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Home My WebLink AboutPACKET Town Board 1995-11-14tb - I 4/ BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 14, 1995 7:30 P.M. AGENDA Award Recognition - 1995 National Awards program for Energy Efficiency and Renewable Energy for Estes Park's Electric Thermal Storage Heating Program - Mike Mangelsen, Assistant to the Light and Power Director. 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 the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated October 24, 1995. 2. Bills. ' 3. Committee Minutes: A. Public Works, October 26, 1995. B. Town Board Study Session, November 6, 1995. ACTION ITEMS: 1. Public Works Committee, October 26, 1995: A. Ordinance #23-95 - Vacating a Portion of the Utility and Drainage Easement located on Lot 2, Spruce Lake Addition. B. Ordinance #24-95 - Authorizing the Purchase of a Water Storage Tank Site Non-Exclusive Water Line Connection Easement and Temporary Construction Easements for the Glacier Creek Water Tank Project. 2. Public Hearing. Ordinance - Light and Power Rate Schedules for Rocky Mountain National Park. 3. Agreement between the Estes Valley Recreation and Park District and the Town for use of Barn W for an In-Line Skating Program. 4. A. Public Hearing. Amended Plat of Lots 7, 8, 25 and a Portion of Lot 24, Block 10, Town of Estes Park, Rex Miller/Applicant. B. Planning Commission Referral Policy - Adoption. 5. Parking Report Recommendations - Trustee Pauley. 6. Reappointment - Gary F. Klaphake to Estes Park Urban Renewal Authority, 5-year term, expiring September 14, 2000. 1 ' 7. Liquor Licenses: A. Transfer of Ownership from Kenneth E. and Patricia Nelson, to Kenneth E. Nelson, dba TIMBERLINE STEAK HOUSE & LOUNGE, 451 S. St. Vrain Ave., Hotel and Restaurant License. B. Transfer of Ownership from Stanley Steamer Resort Hotel, Ltd. to GHV-Colorado, Inc., dba THE STANLEY HOTEL, 333 Wonderview Ave., 8. Ordinance #25-95 - Authorizing the purchase of Certain Real Property owned by Gerald K. and Patricia K. Palmer (Contingent upon Memorandum of Understanding with BOR for New Fire Station Project). 9. Agreement/Lease Renewals subject to TABOR (1996 Budget Appropriation contingent upon approval of 1996 Budget November 28, 1995): A. Robert Heron, Radio Transmission/Prospect Mountain Radio Equipment. B. Qualtec Services, Quality Improvement Training (second year). C. Powder River Productions (Rodeo Stock Contractor), $25,000 (second year). D. Elgin Street Sweeper, $26,004.10 (fourth year). E. Tents (Special Events), $22,645.16 (second year). F. Ford Taurus (Comm. Dev.), $4,344.42 (second year). G. Modular Building (Youth Center), $14,226.19 (first year) . 10. Marys Lake Lodge Employee Housing Project - Discussion concerning Rent Structure. 11 Town Administrator's Report: A. NOTE: The Board of Trustees will conduct one meeting during the month of December--December 5, 1995. 2 THE WHITE HOUSE WASHINGTON July 11, 1995 Congratulations to the 1995 winners of the National Awards for Energy Efficiency and Renewable Energy. Your efforts to improve our use of energy and renewable resources will help our nation to create jobs, save money, and protect the environment for generations to come. America's most important asset is our people -- decent, , hardworking, creative, and concerned. When our talents are joined together and focused on solving a national problem, we can accomplish great things. The Climate Change Action Plan exemplifies this tradition, relying on the ingenuity of the American people to meet the challenges posed by the threat of climate change. As participants in innovative public/private partnerships, you provide the leadership and commitment needed to support a range of energy sources, including renewable energy resources, alternative transportation fuels, and clean coal technologies. Your determination to implement these energy projects will have a positive impact on our nation well into the twenty-first century. On behalf of all Americans, I thank you for your dedication to excellence. Best wishes to all for an enjoyable ceremony. 344 21/ * SPECIAL RECOGNITION Electric Thermal Storage Heating Program ..... A utility program in Estes Park, Colorado, prouidÂ£s f lit financing for Tesidential customers to install electric thermal storage heaters. These heating systems take ,- I advantage of off-peak utility rates, saving the average 41 f. Â¥ 9 customer about $75 each heating month. The utility 4% benejits, as well-sofar about 230,000 kilowatt-hours I - ofelectricity have been shÂ¢ted to offpeak hours. 6.6 4. 244%* 3 In December 1990, the Town of Estes Park had its reft* * 442'tyteje 2439. r;*44 4*#28%11-*4 highest peak load ever, 20.5 megawatts, almost half 4=4- .7.-a..,4 f-*.....-- - of which was attributed to electric heat. The town's Electric thermal storage beaten cost less to operate Light and Power Department, a municipality owned because they draw power when Tates are more affordable. utility supplying power to Estes Park and the sur- rounding area, began to take a serious look at According to a study conducted by New options to reduce the peak demand. England Power Service Company, ETS systems In 1991, the utility sent letters to about are about 18% more efficient than conventional 200 electric heat customers whose annual consump- electric heating systems. tion exceeded 20,000 kilowatt-hours, notifying them To encourage customers to take advantage of that effective in 1993, they would be moved to the ETS systems, the Light and Power Department residential demand rate, or "time-of-day" rate, offers financing to purchase and install them. The which ultimately meant that the more energy they lease/purchase program provides loans rahging consumed during peak hours, the higher their from $250 to $1,000 to any qualifying residential bills would be. - electric customer. The loan is spread out over The utility's rate structure serves as an incen- 18 to 36 months, and the payment is added to the tive to reduce energy consumption during peak monthly energy bill. The typical cost to purchase demand. The cost of electricity is 8Â¢ per kilowatt- and install these systems is about $1,700. The hour during peak hours and 2.5Â¢ per kilowatt-hour customer pays the difference between the loan during off-peak hours (10:00 p.m. to 6:00 a.m. and amount and actual costs. 1:00 p.m. to 3:00 p.m., Monday through Friday, and Customers also receive utility rebates of $15 per all day during weekends and specified holidays). kilowatt of installed ETS heat. The typical energy' After considering several programs to trim savings average $75 each month, for a simple the peak demand, utility officials decided that a payback of 2 to 3 years. program promoting electric thermal storage (ETS) As part of the program, utility representatives heaters was most attractive. These systems use conduct energy audits to ensure that the system is heating elements that are "energized" during off- properly designed for the home in which it will be peak hours. High-density ceramic bricks are heated installed. Technical assistance and follow-up inside a superinsulated cabinet to About 1400Â°F maintenance visits are also included. (760Â°C).Then, by means of a circulating fan, room air is circulated through the hot bricks to supply heat to the living space during both off-peak and ' on-peak hours when electricity is more expensive and not as plentiful. The systems require 10 hours of off-peak charging time to store enough energy for on-peak usage. 48 Â£6LIXId Town of Estes Park, Larimer County, Colorado, . Pqtob#K 24. .., 19. 9.5 . Minutes of a . Regular. . . meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . 24*th . day of ... .Optober. 0, A.D., 19.95. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ........................, Present: Mayor Trusteeg: H. B. Dannels Robert L. Dekker, Mayor ProTem Susan L. Doylen, Stephen W. Gillette, . William J. Marshall, Algo Present: Michael E. Miller, Gary F. Klaphake, J. Donald Pauley Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: None 1 1 Mayor Dannels called the meeting to order at 7:30 P.M. PUBLIC INPUT. Alice Sullivan addressed the Trustees requesting support in the 1996 Budget for CACEP. Ms. Sullivan reviewed her expertise in the arts and commented on various CACEP functions, such as: Imagine This!, Arts for the Parks, Re-gifting Program, and Annual Chamber Music Festival. CACEP was personally nominated by Ms. Sullivan for the 1996 Governor's Award for Excellence in the Arts and winners will be announced early in 1996. In conclusion, Ms. Sullivan urged the Trustees to favorably consider the 1996 CACEP budget request. CONSENT CALENDAR: 1. Town Board minutes dated October 10, 1995, and Special Meeting minutes dated October 17, 1995. 2. Bills. 3. Committee Minutes: A. Public Safety, October 19, 1995. B. Light and Power, October 19, 1995. C. Planning Commission, October 17, 1995 (acknowledgement only). It was moved and seconded (Doylen/Marshall) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Roger Fraser. Proiect Coordinator/Larimer County - Presentation of the Larimer County Building Program. Mr. Fraser displayed various drawings and building rendering for a proposed building program for Larimer County. The court house was dedicated in 1954 and due to growth, the County is I experiencing significant over-crowding and security issues in County facilities. Larimer County is seeking appointment of: (1) a Town Board member and (2) a resident unfamiliar with local/county politics to serve on an Advisory Committee. Meetings will most-likely be held monthly, and the County Board of Trustees - October 24, 1995 - Page 2 desires representatives from each Larimer County municipality to develop a building plan which will eventually proceed to an election. Mayor Dannels expressed his appreciation to Mr. Fraser for his presentation and advised the Town will comply with the request in the near future. 2. Lona Ranae Svstem Plan Consulting Services Contract - Approval of Budget Expenditure. Light & Power Director Matzke reported that the Light & Power Committee recommended the cost estimate of $24,500 submitted by Electrical Systems Consultants, Fort Collins be accepted. The scope of serAces includes an electrical model of the existing system, evaluation of age of major facilities and need for replacement, a five-year capital improvement plan and digital system maps. References have been verified and found to be acceptable and the expenditure is within the budget of $25,000. It was moved and seconded (Dekker/Pauley) the cost estimate submitted by Electrical Systems Consultants in the amount of $24,500 be accepted, and it passed unanimously. 3.A. Final Plat of Sleepv Hollow Subdivision, Garv D. Connolv/Applicant. Pursuant to staff's request, it was moved and seconded (Pauley/Gillette) the Final Plat of Sleepy Hollow Subdivision be continued to November 28, 1995, and it passed unanimously. B. Amended Plat of Lot 1. Stanley Meadows Addition. Town of Estes Park/Applicant. Mayor Dannels opened the public hearing. Director Stamey reported that the replat ratifies a land trade with the Estes Park Sanitation District whereby the facilities of each entity will be on land owned by that entity (Parks Shop/sewer treatment plant, plus a land trade). All Planning Commission conditions have been addressed, and as there were no comments from the audience, Mayor Dannels declared the public hearing closed. It was moved and seconded (Doylen/Marshall) the Amended Plat of Lot 1, Stanley Meadows Addition be approved, and it passed unanimously. C. Amended Plat of Lots 7. 8. 25 and a Portion of Lot 24. Block 10. Town of Estes Park. Rex Miller/Applicant. Pursuant to staff's request, it was moved and seconded (Doylen/Gillette) the Amended Plat be continued to November 14, 1995, and it passed unanimously. D. Ordinance #22-95 - Rezoning Request for Lot 2. Tanton Subdivision. Dave Tanton/Applicant. Mayor Dannels opened the public hearing. The Applicant is requesting rezoning from C-0 Outlying Commercial to R-S Residential, and the request ' received a favorable recommendation from the Planning i Commission. There were no comments from the audience, thus ~ Mayor Dannels declared the public hearing closed. Town Attorney White read the Ordinance, and it was moved and ~ seconded (Pauley/Dekker) the Ordinance be approved, and it I passed unanimously. Whereupon Mayor Dannels declared the ordinance passed and adopted, ordered it numbered 22-95, and ~ published according to law. 4. Parking Report Recommendations. Trustee Pauley reported this project has been delayed, and he requested it be continued to November 14, 1995. Consensus was reached for the continuation ' to November 14, 1995 as requested. 5. Resolution #28-95 - Special Election concerning Lone Tree Village Proiect. Administrator Klaphake reported that the Town has received a petition prohibiting the Town or Housing Authority from owning, operating, managing, or maintaining any low income housing projects, including Lone Tree Village. Staff met with the petitioner, and he (petitioner) believes the project should proceed toward an election. The Town's r,4 Board of Trustees - October 24, 1995 - Page 3 financial risk increases substantially if an election is delayed until April (next regular Municipal Election), thus staff is recommending a special election be scheduled December 12, 1995 for the purpose of deciding whether to continue the Lone Tree Village Low Income Housing Project. Assistant Administrator Widmer read a resolution which included the ballot question. The total Town contribution is $740,000. There being no further discussion, it was moved and seconded (Dekker/Gillette) Resolution #28-95 calling for a Special Election December 12, 1995 be approved, to include the following amended ballot title, and it passed unanimously: SHALL THE TOWN OF ESTES PARK, - THROUGH THE ESTES PARK HOUSING AUTHORITY, CONTINUE WITH THE DEVELOPMENT, CONSTRUCTION, AND OPERATION OF THE 57-UNIT LONE TREE VILLAGE PROJECT (GUARANTEED TO MEET LOW INCOME HOUSING PROJECT GUIDELINES FOR A MINIMUM OF 50 YEARS) LOCATED AT 1310 MANFORD AVENUE, WITH ESTIMATED FINANCING FOR THE PROJECT TO CONSIST OF: GRANTS AND TAX CREDIT FUNDS OF $3.65 MILLION, $1.3 MILLION IN PRIVATE MORTGAGE FINANCING TO BE PAID FROM RENTAL INCOME), AND TOWN CONTRIBUTION OF LAND, TAP, AND PERMIT FEES TOTALING $740,000, FOR A TOTAL ESTIMATED COST OF $5.69 MILLION? YES , NO Administrator Klaphake briefed the Trustees on election campaign restrictions relative to the expenditure of public funds on Town issues. Mayor Dannels called attention to the change in meeting schedule for Trustees pursuant to the special election and holiday season: in lieu of meeting December 12 and 26, the Board will conduct one meeting--December 5. Following completion of all agenda items, Mayor Dannels adjourned the meeting at 8:30 P.M. Convene as the Estes Park Housing Authority 1. Lone Tree Village Proiect. Ass't. Administrator Widmer reported on the general contractor selection process: A Selection Committee, consisting of Trustee Doylen, Community Capital, Fishkin & Associates, and Widmer, prepared and distributed RFPs to a list of contractors, including four local contractors. Four contractors, none of which were local, responded and they were interviewed and evaluated; the Committee found all four estimates to be within the pro forma amounts. The Committee is utilizing a process whereby the general contractor will be brought into the project in advance as he can influence value engineering decisions, making judgements on materials. When the contractor is selected, he will work with the architect to design the project, and he will eventually submit a guaranteed contract price. This concept was considered but not utilized for the conference center; however, the Committee believes this approach is best for this project--the time of influencing costs is early which in turn influences the project cost. In addition, the Committee will insist that local sub-contractors be utilized as much as possible. As stated earlier, the Town must proceed due to fragile grant funding on this project even though a special election has been authorized. As another step in the process, Town Attorney White reviewed a Resolution authorizing the formation of: a corporation named Lone Tree Village Development, Inc. that will serve as the general partner of a limited partnership; a limited partnership to be known as Lone Tree Village, Limited Partnership (these corporate names are subject to availability Board of Trustees - October 24, 1995 - Page 4 through the Secretary of State's office). In addition, the Resolution also provides that the Partnership may enter into a Development Services Agreement under which the Authority Will provide certain services in connection with the development of the property. Staff confirmed that the Town will not be involved in the housing business; in the grant application, the Town stated that the Loveland Housing Authority would administer the Project. The Loveland Authority has experience in this field and are currently constructing the "Meadows Project" near Lake Loveland - 50 units. Following discussion, it was moved and seconded (Gillette/Pauley) Resolution #4-95 be adopted. Trustees Miller referred to his previous comments opposing this Project. The motion passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Gillette, Marshall and Pauley. Those voting "No" Trustee Miller. There being no further business, Mayor Dannels adjourned the meting at 8:51 P.M. .................. H. B. Dannels, Mayor ................. Vickie O'Connor, Town Clerk BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee October 26, 1995 Committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Deputy Clerk Kuehl Absent: None Chairman Gillette called the meeting to order at 8:00 a.m. STANLEY VIEWS SUBDIVISION -- DEDICATION OF FINDLEY COURT Director Linnane reported that Brooks Findley, the owner of this subdivision, originally requested that the street remain private and gated. Two individual lot owners and Mr. Findley now desire to dedicate the street as a public right-of-way to be maintained by the Town. Mr. Findley was informed in writing on January 25, 1995 regarding requirements necessary for approval by the Stanley Historic District Technical Review Committee. A memo dated October 25, 1995 from the Public Works Department listed all changes necessary to meet Town standards for Town acceptance of the right- of-way and maintenance of the road. Representative Bill Van Horn stated that compliance with all listed requirements will be accomplished. Administrator Klaphake noted that a modification to the covenants may be necessary if a deed of dedication is to be accepted. The Committee recommends approval of a Stanley Views Subdivision Deed of Dedication pending completion of all items listed in the above-referenced documents, and that the project be supervised by the Public Works Director. SPRUCE LAKE ADDITION. LOT 2 -- DRAINAGE EASEMENT VACATION REQUEST Director Linnane reported that part of the drainage easement is + located beneath a porch. Linnane added that the major flow rate will not be impacted and that all affected utility companies have approved this vacation. Trustee Miller questioned whether the owners obtained a building permit and permission to encroach into the easement when the porch was added. Community Development Director Stamey verified that the owners received a building permit "after the fact" and since the encroachment was discovered at that time, the owner requested that part of the easement be vacated. - The Committee recommends approval of the Spruce Lake Addition Lot 2 drainage easement vacation request. An ordinance authorizing the vacation will be prepared for Town Board Consideration. NOVEMBER PUBLIC WORKS MEETING Director Linnane stated that the November Public Works meeting has been rescheduled for Wednesday, November 22 due to the Thanksgiving holiday and to coincide with CDOT's presentation regarding the status of the "Yield" sign at the Highway 34/36 intersection. REPORTS The Committee reviewed the Customer Service Response and Water Reports for September. Highway 7, Highway 34, Elkhorn Overlay Projects Update: CDOT is continuing meetings with the affected property owners along these three routes. eRAC,FORD PUBLISHING Co. RECORD OF PROCEEDINGS Public Works Committee Meeting, October 26, 1995 - Page 2 Snow and Ice Conference: Director Linnane congratulated Robert Hirning and Mike Hulbert for their 4th place finish (out of 55 teams) in the Snow and Ice Conference "Roadeo" held in Estes Park in September. Linnane reported that this was an outstanding accomplishment, as many municipalities have multiple teams with a "finalist" being selected through internal competition. Mike Hulbert and Robert Hirning thanked the Committee for allowing them the opportunity to compete in the "Roadeo". Roy Johnson presented a summary of the conference. Director Linnane commended Roy Johnson, Gary Shanafelt, and Dan Speedlin for their efforts in planning a successful Snow and Ice Conference. Linnane commended Dan Speedlin for all of this efforts as Chairman of the Snow and Ice Conference. Fuel Tank Site Study Update: Director Linnane reported that Staff is continuing to meet with Tony Paglia, Park School District, with expected finalization of the agreement next month. Glacier Water Tank Project Update: Staff and YMCA representatives met regarding the agreement to purchase the land on which the water tank is located. An acceptable agreement should be obtained within the next couple of weeks. Chairman Gillette adjourned the meeting at 8:45 a.m. -TE- 14-Â® Tina Kuehl, Deputy Town Clerk BRADFOROPUaLISHINGCO. RECORD OF PROCEEDINGS Board of Trustees Study Session November 6, 1995 Board: Mayor Dannels, Trustees Dekker, Doylen, Gillette, Marshall, Miller and Pauley Attending: Mayor Dannels, Trustees Doylen, Gillette, Marshall and Pauley Also Attending: Town Administrator Klaphake, Finance Officer Vavra, Clerk O'Connor Absent: Trustees Dekker and Miller Mayor Dannels called the meeting to order at 9:06 a.m. and reviewed rules for public participation. 1996 BUDGET - PRELIMINARY REVIEW: Administrator Klaphake reported that all funds, except the Enterprise Funds, would be reviewed; public input will be accepted following conclusion of staff's review. The next budget review meeting will be held November 13, and upon conclusion, the Board will offer amendments for consideration and adoption November 28. The 1996 Budget includes a growth rate of 6.5% over 1995 projections. Finance Officer Vavra presented the Executive Summary of the proposed 1996 Budget and reviewed the following funds: General Fund Community Reinvestment Fund Museum Fund Conference Center Fund Conservation Trust Fund Special Events Fund Catastrophic Loss Fund Medical Insurance Fund Fire Pension Fund Police Pension Fund. The 1996 Budget focal point is the new fire station, and in summary, the proposed 1996 Budget is solvent. Mayor Dannels requested public input and the following comments were heard from CACEP Treasurer Ann Brumleve: Five years ago, the Town Board made a wise decision to create an umbrella for the arts; CACEP now performs such duties. Ms. Brumleve has personally observed the professionalism displayed by CACEP members who sponsored, along with their affiliate members and volunteers, Imagine This!, Arts for the Parks, Music Festival, various Theater productions associated with the Fine Arts Guild, and the regifting program. All of the events were successful and could not have occurred without the many hours of preparation and assistance by CACEP, affiliate members, and volunteers. Ms. Brumleve encouraged the Board to continue their support of CACEP, and honor their budget request in full. There being no further discussion, Mayor Dannels adjourned the meeting at 10:09 a.m. 0/Pit- . 1 . Vickie O'Connor, CMC/AAE, Town Clerk BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Board of Trustees Study Session November 13, 1995 Board: Mayor H.B. Dannels, Trustees Dekker, Doylen, Gillette, Marshall, Miller and Pauley Attending: All Also Attending: Town Administrator Klaphake, Finance Officer Vavra, Deputy Clerk Kuehl Absent: None Chairman Dannels called the meeting to order at 9:00 a.m. and reviewed rules for public participation. Administrator Klaphake noted that roll call voting will be utilized for any motions, and motions are not limited to the portion of the budget to be discussed at this meeting. REVIEW 1996 PRELIMINARY BUDGET -- ENTERPRISE FUNDS Finance Officer Vavra reviewed the Light & Power Fund, the Water Fund, and the Fleet Management Fund. EPURA RECOMMENDATIONS TO THE JOINT BUDGET COMMITTEE Administrator Klaphake reported that the joint Town/EPURA Budget Committee have endorsed the following EPURA projects for 1996: Moraine Avenue Parking Lot. $ 170,000 Includes a rebuild on the retaining walls. Paver Maintenance -- Phase 3 Streetscape. $ 25,000 Knoll Landscape Design. $ 20,000 Municipal Parking Lot Reconstruction. $ 100,000 The redesign of the municipal parking lot will provide better access to the library and will increase the parking by approximately 50 spaces. Traffic Flow/Parking. $ 60,000 Downtown Redevelopment Program (Plan) -0- Contingency/Carryover to 1997 $ 25.000 TOTAL $ 400.000 BUDGET SUMMARIZATION/AMENDMENTS Administrator Klaphake reported the General Fund includes municipal upgrades, an additional inspector, storm system construction, street improvements, fire station construction, Light & Power Master Plan, electrical undergrounding in conjunction with Highways 34 and 7 widening project, a temporary GIS system employee, water rate increase of 9%, and deletion of trolley funds. The proposed medical insurance fund will be amended by year end. CACEP: Trustee Pauley requested funding of $24,000, an increase from $17,000. Trustee Doylen noted that the arts program fund raising has proven successful. Trustee Miller added that the long- range program included the phasing out of Town funds to support the program, thus asking for an increase disregards the goals. Trustee Gillette noted that a $1,500 increase over two years is not substantial considering the efforts of the arts community. It was moved and seconded (Pauley-Marshall) that CACEP funding of $24,000, with $10,000 for regifting, be approved as presented in the budget. It was moved and seconded (Doylen Miller) to amend the motion as IRADFORD PUILIIHING CO. RECORD OF PROCEEDINGS Board of Trustees Study Session, November 13, 1995 - Page 2 follows: $10,000 be distributed through the Community Development Department for regifting and the remaining $14,000 be held in abeyance to support future arts facilities. Motion as amended failed by the following votes: Those voting "Yes" Trustees Doylen and Miller. Those voting "No" Trustees Dekker, Gillette, Marshall, and Pauley. Original motion passed by the following votes: Those voting "Yes" Trustees Dekker, Gillette, Marshall, and Pauley. Those voting "No" Trustees Doylen and Miller. Advertising: Trustee Doylen requested the $298,126 Advertising Budget be increased by $15,000, and commended the AC Book Company, the Betterment Committee, and the Accommodations Association for their fund-raising efforts during the past year. Cory Blackman reported that the tourism development fees have provided $22,000 and the AC Book Committee, an additional $22,000. Jeff Barker reported that the Accommodations Association has provided funding for magazine advertising, the purchase of a radio station, the Kids Quest program, and Chamber employee salaries. A survey of businesses regarding individual advertising programs revealed that $230,000 was spent in private advertising (33 responses) last year. Trustee Miller noted that the long-range goal is to reduce the advertising funding and any increase should be revenue-generated through sales tax. Administrator Klaphake presented a scenario of program cuts to cover the additional expenses recommended, noting that the budget is continually adjusted during the year. It was moved and seconded (Doylen-Gillette) the advertising budget be increased by $15,000. Motion passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Gillette, Marshall, and Pauley. Those voting "No" Trustee Miller. There being no further business, Chairman Dannels adjourned the meeting at 10:02 a.m. -1-E~ Ku.12 Tina Kuehl, Deputy Town Clerk 4 RECORD OF PROCEEDINGS Public Works Committee October 26, 1995 Committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Deputy Clerk Kuehl Absent: None Chairman Gillette called the meeting to order at 8:00 a.m. SPRUCE LAKE ADDITION. LOT 2 -- DRAINAGE EASEMENT VACATION REQUEST I.A. Director Linnane reported that part of the drainage easement is located beneath a porch. Linnane added that the major flow rate will not be impacted and that all affected utility companies have approved this vacation. Trustee Miller questioned whether the owners obtained a building permit and permission to encroach into the easement when the porch was added. Community Development Director Stamey verified that the owners received a building permit "after the fact" and since the encroachment was discovered at that time, the owner requested that part of the easement be vacated. The Committee recommends approval of the Spruce Lake Addition Lot 2 drainage easement vacation request. An ordinance authorizing the vacation will be prepared for Town Board Consideration. Glacier Water Tank Project Update: Staff and YMCA representatives met regarding the agreement to purchase the land on which the water tank is located. An acceptable agreement should be obtained within the next couple of weeks. ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF THE UTILITY AND DRAINAGE EASEMENT LOCATED ON LOT 2, SPRUCE LAKE ADDITION TO THE TOWN OF ESTES PARK, COLORADO WHEREAS, the owner of Lot 2, Spruce Lake Addition to the Town of Estes Park, Colorado, has requested that a portion of the utility and drainage easement located on said property be vacated; and WHEREAS, all current and potential users of said utility and drainage easement have provided the Town of Estes Park with written statements indicating that they agree and approve of the partial vacation of the utility and drainage easement on said property; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined that it is in the best interest of the Town to vacate a portion of the utility and drainage easement located on said property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. The Board of Trustees of the Town of Estes Park, Colorado, hereby vacates a portion of the following utility and drainage easement: A vacation of a portion of an easement for drainage and utilities on Lot 2, Spruce Lake Addition to the Town of Estes Park, Larimer County, Colorado, located in the NE 1/4 of Section 35, T5N, R73W of the 6th P.M., more particularly described as follows: Commencing at the southeast corner of Lot 2, with all bearings relative to the south line of said Lot 2 bearing S89Â°19'43"W 305.60 feet; thence S89Â°19'43"W 21.75 feet along the south line of Lot 2, thence N23Â°46'59"W 131.00 feet to the TRUE POINT OF BEGINNING: thence N66Â°13'01"E 7.00 feet, thence S23Â°46'59"E 15.00 feet, thence S66Â°13'01"W 7.00 feet, thence N23Â°46'59"W 15.00 fete, to the POINT OF BEGINNING. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and subsequent publication. ORDINANCE NO AN ORDINANCE AUTHORIZING THE PURCHASE BY THE TOWN OF ESTES PARK OF A WATER STORAGE TANK SITE NON-EXCLUSIVE WATER LINE CONNECTION EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS WHEREAS, the Town of Estes Park, a Municipal Corporation, hereinafter referred to as (" the Town") and the YMCA OF THE ROCKIES, hereinafter referred to as ("YMCA") have an agreement for the purchase of a Water Storage Tank Site, Non-Exclusive Water Line Connection Easement and Temporary Construction Easements; and WHEREAS, pursuant to the power granted to the Town by Section 31-15-708 C.R.S., the Board of Trustees of the Town of Estes Park, Colorado have agreed to the purchase of said Water Storage Tank Site, Non-Exclusive Water Line Connection Easement and Temporary Construction Easements on such terms and conditions as set forth in the Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The property shall be acquired by the Town pursuant to the terms of the Agreement as set forth on Exhibit "A" . Section 2. The appropriate officials of the Town of Estes Park are hereby authorized to execute all documents necessary to close the purchase of the Water Storage Tank Site, Non-Exclusive Water Line Connection Easement and Temporary Construction Easements. Section 3. The adoption of this Ordinance is hereby declared to be an emergency due to the need to close this transaction immediately, and; WHEREAS, it is the opinion of the Board of Trustees that an emergency exists and this Ordinance shall take effect and be enforced immediately after its passage, adoption and signature by the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 1995. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk BRADFORD PUILISHING Co. RECORD OF PROCEEDINGS ' Light and Power Committee September 14, 1995 Committee: Chairman Dekker, Trustees Miller and Pauley Attending: Chairman Dekker and Trustee Pauley Also Attending: Town Administrator Klaphake, Light & Power Director Matzke, Assistant to the Light & Power Director Mangelsen, Deputy Clerk Kuehl Absent: Trustee Miller Chairman Dekker called the meeting to order at 8:02 a.m. ROCKY MOUNTAIN NATIONAL PARK -- PROPOSED ADMINISTRATIVE ELECTRIC CR. RATES AND CHANGE ORDER FOR ELECTRIC RATE STUDY Director Matzke reported that M.E. Kiburz and Associates completed an electric rate study for the purpose of developing delivery rates for Rocky Mountain National Park administrative use loads which have access to free electric power from the Bureau of Reclamation (USBR). The rates are designed to recover the Light & Power Department's cost. Three rates were developed: administrative housing, small administrative and large administrative. Barry Hesker, Chief, Office of Operations Engineering for the National Park Service, announced the Park Service has been in contact with the rate consultant and USBR, and is agreeable with the proposals. This project involves two remaining agreements. One allows for the eventual transfer of the Park system to the Town as modifications are completed. The second agreement between the Town, Platte River, and the Park Service will provide for delivery of power to administrative loads using Town administrative rates and Platte River delivery rates. The Committee recommends adoption of these rates and requests that the Town Board set a public hearing on November 14, 1995. Following is the proposed schedule for implementation of these rates: 9-26-95 Town Board to set a public hearing for consideration of electric rate changes at the regular Town Board meeting, November 14, 1995. 10-13-95 Publish notice of public hearing with proposed rate schedules and mail notification of public hearing with proposed rate schedules to Rocky Mountain National Park. 11-14-95 Public hearing to present rate study and recommendations, and consider ordinance to adopt rate changes. 12-14-95 Rate changes become effective beginning with the first billing cycle following 12-14-95. Director Matzke reported that the Town contracted with M.E. Kiburz and Associates to perform the electric rate study at a cost not-to- exceed $5,000. Mr. Kiburz has requested an increase of $1,000 due to an additional meeting with National Park Service representatives to discuss the proposed rates and additional study on our time of day energy rates. The 1995 Light & Power Professional Service budget has adequate funding for this request. The expense to date has been $1,596. The Committee recommends the contract with M. E. Kiburz and Associates be increased to a not-to-exceed amount of $6,000. LONG RANGÂ£1Â¥ZTE*-ELAN - - APPROVAL REOUEST FOR PROPOSALS Director Matzke requested perniI';BrMX~oba*meff#pr-op-*sal-s for a Light & Power Department Lona,E,aase-'Fran'- whiEiPIDÂ·Â·ne,6.Â§22~ry because o f expansion of lbâ€¢-Mwir s system to serve growth -iYT-6/4-Bre a. Administmakef-Rlaphake noted that the. Water Department perforam,Â§~~~~~ sipNâ‚¬f--study. Following is the Scope of Services: ORDINANCE AN ORDINANCE AMENDING CHAPTER 13.12 LIGHT AND POWER RATE SCHEDULES OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined that it is necessary to amend Chapter 13.12 of the Municipal Code of the Town of Estes Park; and WHEREAS, notice to the public of the proposed new rate modifications and of the public hearing thereon was duly given in compliance with the requirements of Section 40-3.5-104 C.R.S.; and WHEREAS, a public hearing was held by the Estes Park Board of Trustees on November 14, 1995; and WHEREAS, the Town's present electric rates do not include a rate schedule for electric accounts with administrative loads located in Rocky Mountain National Park; and WHEREAS, it is necessary to include new rate classifications in order to provide equitable electric rates to Rocky Mountain National Park; and WHEREAS, the proposed new rate schedules are necessary to insure the continued reliable, stable, viable and efficient operation of the Town's electric utility systems; and WHEREAS, the proposed new rate schedules are just and reasonable; and WHEREAS, the proposed new rate schedules are to be uniformly applied to all customers without regard to whether they are located inside or outside of Town limits. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Chapter 13.12 Light and Power Rate Schedules is hereby amended by the addition of Sections 13.12.110, 13.12.120 and 13.12.130 to read as follows: 13.12.110 Rocky Mountain National Park Administrative Housing Service (without electric power). A. APPLICABILITY: The rates set forth in this section shall be applicable in all Estes Park service territory. B. AVAILABILITY: This schedule is available to Rocky Mountain National Park Service for administrative single housing accounts who have an alternate source of electric power (including an adjustment for losses) to be delivered over the Estes Park electric system. C. MONTHLY RATE: Customer Charge $3.00 Energy Charge per kWh $ .02475 D. MONTHLY MINIMUM BILL: The Monthly Minimum Bill shall be the Customer Charge. E. PAYMENT: The above rates are net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. F. CONDITIONS OF SERVICE: Service provided under this rate shall be subject to all Light and Power Department general and specific Rules and Regulations and extension policies and such rules and regulations as set forth in appropriate tariff sheets on file. G. PURCHASED POWER RIDER: This schedule is not subject to the conditions set forth on the Purchased Power Rider. 13.12.120 Rockv Mountain National Park Small Administrative Service (without electric power). A. APPLICABILITY. This schedule is available to Rocky Mountain National Park Administrative Service accounts who have an alternate source of electric power (including an adjustment for losses) to be delivered over the Estes Park electric system and who have lighting and small power loads of 35 KW maximum demands or less. All service will be supplied only through a single meter. This service is available at single or three phase at established voltages available at either the Town's primary or secondary distribution system. C. MONTHLY RATE: Customer Charge $7.25 Energy Charge per kWh $ .03558 D. MONTHLY MINIMUM BILL: This Monthly Minimum Bill shall be the Customer Charge. -2- E. PAYMENT: The above rates are net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. The foregoing schedule shall be net where service is metered at secondary voltage of the Town's distribution system. Where service is metered under this schedule at primary voltage, the consumer shall receive a credit of two percent (2%) of the monthly bill less the Customer Charge. F. CONDITIONS OF SERVICE: Service provided under this rate shall be subject to all Light and Power Department general and specific Rules and Regulations and extension policies and such rules and regulations as set forth in appropriate tariff sheets on file. G. PURCHASED POWER RIDER: This schedule is not subject to the conditions set forth on the Purchased Power Rider. 13.12.130 Rocky Mountain National Park Large Administrative Service (without electric power). A. APPLICABILITY: The rates set forth in this section shall be applicable in all Estes Park service territory. B. AVAILABILITY: This schedule is available to Rocky Mountain National Park Large Administrative Service accounts who have an alternate source of electric power (including an adjustment for losses) to be delivered over the Estes Park electric system and who have maximum demands exceeding 35 KW in any two (2) consecutive months. All service will be supplied only through a single meter. This service is available at single or three phase at the established voltage of either the Town's primary or second distribution system. This schedule is not available for resale service. C. MONTHLY RATE: Demand Charge per KW: $4.13 Energy Charge per kWh: $.01491 D. DETERMINATION OF BILLING DEMAND: The billing demand shall be determined by suitable meter measurement of the highest 15- minute integrated demand occurring during the monthly billing period E. MONTHLY MINIMUM BILL: $4.13 times the Billing Demand or $55.00, whichever is greater, plus the monthly energy charge. F. PAYMENT: The above rates are net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. -3- G. CONDITIONS OF SERVICE: Service provided under this rate shall be subject to all Light and Power Department general and specific Rules and Regulations and extension policies and such rules and regulations as set forth in appropriate tariff sheets on file. The consumers shall be required to properly balance their loads. If the power factor during the time the billing demand is established falls below 95% lagging, the Light and Power Department may require the consumer to correct the power factor and/or have the alternate electric power supplier provide the corrective reactive power. The foregoing schedule shall be net where service is metered at the secondary voltage of the Town's distribution system. Where service is metered under this schedule at primary voltage, the consumer shall receive a credit of two percent ( 2%) of the monthly bill for service. Any account requesting service under this schedule shall be required to remain on this schedule for no less than twelve (12) months. H. PURCHASED POWER RIDER: This schedule is not subject to the conditions set forth on the Purchased Power Rider. Section 2. These rates shall take effect as of the first billing period after December 14, 1995. Section 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 1995. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1995, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1995. Town Clerk November 3, 1995 Since the Community Development Committee Meeting for November 3, 1995, was canceled, I submit the following for your consideration at the Trustee Meeting. Explanation of the Agreement between the-Town of Estes Park and Estes Valley Recreation & Park District regarding the use of Barn W for the in-line skating program. The use of Barn W would be approximately December 15th through April. They anticipate using the facility two to three times a week. Town will pay electric use. District will: Pay a fee of $10.00 per use. Provide a floor to ceiling net around the playing area to protect the walls and stored vehicles in the Barn. Plow snow to Barn W when needed. Provide supervision at all times. Provide required insurance. I recommend that this Agreement be accepted. 6Â»Â»4_./5 Linda Hinze Executive Director Special Events Department AGREEMENT THIS AGREEMENT, made and entered into this day of , 1995, by and between the TOWN OF ESTES PARK, a Colorado Municipal Corporation, hereinafter referred to as ( "Town") and the ESTES VALLEY RECREATION AND PARK DISTRICT, a Colorado Special District, hereinafter referred to as (" the District") . WITNESSETH: 1. Town shall provide to the District approximately one-half of Barn W located at Stanley Park for the purpose of in-line hockey games for the District. The use of Barn W shall be from approximately mid December, 1995 through April of 1996. The frequency of use shall be two (2) to three (3) times per week. The District shall pay to the Town Ten and 00/100 Dollars ($10.00) per use for Barn W. Said sum shall be payable upon receipt by the District of an invoice from the Town. 2. The District agrees to provide a floor to ceiling net around the playing area to prevent damage by flying pucks to walls and other property located in Barn W including, but not limited to, the RV.storage in Barn W. This net will be placed by the District prior to the beginning of any use of Barn W for in-line skating and removed at the end of the District's use of Barn W. The District will be solely responsible for the operation of the in-line skating program. Said responsibility shall include, but not be limited to, direct supervision at all times by the District of the program, supervision over parking, participants and spectators, security for all property located in Barn W during the use of Barn W by the District and safety for all participants and spectators in the in- line skating program. 3. The Town shall provide lights in Barn W for the program. 4. The Town will not provide snowplowing from the general parking area to Barn W. However, the District may plow that area in its discretion. 5. The Town shall have the overall authority, control and supervision of Stanley Park, except for the in-line skating program, as hereinabove provided, which shall be under the sole supervision, control and responsibility of the District. 6. District shall provide comprehensive general liability insurance with minimum policy limits of One Million and 00/100 Dollars ($1,000,000.00) for each occurrence and One Million and 00/100 Dollars ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual employee's acts, contractual and independent contractors). The Town shall be named as an additional insured on this policy. District shall furnish certificates evidencing the above insurance requirements including the addition of the Town as an additional insured on the policy at least thirty (30) days prior to the beginning of the in-line skating program. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms (presently One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) per person and Six Hundred Thousand and 00/100 Dollars ($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 parties or any of their officers, agents or employees. District understands and agrees that they are an independent contractor under the terms and conditions of this Agreement. As such, they are not entitled to unemployment or insurance benefits through the Town. Also, the District understands and agrees that they are solely responsible for all Federal and State Income Tax, FICA taxes and Unemployment Insurance taxes. District also understands and agrees that they are responsible for Workmen's Compensation coverage and taxes for themselves and any employee. 7. - All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered mail as follows: Town of Estes Park c/o Linda Hinze Estes Park Fairgrounds P.O. Box 1967 Estes Park, CO 80517 Estes Valley Recreation and Park District c/o Stan Gengler P.O. Box 1379 , Estes Park, CO 80517 8. In the event that there is a default under any terms and conditions of this Agreement, the non-defaulting party shall give the defaulting party ten (10) days notice in writing of said default. If said default is not cured within ten (10) day period, then the non-defaulting party shall be entitled to all damages incurred by the non-defaulting party as a result of said default, including an action for specific performance. Said damages shall include all reasonable attorneys' feds and court costs incurred by the non-defaulting party. 9. District agrees to include the Town on all releases or waiver of liability obtained by District from all in-line skaters, with the Town to be released in the same manner as District. District agrees to furnish to the Town a copy of the waiver or release form which the District intends to use for said purpose. 10. District agrees that Town shall not be liable for any injuries, sickness or damage to any of the in-line skaters, or personal property and District agrees to indemnify and to hold Town harmless therefrom and from any third-party claims for loss, damage, sickness or injury caused or alleged to have been caused directly or indirectly by the in-line skaters, their employees, agents, or caused or alleged to have been caused directly or indirectly in any manner whatsoever by the in-line skating program. 11. This Agreement represents the entire agreement between the parties and shall not be amended by either of the parties hereto without written consent of the other party. 12. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk ESTES VALLEY PARK AND RECREATION DISTRICT BY: ATTEST: 4. A. Block 10. Town of Estes Park (Lewiston Condos). Rex Miller. 4),et Amended Plat. Lots 7. 8. 25 and a Portion of Lot 24. bpplicant. This subdivision combines portions of three lots intb one and corrects an illegal subdivision for Lot 7B. Applicant' s Representative Bill Van Horn re ferred to the Staf f recommendations and noted the action taken. Director Stamey added that a utility easement for the water main extension running east to west across Lot 78 must be provided as well as a drainage easement along the east lot line of Lot 8A. Attorney White noted that an adjustment at the northern lot line on Lot 7B has resulted in additional property being , granted to the Lewiston Homeowners Association. Curtis Sears, attorney for the Association, verified that the Association would accept this land. Following discussion, it was moved , and seconded (Burgess-Brown) the Amended Plat, Lots 7, 8. 25 and a portion of Lot 24, Block 10, Town of Estes Park (Lewiston Condos) be favorably recommendation to the Board of Trustees subject to the following, and it passed unanimously: 1. Show the deletion of building D and the garage, the street name change to Spruce Dr, and monumentation on the plat. 2. Delete "public" access easement from the dedication statement. 3. Add driveway maintenance note. 4. Add drainage and water line easements. November 9, 1995 PLANNING COMMISSION REFERRAL POLICY The Estes Park Board of Trustees hereby adopts the following Planning Commission referral policy: 1. Planning Commission items that are referred to the Board of Trustees (e.g. Subdivisions, Annexations, Special Reviews, Rezonings) shall be scheduled for the second Town Board meeting of the following month. 2. To be placed on that agenda for consideration, the following must be submitted to the Community Development office by noon on the Wednesday preceding that meeting: â€¢ Signed mylars with corrections (if applicable). â€¢ Approved construction plans. â€¢ Letter of Credit and Improvement Guarantee. 3. Items that are deemed not complete by the Community Development Department will be continued one time for one month, then will be removed from the agenda. 4. To be placed on a subsequent Town Board agenda, the applicant must submit a request in writing to the Community Development Department. ct TOWN OF ESTES PARK Police Department 9 ~ /#&*fljFW j* flrn,~:.22- 1\ '7-3...61*,7,"'80*AP 8'Wimrm' .fe 41 1. .2& 96 ~33-Or,Li,FREF,#i,/g,b** WMES U - Pa&42.*:ji . -Â«- 5Â·: Tfy<FriÂ· Â·9;~ 347 ME,+ M. , tri 212>( Â·/*7&*jojitic :,?74/.57~ Â· Â·-- ,;z'-4<3.-MA ti>i 0\~;,4, ht'rj rkfAÂ«2;~A - .,, .- _2424/2.~3~.1 ';'~~i~,~~ .fi~/ /-//. . KE> . . 914 -2/ ~44 6//99,/%144 1 / aD.Â¥ E. . October 13, 1995 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Timberline Steakhouse & Lounge Tavern w/Extended Hours NELSON, Kenneth E. Ms. O'Connor: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Timberline Steakhouse & Lounge. Sincerely, 11 ~ 1/9 5 0 111. 12, â€¢W #Ar-- tr C .*<.12 1 rÂ»fe U 41 2 â€ž-Â» 6 94/Â» A-, Randy~ola Chief of Police RR/jo A-*34 . Lro (303) 586-4466 â€¢ RO. - 1/ V. \JU./ JUU-'49370 DR 8404 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 COLORADO LIQUOR OR 3.2 % FERMENTED MALT BEVERAGE LICENSE APPLICATION 1. Applicant is a Date filed with Local Authority u Corporation (Attach DR 8177) ~ Individual (Attach DR 8404-1) 10/25/95 F.E.I.N. ~ Partnership (Attach DR 8441) U Limited Liability Company (Attach DR 8405) 24 -053 64'aslr-BOO I 1 a. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Social Security No. Kenneth E. Nelson 2. Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone Timberline Steak House & Lounge 03-10867-000 970-586-9840 3. Address of Premises (specify exact location of premises) 451 S. St. Vrain Ave. City County State ZIP Code Estes Park Larimer CO 80517 4. Mailing Address (Number and Street) City or Town State ZIP Code P. O. Box 1410 Estes Park CO 80517 5. If the premises currently have a liquor or beer license, you MUST answer the following question: Present Trade Name of That Establishment (DBA) Present State License No. Present Type of License Present Expiration Date Same 03-10867 TAVERN 12/31/95 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- Yes No ers or directors if a corporation) or manager under the age of twenty-one years? C] 2 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- ers or directors if a corporation) or manager ever: (a) been denied an alcoholic beverage license? 0 02 (b) had an alcoholic beverage license suspended or revoked? 08 (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? m Da If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8. Has a liquor license for the premises to be licensed been refused within the preceding two years? If "yes," explain in detail. mÂ® 8a. Has a 3.2 beer license for the premises to be licensed been refused within the preceding one year? If 'yes," explain in detail. m 51 9. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, university or m Mj seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any m El current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 1 a of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership or under a lease? (If yes, attach a signed copy of deed or lease.) Â®0 63 Ownership m Lease m Other(Explain in Detail) SAFER Al AT IAAiAL 'RA Ai ld. CHDLbb DE-ED â‚¬* ra LcAND a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease- Landlord Tenant Expires Attach a diagram of the area to be licensed (including dimensions) which shows the bars, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11 ". (Doesnt have to be to scale) 12. Who has (including persons, firms, partnerships, corporations, limited liability companies) or will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME ADDRESS INTEREST STANLâ‚¬-9 VILLAGE Â»1 0 79. 1 ' 5,4 (5 t=- L 0 A N TARI< ART,/WAt E./1,41<. Es-nes PARk , CO, Attach copies of all notes and security instruments, and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises All Optional Premises applicants must attach a copy of the local ordinance or resolution authorizing the issuance of Optional Premises licenses. Number of separate Optional Premises areas reqi IARterl DR 8404 (2/94) Page 2 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. 0 El 15. Club Liquor License applicants answer the following and attach DR 8177: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecunialy gain? 00 (b) Is the applicant organization a regularly chanered branch, lodge or chapter of a national organization which is operated solely for the 6bject of a patriotic or fraternal organization or society, but not for pecuniary gain? 00 (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? 16. Colorado Manufacturer, Wholesaler or Limited Winery applicants, answer the following: (a) Will the applicant store or sell alcoholic beverages at more than one location in Colorado? If "yes," provide the address of each location and explain the activity to be conducted at each location (e.g., warehouse, salesroom, etc.) (Attach DR 8438 for each location). 00 (b) If applicant is a wholesaler, does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. 00 (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain whether one has been applied for. 00 17. Nonresident Manufacturer (3.2% beer or malt liquor) or Importer (3.2% beer, malt, vinous or spirituous liquor) applicants, answer the following: (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) Does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retai!er, manufacturer or importer already licensed by the State of Colorado td sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. 00 (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain in detail. 00 (d) Are you the primary source of supply in the U.S.? If "no," explain. 00 (e) Are all your products registered in Colorado? If "no," attach DR 8440 and register Â·: -Pd products. 00 18. Name of Manager (If this is an application for a Hotel and Restaurant License, the manager must also submit a Manager Registration Form Date of Birth (DR 8367) and Individual History Record (DR 8404-1). 431 ~ . }w - OATH OFAPPLICANT F - 4 V .(/ Y . I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature \ Title Date / / 91<zer/6 2.-37,10-MO O W'Y\.SUL 0/4/95 2 0., REPORT 8ND APPROVAL OF LOCAL LICENSING AUTHORITY ~ .lk r I c (Manufacturers, nonresident f~anufacturers, importers, wholesalers, limited wineries; add public transportat~on licensees * ~ ~ ~ disregard the section below.)) u . :Â« Is this application for a: U New License El Transfer of Ownership U Other (specify) Each person required to file DR 8404-1: Yes No Has been fingerprinted 00 Background, NCIC and CCIC checked 00 The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. 00 If "no," the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for [3 TOWN, CITY D COUNTY Signature Title Date Signature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. 2 :44 14.9 9 I li TOWN OF ESTES PARK r *V . \1 Police Department VE- -9!3% 40 & A #92f37465:$48*~,~_293'j~DÂ¥2tri /3JI~.... 5& 3Â¥i - ..s, ---atkyliflb)%$%ift@K'7023%Â·?4~VT'*+3.5I~~~~ . 6 NFLAT 'â€¢ Uch v,,~0~ 12- '-1-:leÂ«..: 4 , I h. -/-1*04 ,= ' 4/Lin,1001:Creg /Â·i: C November 10, 1995 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: GHV - Colorado, Inc. d/b/a The Stanley Hotel Hotel & Restaurant Ramirez, Rowell Buehler, James A. Burruss, William F., Jr. Cullen, John W. Ms. O'Connor: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any warrants against William F. Burruss, Jr., or John W. Cullen. James Buehler and Rowell Ramirez both have criminal histories, however, they have no current warrants. None of the history information would preclude these gentlemen from qualifying for a liquor license. Therefore, based upon the information received, I would recommend approval of the license for GHV - Colorado, Inc., d/b/a The Stanley Hotel. Sincerely, Randy R;pola ' Chief of Police RR/jo (303) 586-4466 â€¢ RO. BOX -1 287 â€¢ ESTES PARK, CO 8051 7 â€¢ FAX (303) 586-4496 DR 8404 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 COLORADO LIQUOR OR 3.2 % FERMENTED MALT BEVERAGE LICENSE APPLICATION 1. Applicant is a Date filed with Local Authonty iD corporation (Attach DR 8177) ~ Individual (Attach DR 8404-1) 11/2/95 F.E.I.N. El Partnership (Attach DR 8441) El Limited Liability Company (Attach DR 8405) 52-1926271 1 a. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Social Security No. GHV-Colorado, Inc. 2. Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone _The_Stanley Hotel 23-387330000 970-586-3371 3. Address of Premises (specify exact location of premises) 333 Wonderview Avenue City County State ZIP Code Estes Park, Larimer Co 80517 4. Mailing Address (Number and Street) City or Town State ZIP Code Same 5. If the premises currently have a liquor or beer license, you MUST answer the following question: Present Trade Name of That Establishment (DBA) Present State License No. Present Type of License Present Exoiration Date The Stanley Hotel 16-10943-0000 Â·ant.rbar H&R 4646&4*W*~16*efisue 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; 6r offibers, 76(khold- Yes No ers or directors if a corporation) or manager under the age of twenty-one years? 0 011 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- ers or directors if a corporation) or manager ever; (a) been denied an alcoholic beverage license? mE (b) had an alcoholic beverage license suspended or revoked? m R (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? mi If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8. Has a liquor license for the premises to be licensed been refused within the preceding two years? If "yes," explain in detail. m 52 8a. Has a 3.2 beer license for the premises to be licensed been refused within the preceding one year? If "yes," explain in detail. m 521 9. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, university or m 52 seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any mi current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 1 a of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership or under a lease? (If yes, attach a signed copy of deed or lease.) cm C] Ownership [3 Lease N Other (Explain in Detail)Chntract Manager nn hphal f nf owner=hip rer=liant to a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: written agreement dated 5/ 18/9 2 Landlord Tenant Expires Attach a diagram of the area to be licensed (including dimensions) which shows the bars, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2' X 11 : (Doesn't have to be to scale) 12. Who has (including persons, firms, partnerships, corporations, limited liability companies) or will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME ADDRESS INTEREST New Stanley Associates, L.P. 410 Severn Ave.,Annapolig,Mn 21403 Owner Attach copies of all notes and security instruments, and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises All Optional Premises applicants must attach a copy of the local ordinance or resolution authorizing the issuance of Optional Premises licenses. Number of separate Optional Premises areas reg iested DR 8404 (2/94) Page 2 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. 00 15. Club Liquor License applicants answer the following and attach DR 8177: (a) Is the applicant organization operated solely for a national, social, fratemal, patriotic, political or athletic purpose and not for pecuniary gain? Il Il (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? 00 (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? 16. Colorado Manufacturer, Wholesaler or Limited Winery applicants, answer the following: (a) Will the applicant store or sell alcoholic beverages at more than one location in Colorado? If "yes," provide the address of each location and explain the activity to be conducted at each location (e.g., warehouse, salesroom, etc.) (Attach DR 8438 for each location) 00 (b) If applicant is a wholesaler, does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. El El (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain whether one has been applied for. 00 17. Nonresident Manufacturer (3.2% beer or malt liquor) or Importer (3.2% beer, man, vinou's or spirituous liquor) applicants, answer the following: (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) Does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, virious or spirituous liquor? If yes, attach explanation in detail. Â£ m (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain in detail. 00 (d) Are you the primary source of supply in the U.S.? If "no," explain. 00 (e) Are all your products registered in Colorado? If "no," attach DR 8440 and register :ad products. m El 18. Name of Manager (If this is an application for a Hotel and Restaurant License, the manager must also submit a Manager Registration Form Date of Birth (DR 8367) and Individual History Record (DR 8404-1). Rowell Ramirez 7/13/56 4. 58, 2 . 9Â© OATH OF APPLICANT r I. n . .2 m I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and coml~lete to the best of my knowledge. At~horile , atur-e~~ Title - Date 6(/ 9.--In-- 91. 1100'~eâ‚¬44 16 131 1% REPORT)AND APPROVAL OF LOCAL LICENSING AUTHORITY' r 7 .... Â£ t e . ... I 1 9 . + (Mandifacturerf, nonresident manufacturers, jmporters, wholbsalers, limiti68 wineries, and public transportation licensees , < ' disregard the section below.)'/ Ip . m E wo~ Is this application for a: u New License ~ Transfer of Ownership El Other (specify Each person required to file DR 8404-1: ~ Yes No Has been fingerprinted . Â® El Background, NCIC and CCIC checked NO The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. .0 If "no," the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desirek of the inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for E TOWN, CITY O COUNTY Signature Title Date Signature (attest) Title - Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. DR 8404-1 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET ~ DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business GHV-Colorado, Inc. Date Social Security Number(s) L_ - ..1--= d/b/a The Stantley Hotel 10/11/95 272-74-6931 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) Cullen, John Wesley 4. Mailing Address (if different from residence) Home Telephone 410-263-1352 5. Residence Address (street and number, city, state, ZIP) 18 Cornhill Street, Annapolis, MD 21401 6. Date of Birth Place of Birth 7. U.S. Citizen? 8/22/62 ' Cleveland, OH , Â£ Yes CJ No if Naturalized, stateÂ·where When Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number. , Permanent Residence Card Number 8. Height Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver's License? If yes, give number, & state 6' 3" 190 lbs. BR BR M White 53 Yes CJ No C-450-429-870-655 10. Name of Present Employer 11. Type of Business or Employment Grand Heritage Hotels, Inc. Hotel Management 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone 410 Severn Avenue, Annapolis, MD 21403 41 0-267-0070 13. Present Position . Chairman 14. Marital Status 15. Name of Spouse (include maiden name if applicable) Single 16. Spouse's Date of Birth Spouse's Place of Birth 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer Occupation 19. Address of Spouse's Present Employer 20. List the name(s) of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER None 21. Do you now, or have you ever held a State of Colorado Liquor or Beer License, or Ipaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? H yes, answer in detail C] Yes QI No - CONTINUED ON REVERSE SIDE 318**03'ER,f:.):*.*iNGS DR 8404-1 (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffic violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, explain in detail. 2 Yes [*] No 23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. U Yes il No 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 18 Cornhill Street Annapolis, MD 21401 6/92 Present 22 Cornhill Street Annapolis, MD 21401 2/89 6/92 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD , FROM TO Chairman 1989 Presenz Grand Heritage Hotels, Inc. 410 Severn Avenue, Annapolis,MD 21403 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 250 shares Gne 29. If partner, state whether El General Â£ Limited Percent of Partnership Owned If Limited Liability Company (percent owned) .30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $ 0.00 31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Names on accounts or person who can Amounts Sources - Account Numbers sign on this account $ $ $ $ ..4 . Â·T E, I 42.. ./*athof Applica,Et.t . 4. 3 + #4 4.1.4 .i t.Â·Â·:., 071*' Â· 4 .. I declare undlpenalty of periurv in the second degree that this application and all attachments are true, correct, and complete to the best of my know>fl A <Pl Authorized SIâ‚¬flai6uf Title Date A- \) 2 OfÂ¢Ato.MAd /0-30-95 / / t, -4- DR 8404-1 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALLquestions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business GHV-Colorado, Inc. Date Social Security Number(s) d/b/a The Stanley Hntpl 10/11/95 238-08-7207 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) Burruss, William Franklin Jr. 4. Mailing Address (if different from residence) Home Telephone 305-294-4614 5. Residence Address (street and number, city, state, ZIP) 702 White Street, Key West, FL 33040 6. Date of Birth Place of Birth 7. U.S. Citizen? 1045(*7 10/5/57 ' Newport News, VA Â£] Yes E No If Naturalized, state where When Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number. Permanent Residence Card Number 8. Height Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver's License? If yes, give number, & state 5'11" 175 lbs. M White ~ Yes Â£ NoMD, 8-620-887-261-767C 10. Name of Present Employer 11. Type of Business or Employment Grand Heritage Hotels, Inc. Hotel Management 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone 410 Severn Avenue, Annapolis, MD 21403 410-267-0070 13. Present Position President 14. Marital Status 15. Name of Spouse (include maiden name if applicable) Married Carol Skerik Burruss 16. Spouse's Date ot Birth Spouse's Place of Birth 1/6/52 Burlington, Iowa 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer Occupation NONE Housewife/Mother 19. Address of Spouse's Present Employer NONE 20. List the name(s) of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER None 21. Do you now, or have you ever held a State of Colorado Liquor or Beer License, or Ipaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail 2 Yes 7 No CONTINUED ON REVERSE SIDE DR 84044 (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffic violations, unless they resulted in suspension or revocation of your drivers license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) It yes, explain in detail. El Yes E No 23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. 2 Yes 9 No 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 702 White Street Key West, FL 33040 5/94 Present 227 Chatham Lane Annapolis, MD 21403 7/88 5/94 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO President Grand Heritage Hotels, Inc. 410 Severn Avenue, Annarnligr MD 21403 1989 Presenc 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 250 shares 50% 29. If partner, state whether ~ General O Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 30. Total amount you will invest in this business, including notes. loans. cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $ 0.00 31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Names on accounts or person who can Amounts Sources - Account Numbers sign on this account $ $ $ $ . . ' :r'Oath of Applicant.r-=06,-.' '- w r, c ~ hiflaPEÂ·-C.8. 4'14:Â· 9-2.,: ..2 I. , / I. k. 7-,94. w.. :.-7 I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Sign~2,~ Title Date ~A-~ r~ < ~h ~~ 7(es i de,~,t-- 10131|94 U' f w.. 6404-1 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Date Social Security Number(s) 4##CaL-Â£, SLe rat- 04 atLJSq I*(dz,t â€ž/ '7 /4 5 S 2-6 Â·- 0 -1 - b 1-2- 4 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) 0-**1 j vl.,trL 44 0-,1 J-c 4--A'â‚¬ M O CO 4. Mailing Address (if different from residence) Home Telephone ?D \Vul 41>T71-9> ev- , 00 9)047 -1 9Â· 7 0 3 06 - 1 6 ( 3 5. Residence Address (street and number, city, state, ZIP) 3441 \ 3 U 06 F v!/NUL Tvl,Al L 9.5773.6 fLAI, Clo 8 0 5-\ 1 6. Date of ~irth Place of Birth 7. U.S. Citizen? 1/ 1 3 /G rt AÂ¥4 \Â· -k / 2 WL L . U Yes ~ No If Naturalized, state whereÂ· When Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number. . Permanent Residence Card Number 8. Height Weight Hair Color Eye Color Sex Race 9~ You Have a current Driver's License? If yes, give number, & state C\0 1-30 SuLL 8 LA,1-- '11 8 WOLUO 'ALYes U No RS- - 28 I - 011 4 10. Name of Present Employer '11. Type of Business or Employment 51-}re Le-\ He vul- \+01151_ 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone 3263> LJÂ©UÂ©clubico-U-) AL) 8- 55.t> PLL, .CO tri-11 910~ 5-8 9 - 331\ 13. Present Position (30, cr,J <Fn..41- Â¥Â·1 A.+D A--Â«Â»L - 14. Marital Status 15. Name of Spouse (include maiden name if applicable) \-keÂ« 0 l -awke-it:Ce ~pe-1 1 10-21 16. Spouse's Date of Birth Spouse's Place of Birth 0,1 , 3.j-1-Z>/64 E>A-1 0 l 5100 , ut Â« 1 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer Occupation 5 8-Uâ‚¬ 10Â¥0 U 6 0-k, i F-Â·cr 19. Address of Spouse's Present Employer 20. List the name(s) of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER 1-5 -A. 21. Do you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail U Yes j~ No CONTINUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffic violations, unless they resulted in suspension or revocation of your drivers license, or you were convicted of driving under the influence of drugs oralcoholic beverages.) If yes, explain in detail. U Yes KNo 23. Have you ever received a violation notice, suspension or revocation for a Ijquor law violation, or been denied a liquor or beer license anywhere in the U.S. ? 11 yes, explain in detail. U Yes @~No 2 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 15-0 0. r..4,~ â‚¬1'1.-> LUALL -1 U e l rD-VL- c e.= 33 4 5.-5 10140 4 S- 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO 0AlliD 1*14â‚¬k-0.09- peo-re'l- 3 0 l A<Ull61--p'Â«0.1.4.3 k.d 5 61 hÂ»keÂ·o-Yl_ 40 4 25' 9/nAA ybc-*-0~4- 1 a.- 33400 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) tr'\ A-,C>,4Â·Â·-5-0'~'~ 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 29. If partner, state whether O General Il Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $ 31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Amounts Sources - Account Numbers Names on accounts or person who can sign on this account $ $ $ $ . - Ob-th of Applicant.2 z., Â»ei: r ....' v 'f.~ ....~' -~ .. Sh. p/ * I & 2 . I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature Title Date 8&47& r[ *-c â€ž-lt 4/6 /1 y DR 8404-1 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary forthe licensing authorities investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Date Social Security Number(s) The Stanley Hotel 10-27-95 523-62-5010 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) Buehler, James Anthony 4. Mailing Address (if different from residence) Home Telephone 333 Wonderview Ave. Estes Park, CO 586-1048 5. Residence Address (street and number, city, state, ZIP) 1010 S. St. Vrain #D3 Estes Park, CO 6. Date of Birth Place of Birth 7. U.S. Citizen? 12-31-59 Loveland, CO ~ Yes [3 No If Naturalized, state where - When Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number- Permanent Residence Card Number '0 8. Height Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver's License? If yes, give number, & state , 5'11" 150 Brown Blue M C ~ Yes 521 No 571-62-901 n 10. Name of Present Employer 11. Type of Business or Employment The Stanley Hotel 12. Address of Business Where Employed (street number, city, state. ZIP) Business Telephone 333 Wonderview Dr. EStes Park, CO 80517 586-3371 13. Present Position '~ Food & Beverage Manager 14. Marital Status 15. Name of Spouse (include maiden name if applicable) Single 16. Spouse's Date of Birth Spouse's Place of Birth 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer Occupation 19. Address of Spouse's Present Employer 20 List the name(s) of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER None 21. Do you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail U Yes CE No CONTINUED ON REVERSE SIDE DR 8404-1 (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffic violations, unless they resulted in suspension or revocation of your drivefs license, or you were convicted of driving under the influence of drugs or alcoholic beverages.) If yes, explain in detail. CJ Yes D No 23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. El Yes El No 24. Military Service (branch) From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO Weathervain Rest. & Micro Walnut St. Springfield MO SM/owner 93 94 Brewery Taquitos Cafe Mex Branson MO Asst GM 93 93 The Windsors Restaurant Springfield MO SM 90 92 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) 28. If stockholder, number of shares owned beneticially or of record Percent of outstanding stock owned 29. If partner, state whether El General El Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $ 31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Names on accounts or person who can Amounts Sources - Account Numbers sign on this account $ $ $ $ %6Oath bf Applicant: i,.,-Â·i?0+40'. 9â‚¬164390240Â© f. ' .5.43Â·- i.' 4 . 9 I declare undkr penalty oftberjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowleÂ®K ~ Authorized Signaturt ~ Title Date A- 000/4 14.Deje rale- 1116,ke) i i - 1 - %-- 1 U ORDINANCE NO AN ORDINANCE AUTHORIZING THE PURCHASE BY THE TOWN OF ESTES PARK OF CERTAIN REAL PROPERTY OWNED BY GERALD R. PALMER AND PATRICIA K. PALMER WHEREAS, the Town of Estes Park, hereinafter referred to as ("the Town") has signed a Contract dated the 9th day of October, 1995, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, pursuant to the applicable provisions of Section 31- 15-713(1) (b), C.R.S., the Board of Trustees of the Town of Estes Park, Colorado has agreed to the purchase of said real property on such terms and conditions as set forth in the Contract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The property shall be acquired by the Town pursuant to the terms of the Contract set forth on Exhibit "A" . Section 2. The appropriate officials of the Town of Estes Park are hereby authorized to execute all documents necessary to close the purchase of the property. Section 3. The adoption of this Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 1995. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk Onlu06â€¢ The printed portions of this form, except (itaticized) --1-41. (differentiated) additions, have been approved by Becker Real Estate Co. 240 E Elkhom Avenue the Colorado Real Estate Commission. (CBS 3-9-95) Estes Park. Colorado 80517 THIS FORM HAS IMPORTANTLEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULTLEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. VACANT LAND/FARM AND RANCH CONTRACTTO BUY AND SELL REALESTATE OCTOBER 9 19 95 1. PARTIES AND PROPERTY. TOWN OF ESTES PARK , buyeÂ«s) [Buver], (#MA*AM444/Anants in common) agrees to buy, and the undersigned setter(s) [Seller1, agrees tosell, on the terms and conditions set forth in this contract, the following described real estate in the County of LARIMER , Colorado, to wit: A TRACT OF LAND IN THE NW 1/4 OF SECTION 30, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6TH P.M.MORE PARTICULARLY DESCRIBED AS FOLLOWS:SEE EXHIBIT A ATTACHED HERETO AND MADE A PART OF THIS CONTRACT knownasNo. LOT 44. LITTLE PROSPECT MOUNTAIN ADDITION TO THE TOWN OF ESTES PARK.CO 80517 Street Address city Â· State Zip together with at! interest of Setter in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, a!! improvements thereon and atl attached fixtures thereon, except as herein excluded (collectively the Property) 2. INCLUSIONS / EXCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of this contract: lighting heating, plumbing, ventilating, and air conditioning fixtures, 1V antennas, water softencrs, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, noor coverings, intercom systems, built-in kitchen appliances, sprinkier systems and controls, built-in vacuum systems (including accessories), and garage door openers including N /A remote controls, (b) if on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and porch shades, awninp, blinds, screens, cuttain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys and (c) NOT APPLICABLE (d) Water Rithts. Purchase price to include the followingwater rights: NOT APPLICABLE (e) Growint Crom. With respect to the growing crops Seller and buyer agree as follows: NOT APPLICABLE The above-described included items (Inclusions) are to be conveyed to Buyer by Seller by bill of sale, NOT APPLICABLE deed or other applicable legal instrument(s) at the closing,free and clear ofalltaxes, liens and encumbrances, except as provided in Section 12. The following attached fixtures arc excluded from this sale: 3. PURCHASEPRICEAND TERMS. Thepurchase price:hallbe $ 140.000 .00 .Dayable in U.S.dollambyBuycrasfollows: (Complete the applicable terms below.) (a) EARNEST MONEY. $ 1,000.00 in the form of IMMEDIATE FUNDS , as earnest money deposit and part payment of the purchase price, payable to and held by C-21 BECKER REAL ESTATE CO. , broker, in its trust account on behalf of both Seller and Bu}tr. Broker is authorized to deliver the earnest money deposit to the closing agent, if any, at or before closing. Ilie balance of $ 139.000.00 (purchase price less earnest money) shall be paid as follows: (t) CASH AT CLOSING. $ 139.000.00 , plus closing costs, to be paid by Buyer at closing in funds which comply with at! applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check, and cashier's check, (Good Funds). Subject to the provisions of Section 4, if the existing loan balance at the time of closing shall be different from the loan balance in Section 3, the adjustment shall be made in Good Funds at closing or paid as follows: NOT APPLICABLE (c) NEW LOAN. $ N/A by Buyer obtaining a new loan. This loan will be secured by a deed of trust. (lst, 2nd, etc.) The loan shall be amonized over a period of years at approximately $ ptY r including principal and interest not to exceed % per annum, plus, if required by Buycr's lender, a deposit of of the estimated annual real estate taxes, properly insurance premium, and mortgage insurance premium. 1 f the loan is an adjustable interest rate or graduated payment loan, the payments and interest rate initially shall not exceed the figures set forth above. Loan discount points, if any, shall be paid to lender at closing and shall not exceed % of the total loan amount. Notwithstanding the loan's interest rate, the first loan discount points shall be paid by and the balance, if any, shall be paid by Buyershall timely pay a loan origination fee not to exceed % of the loan amount and Buyer's loan costs. (d) ASSUMPTION. $ N/A by Buyer's assuming and agreeing to pay an existing loan in this approximate amount, presently payable at $ per including principal, intcrest presently at 96 per annum, and including escrow for the following as indicated: Â¤ real estate taxes, C] property insurance premium, 0 mortgage insurance premium,and . Buyer agrees to pay a loan transfer fee not to exceed $ . At the time of assumption, the new interest rate shall not exceed % per annum and the new payment shall not exceed $ principal and interest, plus escrow, if any. Seller Â¤ shall ~ shall not be released fromliability on said loan. If applicable, compliance with the requircments forrelease from liability or reinstatement oretigibility shallbe evidenced by detivery at closing ofan appropriate letter from lender. Cost payable for release of liability shall be paid by in an amount not to exceed $ (e) SELLER OR PRIVATETHIRD-PARTY FINANCING. $ NOT APPLICABLE by Buyer executing a promissorynote payable to: CBS3 9-95 Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate Page 1 of 4 ISG-McAllister Publishing 000)336-1027 Prepared at Century 21 Becker Real Estate Co., Estes Park, CO 303-586-9551 [The printed portions of this form, except (italicized) (differentiated) additions, have been approved by the Colorado Real Estate Commission (CBS3-9-95)1 on the note form as indicated: (Check one box only.) O Right-to-Cure NID 82-11-83 0 No Right-to-Cure NID 81-11-83 1-1 secured by a deed of trust encumbering the Property, using the form as indicated: (lst, 2nd, etc.) (Check one box only.) O Strict Due-on-Sale (ID 72-11-83) Â¤ Creditworthyâ‚¬rD 73-11-83) O Assumable -Not due on sate CID 74-11-83) Il The promissory note shall be amortized on the basis of years, payable at $ per including principal and interest at thc rate or 96 per annum. Payments shall commence and shall be due on the day of each succeeding . If not sooner paid, the balance of principal and accrued interest shall be due and payable after closing. Payments ~shall Â¤ shall not be increased by of estimated annual real estate taxes, and Oshall Oshall not be increased by of estimated annual property insurance premium. The loan shall also contain the following terms as indicated: trany payment is not received within calendar days after its due date, a late charge of % of such payment shallbe due. Interest on tender disbursements under the deed of trust shallbe 96 perannum. Default interest rate shallbe % perannum. Buyer may prepaywithout a penalty except 4. FINANCING CONDmONS AND OBLIGATIONS. (a) LOAN APPLICATIONCS). If Buyer is to pay all orpart of the purchase pnce as set forth in Section 3 byobtaining a new loan or if an existing toan is not to bc released at closing. Buyer, if required by such lender, shall make written application within calendar days from acceptance of this contract. Buyershall cooperate with Seller and lender toobtain loan approval, diligently and timely pursue same in good faith, execute a!1 documents and furnish atl information and documents required by the lender, and, subject to Section 3, timely pay the costs of obtaining such loan or lender consent. (b) LOAN APPROVAL W Buyer is to payall orpart or the purchase price by obtaining a new loan as:pecified in Section 3, this contract is conditional upon lender's approval of the new loan on or before , 19 . If not so approved by said date, this contract shall terminate. M EXITI'ING LOAN REVIEW. Ifan existing loan is not to be released at closing, Sellershall provide copies of the loan documents (inctuding note, deed of trust, modifications) to Buyerwithin calendardays from acceptance ofthis contract. This contract is conditional upon Buyer's review and approval of the provisions of such loan documents. Buyer consents to the provisions of such loan documents if no written objection is received by Seller from Buycrwithin catendardays from Buyer's rectipt ofsuch documents. Ifthe lender's approval of a transfer of the Property is required, this contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan, except as set forth in Section 3. Ir lendefs approval is not obtained on or before ,19 , this contract shall be terminated on such date. Ir Sellcris to be released from liability under such existing loan or if Sellefs VA eligibility is to be reinstated and Buyer does not obtain such compliance as set forth in Section 3, this contract may be: terminated at Seller's option. (d) ASSUMPTION BALANCE If Buyeristopay allorpartorthe purchase price by assuming an existing loan and if the actual principal balance or the existing loan at the date of closing is less than the amount in Section 3 and the amount of cash required from Buyer at closing is increased by more than $ N/A , then Buyer may terminate this contract effective upon receipt by Seller or Buyer's written notice of termination. (e) CREDIT INFORMATION. If Buyeristopayallorpartorthepurchase price by executing a promissory note in favor of Seller or if an existing loan is not to be released at closing, this contract is conditional upon Seller's approval of Buyer's financial ability and creditworthiness, which approval shall, be at Seller's sole and absolute discretion. In such case: (1) Buyershallsupply to Selleron or before NOT APPLICABLE , 19 , at Buyer's expense, information and documents concerning nuyer's financial, employment and credit condition; (2) Buyer consents that Seller may verify Buyer's financial ability and creditworthiness; (3) any such information and documents received by Seller shall be held by Seller in confidence, and not released to others except to protect Selter'$ interest in this transaction; 0) if Seller does not provide written notice of Seller's disapproval to Buyer on or before , 19 . then Sciter waives this condition. If Seller does provide written notice or disapproval to Buyer on or before said date, this contract shall terminate. 5. APPRAISAL PROVISION. (Check only one box.) This Section 5 0 shall O shall not apply. If this Section 5 applies, as indicated above, Buyer shall have the sole option and election to terminate this contract if the purchase price exceeds the Property's valuation determined by an appraiscr engaged by NOT APPLICABLE . The contract shall terminate by the Buyer causing the Seller to receive written notice of termination and a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the purchase price, on or before NOT APPLICABLE , (Appraisal Deadline). If Seller does not receive such written notice of termination on orbefore the appraisal deadline, Buyer waives any right to terminate under this section. 6. COST OF APPRAISAL Cost of any appraisal to be obtained after the date of this contract shat! be timelypaid bv PURCHASER 7. NOT ASSIGNABLE 'rhis contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties 8. EVIDENCE OFTrrLE. Sellershall furnish to Buyer, at Seller'sexpense,,w# a current commitment forowner's title insurance policy inan amount equal to the purchase price or#7#14*MÂ¢){01% 00/Â®WHÂ¢AUNÂ¢ 44#00* 1Â¥A/04#40/4#% on or before OCTOBER 27 19 95_ critte Deadline). NÂ¢,OVÂ¢,WÂ¢#44%44(MÂ¢07*Â¢040/,W}{00, Buyer may require of Sciter that ropies ofinstruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance commitment also bc furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this Section 8, constitute the title documents (ritic Documents). Buyer, or Buyer's designee, must request Selter, in writing, to furnish copies or abstracts ofinstruments listed in the schedule of exceptions no later than 5 calendar days after Title Deadline. 17#MU/At/VÂ¥gÂ¢10#00 insurance commitment, Sellerwillpaythe premium at closing and have>the title insurance policy delivered to Buyer as soon as practicat afterclosing. 9.TrrLE. (a) TrrLE REVIEW. Iluyershall have the right to inspect the Title Documents 0/Aw#Vt. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents 0/AI##0 shall bc signed byoron behalf or Buyer and given to Seller on or before 1 0 calendar days after Title Deadline, or within five (5) calendar days after receipt by Buyer of any Titic Document(s) or endorsement(s) adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to titte. Ir Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition or title as disclosed by the Title Documents as satisfactory. (b) MATrERS NOT SHOWN BY THE PUBLIC RECORDS. Scltershall deliver to Buyer, on or before the Title Deadline set forth in Section 8, true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyerall easements, liens orother title matters not shown by the public records of which Seller hasactual knowledge. Buyershall have the right to inspect the Property to determine if any third party(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecordcd lease, orboundaryline discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall bc signed by or on behalf of Buyer and given to Seller on or before NOVEMBER 15 ,19 95 . lf Scller does notreceive Buyer's notice by said date, Buyeraccepts title subject to such rights, irany, of third parties or which Buyer has actual knowledge. (c) SPECTALTAXING D!51'RICIE. SPECIAL TAXING DIRrRICIN MAYBE SUBJECI'TO GENERAL OBLIGATION INDENTEDNESS '11!AT IS PAID BY REVENUES PRODUCED FROM ANNUALTAX LEVIES ON TIHITAXABLE PROPERn' WrrHIN SUCII DISTRICIE. PROPERTY OWNERS IN SUCH DISTRICIE MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVETAX BURDENS TO SUPPORTTI IE SERVICING OF SUCH DEBTWHERE CIRCUMSTANCES ARISE RESULTING IN 1-1 12 !NABILITY OFSUCH A DErRICI' TO DISCHARGESUCH INDEIrrEDNESS WmIOUTSUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVIErIGATE,1113 DEIrr CBS3 9-95 Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate Page 2 44 ISG-McA:lister Publishing (800)336-1027 Prepared at Century 21 Becker Real Estate Co., Estes Park, CO 303-586-9551 Irhe printed pc,rtions of this form, except (italicized) (di[Terenttated) adattions, rave occn appn,v:u uy inc -,viouu - 4, a_.â€ž~ w-â€ž-_. ,-_ _ __- tri-8 FINANCING REQUIREMENrS OFTHEAUI'HORIZED OENERALOBUGATION INDEBTEDNESS OF SUCH DISTRICIE, EXISI-ING MILL LEVIES OF SUal DISTRICT SERVICING SUCII INDEIrrEDNESS, AND TIHIPOTENIIAL FORAN INCREASE IN SUCH MILLLEVIES. In the event the Property is located within a special taxing district and Buyer des}resto terminate this contract as a result, if written notice is given 11 to Setter on or before the date set fonh in subsection 9 (b). this contract shall then terminate. tf Seller does not receive Buyer's notice bythe date specified above, Buyer accepts the effect of the Property'$ inclusion in such special taxing district(s) and waives the right to so terminate. i 01 RIGHTTO CURIL If Seller receives notice of unmerchantability oftille ornnyother unsatisfactorytitte condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. if Sciter fails to correct said unsatisfactory title condition(s) on or before the date of closing, this contract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before closing, waive objection to said unsatisfactory title condition(s). 10. INSPECTION. Setteragrees to provide Buycron orbefore NOT APPLICABLE 019 with a Seller's Property Disclosure form completed by Seller to the best of Sellefs current actual knowledge. Buyer or any designee shall have the right to have inspection(s) of the physical condition of the Property and Inclusions at Buyer's erpense. 11 written notice of any unsatisfactory condition, signed by or on behalf of Buyer, is not received by Sclter on or before NOVEMBER 15 ,19 95 (Objection Deadline), the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. If such notice is received by Seller asset forth above, and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or berore DECEMBER 10 ,19 95 (Resolution Deadline), this contract shall terminate three calendardays followingthe Resolution Deadline unless,within the three catendardays, Seller receives written notice from Buyer waiving objection to any u ycondition. Buyer is responsible torand shall pay foranydamage which occurs tothe Property and Inclusion as a result of such inspection. 11. DATE OF CLOSING. The date or closing shall be JANUARY 10 ,19 96 , orbymutual agreement at an earlier date. The hour and place of closing shall be as designated by LISTING BROKER, PARTIES TO CONTRACT 12.TRANSFER OFTTTLE, Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient GENERAL WARRANTY deed to Buyer, on closing, conveying the Property free and clear of att taxes except the general taxes for the yearof closing, and except NONE . Title shall be conveyed free and clearof all liens for special improvements installed as of the date of Buyer's signature hercon, whether assessed or not; empt (i) distribution utility easements (including cable TV), (ii) those matters reflected by the Title Documents accepted by Buyer in accordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 9(b), Ov) inclusion or the Property within any special taxing district, and (v)subject to building and zoning regulations. 13. PAYMENT OFENCUMBRANCES. Any encumbrance required to be paid shall be paid at orbefore closing from the proceeds of this I .. or from any other source. 14. CLOSING COSTS, DOCUMENTSAND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective closing costs and att other items required :o be paid at closing,except as otherwise provided herein. Buyer and Seller shall sign and complete all customaryor required documents at or before closing. Fees for real estate closing se:vices shall not exceed $ 100.00 and shall bc paid at closing H EOUALLY BY THE PARTIES . The local transfer taxof N/A 96 ofthe purchase price shall be paid at closingby NOT APPLICABLE . Any sales and use tax that may accrue because of:his tran:actionshall be paid when due by NOT APPLICABLE 15. PRORATIONS. General taxes forthe year of closing, based on the taxes forthe calendarycar immediately preceding closing, rents, water and sewer charges, homeowner': association dues, and interest on continuing loan(:), if any, 000 shall bc pionted to date of closin& 16. POSSESSION. Possessionofthe Properly:hall be delivered to Buyeras follows: ON CLOSING AND DELIVERY OF DEED subject to the following Icase(s) or lenanÂ«s): NONE . If Seller, after closing fails to dcliver possession on the date hercin specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of $ 50.00 per day from the date of agreed possession until possession is delivered. 17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in thiscontract, the Proper,yand Inclusions shallbedelivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall bc damaged by fire orothercasualty prior to time of closing, in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or ir the damages excced such sum.this contract may bc terminated at the option or Buyer. Should + Buyer elect to carry out this contract despite such damage, Buyershall be entitled to credit for at! the insurance proceeds resulting from such damage to the Properly and Inclusions, not exceeding, however, the total purchase price. Should any Inclusion(s) or service(s) fail or be damaged between the date of this 1 contract and the date of closing orthe date of possession, whichevershall be earlier, then Seller shall bc liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar s~ze, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss for any damage to growing crops, by fire or other casualty, shall be borne by the pany entitted to the growing crops, if any, as provided in Section 2 and such party shall be entitled to such insurance proceeds or benefits for the growing crops, if any. 18. TIME OF ESSENCE /REMEDIES. Time is of the essence hereof. Ifanynote orcheck received as earnest money, hereunder oranyother payment due hereunder is not paid, honored or tendered when due, " , ' ' '*~ ' ' . '' 1, there shall be the following remedies: (a~ IF BUYER IS IN DEFAULT [Check onc box only.1 (1)SPECIFIC PERFORMANCE Seller may elect to treat this contract as canceled, in which cose all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in full force and effect and Sellershall have the right to specific performance ordamages,orboth. r (2)UOUIDATET) DAMAGES. Att payments and things or value rcecived hereunder shall be forfeited by Buyci and retained on behalf of Seller and both partics ihall thercafter be releascd from allobligations hercunder. Itis agrecd that such payments and things of value arc UQUIDATED DAMAGES and (except as provided in subsection (c) are SELLER'S SOLEAND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Sellerexpressly wahts the remedics of specific performance and additional damages. (b, 117 SELLER IS IN DEFAULT Buyer may elect to treat this contract as canceled, in which casc all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyermayelect to treat this contract as being in full force and erred and Buyer shall have the right to specific performance or damages, or both. (c) COSTS AND EXPENSES. Anything to the contrary hercin notwithstanding, in the event ofanyarbitration orlitigation arising out of this contract, the arbitratoror court shall award to the prevailing party all reasonable costs and expenses, including attorney fees 19. EARNEST MONEY DISPUTE. Notwithstanding anytermination ofthis contract, Buyer and Seller agree that, in the event ofany controversy regarding the earnest money and things of value held by broker or closing agent, untess mutual written instructions are received by the holder of the earnest money and things of value, broker or closing agcnt shall not be required to take any action but mayawait any proceeding,or at broker's or closing agent's option and sole discretion, may interplead all patties and deposit any moncysorthings of value intoa court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 20. ALTERNATIVE DISPUrE RESOLUTION: MEDIATION. Ira dispute ariscs rclatinglo this contract, and is not resolved, the parties and broker<s) involved in such dispute (Disputants) shall first proceed in good faith to submit the matter to mediation. The Disputants will jointly appoint an acceptable mediator and willshare equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty (30) calendar days from the date written notice requesting mediation is sent by one Disputant to the other(s), the mediation, untess otherwise agreed, shall terminate. This section shall not alter any date in this contract, unless otherwise agreed. CBS3 9-93 Vacant Land/Farm mind Ranch contract to Buy and Sell Real Estate Page 3 of 4 ISG-McAllister Publishing (800)336-1027 Prepared â€¢t Century 21 Becker Real Estate Co. Estes Park, CO 303-586-9551 [The printed portions of this form except (itaticized) (differentiated) additions, have been approved by the Colorado Real Esate Commission (CBS39-95)]. 21. ADDITIONAL PROVISIONS: (The language of these additional provisions has not becn been approved by the Colorado Real Estate Commission). 1. PURCHASE IS CONTINGENT UPON APPROVAL BY THE BOARD OF TRUSTEES. 2. TRANSFER OF EXISTING WATER TAP TO FUTURE RESIDENTIAL CONSTRUCTION SITE WILL BE GRANTED BY THE TOWN OF ESTES PARK TO SELLERS. I , 22. RECOMMENDATION OF LEGAL COUNSEL By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultationwith legal and tax or other counsel before signing this contract. 23. TERMINATION. In the event this contract is terminated, all parnents and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to Section 19. 24. SELLING COMPANY BROKERRELATIONSHIP. Thesellingbroker, CENTURY 21 BECKER REAL ESTATE CO. , and its salespersons have been engaged as TRANSACTION BROKER . Selling Company has previously disclosed in writing to the Buyer that different relationships arc ovailable which include buyer agency, selleragency, subagency, or transaction-broker. 25. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer, or, if this box is checked O when received by Selling Company. 26. NOTICETO SELLER. Any notice to Seller shall be effective when recekd by Sellcror Listing Company. 27. MODIFICATION OF THIS CONTRACT. No subsequent modification of anyof the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the panics. 28. EN],RE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract. 29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing. by Buyerand Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or berore OC*N>BER 11 ,19 95 (Acceptance Deadline). Iraccepted, this document shall become a contract between Sellerapd Bu,ler. A copy of this document may be executed byeach party, separately, and when each party has executed a copy thereof, such copies taken together sh,11 be-Wemcd to bea full anicon~10@ con,act)*tween the parties. 151 (844 ji 1\ Buyer TOWN OF ESTES PARK nu>tr C - Date of Buyefs signature /0 -9 - ,19 95 Date of Buyer,s signature 0,457 2- 9 -- 9 1-19 Buyer'3YL P AQ BOX 1200 -ESTES PARK, CO 80517 na . (jW Â£ {)4~,~~A ~6'Culd- 4 4 .du--' Se~le< GERALD A PALMER Seller PATRICIA K. PALMER ' Date of Sellets signalf~*0' /6- // ,19 95 Date of Seller's signature ,19 95 Seller's Address P . 0. BOX 893 ESTES PARK. CO 80517 The undersigned BmkeÂ«s) acknowledges receipt of the earnest money depost: specified in Section 3, and Selling Company confirms its Broker Relationship u set forth in Section 24. Selling Company CENTURF 21 BECKER REAL ESTATE CO. 240 EAST ELKHORN AVE. ESTES PARK, CO 80517 .--. ~Namc and Address m td i. (251,4.-- OCTOBER 9 , 19,95 VIVIAN E. BECKER Date / r Listing Company CENTURY)21 BECKER REAL ESTATE CO. 240 EAST ELKHORN AVE. ESTES PARK, CO 80517 ,~ Name and Address n 1/ E. ral, 13]n Z>'Â«-4- OCTOBER 9 ,19 95 VIVIAN E. BECKER,/ Date Note: Closing Instruction: ihould be signed at the time thil contract immigned. CBS39-95 Vacant Land/Farm and Ranch Contract tobuy and Sell Real Estate . Page 4 of 4 ISG-McA]lister Publishing (800)336-1027 Prepared at Centur,21 Becker Real Estate Coâ€ž Estes Park. CO 303-586-9551 â€¢k; SUMMARY DATE WORKSHEET CBS3 vacant Land-Farm and Ranch contract to Buy and sell Real Estate Purchaser: TOWN OF ESTES PARK Seller: GERALD R. PALMER Date of Contract OCTOBER 9 ,19 95 Section 29. Acceptance Deadline OCTOBER 11 , 19 95 Section 11. Closing JANUARY 10 , 19 96 Section 4. Financing Conditions and Obligations New Loan orAssumption Section 4(a). Loan Application within days of acceptance Newl,oan Section 4(b). Loan Approval ,19 Loan Assumption Section 4(d). Assumption papers to Purchaserwithin days of acceptance Section 4(d). Notice of papers unacceptable within days of receipt Section 4(d). Loan Approval by Lender , 19 Owner CarryorAssumption Section 4(f). Credit Information to Seller NOT APPLICABLE ,19 Section 4(f). Disapproval of Credit ,19 Section 8. Evidence ofTitte Section 8. Title commitment or abstract OCTOBER 27 ,19 95 Section 8. Copies of scheduled exceptions within 5 days of receipt of title Section 9. Title Section 9(a). Notice of Unmerchantibility of Title within 10 days orreceipt of title Section 9(b). Notice of unsatisfactory conditions NOVEMBER 15 ,19 95 Section 10. Inspection Section 10. Notice of unsatisfactory conditions NOVEMBER 15 , 19 95 Section 10. Agreement for corrections DECEMBER 10 ,19 95 r o n.q'ge Â·L/' EtÂ¢k. lut:ar- St1.4? 4, . Covering the Land in the State of Colorado, County of Larimer Described as: A tract of land in the NW\Â· of Section 30, Township 5 North, Range 72 wast of the 6th P.M., Larimer County, Colorado, more particularly described an follows: BEGINNING nt a point on the Northerly right of way of the North Saint Vrain Highway (Colorado State Highway No. 36), said point being marked with an official U. S. Bureau of Land Management brass capped pipe stamped A. P. 50 and also being Corner No. 7 - U. S. Bureau of Reclamation ownership plat and also being the Southeast corner of the Continental Oil Â¢ompany property and of Lot 44, LITTLE PROSPECT MOUNTAIN ADDITION: thence N31Â°47'03"W 252.83 feet to the U: S. Bureau of Land Management brass cap pipe stamped A. P. 51, also being a corner of Continental Oil Company property und Corner No. 8 - Reclamation plat and the North corner of said Lot 44; thence N33Â°36'34"W 412.12 feet to the official brass cap marker stamped A. P. 52 and also being on the Northerly right of way of State Highway No. 36 and the West corner of Continental Oil Company land Lot 44 and Corner No. 9 - Reclamation; thence Southeasterly along the Highway right of way curve 'to the right : whose radius is 1959.9 feet a distance of 604.63 feet (the resultant c.:ord being S64Â°20'04"E a distance of 602.24 feet) to the POINT OF BEGINNING. Also known as Lot 44, LITTLE PROSPECT MOUNTAIN ADDITION to the TOWN OF ESTEQ PARK. emlugru The printed poltions or this form, except (italicized) --741 Becker Real Estate Co. (differentiated) additions, have been approved by 240 E Elkhom Avenue the Colorado Real Estate Commt=lon 01]I)26 1-1-94) Estes Park.Colorado 80517 Nerre DIFFERENI'BROKERAGE REATIONSHIPS AREAVAILABLEWHICH INCLUDE SELLERAGENCY, SUBAGENCY, BUYERAGENCY, ORTRANSACIION-BROKER TRANSACIION-BROKER DISCLOSURE OBUYER) CENTURY 21 BECKER REAL ESTATE CO. and its sales persons arc working with you as a transaction-broker. (Company Name) We assist you throughout the real estate transaction with communication, advice, negotiation, contracting and closing without being an agent or advocate for you or the seller. You are not vicariously liable (legally responsible) for our actions and a written contract with us is not required. For purposes of this disclosure, buyer also means "tenane and seller also means landlord'. As a transaction-broker we will: * Disclose to you any adverse material facts which we actually know about the property; * Perform any oral or written agreement made with you; ' Exercise reasonable skill and care; * Present ati offers in a timely manner; * Advise you regarding the transaction, including suggesting that you obtain expert advice on material matters about which we know but the specifics of which arc beyond our expertise; * Account to you promptly for all money or property wc receive; â€¢ Assistyou in complying with the terms and conditions of any contract and with the closing of the transaction; * Assist you and the seller without regard to race, creed, sex, religion, national origin, familial status, marital status, or handicap. As a transaction-broker we will not disclose the following information without your informed consent: * That you arewilling to pay more than what you offer; * What the motivating factors arc for you in buying or leasing the property; 0 That you willagree to financing terms other than those offered; * Any material information about you unless disclosure is required by law or if lack or disclosure would constitute dishonest dealing or fraud, except that we arc required to disclose all adverse material facts pertaining to your financial ability to perform the terms of the transaction and whether you intend to occupy the property as a principal residence. THIS IS NOT A CONTRACr. We have been given a copyof this Transaction-Broker Disclosureoft*c) SEPTEMBER 29, L995 i(aU--4. *11:L Buyer TOWN OF ESTES PARK Buybr On (date) SEPTEMBER 29 .1995 I provided thc buye*hvith a copy of this Disclosure and have kept a copy for our records. / CENTURY 21 BECKER REAL ESTATE CO. _ t- g ga-, Company Licensee VIVIAN E. BECKERf No.TOD26 1-94 TRANSACTON-BROKER DISCLOSURE (BUYER) ISG-McAllister Publishing (800)336-1027 Prepared at Centur,21 Becker Real Estate Co, Estes p.rk, CO 3303-586-9351 93%1. (differentiated) additions. have been approved by The printed portions of this form, except (italicized) Becker Real Estate Co. the Colorado Real Estate Commission. (CI.8-9-95) 240 E Elkhom Avenue THIS FORdÂ¥Â£1;1*nftl~WM!RGALCONSEQUENCESANDTHEPARMES SHOULD CONSULTLEGALANDTAX OROTHERCOUNSEL BEFORE SIGNING. CLOSING INSTRUCI'IONS OCTOBER 9 , 19 95 1. GERALD K. PALMER AND PATRICIA K.PALMER (Seller) and TOWN OF ESTES PARK (Buyer) engage TRANSAMERICA TITLE INSURANCE CO. (aosing Company),who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of LARIMER , Colorado, to wit: also known as: LOT 44, LITTLE PROSPECT MOUNTAIN ADD'N. Street Address TOWN OF ESTES PARK City ESTES PARK State COLORADO Zip 80517 2. Closing Company is authorized to obtain information, and agrees to prepare, obtain, deliver and record atl documents, excluding preparation of legal documents, necessary to carry out the terms and conditions of the Contract to Buy and Sell Real Estate, dated OCTOBER 9 , 19 21 with any counterproposals and amendments attached (Contract) 3.Closing Company will receive a feenotto exceed $ 100.00 for providing these closing and settlement services to be the expense of EOUALLY BY THE PARTIES 4. Closing Company is authorized to receive funds and to disburse when all funds received are either: available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited orare available for immediate withdrawal as a consequence of an agreement of a financial institutional in which the funds arc to be deposited or a financial institution upon which the funds are to be drawn ~Good Fundsâ€¢. 5. Closing Company is not authorized to release anydocuments or things of value priorto receipt and disbursement of Good Funds, except as provided in Sections 10 and 11. 6. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disbursercan assure that payoff of loans and other disbursements will actually be made. 7. Seller will receive the net proceeds of closing as indicated: O cashier's check at seller's expense. O funds electronically transferred (wire transfer) to an account specified by the Seller, at Seller's expense; or Â¤ Closing Companfs trust account check. 8. Buyer and Seller will furnish any additional information and documents required by Closing Company which will be necessary to complete this transaction. 9. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of closing. 10. If closing does not occur. Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and aosing Company will be relieved from any further duty, responsibility or liability in connection with these instructions. In addition, any promissory note, deed oftrust, or other evidence of indebtedness signed by Buyer, shall be voided by Closing Company, with the original(s) returned to Buyer and a copy to Buyer': tender. 11.!f any connicting demands are made on the aosing Company, at its sole discretion, aosing Company may hold any monies, documents, and things of value received from any party except Buyer's lendcr. Closing Company shall retain such itcms until (1) receipt of mutual written instruction from Buyer and Seller; or (2) until a civil action between Buycrand Sellershall have been resolved in a Court of competent jurisdiction; or (3) in the alternative, Closing Company may, in its sole discretion, commence a civil action to interplead, or, interplead in any existing civil action, any documents monies or other things of value received by Closing Company. Such deposit with the Court shall relieve Closing Company of all further liability and responsibility and Closing Company shall be entitted to all court costs and reasonable attorneys' fees. 12. Thesc closing instructions may be only amended or terminated by written instructions signed by Bu,tr, Seller and Closing Company. 13. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion ofthe proceeds of this sale when cither seller'(a) is a foreign person or (b) will not be a Colorado resident after closing. Sellershould inquire of Beliefs tax advisor to determine if wit holding applies or if an exemption exists. 14. Special Instructions: 15. These Closing Instructions may be executed byeach Buyer, Seller and Closing Company individually and when each Buyer. Seller and Closing Company has executed a copy~f these aosing Instructions, such copies taken together shall be deemed to be a full and complete contract between the parties. APPROX 96"er /1 Seller ,â€¢ -APâ€¢-4 Date /O - //- Date Social Sekuntyryumber .7 1 4-Â¥5-P,fY-7 Social Secu gMN*Aber Â· . 7 Buycr TOWN OF ESTES PARK Date 10-9-95 -p-4(64*MYÂ£Â£1 94*646-9 -94' Social Security Number FED I.D. Social Secu*ty Number 84'5000661 aosing Company : TRANSAMERICA TITLE INSURANCE CO. By: Title Date TO BE COMPLEIED ONLY BY BROKERAND CLOSING COMPANY Broker engages Closing Company as Broker's Scrivener to complete, for a fee not to exceed $ at the sole expense of Broker the followinglegal documents: C]Deed CIBill of Sale O Colorado Real Estate Commission Approved Promissory Note and O Colorado Real Estate Commission Approved Deed of Trust. The documents stated above shall be subject to Brokefs review and approval and Brokeracknowledges that Brokeris responsible for the accuracy of the above documents. Closing Company shall pay real estate commissions at disbursement as follows: Usting Company, oaid by ' % Daid by : 96 Selling Company, Other: By: By Broker Closing Company Date Date CL8-9-95 Closing instructions ISG-McAllister Publishing (800)336-1027 Prepared at Century 21 Becker Real Estate Co., Estes Park, CO 303-586-9551 Onlug. The printed portions of this form have been approved -r-rZI. Becker Real Estate Co. bythe Colorado Real Estate Commission (DD 25-1-94) 240 EL Elkhom Avenue r Est- Park, Colorado 00517 DEFINITIONS OF REAL ESTATE BROKERAGE RELATIONSHIPS STATEOFCOLORADO (date) SEPTEMBER 29, 1995 Seller's Agent*: A seller's agent works solely on behalf of thc seller and owes duties to the seller which include the utmost good faith, loyalty and fidelity. The agent will negotiate on behalf of and act as an advocate for the seller. The seller is legally responsible for the actions of the agent when that agent is acting within the scope of the agency. The agent must disclose to potential buyers or tenants all adverse material facts about the property actually known by the broker. A separate written listing agreement is required which sets forth the duties and obligations of the parties. Seller's Subagent: A subagent owes the same duties of utmost good faith, loyalty and fidelity to a seller as tile seller's agent and must make the same disclosures to buyers concerning adverse material facts about the property. A subagentwillnegotiate and act as an advocate for the seller, whoislegally responsible for the acts of the subagent when acting within the scope of the subagency. Seller must give written permission for the listing agent to employ subagents. :i,~ ap .P ft.:.1 Buyer's Agent*: A buyer's agent works solely on behalf of the buyer and owes duties to the buyer which Â· ~~. include the utmost good faith, loyalty and fidelity. The agent will negotiate on behalf of and act as an i 4 advocate for the buyer. The buyer is legally responsible for the actions of the agent when that agent is acting within the scope of the agency. The agent must disclose to potential sellers all adverse material facts concerning thc buyer's financial ability to perform the terms of the transaction and whether the buyer intends to occupy the property. A separate written buyer agency agreement is required which sets forth the duties and obligations oftheparties. Â·,i ...i 1 Transaction-Broker. A transaction-broker assists the buyer or seller or both throughout a real estate transaction with communication, advice, negotiation, contracting and closing without being an agent or advocate for any of the parties. The parties to a transaction are not legally responsible for the actions of a transaction-broker and a transaction-broker does not owe those parties the duties of an agent.â€ž- - However, a transaction broker docs owc the parties a number of statutory obligations and rgsponsibilities, including using reasonable skill and care in the performance of any oral or written agreement. A transaction- broker must also make the same disclosures as agents about adverse material facts concerning a property or a buyer's financial ability to perform the terms of a transaction and whether : the buyer intends to occupy the property. No written agreement is required. 0 For purposes of these Definitions, buyer also means "tenant" and seller also means *landlordÂ». No.DD251-94 DEFINmONS OF REAL[!5rATEBROKERAGE RELAMONS]IIPS ISG-McAttister Publishing (800)336-1027 Prepared â€¢t Centur,21 Becker Real Estate Co. Estes Park, CO 303â€¢386-9551 AGREEMENT RENEWALS (SUBJECT TO TABOR) 1995 AGREEMENT EXECUTION DEPT. TERM PAYMENTS RENEWAL DATE DATE HERON, Robt., 10/12/93 L&P 5-Yrs. N/A By Dec. Prospect Mtn. - 31st Radio Trans./L&P (Effective: 94, 95, 96, 97, 97) QUALTEC SERVICES - 12/13/94 TB 2-Yrs. N/A " Pro. Training Serv./Admin. (Effective: 95, 96) POWDER RIVER PRO., 11/22/94 CD 3-Yrs. $25,000 By Oct. INC. - Rodeo Stock 1st Contr./Sp. Events (Effective: 95, 96, 97) ELGIN STREET SWEEPER 4/27/93 PW 4-Yrs. $26, 004.10 By Dec. PW 31st (Effective: 93, 94, 95, 96, 97) TENTS/Sp. Events 5/1/95 CD 3-Yrs. $22,645.16 " (Key Corp. Leasing) (Effective: 95, 96, 97) FORD TAURUS/Comm. 5/1/95 CD 3-Yrs. $4,344.42 " Dev. (Pickering) (Key Corp. Leasing) (Effective: 96 , 96, 97) MODULAR BLDG./YOUTH 8/95 TB 5- Yrs. $14,226.19 " CTR./Admin. (E. P. Bank) (Effective: 96, 97, 98, 99, 2000) L TOWN OF ESTES PARK Gary F. Klaphake Town Administrator eggr -Â»2*btiwir# â‚¬5326Â· 0/i 31 Wde Â»~7jtl>*Â£1L#*#fwairarrgxpit 1#010 46. t,9.-4~ --% . ..4Â»~is.:f odu im,; ilir, . r *f .'~17**L'\ ,/'.72.1,-,- ~-2:3ris1 .-- - -'Â·~75--,,- :412.1 42 Â· *\ '.9% f'*V I YA :\ At ../':*I 'Fl- Pl.,-.2-,4-:6,2, 9.6 NG 4,221 . 4.4;1.â€ž56-< \ \11 /1 â€¢ . le. - Estes Park, Colorado 80517 tac ;** MEMORANDUM October 30, 1995 TO: Honorable Mayor Dannels Board of Trustees FROM: Gary Klaphake 0, ~U- Town Administrator RE: MARYS LAKE LODGE EMPLOYEE HOUSING PROJECT On July 13, 1993, the Town approved a $52,000 contribution to the Marys Lake Employee Housing Project. One condition was that for the first five years, the rent may increase by the Denver-Boulder consumer price index. I recently attended a meeting of the owners and First National Bank. The purpose of the meeting was to review the profit/loss status of the project. We agreed that the following changes were needed to continue the project due to the negative cash position: 1. Restructure the debt (First National Bank). 2. Raise rents to cover costs. The base rent now is $200 per employee per month and will go to $240 per month. Other categories of rooms will change accordingly. 3. Owner will communicate changes with employers now working the project. (Completed) Recommendation: Town waive the last three years of rent control and agree to rent structure to match restructured debt at First National Bank. P. 0. Box 1200 Trlephone (303) 586-5331