Charges for -9- Disposal for the transfer station which are set forth in Exhibit "C" which is attached hereto and made a part hereof for the calendar year 1984. 2. County and Operator recognize, understand, and expressly agree that there shall be a need to adjust the rates for charges for the transfer station for calendar years subsequent to 1984 during the term of this Agreement. It is expressly understood and agreed that County shall, in its sole discretion, fix and determine rates for charges at the transfer station annually and that such rates for charges shall be imposed and collected by Operator during the period of their application. G. TITLE TO WASTE. Title to all solid waste deposited at the Site shall be vested in the Operator. County shall not be entitled to maintain any activity or operation at the Site which interferes with the construction or operations en- visioned by this Agreement and the Proposal. Operator reserves all ~ reclamation rights to the solid wastes and. to the proceeds of reclamation of solid wastes through the term of this Agreement. H. TITLE TO FACILITIES. Until termination of this Agreement or until the completion of the term of this Agreement, title to all equipment and to the building, - as described in the Proposal, shall be vested in the Operator. Upon termination of this Agreement or upon completion of the term 'of this Agreement, title to all equipment, as described in the Proposal, shall be transferred to, and fully vest in, the County, which shall pay to the Operator the difference between Operator's initial actual cost for such e4uipment and the total of the annual payments the County has made to such time toward depreciation of the same. Upon termination of this Agreement or upon completion of the terms of this Agreement, title to the building as described in the Proposal shall be transferred to, and fully vest in, the Town -10- of,Estes Park (unless at such time it should decline to accept -wnership) which, in consideration therefor, shall pay to the erator the difference between Operator's initial actual cost for such building and the total of the annual payments the County has made to such time toward depreciation of the same. If at such time the Town of Estes Park should decline to accept ownership, title to the building shall be transferred to, and fully vest in, the County, which shall pay to the Operator the difference between Operator's initial actual cost for such building and the total of the annual payments the County has made to such time toward depreciation of the same. I. CONDEMNATION. In the event the Site shall be taken by or pursuant to any governmental authority or through the exercise of the right of eminent domain; or in the event any part of the Site, or any interest therein, including, but not limited to the right of free access to the Site, is taken or substantially interfered with which in the opinion of the Operator, renders the -'te not suitable for the operation of the Site as contemplated by s Agreement and the Proposal, then and in such event, at the option of Operator, Operator may continue the operation of the remaining portion of the Site or cancel this Agreement, but nothing herein shall be deemed a waiver of the right of Operator to any award for compensation or damages to it or to its interests in said Site caused by such taking, whether made separately or as a part of a general award. Should Operator be prevented from using any federal, state, county or local road for access to the Site, then and in that event Operator may continue to operate without waiving any rights hereunder to compensation or damages. J. FORCE MAJEURE. The performance of this Agree- ment may be suspended and the obligations thereunder excused, in the event and during the period that such performance is prevented by a cause or causes beyond the control and responsibility of -11- Operator. Such causes may include acts of God, acts Of war, prohibitive weather conditions, riot, .fire, explosion, accident, flood or sabotage; lack of adequate fuel, power or raw materials; or an unconditional prohibition of the operation of the Site by judicial order, administrative or governmental laws, regulations, rules, requirements, orders or actions, including refusal to issue, cancellation, suspension or revocation of any permit, license or other authorization necessary for the construction and/or operation envisioned by this Agreement or the Proposal; or national defense requirements; or injunction. K. INDEPENDENT CONTRACTOR. Operator is and shall perform this Agreement as an independent 0contractor, and as such, shall have and maintain complete control over all of its employ- ees, subcontractors, agents, and operations. Neither Operator nor anyone employed by it shall be, represent, act, purport to act or be deemed to be the agent, representative, subcontractor, em- ployee, officer, or servant of County. L. ASSIGNMENT AND SUBLETTING. Excepting agree- ments relating to contruction at the Site and other agreements made prior to the date of this Agreement, Operator shall not assign or sublet the whole or any part of the Agreement without the prior written consent of County. County may, in its sole discretion, reject in writing any such subcontract or subcon- tractor. Services subcontracted under the Agreement shall be specified by written agreement and shall be subject to each applicable provision of this Agreement with appropriate changes in nomenclature in referring to parties to such subcontract. If any subcontractor shall fail to perform the work undertaken by him in a manner satisfactory to the County, its subcontract shall be immediately terminated by Operator upon written notice from County and in event of such termination, Operator shall complete such work by contract or otherwise, failing such, County may prosecute -12- such work to completion and Operator and its sureties shall be liable to County for any costs occasioned County thereby. Nothing ontained in this Agreement shall create any contractual relation between any subcontractor and County. Operator shall give County immediate notice in writing of any action or suit filed, and prompt notice of any claim made against Operator by any subcontractor or vendor which may result in litigation, related in any way to this Agreement. M. TAXES. Any and all taxes, assessments or fees relating to the use of the Site by Operator or construction or operations on the Site shall be paid by Operator. N. THIRD PARTY OWNERSHIP. It is recognized by County and Operator that the Town of Estes Park is record owner of the Site. The Operator shall enter into a separate lease agreement with the Town of Estes Park allowing Operator's possession and use of the Site during the term hereof, and any extensions, for its operations and purposes hereunder. O. HOURS OF OPERATION. The initial hours of peration shall be as follows: October 1 to April 30, Tuesday-Thursday-Satur- day, 8:00 a.m. to 4:00 p.m. May 1 through May 31, Tuesday-Wednesday-Thurs- day-Friday-Saturday, 8:00 a.m. to 4:00 p.m. June 1 through August 31, Monday through Saturday, 8:00 a.m. to 4:00 p.m., Sunday 9:00 a.m. to 3:00 p.m. September 1 through September 30, Tuesday- Wednesday-Thursday-Friday-Saturday, 8:00 a.m. to 4:00 p.m. These hours are subject to change, as per the direction of the County. In addition to normal hours of operation, the Operator shall provide access to the transfer station for commercial trash haulers on the days during which the transfer station is normally closed to the public, with the exception of Sundays. The only holidays during which the transfer station may -13- be closed to the public are Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas and New Year's Day. P. CLEANLINESS; APPROPRIATE WASTE. The Operator shall be entitled to keep as his property any of the existing signs utilized on the Site at the existing landfill. The Operator shall maintain the Site and the paved access road in a clean, litter-free and orderly manner. Loose or blowing trash shall not be permitted, and salvaged waste shall be placed in bins or other containers at the Site. Salvaged waste shall not be stored on the Site. The transfer station shall accept only solid waste. NO sludge, liquid waste, hazardous waste Or car bodies shall be appropriate or accepted by the Operator. Q. LANDFILL. The County shall provide limited access for the Operator to the Fort Collins-Loveland landfill during periods the said landfill is normally closed to the public, to accommodate only the Estes Park transfer station operation hereunder. Any other operations by the Operator (not connected with this Agreement) shall be transacted during the said land- fill's normal operational hours. In its operations hereunder, the Operator shall pay dump fees at the Fort Collins-Loveland land- fill; however, the County reserves the right to waive part or all of such fees until such time as the operation of the transfer station becomes self-supporting. R. COUNTY AUTHORIZATION REQUIRED. The Operator shall not permit anyone or any entity to dump at the transfer station without charge unless authorized in writing by the County. The Operator shall not permit anyone or any entity credit for dumping at the transfer station unless authorized in writing by the County. The Operator shall not contract with anyone or any entity regarding any aspect of its operations hereunder without written authorization of the County. S. TAX CREDITS. Any benefits regarding investment tax credits accruing because Of the acquisition of capital -14- property hereunder shall accrue to the Operator (except that unused tax credits shall be apportioned between the parties upon ermination of this Agreement or its expiration, according to any payments County makes to the Operator to acquire title to the facilities under Paragraph 4H hereof). T. TERMINATION; BREACH BY Operator. This Agree- ment may be terminated by the County for justifiable cause upon 30 days' written notice. In the event County shall bring any legal action against Operator to enforce any of its rights hereunder, Operator shall pay all of County's costs and shall pay County's reasonable attorney fees in doing so. In the event of breach of this Agreement by Operator, County may, in addition to all other remedies that may be available to it, seek and obtain specific performance of this Agreement. U. NOTICES. All notices given under this Agree- ment shall be deemed properly served if delivered in writing personally, or sent by certified mail to County, to the Board of County Commissioners of Larimer County, Colorado, P.O. Box 1190, ,rt Collins, Colorado 80522, with a copy to the Director of the Department of Public Works of Larimer County, Colorado, P.O. Box 1190, Fort Collins, Colorado 80522, and to Operator, to A-1 Transfer, Inc., P.O. Box 2162, Estes Park, Colorado 80517. bate of service of notice served by mail shall be the date on which such notice is deposited in a post office of the united States Post Office Department. V. ENTIRE AGREEMENT. This Agreement embodies the entire understanding between the parties hereto relating to the sub - ect matter hereof and shall not be modified, changed or alue-red in any respect except in writing signed by both parties. W. GOVERNING LAW AND SEVERABILITY. This Agreement shall be governed by the laws of the State of Colorado applicable to contracts made and to be performed in said State. Any action at law or in equity brought by either County or Operator against the -15- other shall be brought in the District Court of Larimer County, Colorado which is located at Fort Collins, Colorado. The provi- sions of this Agreement shall be deemed to be severable and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of other provisions hereof. In the event of a conflict between the terms or the conditions of this Agreement and those of any Exhibit attached hereto, the terms and conditions of this Agreement shall take precedence. Operator shall at all times observe and comply with all local, state and federal laws and regulations, which in any manner limit, control, or apply to the actions or operations of Operator, its subcontractors, or its or their employees, agents or servants, engaged upon the work or affectingÂ· the materials supplied to or by them under the Agreement. X. COUNTY'S WASTE. The County shall be entitled to receive priority treatment at the transfer station during the term hereof with respect to the timing of disposal and the volume of disposal of County waste. However, the County (and any of its departments), as well as all other public agencies, shall pay the appropriate dump fee. IN WITNESS WHEREOF, the parties have set their hands on the day and year indicated on the first page of this Agreement. A-1 TRANSFER, INC. /3 By: c/ ,dl E E#Â£4 Authdrized 'Agent V 0 BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO By: 4 1 1 v,1 r j.\ Chairrnhn F ll /9 -16- [SEAL] ATTEST: 47/k/ , Deputy *erk ot said Board APPROVED AS TO THE PROVISIONS OF PARAGRAPH 4. H. TOWN OF ESTES PARK A Â».. 4*no,n52>_ 3-rrdkkt, Mayolf / [SEAL] ATTEST: 2 2 La Town Clerk / -17- RESOLUTION NO. -93 -- WHEREAS, in order to refinance its outstanding bonds, the Estes Park Urban Renewal Authority (the "EPURA") is preparing to issue its Tax Increment Revenue Refunding Bonds in the aggregate principal amount of $7,650,000 (the "Refunding Bonds"); and WHEREAS, it is necessary to amend the Conference Center Lease Purchase Agreement entered into by and between the Town of Estes Park, Colorado (the "Town") and the EPURA as of November 15, 1989, to reflect the refinancing; and WHEREAS, the appropriate officials of the Town have negotiated the First Amendment to Conference Center Lease Purchase Agreement (the "First Amendment") between the Town and the EPURA; and WHEREAS, it also is necessary to amend the Cooperation Agreement entered into by and between the Town and the EpuRA as of November 15, 1989, to reflect the refinancing and the First Amendment thereto has been negotiated by the appropriate officials of the Town; and WHEREAS, it also is necessary for the Town to authorize the execution of an Omnibus Certificate and a No Arbitrage Certificate as a part of the proceedings for the issuance of the Refunding Bonds; and WHEREAS, the Board of Trustees of the Town has determined it to be in the best interest of the Town of Estes Park to take the following actions with regard to the aforementioned documents; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. The Board of Trustees of the Town hereby authorizes the execution, delivery, and performance of the First Amendment to Conference Center Lease Purchase Agreement and the First Amendment to the Cooperation Agreement, dated as of December 1, 1993, between the Town and the EPURA, each in substantially the form presented to the Board of Trustees of the Town on December 14, 1993. 2. The Board of Trustees of the Town hereby authorizes the Mayor and Town Clerk of the Town to execute the Omnibus Certificate 24464.1/5107.1/120993/DSBA and the No Arbitrage Certificate, each in the form as presented to the Board of Trustees on December 14, 1993. THE TOWN OF ESTES PARK, COLORADO H. Bernard Dannels, Mayor ATTEST: Vickie O'Connor, Town Clerk 24464.1/3107-1/120993/DSBA 2 STATE OF COLORADO ) CERTIFIED COPY OF MINUTES ) RELATING TO AUTHORIZATION OF COUNTY OF LARIMER ) SS. FIRST AMENDMENT TO CONFERENCE ) CENTER LEASE PURCHASE AGREEMENT TOWN OF ESTES PARK ) AND CERTAIN OTHER DOCUMENTS I, Vickie O'Connor, the duly qualified and acting Town Clerk of the Town of Estes Park, Colorado, do hereby certify that the foregoing pages are true, perfect, and complete copies of the record of proceedings, insofar as such proceedings relate to the authorization of the First Amendment to the Conference Center Lease Purchase Agreement and certain other documents in connection with the issuance of refunding bonds by the Estes Park Urban Renewal Authority referenced therein, of the Board of Trustees of the Town of Estes Park, colorado, had and taken at a regular and lawful meeting of the Board of Trustees held at the Town of Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado, on December 14, 1993, commencing at the hour of 7:30 p.m., as recorded in the regular official book of the proceedings of the Board of Trustees kept in my office, said proceedings were duly had and taken as therein shown, the meeting therein shown was duly held,and the persons therein named were present at said meeting as therein shown. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Estes Park, Colorado as of the day of ----- December 1993. TOWN OF ESTES PARK, COLORADO [S E A L] By: Town Clerk 24464.1/5107-1/120993/DSBA 3 FIRST AMENDMENT To COOPERATION AGREEMENT THIS FIRST AMENDMENT TO COOPERATION AGREEMENT (the "First Amendment") is dated as of December 1, 1993, and entered into by and between the TOWN OF ESTES PARK, COLORADO, a Municipal Corporation (the "Town"), and the ESTES PARK URBAN RENEWAL AUTHORITY, a Colorado Urban Renewal Authority, a body corporate and politic of the State of Colorado ("Authority"); WITNESSETH: WHEREAS, it is necessary to amend the Cooperation Agreement dated as of September 1, 1988 (the "Cooperation Agreement"), entered into by and between the Town and the Authority; and WHEREAS, all capitalized words and terms used in these recitals and in this First Amendment shall have the meanings assigned them in the Cooperation Agreement and in these recitals and this First Amendment; and WHEREAS, the Cooperation Agreement was originally executed in connection with the issuance by the Authority of its Tax Increment Revenue Refunding Bonds, Series 1988 (the "Series 1988 Bonds"), pursuant to that certain Indenture of Trust between the Authority and Central Bank of Denver as Trustee (the "Original Indenture"); and WHEREAS, the Authority has, by resolution adopted on December 2, 1993 (the "Refunding Bond Resolution"), authorized the issuance of that certain series of refunding bonds designated "Estes Park Urban Renewal Authority, (Estes Park, Colorado) Tax Increment Revenue Refunding Bonds, Series 1993" (the Refunding Bonds") in the aggregate principal amount of $7,650,000; and WHEREAS, the Refunding Bonds are being issued to refinance at a lower interest rate all of the Authority's outstanding bonds and to pay the costs of issuance of the Refunding Bonds, pursuant to and as set forth in that certain Indenture of Trust between the Authority and The Bank of Cherry Creek, N.A. as Trustee (the "Indenture"), dated as of December 1, 1993, which document is authorized by the Refunding Bond Resolution; and WHEREAS, after the issuance of the Refunding Bonds, the Series 1988 Bonds and the other series of bonds issued pursuant to the Original Indenture (as supplemented) will be defeased and the lien of the Original Indenture and its supplement will be discharged and such documents will be of no force and effect; and WHEREAS, the Town and the Authority wish to reflect the substitution of the Refunding Bonds for the other outstanding bonds 24514.1/3107-1/120993/DSBA of the Authority and insure that the cooperation agreed upon in'the Cooperation Agreement with respect to payment of bonds issued - pursuant to the Original Indenture will continue with respect to the payment of the Refunded Bonds issued pursuant to the Indenture; and WHEREAS, only those provisions of the Cooperation Agreement which are specifically modified by this First Amendment shall be affected by this First Amendment, the intent being that the Cooperation Agreement, as amended by this First Amendment, shall remain in full force and effect; NOW THEREFORE, for and in consideration of the mutual promises and covenants herein and in the Cooperation Agreement contained, the parties hereto agree to modify, add, and delete provisions of the Cooperation Agreement as follows: Section 1. Modification of Section 2 of the Cooperation Agreement. The first paragraph of Section 2 of the Cooperation Agreement shall be amended to read as follows: "In accordance with the Indenture of Trust between the Authority and The Bank of Cherry Creek, N.A. (the "Indenture"), dated December 1, 1993 (incorporated herein by this reference), in relation to the Tax Increment Revenue Refunding Bonds, Series 1993 (the "Bonds"), issued by the Authority, the portion of incremental sales tax revenues within the Redevelopment Area pledged and paid by the Town to The Bank of Cherry Creek, N.A., the Trustee for the Bonds, for the payment of the Bonds, shall be in the amounts determined by the Authority pursuant to the formula contained in Article I of the Indenture." Section 2. Modification of Section 4 of the Cooperation Agreement. Section 4 of the Cooperation Agreement shall be amended to read as follows: "The Town shall not act or fail to act in any manner which may cause the Authority to be in default of any provision of the Indenture and shall cooperate in all reasonable respects with the Authority to enable the Authority to fulfill its obligations under the Indenture." Section 3. Ratification of the Cooperation Agreement. The Town and the Authority hereby ratify the terms and provisions, with amendments as set forth in this First Amendment. The parties have executed this First Amendment effective on the date first above provided. ATTEST: TOWN OF ESTES PARK, COLORADO Town Clerk Mayor 24314.1/5107-1/120993/DSBA FIRST AMENDMENT TO CONFERENCE CENTER LEASE PURCHASE AGREEMENT THIS FIRST AMENDMENT TO CONFERENCE CENTER LEASE PURCHASE AGREEMENT (the "First Amendment") is dated as of December 1, 1993, and entered into by and between THE ESTES PARK URBAN RENEWAL AUTHORITY (the "Lesser"), as the lessor hereunder, a Colorado Urban Renewal Authority duly organized, existing, and in good standing under the laws of the State of Colorado, and THE TOWN OF ESTES PARK, COLORADO (the "Town"), as lessee hereunder, a political subdivision duly organized and existing under the constitution, statutes, and laws of the State of Colorado; WITNESSETH: WHEREAS, it is necessary to amend the Conference Center Lease Purchase Agreement dated as of November 15, 1989, entered into by and between the Lessor and the Town and referred to therein ( together with any amendments made thereto in accordance therewith) as the "Lease"; and WHEREAS, the word "Lease" and all other capitalized words and terms used in these recitals and in this First Amendment shall have the meanings assigned them in the Lease and in these recitals and this First Amendment; and WHEREAS, the Lease was originally executed in connection with the issuance by the Lesser of the Series 1989 Bonds pursuant to the First Supplemental Indenture, which was supplemental to the Original Indenture pursuant to which the Series 1988 Bonds had been issued; and WHEREAS, the word "Indenture" as originally defined in the Lease referred to the Original Indenture and the First Supplemental Indenture collectively; and WHEREAS, the Lesser has, by resolution adopted on December 2, 1993 (the "Refunding Bond Resolution"), authorized the issuance of that certain series of refunding bonds designated "Estes Park Urban Renewal Authority, (Estes Park, Colorado) Tax Increment Revenue Refunding Bonds, Series 1993" (the "Refunding Bonds") in the aggregate principal amount of $7,650,000; and WHEREAS, the Refunding Bonds are being issued in order to refinance at a lower interest rate both the Series 1988 Bonds and the Series 1989 Bonds and to pay the costs of issuance of the Refunding Bonds, pursuant to and as set forth in that certain Indenture of Trust between the Lesser and The Bank of Cherry Creek, N.A., dated as of December 1, 1993, which document is authorized by the Refunding Bond Resolution; and WHEREAS, after the issuance of the Refunding Bonds, the Series 1988 Bonds and the Series 1989 Bonds will be defeased and the liens of 24400.1/3107-1/120993/DSBA the Original Indenture and the First Supplemental Indenture will be discharged and such documents will be of no force and effect; and WHEREAS, the Lessor and the Town wish to re-define the word ~ "Indenture" for purposes of the Lease as the December 1, 1993 Indenture of Trust between the Lessor and The Bank of Cherry Creek, N.A., and to re-define the word "Trustee" for purposes of the Lease as The Bank of Cherry Creek, N.A., in Denver, Colorado; and WHEREAS, the Lessor and the Town wish to re-define certain other terms to reflect the issuance of the Refunding Bonds; and WHEREAS, pursuant to the Indenture (as such word is re-defined), the Lessor will pledge all monies received under the terms of the Lease to the Trustee (as such term is re-defined); and WHEREAS, only those provisions of the Lease which are specifically modified by this First Amendment shall be affected by this First Amendment, the intent being that the Lease, as amended by this First Amendment, shall remain in full force and effect; NOW THEREFORE, for and in consideration of the mutual promises and covenants herein and in the Lease contained, the parties hereto agree to modify, add, and delete provisions of the Lease as follows: Section 1. Re-Definition of Certain Words and Terms. The following terms shall be re-defined for purposes of the Lease as follows: "Bond Fund" means the special fund created under Section 4.03 of the Indenture for the purpose of holding and disbursing to Bond Holders the Base Rentals paid by the Town. "Bond Holder" means the owner or holder of any of the Refunding Bonds that are outstanding. "Indenture" means the Indenture of Trust between the Lesser and The Bank of Cherry Creek, N.A., dated as of December 1, 1993. "Reserve Fund" means the special fund created under Section 4.03 of the Indenture, which is to be disbursed as provided in Section 4.07 of the Indenture. "Reserve Fund Requirement" means the sum of $765,000, plus, in the event Additional Bonds are issued by the Lessor, an amount equal to ten percent (10%) of the aggregate principal amount of such Additional Bonds. Section 2. Notices. The Trustee and its address shall be included in Section 15.1 of the Lease as The Bank of Cherry Creek, N.A., Attention: Corporate Trust Department, 3033 East First Avenue, 24400.1/5107-1/120993/DSBA 2 , Denver, Colorado 80206, and the name and address of Central Bank Denver, National Association, shall be deleted from such section. Section 3. Base Rentals. Exhibit B to the Lease shall be amended to reflect the following revised schedule: xear laBLBantale 1994 $ 231,479 1995 235,000 1996 240,000 1997 245,000 1998 250,000 1999 255,000 2000 260,000 2001 265,000 2002 300,000 2003 345,000 2004 400,000 2005 450,000 2006 550,000 2007 648,557 2008 700,000 Section 4. Ratification of Lease. The Lessor and the Town hereby ratify the terms and provisions, with amendments as Bet forth in this First Amendment. IN WITNESS WHEREOF, the Lesser has executed this First Amendment in its corporate name with its corporate seal hereunto affixed and attested by its duly authorized officers; and the Town has caused this Lease to be executed in its corporate name and the seal of the Town affixed and attested by duly authorized officers thereof, all of the above are effective as of the date first above written. THE ESTES PARK URBAN RENEWAL Authority, as Lesser (SEAL) By: J. Donald Pauley, Chairman Atteet: Arthur L. Anderson, Secretary 24400.1/3107-1/120993/DSBA 3 THE TOWN OF ESTES PARK, COLORADO (SEAL) By: H. Bernard Dannels, Mayor Attest: vickie O'Connor, Town Clerk STATE OF COLORAOD ) COUNTY OF ) The foregoing was acknowledged before me this day of ----- , 1993 by Arthur L. Anderson, as Secretary, and J. Donald Pauley, as Chairman of The Estes Park Urban Renewal Authority. WITNESS my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) COUNTY OF ) The foregoing was acknowledged before me this day of ----- , 1993 by vickie O'Connor, as Town Clerk, and H. Bernard Dannels, as Mayor of The Town of Estes Park, Colorado. WITNESS my hand and official seal. My Commission expires: Notary Public 24400.1/3107-1/120993/DSBA 4 THE ESTES PARK URBAN RENEWAL AUTHORITY, AS LESSOR, A Colorado Urban Renewal Authority, and THE TOWN OF ESTES PARK, COLORADO AS LESSEE, A Political Subdivision Duly Organized and Existing Under the Constitution, Statutes and Laws of the State of Colorado CONFERENCE CENTER LEASE PURCHASE AGREEMENT Dated as of November 15, 1989 . A:ep-1 \that the acts of budgeting and appropriating funds are legislative acts and, as such, are solely.ibithin the discretion of the Board. / (f) There is no litigation or proceeding pending or, to the best and reasonable,knowledge of the Lessor, threatened against the Lessor or any other person affecting the right ofÂ·'the Lessor to execute or deliver this Lease or the Indenture or to comply with its obligations under this Lease or the Indenture. Neither the execution and delivery of this Lease and the Indenture by the Lessor, nor compliance by the Lessor with its obligations under this Lease and the Indenture, require the approval of any regulatory body, or anÂ¥ other entity, which approval has not been obtained. (g) No event has occurred and no condition exists which, upon the issuance of the Bonds, - would constitute an Event of Default on the part of the Lessor under this Lease or the Indenture. (h) This Lease constitutes a legal, valid and binding obligation of the Lessor enforceable in accordance Mith its terms. . ARTICLE III 1 .. . DEMISING CLAUSE Thd' Lessor demises and leases the Proj ect toÂ«the Town, And the Town leases the Proj ect from the Lessor,lin accordance with the provisions of this Lease, subject ontÂ¥ to ~Permitted Encumbrances, to have and to hold for the\ Original Term and the Renewal Terms, if any. J ARTICLE IV LEASE TERM Section 4.1. Commencement of Lease Term; Renewals. EP The Lease Term shall commence as of November 15, 1989. The Original Term shall terminate on December 31, 1989. The Lease Term may be continued, solely at the option of the Town, through the first Renewal Term for an additional one year and for each of the additional Renewal Terms thereafter, each of one year in duration, except that the final Renewal Term, if any, shall commence on January 1, 2008 and shall terminate on December 31, 2008 or, if all Base Rentals and Additional Rentals have not then been paid by the Town, on such later date as all Base Rentals and Additional Rentals are paid by the Town. -14- . EXHIBIT "B" BASE RENTALS Year Base Rental 1990 $ 151,559 1991 151,559 1992 151,559 1993 151,559 1994 231,479 1995 234,936 1996 233,199 1997 207,324 1998 207,324 1999 231,436 2000 229,649 2001 251,936 2002 460,269 2003 444,929 2004 423,961 2005 571,320 2006 561,054 2007 572,929 2008 395,457 --- 6 NUV 22 1993 0-"7-0 Moody& Investors Service 99 Church Street New York, NY 10007 November 15, 1993 Mr. Arthur L. Anderson Executive Director Estes Park Urban Renewal Authority 170 Mac Gregor Avenue, Room 213 Estes Park, Colorado 80517 Dear Mr. Anderson: We wish to inform you that our Rating Committee has assigned the rating of Baal to the $7,765,000 Estes Park Urban Renewal Authority, Colorado Tax Increment Revenue Bonds to be sold November 19, 1993. In order that we may maintain the rating, we will require current updating information. We will appreciate your continued cooperation in the future. We would appreciate receiving a copy of the final Official Statement when available. You will be receiving a copy of our credit report on the above referenced bond sale. Should you have any questions regarding the above, please do not hesitate to contact Ditmar Kopf at (212) 553-4837. Sincerely, k.u.CO, .L~~~W-I~-' Daniel N. Heimowitz Executive Vice President Director Public Finance Department DK:tn cc: Mr. Jim Kreidel George K. Baum 717 17 th Street Suite 2500 Denver, Colorado 80202-3354 RESOLUTION NO. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107(1)(g), C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees find and determines that the Petition filed with the Town requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred (100%) percent of the landowners in the area proposed to be annexed and owning one hundred (100%) percent of the area, excluding public streets, and alleys and any land owned by the annexing municipality. Such area, if annexed, will be known as "KENOFER ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: Property located in Section 25, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particularly described as commencing at a point 100 feet West of the Northeast corner of the Southeast f of the Southwest k of said Section 25, said point being true point of beginning; thence West along the North line of the Southeast 1 01 the Southwest 11 of said Section 25, distance of 223.4 feet; thence South distance Of 673.5 feet; thence East distance of 223.4 feet; thence North distance of 673.5 feet to the true point of beginning. The South line of the above described tract to be parallel with the North line of the Southeast 1 of the Southwest 1 of 4 rd Z (ct {Cl said Section 25. The East and West line of the above described tract to be parallel with the East line Of the Southeast 4 of the Southwest i of said Section 25. Known as No. TBD, Estes Park, CO 80517 IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S., a public hearing shall be held on January 25, 1994, at 7:30 P.M., in the Municipal Building, located at 170 MacGregor, Estes Park, Colorado, for the purpose of determining if the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing as provided in Section 31-12-108(2), C.R.S. IT IS FURTHER RESOLVED, that the plat of the Kenofer Addition be referred to the Planning Commission to begin the necessary procedures to make the property subject to the zoning ordinances of the Town. DATED THIS day of , 1993. Town Clerk .4,4@1 -2- 3Do=w- i SENT BY:HAMMOND CLARK WHIT ;12- 9-93 5:26PM ; 66993809 GRANT OF EASEMENT AND RIGHT-OF-WAY Thie Grant of Easemont and Right-of-Way is granted by Stephen L. Pincknly, an individual residing in Stoughten, Wisconsin, and Charles E. Pinckney, Jr., an individual residing in Longmont, Colorado, collectively referred to herein am "Grantor", to the Town of Estes Park, a municipal corporation ("Estee Park") and to Mary F. Welch, am Trustee under unrecorded Revocable Living Trust Agreement dated June 23, 1988, and made by Mary F. Welch, as settlor ("Welch"). Estes Park and Welch are sometimee collectively , referred to herein as "Grantee". NOW THEREFORE, in payment of One Dollar ($1.00) and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Grantor hereby conveys and grants to the Grantee, its muceemeors and assigns, a permanent easement and right of way including the perpetual right to enter upon thi real estate hereinafter described, at any time that it may see fit, to construct, operate and maintain its electric distribution lines, with all poles, aross arms, cables, wires, guys, supports, fixtures and devices, used or useful in operation of said line, through and along a courae as said line may be hereafter constructed * in, under, through, over and across the following described property located in the County of Boulder, State of Colorado, to-wit: Southwest Quarter of the Southwest Quarter of Section 33, Township 3 North, Range 72 West of the 6th P.M. Together with the right to enter upon said premisem, survey, conetruct, maintain, operate, control and use said electric distribution lines and to remove objects interfering therewith, including trimming and removal of bushes, trees and other vegetation, and the right to permit the attachment of wires of any other person or entity. The Grantor reserves the right to cultivate, use and occupy said premises for any purpose consistent with the right and privileges above granted. The work of installing said electric distribution lines shall be done with care, and all damage to any improvements on said property caused thereby shall be repaired at the expense of Eatem Park. The Grantor hereby warrants title to the easement herein granted and conveyed to the Grantee and agrees to protect and defend the title of the Grantee from and against all persons whomeoever. Said warranty shall be subject to all easements, restrictions, reservations, and rights of way of record on the date hereof. Welch' s interest in all provisions of this Easement and Right- of-Way shall run with and be appurtenant to the following described property, located in the County of Boulder, State of Colorado, to Wit: The Southeast 1/4 of the Southwest 1/4 of Section 33, Township 3 North, Range 72 West of the 6th P.M., All provisions of this Easement and Right-of-Way shall be binding upon and shall inure to the benefit of the heirs, assigns, successors and personal representatives of the parties hereto. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, â€¢uch copies taken together shall be deemed to be a full and complete contract between the parties. IN WITNESS WHEREOF, thi parties hereto have executed this Grant of Easement and Right-of-Way effective as of the day and year first above set forth. GRANTORS: ACCEPTED BY: GRANTEES: TOWN OF ESTES PARK Stephen L. Pinckney Bv: I. Mayor Charles E. Pinckney, Jr. ATTEST: Town Clerk Mary F. Welch, as Trustee under unrecorded Revocable Living Trust Agreement dated June 23, 1988, and made by Mary F. Welch, as Settlor STATE OF COLORADO ) ) SO COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me on the _ day of , 1993, by Charlea E. Pinckney, Jr. Witness my hand and official geal. My commission expires: Notary Public STATE OF WISCONSIN ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me on the _ day of , 1993, by Stephen L. Pinckney. Witness my hand and official geal. My commission expires: Notary Public STATE OF HAWAII ) ) .9 COUNTY OF ) The foregoing instrument was acknowledged before me on the _ day of , 1993, by Mary F. Welch, aâ€¢ Trustee under unrecorded Revocable Living Trust Agreement dated June 23, 1988, and made by Mary F. Welch, as Settlor. Witness my hand and official Beal. My commission expires: Notary Public