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Home My WebLink AboutPACKET Town Board 1996-12-10Prepared 12/05/96 *Revised 12/10/96 p.m. The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, December 10, 1996 7:30 P.M. AGENDA PUBLIC COMMENT. 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 November 24, 1996. 2. Bills. 3. Committee Minutes: A. Public Works, November 27, 1996. 4. Liquor License: *A. Special Events Permit for the Art Center of Estes Park, 517 Big Thompson Ave.; total of seven permits for 1997. ACTION ITEMS: 1. Personnel Policy Manual - Approval of Changes. 2. Public Works Committee, November 27, 1996: A. Highway 7 Widening Project - Utility Lines: - 1. Water Main Project - Award bid and request approval to proceed with construction. 2. Light and Power - Approval to negotiate contract and proceed with construction (Director Matzke). B. Glacier Creek Water Treatment Plant Intake Rehabilitation, Phase I - Award Contract to Benson Construction. C. Rehabilitation of Ivy Street and Rockwell Street Bridges - Approval of CDOT/RMC Scope of Services. D. Ordinance #22-96 - Vacation of right-of-way on Sunrise Lane. E. Ordinance #23-96 - Tree City USA. 3. Planning Commission, November 19, 1996: 1 A. Public Hearing: Special Review 096-7, Black Canyon' Carriages, Cathy Hughes & Holly Erwin/Applicants. B. Public Hearing: Amended Plat of a Replat of Lot 6A, Amended Plat of Lots 6-8, Second Amended Plat, Pine River Subdivision, Prospect Realty-Dave Ulfers/Applicant. C. Public Hearing: Amended Plat of Tracts 65 and 66, Fall River Addition, Nicholas Kane, Penny Kane and James Cook/Applicants. 4. Ground Lease Agreement for Lot 3, Elm Road Second Addition between the Town of Estes Park and Estes Park Investments, Inc., dba A-1 Trash Service. 5. Re-appointments: A. Connie Boschen, Mark Brown, Terry Licence, Jerry Souers, Scott Webermeier - Advertising Policy Committee. All terms are for two years, expiring 1/1/99. *B. Rich Widmer. - Building Authority. Three year term, expiring 1/1/2000. C. Jack Melton - Museum Advisory Board. Four year term, expiring 1/1/2001. D. Becky Glowacki, Kathleen Hannigan, and Kathleen Miller - Estes Valley Public Library District. All terms are for four years, expiring 12/31/2000. 6. TABOR Lease Agreement Renewals for 1997 Budget Year: A. Estes Park Bank for the Youth Center and Elgin Street Sweeper. B. KeyCorp Leasing Ltd. for 1995 Ford Taurus and Tents. 7. Ordinance #24-96 - Adding "Brew Pub" Liquor License Class. 8. Town Administrator's Report: A. 9. Adjourn. NOTE: This is the only meeting the Board of Trustees will be conducting in December, 1996. 2 Town of Estes Park. Latimer County. Colorado. . November.26 . 0, 19. 96. Minutes of a Regular ...Â· meeting of the Board of Trueteei of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . 76~4 . day of .... .NOYemke*, A.D., 19. 96. at regular meeting hour. Robert L. Dekker Meeting called to order by Mayor ......................... Pregent: Mayor Robert L. Dekker Truetees: Susan L. Doylen, Mayor ProTem Jeff Barker, John Baudek, George J. Hix, William J. Marshall, Also Present: Gary F. Klaphake, J. Donald Pauley Town Administrator Vickie O'Connor, Town Clerk Absent: Gregory A. White, Town Attorney Absent: Mayor Dekker called the meeting to order at 7:35 p.m. PUBLIC COMMENT. On behalf of the youth of the Estes Valley, Ryan Shippy and David Burton presented a banner in recognition and appreciation of the Town's support of youth through the creation of the Estes Valley Youth Center. CONSENT CALENDAR: 1. Town Board minutes dated November 12, 1996. '1- 1 2. Bills. 3. Committee Minutes: A. Light and Power, November 14, 1996. B. Public Safety, November 21, 1996. C. Town Board Study Session, November 25, 1996. D. Board of Adjustment, November 12, 1996 (acknowledgement only). E. Planning Commission, November 19, 1996 (acknowledgement only). 4. Ordinance #21-96 Rezoning Lots 1-4, 7-50, 7B-16B, Buenna Vista Terrace Subdivision, Lots 1 and 2, Schuster Subdivision, and Lots 1 and 2, Hess Subdivision to E-Estate (public hearing conducted November 12, 1996). It was moved and seconded (Hix/Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Liaht and Power Service Building Telephone System - Approval of Budaet Expenditure. Light and Power Director Matzke reported that the 1996 Budget includes $5,000 to replace the existing telephone system. Execut-ne submitted a proposal for $4,610.49 for a telephone switchboard and ten telephones that will serve the entire shop area well into the future. The new system will interface with the existing Executone system in the Municipal Building. It was moved and seconded (Hix/Baudek) the Executone Proposal for $4,610.49 be approved, 5 1. Board of Trustees - November 26, 1996 - Page 2 1 and it passed unanimously. 2. 1997 Christmas Parade Permit - Approval. Special Event Director Hinze presented the Christmas Parade Permit: the ~ Parade will begin at 5:30 p.m., and the standard route is being proposed/Spruce Dr. east onto Elkhorn Ave. to the chamber Parking Lot. Approximately 40 entries are participating this year. It was moved and seconded (Doylen/Hix) the 1997 Christmas Parade Permit be approved, and it passed unanimously. Staff noted that the Town Board and Town employees continually assist in the production, and this help is noticed and appreciated. 3. Resolution #18-96 - Supglementina the 1996 General Fund Budget. Finance Officer Vavra presented said Resolution amending the following funds:. increase Museum Fund from $153,374 to $174,821; Light and Power Fund transfer and loan (interest earning account) approximately $240,000 to the Open Space Fund; increase the Open Space Fund from zero to $390,000; increase the Light and Power Fund from $6,988,167 to $7,000,241; and increase the Water Fund from $3,129,995 to $3,459,929. It was moved and seconded (Doylen/Hix) Resolution #18-96 be approved, and it passed unanimously. 4. 1997 Budget. Finance Officer Vavra presented the following 1997 Budget Documents: A. Highway Users Trust Fund. Mayor Dekker opened the public hearing. A memorandum explaining how the Highway Users Trust Fund revenues are proposed to be expended for highway-related projects was reviewed. There being no public comment, Mayor Dekker declared the public hearing closed. It was moved and seconded (Doylen/Hix) the , Proposal for the expenditure of the Highway Users Trust Fund be approved, and it passed unanimously. B. Resolution #19-96 - Setting Mill Levies. The mill levy for 1997 is 2.795 mills (equates to $175,000/yr.) identical to the levy assessed in 1996. It was moved and seconded (Hix/Pauley) Resolution #19-96 be approved, and it passed unanimously. C. Resolution #20-96 - Adopting the 1997 Budget. Mayor Dekker opened the public hearing. On November 4 and 8, the Town Board held study sessions to publicly review the 1997 Budget and receive public comments. Consensus was reached to propose two changes: $3,600 for a CACEP operating grant and $1,000 for Programs at the Youth Center. The total 1997 Budget expenditures are $22,245,959, with the total estimated revenue resources i of $28,511,729. There being no public comment, Mayor Dekker closed the public hearing. Trustee Doylin moved the Budget be amended by deleting the 03,600 appropriation for CACEP operations, returning said $3,600 to the Contingency Fund of the General Fund. Trustee Hix seconded the motion. Those voting in favor: Trustees Barker, Doylen and Hix. Those voting in opposition: Trustees Baudek, Marshall and Pauley, resulting in a "tie vote." Mayor Dekker stated that the Town had met with the CACEP President and advised that the majority of funding would be allocated to the renovation of Stanley I Hall. In that discussion, the President agreed the I renovation was logical and CACEP could manage without a subsidy from the Town. However, Trustee Barker did 1 recommend the Town fund the Regifting Program for $8,500. During the Town Board Budget Study Session November 8, a recommendation for an additional $3,600 for operations I was submitted. Also. the Town did offer CACEP rent-free office space in the Municipal Building. Mayor Dekker / 1 Board of Trustees - November 26, 1996 - Page 4 System, water leakage, corrosion inhibitor, water line listening studies, and fire protection. Responding to questions, Director Linnane stated that at an expenditure of $400,000/yr. the Town could replace 90 miles of water lines in 25 years v. 75 years at the current rate of $150,000/yr. and this will improve the reliability of water service. The Accountable Water Report does reflect line flushing, fires, and known leaks, and all bleeders are now metered. Total capacity of the existing water plants is now at 55%. Administrator Klaphake responded to the newspaper quote that "rate payers are not seeing those fruits of their payments" by saying that the rate payers are seeing "their fruits~ by having a reliable water supply that is as important as accountable water and the water users are seeing substantial results now. Following completion of all agenda items, Mayor Dekker adjourned I the meeting at 8:45 p.m. .................. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk NOTE: The Board of Trustees will meet for one meeting in December, December 10, 1996. r Board of Trustees - November 26, 1996 - Page 3 then cast his vote in favor of the budget amendment deleting 03,600 from the appropriation to CACEP. It was moved and seconded (Doylen/Hix) Resolution #20-96, am amended above, be approved, and it passed unanimously. D. Resolution #21-95 - Appropriating Sumâ€¢ of Monly. It was moved and leconded (Doylen/Hix) Re,olution #21-96, as amended, be approved, and it passed unanimously. Administrator Klaphake reported that staff is completing the TABOR and Cash Flow calculations for adoption of the 1997 Budget; however, the exact base for 1997 will be refined when ,1 the books are closed the end of December. Staff anticipates that the budget will be slightly reduced (logical items will conformance. A formal 1997 Budget Amendment will be processed be rolled back on a percentage basis) to remain in prior to adoption of the 1998 Budget. 5. 1997 Pav Plan - Approval. It was moved and seconded (Baudek/Marshall) the 1997 Pay Plan increase be merit-based, with all employees eligible for up to a 5% increase, thi threâ€¢ salary Adjustments, and the Health Insurance Promium Payment Policy be approved, and it passed unanimously. Trustee Marshall commended Ass't. Administrator Widmer for the new Employee Development Plan/Performance Review System. 6. Stanley Hall Advisory Committee - Appointments. Mayor Dekker announced the following for appointment to said Committee: Tim Phillips, Greg Steiner, Sally Anderson, Jo Hazlett, and Bennett Penn. Staff personnel include Trustee Baudek, Gary Klaphake, Betty Kilsdonk, and Art Anderson. The Committee will meet once/month following grant application approval. The Project will be directed by this Committee, with contract recommendation/approval by the Community Development Committee ! and Town Board. 7. Town Administrator's Report. A. Certificate of Achievement for Excellence - Finance Department. Mayor Dekker presented the Certificate of Achievement to Finance Officer vavra and Steve Jackson/CPA for Excellence in Financial Reporting. 1996 marks the Town' s tenth consecutive year in receiving this prestigious award. B. Water Department Unaccountable Water Report. In response to the Trail Gazette Editorial published November 22nd, staff commented: the Accountable Water Report reflects that the actual unaccountable water figure is 28%, not 72% as reported. Water Superintendent Goehring clarified master metering on the Penstock, and Public Works Director Linnane reported on the calculation methodology utilized for obtaining unaccountable water statistics. Unknown leaks are the primary culprit adding to the unaccountable water figure. The Town maintains 90 miles of steel pipe which is 20-50 years old, whose life expectancy is 25 years. This steel pipe has outlasted its useful life and must be replaced as it leaks drastically. A Replacement Program was initiated in 1988 and this Program improves water quality (staff confirmed a significant reduction in dis-colored water complaints), reliability (again, staff confirmed a significant t reduction in water leaks), and accountable water. Without an aggressive replacement program, the Town cannot provide an adequate water supply. Other cities struggle with an identical problem. Administrator Klaphake commented on the Replacement Program, displayed a sample section of steel pipe being used in the Water IRADFOROPUBLISMING.0 RECORD OF PROCEEDINGS Public Works Committee November 27, 1996 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Water superintendent Goehring, Facilities Manager Sievers, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. HIGHWAY 7 WATER MAIN PROJECT - REOUEST APPROVAL TO BID. Director Linnane requested authorization to bid the Highway 7 Water Main Project. The Department has budgeted funds in the 1997 Budget for this cost-share project. A formal agreement with CDOT is eminent; staff will ensure the agreement is in-hand prior to awarding the bid; and moving forward at this time will expedite the Project. The Committee recommends staff be authorized to bid the : Highway 7 Water Main Project, as presented. LAKE ESTES CAUSEWAY TRAIL - REOUEST APPROVAL TO ENTER INTO A REIMBURSEMENT AGREEMENT WITH CDOT. Staff briefed the Committee on this item requesting approval to enter into a Reimbursement Agreement with CDOT for the Causeway Trail. Director Linnane also clarified the total reimbursement grant of the Project - $204,000. Staff noted that the Town should reap a savings of approximately $50,000 due to the recent stockpiling effort. The Committee commended Director Linnane for his work on this Project. Construction should begin March 11, ending this Spring/early Summer, and traffic will not be impeded. The Committee recommends entering into a Reimbursement Agreement ~ with CDOT. GLACIER CREEK WATER TREATMENT vT --NT INTAKE REHAB.. PHASE I - REOUEST APPROVAL TO AWARD CONTRACT. The Town previously authorized negotiation by RMC with Benson Construction for said Project, and RMC and staff are recommending it be awarded to Benson Construction for a total bid cost of $92,640. During design, staff determined to "phase" the Project, and Phase I includes all reconstruction below ground. The entire Project will aid in filtering cloudy water during the Spring runoff. The Committee recommends accepting the bid in the amount of $92,640 as presented for Phase I. REHABILITATION OF IVY STREET AND ROCKWELL STREET BRIDGES. DESIGN AND CONSTRUCTION MANAGEMENT - REOUEST APPROVAL OF CDOT/RMC SCOPE OF SERVICES. Facilities Manager Sievers briefed the Committee on this 1997 Bridge Rehab Project: the 1997 budget contains $200,000 for design, construction and general rehabilitation of the Ivy Street and Rockwell Street bridges. CDOT will reimburse 80% of the Proj ect, and staff is merely beginning the contrac' tal agreements and preliminary paperwork this year, with no expensing or design to begin until after the first of 1997. The total cost for design and construction management is $39,480, funded as follows: CDOT $27,584, and Town $11,896. In addition, Manager Sievers obtained $160,000 in grant money for this project, and this project is the I.A.FORD ....1/.ING CO. RECORD OF PROCEEDINGS Public Works Committee - November 27, 1996 - Page 2 only small project receiving federal funds in this region for this type of construction. Administrator Klaphake al ributed receipt of the grant funding to staff, former Mayor Berni Dannels, and CML. Director Linnane applauded Manager Sievers for his work on this Project. The Committee recommends approval of the CDOT/RMC Scope of Services as presented. REPORTS. The Committee reviewed the Customer Service Response Report for October. Highway 7 Project - Scheduling of Work Hours. Pursuant to discussion with CDOT, beginning and ending construction work hours near accommodations areas are 8:00 a.m. - 6:00 p.m. Staff has discussed work hours with the owner of Miles Cottages and he is in agreement. CDOT and the Town will attempt to minimize the impact . to affected areas/businesses. Construction will most likely endure all Spring and Summer. The Committee expressed their appreciation to Director Linnane for managing this area of concern. CDOT has not defined the other schedule for remaining businesses; however, it will be restrictive. Additionally, CDOT's contractor will place a trailer near the construction area, and have an emergency response recorder. Weekly meetings will be held the same day every week, and fax numbers for all businesses will be obtained--they will receive a construction schedule every Monday. Response to all issues, complaints, and emergencies will be made by a CDOT agent or the Town. Public Works Committee Chairman Doylen, Director Linnane, Chief Repola and Jeff Coleman/CDOT met to discuss school crossings. CDOT has been responsive to the Town's needs by considering a crosswalk at the new signal at Manford, a crosswalk and flashing signal at Graves, and designating a school zone from Dunraven/Community Dr. south to approximately Morgan St. A crosswalk at Lexington Ln.1 to route pedestrians to the Community Dr. bike path and near Pine Knoll apartments are other options being reviewed. With a designated school zone, a reduced speed limit can legally be enforced. Staff will return with additional information as received. Kay Prosser Sanford stated that she is developing property adjacent to Highway 7, and she questioned when the upgraded sewer connections would be accomplished. Ms. Sanford was advised to discuss this issue with UTSD. Regarding the removal of trees necessitated by construction, Ms. Sanford was advised to meet with Manager Sievers to review the plans. First Street Storm Sewer Project. The contractor has confirmed that he will secure the construction site (for the Christmas Parade) by Wednesday afternoon (Nov. 27). All accesses will be opened. Staff anticipates construction to be completed by next week, two weeks ahead of schedule. Adjacent property owner, Mr. Barnes, is being advised on a regular basis. Manford Ave. Sidewalk Project. Administrator Klaphake reported on a meeting with the Mayor, School Board Members Mike Smith, Cheryl Taylor and Supt. Kastendieck to discuss the merits of a new sidewalk on Manford Avenue from Hwy. 7 to the elementary school. Pursuant to those discussion, staff offered a new proposal: 1. The Town will postpone the Manford Ave. sidewalk project and discuss the project again during the 1998 budget cycle. This will allow both parties to assess the impact of projects and the new traffic patterns in the vicinity. BRADFOROPUILISHINGCO RECORD OF PROCEEDINGS Public Works Committee - November 27, 1996 - Page 3 2. The Town will sweep and restripe the pedestrian shoulder along Manford for the 1997-98 school year. 3. The Town and the School will cooperate in a study to realign Community Dr. to a four-way stop intersection. Both parties acknowledge that this might require a shift toward the elementary school. 4. With the new school "swing building" coming on-line, postponement of the sidewalk project will allow both parties to evaluate new traffic patterns. 5. The Town will request that the sidewalk east of the new housing development (Lone Tree) be postponed and funds reserved for a sidewalk on Manford Ave. and/or Graves Ave. It appears to be in the Town's and School District's best interest to slow the pace of this Project to ensure a quality undertaking for all involved. Following discussion, the Committee recommends the Town take a leadership role by authorizing Director Linnane to proceed with preliminary design, thus hiring a professional traffic engineer without returning to the Committee as any expenditure would take place 4 during the 1998 Budget year. The Agreement, as amended, will 1 be remitted to the School District this date. 1 There being no further business, Chairman Doylen adjourned the ' meeting at 8:54 a.m. ~ 1Â»UL 01 64711 64. ' Vickie O'Connor, CMC/ME, Town Clerk DR 8439 (1#91) Colorado Department of Revenue APPLICATION FOR A Li4uor Enforcement Division 1375 Sherman Street Denver, CO 80261 SPECIAL EVENTS PERMIT (303) 866-3741 Â· APPLICATION MUST FIRST BE SUBMITTED TO THE LOCAL LICENSING AUTHORITY (CITY OR COUNTY) AT LEAST THIRTY (30) DAYS PRIOR TO THE EVENT. LIQUOR PERMIT ACCT. NO. Â· PREMISES MUST BE POSTED AT LEAST TEN (10) DAYS BEFORE A HEARING CAN BE HELD. Â· APPROVED APPLICATION MUST BE RECEIVED BY THE LIQUOR EN- DO NOT WRITE IN THIS SPACE FORCEMENT DIVISION AT LEAST TEN (10) DAYS PRIOR TO THE EVENT. â€¢ Print or typewrite in BLACK INK. LIABILITY INFORMATION Â· Attach diagram (8 1/2- x 11- maximum) showing where liquor will be served and COUNTY CITY INDUSTRY TYPE LIABILITY DATE consumed. Â· Attach copy of Certificate of Good Corporate Standing (non-profit) (issued by Secretary of State within last two years). STATE FEE PAID Â· If Political Candidate, attach copies of reports and statements that were filed FERMENTED MALT BEVERAGE MALT, VINOUS & SPIRITUOUS with the Secretary of State. (3.2 BEER ONLY) 45 - 09 LIQUOR 41 - 09 Â· Attach copy of deed, lease, or written permission of owner for use of the premises. Â· Applicant must have Colorado Sales Tax Account (not Tax Exempt Number). (9) $ (9) $ Applicant organization cannot obtain more than 10 Special Event Permits in one calendar year. IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NON-PROFIT AND ONE OF THE FOLLOWING: (See back for details.) CHECK ONE. - ~ SOCIAL 2 CHARTERED BRANCH, LODGE or CHAPTER OF A NATIONAL ORGANIZATION OR SOCIETY E FRATERNAL E] RELIGIOUS INSTITUTION 2 PATRIOTIC O PHILANTHROPIC INSTITUTION ~1 POLITICAL 2 CHECK HERE IF APPLICANT IS A POLITICAL CANDIDATE U ATHLETIC C] CHECK HERE IF APPLICANT IS A MUNICIPALITY OWNING ARTS FACILITIES TYPE OF SPECIAL EVENT APPUCANT IS APPLYING FOR: Your Local Licensing Authority (city or E FERMENTED MALT BEVERAGE (3.2 Beer) (State Permit Fee- $10.00 perday) county) will indicate the amount of their 0 MALL VINOUS AND SPIRITUOUS LIQUOR (State Permit Fee - $25.00 per day) permit fee. - 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE: Sales Tax # A 0-7- cED TE,L op ESTES P Ae-A 98-08357 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE: 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT: Y p. Box 3 63 3 9 1-7 B le THs M f $ aN AdE CITY OR TOWN STATE ZIP CITY OR TOWN STATE ZIP 123125 7 A Ac Co 80â‚¬/7 42 3 TES- PA R,KI_ 43 8 05/7 NAME DATE OF BIRTH HOME ADDRESS (Street, City, State, Zip) PHONE NUMBER 4. PRES./SEC'Y OF ORG. or POLITICAL CANDIDATE: 1043 LEX/AIGTDA LANE TO At S daley 4~ 8,~3 + ESTES FAAC- CO 805-ll 984 - O 643 5. EVENT MANAGER: ' A 0-T caj~nal 0 p es TES PAr_K 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? ~] NO ~ YES HOW MANY DAYS? ~*] NO ~ YES TO WHOM? LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT Date: 9/19191 Date. fy/4 /97 Date: Date: Date: Hours: From: 5 7 .m. Hours: From: 3 F .m. Hours: From: .m. Hours: From: m. Hours: From: To: 8 f Â·m. To: 9 P 'm. To: .m. To: .m. To: OATH OF APPLICANT I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. S\CJNKWW .1. 'TY),7 -><5~ TITLE: DATE: y iL-25 \ 13â‚¬19 n Bo A12-43 Il~ le bc REFORT AND APPROVAL OF LOCAL LICENSING AUTHORITY The foregoing application has bden examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY (CITY OR COUNTY) SIGNATURE: TITLE: DATE: (Over) EE DR 8439 (12/91) Colorado Department of Revenue , Liquor Enforcement Division APPLICATION FOR A 1375 Sherman Street Denver, CO 80261 SPECIAL EVENTS PERMIT (303) 866-3741 Â· APPLICATION MUST FIRST BE SUBMITTED TO THE LOCAL LICENSING AUTHORITY (CITY OR COUNTY) AT LEAST THIRTY (30) DAYS PRIOR TO THE EVENT. LIQUOR PERMIT ACCT. NO. Â· PREMISES MUST BE POSTED AT LEAST TEN (10) DAYS BEFORE A HEARING CAN BE HELD. Â· APPROVED APPLICATION MUST BE RECEIVED BY THE LIQUOR EN- DO NOT WRITE IN THIS SPACE FORCEMENT DIVISION AT LEAST TEN (10) DAYS PRIOR TO THE EVENT. Print or typewrite in BLACK INK. LIABILITY INFORMATION Â· Attach diagram (81/2" x 11" maximum) showing where liquor will be served and COUNTY ciTY INDUSTRY TYPE LIABILITY DATE consumed. Attach copy of Certificate of Good Corporate Standing (non-profit) (issued by Secretary of State within last two years). STATE FEE PAID If Political Candidate, attach copies of reports and statements that were filed FERMENTED MALT BEVERAGE MALT, VINOUS & SPIRITUOUS with the Secretary of State. (3.2 BEER ONLY) 45 - 09 LIQUOR 41 - 09 Attach copy of deed, lease, or written permission of owner for use of the premises. Â· Applicant must have Colorado Sales Tax Account (not Tax Exempt Number). (9) $ (9) $ Â· Applicant organization cannot obtain more than 10 Special Event Permits in one calendar year. IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NON-PROFIT AND ONE OF THE FOLLOWING: (See back for details.) CHECK ONE. [Z SOCIAL U CHARTERED BRANCH, LODGE or CHAPTER OF A NATIONAL ORGANIZATION OR SOCIETY E FRATERNAL U RELIGIOUS INSTITUTION U PATRIOTIC U PHILANTHROPIC INSTITUTION ~ POLITICAL 2 CHECK HERE IF APPLICANT IS A POLITICAL CANDIDATE U ATHLETIC U CHECK HERE IF APPLICANT IS A MUNICIPALITY OWNING ARTS FACILITIES TYPE OF SPECIAL EVENT APPUCANT IS APPLYING FOR: Your Local Licensing Authority (city or CJ FERMENTED MALT BEVERAGE (3.2 Beer) (State Permit Fee- $10.00 per day) county) will indicate the amount of their Â® MALL VINOUS AND SPIRITUOUS LIQUOR (State Permit Fee - $25.00 per day) permit fee. 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE: Sales Tax # ANT CENTEK 69 ESTES PA Rk<Â·. 98-0835-7 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE: 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT: R oÂ· Box 3639 5-1-7 Bica -T)+0MF9c>K) AVE CITY OR TOWN STATE ZIP CITY OR TOWN STATE ZIP ESTS PAR_K 6 805-/7 ESTES PAR-IC 00 805-1-1 NAME DATE OF BIRTH HOME ADDRESS (Street, City, State, Zip) PHONE NUMBER 4. PRES./SEC'Y OF ORG. or POLITICAL CANDIDATE: l 043 LeXIA/-67-DN LANE -7-1 M Se-ELâ‚¬ r 4~34 ESTES pAÂ«-\C Co 609\1 5-84-066 3 5. EVENT MANAGER: Aerce;782- 02 631Ey FAK-K 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? [# NO ~ YES HOW MANY DAYS? 523 NO El YES TO WHOM? LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT Date. ///7/97 Date: 8/3 ) 97 Date: 5/2/97 Date: 6/29/97 Date: 60 l97 Hours: From: 5 P .m. Hours: From: 5- P .m. Hours: From: S P .m. Hours: From: 5- F .m. Hours: From: S To: 7 P .m. TO: 7 F .m. To: 63 f m. To: 9 F .m. To: 7 F .m. OATH OF APPLICANT I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is tfue, correct, and complete to the best of my knowledge. SIGNAJUDE: TITLE: DATE: ) cM 34-9014 Ptes,DeYE, 90 MLY> 1 2//3/9 4 I , REPgfRT AND APPROVAL OF LOCAL LICENSING AUTHORITY The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S., as amended. THEREFORE, THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY (CITY OR COUNTY) SIGNATURE: TITLE: DATE: (Over) a*ADFO-~Pual.#*KO. RECORD OF PROCEEDINGS Town Board Budget Study Session November 25, 1996 Board: Mayor Robert L. Dekker, Trustees Barker, Baudek, Doylen, Hix, Marshall, and Pauley Attending: All Also Attending: Town Administrator Klaphake, Ass't. Administrator Widmer, Clerk O'Connor Absent: None PERSONNEL POLICY MANUAL - REVIEW CHANGES. To ensure compliance with constantly changing state and federal regulations and local conditions, staff (including Attorney White) recently conducted a review of the Manual. Staff is recommending the following changes: 1. Section M.3. Alcohol and Drugs. Added "Town employees whose work requires CDL licenses are subject to the Town' s Drug and Alcohol Testing Policy." 2. Section N. 6 Disciplinary Action (Department Heads). Current language: "... A Department Head shall have the right to appeal the Town Administrator's decision to an independent Hearing Officer ; pursuant to the procedure set forth in paragraph 0." to ... appeal to an independent hearing officer appointed by the Town Board. 3. Section 0. Appeals Process (for employees other than Department Heads). Changes the appeal of the Town Administrator's decision from the appropriate committee of the Town Board to an independent r Hearing Officer appointed by the Town Board. Note: The Hearing Officer would be paid for by the Town. 4. Section T. Holidays. Remove Flonting Holiday, and replace it with Martin Luther King's birthday ithird Monday in January). Trustee Pauley questioned whether employees would have less flexibility with this change. Staff confirmed that the Annual Leave List is usual and customary, and the list remains intact with the observance of ten holidays. 5. Section U. Insurance. Change family premium paid by the Town from 70% or 75% depending on years of service to 75% for all employees. 6. Section U. Insurance. Add section on 29-month option to continue medical and dental coverage for disabled employees. 7. Section Z. Vehicle Allowance. Add Light and Power Director. 8. Miscellaneous. Change all "Department Supervisor" reference to be changed to "Department Head." Ass't. Administrator Widmer reported that a total of 26 employees have CDL Licenses, and they are drug tested in Boulder; thus far the Town his received a 100% compliance rate. The Committee recommends approval of the Personnel policy Manual changes as identified above. DEC 09 '96 12:29PM CDOT PRECONSTUCTION GREELEY P.2/2 STATE OF COLORADO DEPARTMENT OF TRANSPORTAION B"JQI-1 14202nd Street ./Ii........0.......... Greeley, Colorado 80631 "Ill................. (970)353-1232 gr December 9. 1996 Town of Estes Park CY-CX 06-0007-04 Attn: Mr. Bill Linnane SH 36 to Carriage Drive 170 Mac Gregor Avenue S.A. #92413 P.O. Box 1200 Estes Park, CO 80517 Dear Mr. Linnane, This letter is being written in response to your letter dated December 4, 1996, concerning the cost sharing of the Town of Estes Park's water and electric relocation and adjustment costs for the Colorado Department of Transportation (CDOT) Proj ect CY-Cx 06-0007 - 04 on State Highway 7. CDOT is committed to paying the $356,218 for the water line and $71,000 for the electric lines on this project you mention in your December 4th letter. The Standard Utility Agreements for the water and electric work are in the process of being prepared and will be delivered to the Town of Estes Park later this week for signature. The agreements provide for reimbursing Estes Park for utility work they are performing in conjunction with CDOT's SH 7 project. Thank you for your continued cooperation on this project. If you have any questions concerning this project, please contact me at (970)350-2164 in Greeley. Very truly yous, iu..91 11-0( Michael S. Frederick Region 4 Utilities CC: Dave Forsyth - Staff Design Dave Davis - Preconstruction Engineer John McEahern - Resident Engineer File 1 ROCKYMOUNTAIN CONSULTANTS, INC. 437 South St. Vrain December 10, 1996 Estes Park, CO 80517 (970) 586-2458 Metro (303) 825-8233 Fax (970) 586-2459 Bill Linnane Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Bid Tabulations for Colorado State Highway 7 Water Utility Interconnection. Dear Bill: Please find enclosed the bid tabulations for the Colorado State Highway 7 Water Utility Interconnection for the Town of Estes Park. A total of six bids were received for the project. Unit price extensions for all bids have been verified. The verification process has increased the bid of the low bidder by $1407.80. Even with this increase the second bidder was approximately $132,000 more than the second bidder. The results of the bid opening were as follows: COMPANY BID 1. Weinland Construction, Inc. $ 760,665.50 2. Connell Resources, Inc. $ 892,702.60 3. Tarco, Inc. $ 914,559.00 4. BT Construction, Inc. $ 991,367.00 5. Duckels Construction, Inc. $ 994,633.00 6. Twin Peaks Excavating, Inc. $1,615,802.00 7. Engineers Estimate $ 911,033.00 We recommend awarding a construction contract to Weinland Construction, Inc. for the Colorado State Highway 7 Water Utility Interconnection in the amount of $760,665.50 Based on preliminary discussion with the Colorado Department of Transportation (CDOT), the cost sharing percentages for the project will be 60.9% for the Town and 39.1% for CDOT. Therefore the Town's portion of the project would be $463,245.30 and CDOT's portion $297,420.20. If you have any questions, please do not hesitate to contact us. Sincerely, , ROCKY 1.-1(#ITAIN CONSULTANTS, INC. LUL 'Kerty M. Prochaska, P.E. Associate Principal KMP/mas CIVILANDENVIRONMENTALENGINEERINGâ€¢PLANNING Ali 8-OFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee November 27, 1996 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Water Superintendent Goehring, Facilities Manager Sievers, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. 9 Director Linnane requested authorization to bid the Highway 7 Water HIGHWAY 7 WATER MAIN PROJECT - REOUEST APPROVAL TO BID. Main Project. The Department has budgeted funds in the 1997 Budget for this cost-share project. A formal agreement with CDOT is eminent; staff will ensure the agreement is in-hand prior to awarding the bid; and moving forward at this time will expedite the Project. The Committee recommends staff be authorized to bid the Highway 7 Water Main Project, as presented. 3 .A.1. -TOWN of ESTES PARK Inter Office Memorandum December 4, 1996 TO: Town Board FROM: Bill Linnane jO/FL Public Works Department SUBJECT: Highway 7 Water Main Project In November, CDOT approved the Hwy 7 Utility Study by Rocky Mountain Consultants. The Study estimated the cost of water line replacement at $911,000 of which CDOT would finance $581,000 and the Town would finance the remaining $330,000. According to Mr. Dave Forsyth, CDOT Project Manager, the total Hwy 7 roadway project cost estimate is currently estimated at $800,000 over budget. Mr. Forsyth has requested that the Town absorb an additional $225,000. Mr. Forsyth is currently attempting to secure the remaining over budget amount. Mr. Forsyth has verbally agreed to the cost sharing figures of $555,000 from the Town's Water Department and $356,000 from CDOT. A formal written agreement will be presented to you when we receive it. Staff is requesting the following: 1) Approval to increase the Water Department portion by $225,000 resulting in a $555,000 Water Department and a $356,000 CDOT cost sharing. 2) Approval of awarding the construction bid based on the verbal reimbursement agreement to be followed by a written agreement. 3) Approval of awarding a bid if bid is within the approved 1997 budget. BL/lp TOWN OF ESTES PARK ~~ A '> office Memorandum To: Town Board Trustees From: Richard E. Matzke7(ZIPh- I)ate: December 4, 1996 Re: Light and Power Department Construction Associated with Highway 7 Widening Project The Utility Study for Highway 7 performed by Rocky Mountain Consultants (RMC) identified relocation projects for Light and Power Department facilities within the scope of the Highway 7 widening project estimated to cost $107,600. The Colorado Department of Transportation A (CDOT) has tentatively agreed to reimburse the Light and Power Department $71,000 toward the li cost of relocating conflicting facilities. The Light and Power Department has requested funding in the 1997 budget for placing the street light feeds on Highway 7 underground and for overhead and underground relocation of power lines along the Highway 7 corridor. The RMC Utility Study estimates the total cost ofLight and Power projects along Highway 7 (relocations and undergrounding) to be $220,000. There is adequate funding in the 1997 budget to complete these projects provided that $71,000 ofthe cost of relocations is reimbursed by CDOT. The attached map shows the approximate routing of underground three phase power lines beginning to the north of Scott Avenue and continuing to south of Carriage Drive. Installation of conduits for undergrounding ofthese power lines needs to proceed as soon as possible to allow removal of conflicting power poles prior to beginning ofhighway construction in April of 1997. The Light and Power Department is requesting authorization to negotiate a contract within the budget for this project to install the necessary trench and conduits to accomplish this work. REM 1 24 . g . 1 rmrz- IN 1 3- . CLU. 4 - MOUSE .S . 14 , 1-3/-3 El ---- ---- . /4 ' . 321 1 PINE i il . Il * I ' 1 6U:-11: 1 dd 1FAIR'.* mio \ - " 2.2,".... '1,70 1040, 1 11: k 30 1 --4:20â€¢U.. 10 , 09 TMOU,;AND â€¢1â€¢IE~ ~ RAL 'HEIGHTS- Pt:E NUOLL LN. 3 4 2 1. 1 14 23 SUB | HARTLiD Sr I m 10 # 4 FIRST 20 A~D. 11 0 -4 27 0 1. 12 13 1--1 1 dul â€¢E W 1 1 20 21\ 21 22 4 3 A~. ~ 4 WOCOLAND I 10/. 4--- :~ fBi. 567 , 3 W LA ACIIS 21A 23 ADD. 24.23 a 1 , 1,4 0 '2 ,# '0 9 ~ , i; --1-7- .- d- u -T -- "1'.1.1 a 2 3 *kl-1 PROSPECT - -141-1 - / , 1 /0 ~CREEKS#OE SUB 1-1- " 10 , 0,3/1,1 . 1 -4~4â€ž s \LANCASTER ~ OUTLOT WATER , 11 / 1 ,7 r 0111â€ž C 0 #S ' ---1 \ TANK 7 0 12 1, DEVON 41 W:!21<>,7 ~CO~UN ~*7-~ ~ i;U el I a st vâ€¢A,â€¢ f(# 4:- / " 3.15 MOUNTAIN i K AL S . " <37*rmr 'I, 1 1/51.17\.\, , m 1 Aoa 2 â€¢ 0 = 10 1 4 'J . ILL S /S '11 / ~ L.--Â£- co UNTâ€¢ r-~- CL US -DR.1--1 be ; <= 1â€ž22* - , ..2\ HEIG S SourN SA L"'/ , ESTATES UTLOT ' 1 5 2 16 VIA,N ADDÂ¥ 5 41312 17 1 1. 4 0 ADDITION 42\ 3 19 : - 20 : 21 --1 â€¢un.-d.-7 /0 EAK--Â¥,2 W 01. 1 - - -WILLOâ€¢ 'o .'-:Siok.222*%1 1 '1 /,ITNÂ·|2 ,IP|. , ioIN, ' 0 4 10/ -I /4 N O.N.ELS / L '/41/*/_._ V A 13 Sil-1,112!11/ 1 3,~ 1~ A00. , , S 806 .- A-- -12-7-=---2-râ‚¬-1 \:r , 3 8 C â€¢OK IDE 0 1 ~,< Â·A~ , 1 . 1 2 ,â€¢ 4/ *'..,4 . * *U" 22 23 24 25 14 7 AI- 3 mt,Â·032:%5 f;-1:I'lS."-0/0 1.1 /' 5 6 201,1. .7 8 14.15 4 , -1 -EStATII /MACT ----r~~ 1 /T P EAK\ACJ 3 , i 2". 7 -49& to A :09 . 10*-~- -n-11 LEN==12Â«37-h-z /ty 0/LLIA 12 / 11 . /08 SUB. 98 R / MASONIC S ACACIA DRIVE ""LLELEd 11 1 1 t 22 1 sue. 7 i SOUTH SAINT U 4 ACACIA ACRES 3 / 1 1 M N, 12 " I. 10 / 940 1 ACAC A OR 7 VIAIN A y 7 6 , . CENT M + , 3 6 dil' MESAC PEA EFUL AMES 2 53 SUI. 2 ol:us ~ou~â€¢ s~l,NT ,~RAIN~AD~.A ,0 ' I. " 11 3, 34 . s 1 1.51.82 0 *00 2 F/RM 2 34.37 4 54 â€¢ U. PINES 4* b /8.19 13 38 4. 47 ~ WOOD-LM. 4, . 1 ,/2/- I. i 27 46'05 I KID/ELL T.0..Azzl;INE01*j 4 12. 20 8 32 . 31 SUBD. i AC â€¢18 ~ RE SU ' / 21 29 31.40 44 1 41 4 4 6 1 LC 4 ACO . 11 21 57 \ OUTLOT,( 30 , TRACT 2 10 1 , C/\â€ž 3 99 2. 78 S, 5,601Â§055/ 7 0 7 3 7 68 64 .//\/ 2, 1 43 4 6 71 ST .65---*,A i / g " 3, A 2, D 1. / 6 5 72 Ourier 0>/ 3 . f 74 T 3 , 1 - OUTLOT 2/ 12 40 /,1, 22 1- 1 - 2!!PLANCS " AT O .. W P C 23 'V 1 4 \ 0 - 41 92" Â£ .// 3 1 2. 25 21 0 2. 30 ' ; 38,0/0 ; 1.47 t--8 . / 1 27 12 2, 2 2 37 1 - fi 20.20 0 3 4.10 <,0 ~V'6Urlor~~ /, " ~r--0~~ FISH, / CREEK y.,0. . 3 3 4 A IO 'S ' La ' 2' . 7 ' 17. 30 4. 34 30 31 ' , " 5 5 33 12 1.--L <Il /4 9, 30, s, \ 10 1 ,4 32 6 ' 6 14.95 3.1 J 32 : - 10 - r\J 2 23 k V 5 . 3, 2 891. 13 0 34 24,7 730 4 r '4 37.36 1 2I 35 4 JI>/ , 2, LN 15 20 1 23 8 * 0 81 8 14 93 8 9 4 - 1, ' 3â€¢ 1 .6 :,7 r 1. C . 3/ 0 4 9 27 1. 40 OUTL ' ..4.83. 82 8, 41 A ' 1 5, 1. Â¢:-2, 10 -10 8 26- _ -* m' . i 25 4 --- 4 4 ,0 . 70 ",273. 4 0 1 ~ -0 OUTLOT 20 11 24 3 4 5 0 7 '1 0 77 1 S. 11 23 4 1 | 12 1 12 2 2 * 22 .4.. 45 1 2* D 4 | OUTLOT 24/ , ,/ - W . 1 1 .7. 13 IS 20 f ''345 . 1 0 4 -,0 0 , 3 1 7 1 00 -11 U CARRIAGE 4 HiL L S 4.14.09 4.23 22 2, 20 i I 5, Il Highway 7 Three Phase Underground ~ 35 24 19 . â€¢9 U 12 14. 15 " 58 t. . 3 (0 8 25 10 , REM ~ 26 . " 50 ~ 12/4/96 NTS /0 26 17 2 1 , 2 30 3 184 27.21.29.30 16.11 56 3 23 15 , U/03\ 33 21* \ If 4 9.44 : 15.14 1 15. 1,5 Fl F - - - --1,- f-r - - - - .../..1.1/ . 47 -> 181*In 0 9 3109 .IN/,E H.InÂ·) . 0 1 00 1 - 11â€ž:J: - Pr--,4 eMAC,OAOPUBLISHINGIl. RECORD OF PROCEEDINGS == Public Works Committee November 27, 1996 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Water Superintendent Goehring, Facilities Manager Sievers, Clerk O'Connor Absent: None GLACIER CREEK WATER TREATMENT PLANT INTAKE REHAB.. PHASE I - 4. A. REOUEST APPROVAL TO AWARD CONTRACT. The Town previously authorized negotiation by RMC with Benson Construction for said Project, and RMC and staff are recommending it be awarded to Benson Construction for a total bid cost of $92,640. During design, staff determined to "phase" the Project, and Phase I includes all reconstruction below ground. The entire Project will aid in Â· filtering cloudy water during the Spring runoff. The Committee recommends accepting the bid in the amount of $92,640 as presented for Phase I. REHABILITATION OF IVY STREET AND ROCKWELL STREET BRIDGES, DESIGN AND CONSTRUCTION MANAGEMENT - REOUEST APPROVAL OF CDOT/RMC SCOPE OF SERVICES. Facilities Manager Sievers briefed the Committee on this 1997 Bridge Rehab Project: the 1997 budget contains $200,000 for design, construction and general rehabilitation of the Ivy Street and Rockwell Street bridges. CDOT will reimburse 80% of the Project, and staff is merely beginning the contracÂ·Â·ual agreements and preliminary paperwork this year, with no expensing or design to begin until after the first of 1997. The total cost for design and construction management is $39,480, funded as follows: CDOT $27,584, and Town $11,896. In addition, Manager Sievers obtained $160,000 in grant money for this project, and this project is the only small project receiving federal funds in this region for this type of construction. Administrator Klaphake attributed receipt of the grant funding to staff, former Mayor Bernie Dannels, and CML. Director Linnane applauded Manager Sievers for his work on this Project. The Committee recommends approval of the CDOT/RMC Scope of Services as presented. ~RAOFOROPUeLISâ€¢ING COÂ· RECORD OF PROCEEDINGS Public Works Committee October 24, 1996 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Construction and Public Facilities Manager Sievers, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. SUNRISE LANE RIGHT-OF-WAY VACATION - REQUEST BY PARK ENTRANCE 2 1. ESTATES PROPERTY OWNERS ASSOCIATION Director Linnane reported that Park Entrance Estates Property Owners Association has requested that the public right-of-way along Lots 16, 21, and 26 be vacated to the owners of the lots: Carl Burgener, Lot 26; Ed Dragon, Lot 21; and David Kneght, Lot 16. Staff reported that this area is not conducive to a future roadway, and the vacation would transfer all liability to the owners. Ed Dragon verified that the vacated property would be considered a private drive on private property. The three affected property owners agree with this vacation. Attorney White reviewed the request and outlined the title split: * Lot 26: The northern portion of Sunrise Lane abutting Lot 26. * Lot 21: The portion of Sunrise Lane from the northeast corner of Lot 21 south to the north point of Lot 16, then the abutting 1/2 of Sunrise Lane from said point to its confluence with Meadow Circle. * Lot 16: 1/2 of the abutting portion of Sunrise Lane from the north point of Lot 16 to its confluence with Sunrise Lane. The agreement will include a utility and access easement, and the ' deed will be reviewed by all parties prior to signing. The Committee recommends an Ordinance be prepared for this vacation as presented. BRADFORD-'LISHINGCOÂ· RECORD OF PROCEEDINGS - Public Works Committee March 28, 1996 Committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Town Administrator Klaphake, Const. /Facilities Manager Sievers, Street Supt. Speedlin, Water Supt. Goehring, Clerk O'Connor Absent: Public Works Director Linnane Chairman Gillette called the meeting to order at 8:00 a.m. TREE CITY USA PROGRAM - REOUEST SUPPORT. 2.5. In a memorandum dated March 6, 1996, Dan Speedlin and Tim Rische reviewed the Tree City Program which is designed to recognize communities that effectively manage their public tree resources and encourage the implementation of community tree management. This proposal was precipitated by local residents and/or civic organizations. The Program contains four requirements: 1. Establish a Tree Board. Staff suggests appointing three people from the Parks Dept., three from EVIA, and one from the Public Works Committee. Yet to be determined are term limitations, and activation date for the Board. 2. Prepare a tree ordinance. A draft was prepared and submitted. 3. Establish a community forestry program with an annual budget of at least two dollars/capita. The budget item is presently included in the Parks maintenance budget under new plantings, etc. Staff would monitor the specific costs to provide accurate data on these expenditures. 4. Observance of Arbor Day. In meetings with EVRPD and the School District, the suggested approach is to plant two trees at the new Youth Center with involvement of elementary school children (possibly third grade students). The Parks Dept. would donate $250 for the purchase of two 5-6' evergreen trees. The event would occur in May. EVIA intends to observe Arbor Day by donating trees for the Lake Estes Hike/Bike Trail. EVIA volunteers will plant and maintain these trees. The Committee recommends approval of the Tree City USA Program, effective with this year'â€¢ budget, directing Town Attorney White to prepare the Ordinance. . M.-O.0 PU....ING CO. RECORD OF PROCEEDINGS planning Commission - November 19, 1996 Page 2 .2..ar: SPECIAL REVIEW 96-7. Black Canvon Carriages. Streets in 3.A. downtown Estes Park. Cathv Rnahes and Hollv Erwin/Applicants. This application is for horse-drawn carriage rides for the public within the Town of Estes Park. Chairman Sager declared the Public Hearing open. Applicant's representative, Paul Kochevar, reviewed the proposal stating the primary route would be used on a regular basis with the secondary route used occasionally. The horse permit has been obtained; the carriage will be harmonious with our heritage and historic buildings. Hours and routes will be adjustable to maximize saf ety. Cathy Hughes stated the Applicants are working with the carriage company to arrange for liability insurance of $1,000,000. The primary office for this will be in Ms. Hughes' home with appropriate advertising around town. There will be no advertising on the exterior of the carriage. Rides for two people will be on a reservation basis; if business increases, a six person carriage with a team of two regular sized horses will be considered. The two person carriage may be utilized by one or two horses. Senior Planner Joseph reviewed the staff report stating Chief Repola has approved the routes and Mr. Joseph emphasized staff recommendations. No audience comments were heard. The Public Hearing was closed. In response to Commissioner Thomas' question, Ms. Hughes stated she had spoken with Deacon Alan Slinkard of the Catholic Church and Judy Hoxey, Estes park Library, and both favor the proposal; she has not obtained permission from other churches. In late August the Applicants and Chief Repola rode bicycles on the proposed routes and Ms. Hughes expressed their willingness to work with the Town. Mr. Kochevar stated that since this proposal was not site specific, and due to the large number of potential adjacent landowners, a notification was not done. (Note: there was a legal Public Hearing Notice published in the Trail Gazette. It was moved and seconded (Thomas/A. Hix) approval of Special Review 96-7, Black Canyon Carriages, Streets in downtown Estes Park, be favorably recommended to the Board of Trustees with the following conditions, and it passed unanimously. . Applicant to provide a copy of a Certificate of insurance for $1,000,000 to the Town, with the Town to be named as an additional insured. â€¢ Applicants obtain written permission from property owners for specified stops on private property. . Any future additions or revisions to the routes or stops be approved by Town Staff. . No signage on public property. â€¢ If traffic conflicts or other use conflicts occur on the streets or at the public stop locations, Town Staff is authorized to restrict operations until the problem is corrected. 1 -1 : /7\ 14 0' ' A'' 0.05.4 , I 44 2 1 " 11 11 en . IS 1. t. 1 1 -~ CONCEPT PLAN - ROUTE MAP 34/ 11,0 " 12 . 1. 1 1 1.6 ...1 1 11 11 -- STREETS WITHIN ESTES PARK OWNER'S STATEMENT 1 1 The undersigned, being all the owners of the propoaed .. .i -1 1 .1 , carriage busineaa, shall be subject to the provisions of i +924* 1 - the Municiple Code of the Town of Esteo Park, Colorado, 17 .. S 7 A N L. Â£ r and any other ordnance of the Town cf EsÂ·tea Park, Colorado, pertaining thereto. 971 1 Z. \SLACA , 4 4, 1 ,4 4 &-2 224 Â«L â€¢ 6,1 M,6- ' i P - \Off -1 i Le/(Autvo-4 â€ž /_jut__i " 1-- 4AL PARK ~ . Holly trwin Cathy 7'ghea V 1 1 3. - 5 , '.,i.1,,//-% 1 -- 1-1[>tz*gpli: '.3.:i - Â«96-401, b , 1 -1 '/1 1 1- - 0 4, 1 . M E l AH \T 5 I MOUNT VIEW loo,rill __/ 1 .....01.0./.I' ' - 1 MIL'-4 1 \27 1 ,â€¢ PaRK / , APPROVAL 7 1 -VERS AOO/TrON i. 33 \ k 1 / 1 1 40 1 L.------1 1 1 't /9112E24<4'm.~Uf.. J â€ž Approved by the Town of Estes, Colorado r---1777 /. 1â€ž),; . 13 S-*13\297,05, Le-il 1 1/02, 1 - :;74\ 0 , .1 -/,/ 1 4-32-ok * j< : 02 ' this Of , 19 suic, i, 3 9/11/1 STANLEY\-Â·, I ' **szÂ·~ i ~r-Jrp r -- Â·Â· STANLEY i 64/1 ' U_ I --. / 1,1 '0 {~fi.~,1'h r 12. : 1/// :, -\ I- I 2 7/ - r, 10. & |L/| REâ€¢/ rn ~ HIS'raRIC ' 10017ION I->r-C, 7 Â· 1:1 j 1 SU 2 , \ ---41 1 4.1,4:â€¢, Ir-4.A .-'' -- 1 .7,2 i .0. A L U , R ESCA PL ..1 5 A 46 /1 91 i-Ft,~ i.<1*Eil__2' j - '7-- I. .<. . 1 In 91112&1 4.\, ' I WIt-:to. .. ~)iSTRICT /72 K <512= f ;. .1.4 , u 1 r- 1 .UL y - ACRES J â€¢OUG. / ././3 - I 102 .al#&~8 0. -&/2 I -1 -0 . i' ..~ 1, ~/ \ V:-f GENERAL NOTES 1 SU. . .. s, . \ 1,â€¢ IN' 16' z 1 1 *j h . 1 4 1 0 ~ al .1.1-:r,~ELI~ 'j#tr; , ~=,:~\ * ' 4 wf~'-- Approval of this plan creates a vesÂ·ted property right for three 'â€¢2' â€ž *â‚¬*; year3. pursuant to Article 68 of Tttle 24, C.R.S., as amended " \ 1 C /'.'I.I.. 1 . . 1 (2 .71 1" ft,13' A 1 49\ -F, 3 J..,13 to \ 1 1 9 \ 3UL 0, - - - 0 - - - 0. .4/ ' 1â€¢ LAKE VIE*z r \ 11'. 1 1 i '1 ) lEÂ·r,0. '~'r / ,u_~ â€ž , .3 . .3 4 6 \.7- RE,Uâ€¢ |':,LE 1 ' This concept plan ia for a special review to allow carriage ) 1 1 1 1 2-4.1 1 1 'A t 40 liL (7142\ \ 1 vit-LAGEÂ¢<0;/..,y ridea on various st-eeti .within the Town of Estes Pork. . 16.3----DALLF/:i#*2#--C / 1 3 . 1. 1 ...../.<EY' 1 ..1 1 Vt!.,0,1.1/'.4,1.1, i . '4. It .1 .,1/ i J . 23 12 41 ./1 ' 3 .: L ' 1 '' 2 1 1 1 â€ž -I-l I r E ...00 , 12 , -N~; Â· 1 ~ ~ ~ ~ ~ ~'~ â€¢NOLL~ su,O. - 1â€¢â€¢ .EY ,~~2 1 . 1 L 1, -Â·5~9\ . 1 al '' /hZ n U>' 1 26\25 2 ;1-17 , A . 3,/CM 1,6 Â£ I.vr L.=.-.=g;~ I 1 j , 1 F 4 ; E-htl 1' ' f i, 9., ' .9~.Â· F " 1 C. z. 1 1---- Jr 1~.' i.. . i 1 2, i-,1. ..,-.,= / 1 1 1..'.SUÂ·..,1149 ,*---12{ilihI~k ~ Ir- -,4<9~~=~â€ž,,,~~~~112 LEGEND 11.t M 41 -C' 1 1 T / 1 7 .- u : " 5. S 7 ANL Â£ 7 w E A dow 5 -1, f L'h ' -".p GLS Â·~ M V~ 1 0 KNORN CLUP 1.20 ~ ' , ~ 1 ld#:41 J[ 2-Ud=.271"'ILL7 1 1/:NO . 1 4,%Â« J. v U ., vga ." . 7 i i 4.4 ~ ;, 42 NA 1 J' 1 .\. 4Â«---- ' P -<,suN N Â¥ AC.9 25 1 ; â€¢4::4 \ 44-iHI'-LEÂ°.O L: .1 toll 'di~,-) 12 -- 5 114 T F U ZZ :5 1 L_12 - 1 U. , 1 1 u: ; !, 1 1 + '. "A:74 i /.7.7 4 >r \ .5-===c~â‚¬~1- ~ Pick Up / Drop Off Areca ESTA-ES 3. 1 14 , 7- 4/1.i n \ 4. t.zo ~ i , 2 LA- 6 -1 - \ 4 4 / i. I ELAMORM ~ O-4 " '.1.0 1 36/2 , I .,/6/ .O ./ \7 1 / 49Â«.L 2. ADDITION 2â€¢ C."rf â€¢ :1 :-r. .. -. Direction of Trcrvel Nill! c:"Allit illl .0., ../1-'.0-1- \ '3 4 . U. l aul 0, . I \J.\ /4 ~ Priniar/ Route '-/,, 4 /./ 1 " - -- 111.-1.11110 ' 1-1..\ K]r?-Â·-Â·Â·L-=iE?. ~SALLÂ£E â€¢â‚¬swa. I 7 ~~ .,~~ -- .A, - 1 r:-i, 1, .1 1 :1 E--1 1 V> ~ Secondary Route 3 ./ Applicant to provide a copy of a Certificate of insurance >7-ZE -' for $1,000,000 to the Town, with the Town to be named as 27/,$ 1 *r r --- 1 r L - ';tzitl drr,-â€¢'4 ..1- 1 1Â· I L_.11! " I'â€¢ dz!..:ii=!ti{)Â£,~ an additional insured. . .3.07 ESTES PARK SURVEYORS & ENGINEERS, INC. P.O. BOX 3047 FIRST NATIONAL BANK BLDG â€¢ Applicants obtain written permission from property owners ESTES PARK, COLORADO SUrrE 205 for specified stops on private property. 80517 (303)586-5175 â€¢ Any future additions or revisions to the routes or stops PROJECT: CONCEFT PLAN - ROUTE MAP be approved by Town Staff. D,~104 BY: RS CHECKED Em PWK â€¢ No signage on public property. BTE: OCTOBER 29, 1996 Cathy Hughes & Holly Erwin 14Â·80 Lower Broadview â€¢ If traffic conflicts or other use conflicts occur on the REA streets or at the public stop locations, Town Staff is Estes Park, CO 80517 authorized to restrict operations until the problem is (970) 586-1650 corrected. SHEET: 1 OF: 1 PROJECT NO: 2939 ,RAO,o~o puell,NING co. RECORD OF PROCEEDINGS Planning Commission - November 19, 1996 Page 3 Â£' SUBDIVISIONS 3--1 Amended Plat. Replat of Lot 6A, Amended Plat of Lots 6, g.iecond--Amended-Plat_Zine-Riverubdivision. This 3.6. request is to re-subdivide one lot into three lots. Applicant's representative, Paul Kochevar, reviewed the history of the property and requested approval of the request. Director Stamey reviewed the staff report. Director Stamey noted that the resulting lots would not be large enough for residential use due to the flood plain regulations. Any approval of this Amended Plat does not imply any approval of future residential or accommodation use. There were no audience comments. It was moved and seconded (A. Hix/Burgess) approval of Amended Plat, Replat of Lot 6A, Amended Plat of Lots 6, 7, 8, Second Amended Plat, Pine River Subdivision, be favorably recommended to the Board of Trustees with the following findings and conditions, and it passed unanimously. FINDINGS: 1. Approval of the subdivision will not be materially detrimental to the public welfare or injurious to other property in the neighborhood or in conflict with the purposes and objectives of this title. CONDITIONS: 1. Plat Information â€¢ Show correct Lot lines for Lots 1, 2, 3, Prospect Village Subdivision. â€¢Â· Add dimension to south Lot line, Lot 6. â€¢ Add note: Lot 6 shall accept drainage water from Lot lA and Lot 5. â€¢ Show wetlands. 2. Development â€¢ Prior to issuance of a building permit, the Army Corps of Engineers to approve any wetlands disturbance. 3. Any approval of this Amended Plat does not imply any approval of future residential or accommodation use. I ./.0/0/0 PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - November 19, 1996 Page 3 9.1â€¢. AMENDED PLAT. Tracts 65 & 66. Fall River Addition. Nicholam/ Kale. i Penny L. Kane. James F. Cook/Applicants. This 6< ~/ Â· is a retuest,for a boundary adjustment between two existing tracts. Applicant's representative, Bill Van Horn, reviewed the request to clarify the encroachment. Director Stamey reviewed the staff report. There were no audience comments. It was moved and seconded (Gilfillan/Burgess) approval of Amended Plat, Tracts 65 & 66, Fall River Addition, be favorably recommended to the Board of Trustees with the following conditions, and it passed unanimously. 1. Plat information â€¢ The designation of Tract or Lot to be consistent. â€¢ Dedication Statement - James S. and James F. Cook, to be consistent. â€¢ Surveyors/Engineers title block to be added. 2. Utilities â€¢ Verify sanitation district service requirements prior to Town Board approval. 3. Previous Approvals â€¢ Approval of this Amended Plat will terminate any approval of the Preliminary Plat for the proposed Castle Mountain Estates. ARTICLE IV TERM OF GROUND LEASE AND CONSTRUCTION OF IMPROVEMENTS Section 4.1. Commencement ofTerm ofGround Lease. The term of this Ground Lease shall commence as of , 1996, and shall terminate as provided in Section 4.2 hereof. Section 4.2. Termination of Term of Ground Lease. The term of this Ground Lease shall terminate , 2021. Termination of the term of this Ground Lease shall terminate all unaccrued obligations of the Tenant and shall terminate the Tenant's rights of possession under this Ground Lease. At the end of the term of this Ground Lease, all right, title, and interest of the Tenant or any successor thereof, in and to the Site shall be vested in the Landlord; and upon the request of the Landlord, the Tenant and any successor thereof shall execute and deliver any instrument of transfer, conveyanceâ€ž or release necessary or appropriate to confirm the vesting of such right, title, and interest in the Landlord as provided herein. The provisions of this Section 4.2 are subject to Tenant's option to renew, more specifically set forth in Section 11.1. Section 4.3. Construction and Disposition of Improvements. The Tenant or any assignee or sublessee thereof shall have the privilege of constructing and installing any buildings, structures, facilities, or other improvements on or to the Site, and to remodel, alter, expand, or otherwise improve any buildings, structures, facilities, or other improvements on the Site to which such party has title, and to demolish, raze, tear down, or otherwise remove any such buildings, structures, facilities, or other improvements, so long as such actions do not damage permanently or reduce the value of the Site. Tenant shall obtain the written consent of Landlord prior to the construction and/or renovation or remodeling of any improvements on the Site. Such written consent shall be limited to building design, location, height, landscaping, access and parking, which consent shall not be unreasonably withheld. At the end of the term of this Ground Lease, all right, title, and interest of the Tenant or any assignee or sublessee thereof in and to the improvements on the Site, any Equipment remining therein, and any other property which has become permanently affixed to the Site shall be vested in the Landlord; and at the request of the Landlord, the Tenant or any assignee or sublessee shall execute and deliver to the Landlord any instrument of transfer, conveyance, or release necessary or appropriate to confirm the vesting of such right, title, and interest in the Landlord. 4-1 ARTICLE III LEASING CLAUSE The Landlord leases the Site to the Tenant, and the Tenant leases the Site from the Landlord, in accordance with the provisions of this Ground Lease, subject only to Permitted Encumbrances, to have and to hold for the term of this Ground Lease as provided herein. 3-1 ARTICLE II REPRESENTATIONS, COVENANTS, AND WARRANTIES Section 2.1. Representations, Covenants. and Warranties ofthe Landlord. The Landlord represents, covenants, and warrants as follows: (a) To the knowledge of the Landlord, neither the execution and delivery hereof, nor the fulfillment of or compliance with the terms and conditions hereof, nor the consummation of the transactions contemplated hereby conflicts with or results in a breach of the terms, conditions, or provisions of any restriction, agreement or instrument to which the Landlord is now a party or by which the Landlord is bound, or constitutes a default under any of the- foregoing. (b) To the knowledge of the Landlord, there is no litigation or proceeding pending or threatened against the Landlord or any other person affecting the right of the Landlord to execute this Ground Lease or the ability of the Landlord to comply with his obligations contained hereunder. (c) The Landlord has fee simple title to the Site, free and clear of any liens or encumbrances, except Permitted Encumbrances, is authorized by law to enter into the transactions contemplated by this Ground Lease, and to carry out its obligations hereunder. Section 2.2. Representations, Covenants. and Warranties of the Tenant. The Tenant represents, covenants, and warrants as follows: (a) The Tenant is a corporation duly organized and existing within the State of Colorado. The Tenant has duly authorized and approved the execution and delivery of this Ground Lease and other documents related to this transaction. (b) To the knowledge of the Tenant, neither the execution and delivery hereof, nor the fulfillment of or compliance with the terms and conditions hereof, nor the consummation of the transactions contemplated hereby conflicts with or results in a breach of the terms, conditions, or provisions of any restriction, agreement or instrument to which the Tenant is now a party or by which the Tenant is bound, or constitutes a default under any of the foregoing. (c) To the knowledge of the Tenant there is no litigation or proceeding pending or threatened against the Tenant or any other person affecting the right of the Tenant to execute this Ground Lease or the ability of the Tenant to comply with its obligations hereunder. 2-1 ARTICLE I DEFINITIONS Section 1.1. Unless the context requires otherwise, the terms used herein shall have the meanings ascribed thereto by the preambles hereto. In addition, unless the context requires otherwise, the following terms shall have the meanings specified below. "Force Maieure" means, without limitation, the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders of restraints of any kind of the government of the United States of America or of the State or any of their departments, agencies or officials or any civil or military authority; insurrection; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accidents to machinery, transmission pipes or canals; or any other cause or event not within the control of the Tenant and/or the Landlord. "Termination or Abandonment" means the termination by the Tenant offhe transfer station and recycling business. Termination or abandonment means the cessation of this business for any continuous period of ten (10) days or longer. "Ground Lease Default" means one or more ofthe events described in Section 10.1 of this Ground Lease. "Landlord" means the THE TOWN OF ESTES PARK, COLORADO, a Municipal Corporation, its successors and assigns. "Permitted Encumbrances" means (a) liens for taxes and assessments, if any, not then delinquent; and (b) utility, access and other easements and rights of way, restrictions and exceptions which do not interfere with or impair the ability of the Tenant to construct improvements on or use of the Site. "Tenant" means ESTES PARK INVESTMENTS, INC., d/Wa A-1 TRASH SERVICE, a Colorado Corporation, its successors and assigns. 1-1 GROUND LEASE AGREEMENT THIS GROUND LEASE AGREEMENT (the "Ground Lease") dated as of , 1996, entered into by and between THE TOWN OF ESTES PARK, COLORADO, a Colorado Municipal Corporation, (the "Landlord"), as lessor hereunder, and ESTES PARK INVESTMENTS, INC., d/Wa A-1 TRASH SERVICE, (the "Tenant"), a Colorado Corporation, as lessee hereunder; WITNESSETH: WHEREAS, the Landlord is the owner of certain real property, the legal description of which is set forth in Exhibit "A" hereto (the "Site"); and WHEREAS, the Landlord desires to lease the Site to the Tenant, and the Tenant desires to lease the Site from the Landlord, under the terms and conditions set forth herein; and WHEREAS, the Landlord is a duly and regularly created, organized and existing public body corporate and politic, existing as such under and by virtue of the constitution and laws of the State of. Colorado, authorized to lease any real property when deemed by the Board of Trustees of the Town of Estes Park (the "Board") to be in the best interests of the Landlord and its inhabitants; and WHEREAS, the Landlord has determined and hereby determines that the leasing of the Site to the Tenant in the manner and for the purposes provided herein is in the best interests of the Landlord; and WHEREAS, the execution, performance, and delivery of this Ground Lease, has been authorized, approved and directed by the Board; and WHEREAS, the execution and performance of this Ground Lease has been authorized, approved, and directed by all necessary and appropriate actions of the Tenant; NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained the parties hereto agree as follows: ARTICLE XI OPTION TO RENEW Section 11.1. Option to Renew 11-1 ARTICLE XII MISCELLANEOUS Section 12.1. Notices 12-1 Section 12.2. Binding Effect 12-1 Section 12.3. Amendments, Changes, and Modifications 12-1 Section 12.4. Obligations of Landlord 12-1 Section 12.5. Holidays 12-2 Section 12.6. Severability 12-2 Section 12.7. Execution in Counterparts 12-2 Section 12.8. Applicable Law 12-2 Section 12.9. Captions 12-2 EXHIBIT A Legal Description of Site A-1 -lv- ARTICLE VIII FURTHER ASSURANCES; OTHER COVENANTS Section 8.1. Further Assurances and Corrective Instruments 8-1 Section 8.2. Use of Site 8-1 Section 8.3. Indemnification 8-1 Section 8.4. "As Is" 8-1 Section 8.5. Termination or Abandonment of Business 8-2 Section 8.6. List of Assets 8-2 Section 8.7. Assets to be Transferred 8-2 Section 8.8. Obligation to Purchase Buildings 8-3 Section 8.9. Purchase Price of Buildings 8-3 Section 8.10 Option to Purchase Equipment 8-3 Section 8.11 Purchase Price of Equipment 8-4 Section 8.12 Loan Default 8-4/8-5 Section 8.13 Drainage 8-5 ARTICLE IX ASSIGNMENTS; LIMITATIONS ON ENCUMBRANCES Section 9.1. Assignment with Consent 9-1 Section 9.2. No Encumbrance, Mortgage or Pledge 9-1 Section 9.3. Damage, Destruction, and Condemnation 9-1 ARTICLE X DEFAULT AND REMEDIES Page Section 10.1. Ground Lease Default Defined 10-1 Section 10.2. Remedies on Default 10-1 Section 10.3. No Remedy Exclusive 10-2 Section 10.4. Agreement to Pay Attorneys' Fees, Expert's Fees and Expenses 10-2 -iii- ARTICLE rV TERM OF GROUND LEASE Section 4.1. Commencement of Term of Ground Lease 4-1 Section 4.2. Termination of Term of Ground Lease 4-1 Section 4.3. Construction and Disposition of Improvements 4-1 Section 4.4. Zoning 4-2 ARTICLE V ENJOYMENT OF THE SITE Page Section 5.1. Quiet Enjoyment 5-1 Section 5.2. Access to Public Rights-of-Way 5-1 ARTICLE VI SEMI-ANNUAL PAYMENT OF RENT ARTICLE VII MAINTENANCE; TAXES; INSURANCE AND OTHER CHARGES Section 7.1. Maintenance of the Site 7-1 Section 7.2. Taxes, Assessments, and Utility Charges 7-1 Section 7.3. Insurance 7-1 Section 7.4. Advances by Landlord 7-1 Section 7.5. Compliance with Requirements 7-2 Section 7.6. Environmental Conditions 7-2 Section 7.7 Tenant's Duty to Notify of Adverse Environmental Conditions 7-3 Section 7.8. Environmental Concerns 7-3 Section 7.9. No Other Liability for Contamination 7-3 Section 7.10. Assignment of Reimbursements 7-3 -11- GROUND LEASE AGREEMENT TABLE OF CONTENTS (This Table of Contents is not a part of this Ground Lease Agreement and is only for convenience of reference) ARTICLE I DEFINITIONS ARTICLE n REPRESENTATIONS, COVENANTS, AND WARRANTIES Page Section 2.1. Representations, Covenants, and Warranties of the Landlord 2-1 Section 2.2. Representations, Covenants, and Warranties of the Tenant 2-1 ARTICLE m LEASING CLAUSE -i- THE TOWN OF ESTES PARK, COLORADO AS LANDLORD A Colorado Municipal Corporation - and ESTES PARK INVESTMENTS INC., d/b/a A-1 TRASH SERVICE AS TENANT A Colorado Corporation GROUND LEASE AGREEMENT Dated as of , 1996 ARTICLE V ENJOYMENT OF THE SITE Section 5.1. Quiet Eniovment. The Landlord hereby covenants that the Tenant shall during the term of this Ground Lease peaceably and quietly have, hold and enjoy the Site without suit, trouble, or hindrance from the Landlord, except as expressly required or permitted by this Ground Lease. The Landlord shall not interfere with the quiet use and enjoyment of the Site by the Tenant during the term of this Ground Lease. The Landlord shall, at the request of the Tenant, join and cooperate fully in any legal action in which the Tenant asserts its right to such possession and enjoyment, or which involves the imposition of any taxes or other governmental charges on or in connection with the Site. In addition, the Tenant may join in any legal action affecting its possession and enjoyment of the Site and shall be joined in any action affecting its liabilities hereunder. Section 5.2. Access to Public Rights-of-Wav. The Landlord grants to the Tenant the right of all necessary ingress and egress with respect to the Site for access purposes during the term of this Ground Lease. The Landlord shall provide the Tenant or any assignee or sublessee thereof with such reasonable rights-of-way over adjoining property owned by the Landlord, if any, for the purpose of providing ingress and egress with respect to the Site from and to public rights-of-way, as may be reasonably necessary to enable the same to use the Site for any lawful purpose. 5-1 Section 4.4 Zoning and Land Division. The Tenant shall be responsible for obtaining all necessary governmental approvals including specific approval for use of and construction on the site. Any deviation from or failure to abide by the terms and conditions of any governmental approval, including but not limited to the terms and conditions of Development Plan #96-14, shall be a default of this Ground Lease Agreement. All costs of said filings and approvals shall be the responsibility of Tenant. 4-2 ARTICLE VI PAYMENT OF RENT Annual rent payments of One ($1.00) Dollar shall be paid on the 1 st day of during the term of this Lease. 6-1 ARTICLE Vn MAINTENANCE; TAXES; INSURANCE AND OTHER CHARGES Section 7.1. Maintenance of the Site. At any time during the term of this Ground Lease the Tenant or the assignee or sublessee thereof shall pay all costs and take all acts necessary or - proper to maintain the Site in good- condition. - - Section 7.2. Taxes. Assessments. and Utilitv Charges. During the term of this Ground Lease, the Tenant or the assignee or sublessee thereof, shall promptly pay or cause to be paid when due all taxes, assessments, and utility charges that may be imposed on or charged to the Site. Section 7.3. Insurance. The Tenant or the assignee or sublessee thereof shall, at its own expense, cause public liability insurance to be carried and maintained with respect to the activities to be undertaken in connection with the use of the Site, in an amount not less than $1,000,000. Any such insurance policy shall (i) be so written or endorsed as to make losses, if any, payable to the Landlord, the Tenant, or any assignee or sublessee thereof, as their respective interests may appear, and shall contain a provision to the effect that the insurance company shall not cancel the policy or modify it materially and adversely to the interests of any insured party without first giving written notice thereof to such party or parties at least 30 days in advance of such cancellation or modification. The public liability insurance required by the section may be by blanket insurance policy or policies. The Landlord and the Tenant understand and agree that both the Landlord and the Tenant are relying on, and do not waive or intend to waive, by any provision of this Lease, the monetary limitations (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et seq., C.R.S., as from time to time amended or otherwise available to the Landlord or any of its officers, agents or employees. Section 7.4. Advances bv Landlord. In the event that the Tenant or the assignee or sublessee thereof shall fail to make any payments or perform any acts required by Section 7.1, 7.2, or 7.3 of this Ground Lease, the Landlord may at its option make such payments or perform such acts, and any payments so made or costs or expenses so incurred by the Landlord, together with interest thereon at the rate of 18% per annum, shall be reimbursed to the Landlord by the Tenant or any assignee or sublessee thereof; provided however, that the Landlord shall not be required or obligated to make any such payments or perform any such acts. 7-1 Section 7.5. Compliance With Requirements. At any time during the term of this Ground Lease the Tenant or any assignee or sublessee thereof (i) shall use the Site only in a careful, safe, and proper manner, (ii) shall comply with all applicable zoning and other land use requirements, (iii) shall not use or permit the use of the Site in any manner or for any purpose prohibited by any applicable laws, civil or criminal, (iv) shall commit no waste nor suffer the maintenance of any nuisance thereon, (v) shall comply with all orders of all courts, tribunals, or other governmental authorities having jurisdiction in the matter, and (vi) shall comply with all requirements of any issuer of any insurance policy required hereunder. Section 7.6. Environmental Conditions. If, as a result of an adverse environmental condition, Landlord is subject to any liability whatsoever, then Tenant shall indemnify and hold Landlord completely harmless against such liability. However, the proceeding sentence shall not apply to any adverse environmental condition existing prior to the effective date of the leasing . of the subject premises. "Adverse Environmental Condition" is defined as: (1) The contamination of the soil, air or water [whether surface water or ground water] of the Site by hazardous substances or hazardous wastes; (2) The contamination of the soil, air or water [whether surface water or ground water] of any piece of real property adjoining the Site due to a release of hazardous substances or hazardous wastes upon the Site; or (3) The presence of hazardous substances or hazardous wastes which are stored upon the Site; except for the temporary storage of any hazardous substances or hazardous wastes prior to the transportation from the Site. .. "Liability" is defined as any claim or action [whether civil, criminal or administrative, and whether brought by any governmental entity or non-governmental entity or person] judgment, settlement, damages, fine, penalty, loss or expense brought against, imposed upon, suffered by or paid by Landlord. Liability shall also include Landlord's reasonable attorneys' fees, court costs, consultant fees, experts fees, and any other litigation related expenses. "Hazardous Substances and Hazardous Wastes" shall mean any substance or waste deemed hazardous under any of the following statutes or any other statute of regulation of any governmental authority including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Section 9601 et seq.; the Resource Conservation Recovery Act, 42 USC Section 6901 et seq.; the Hazardous Material Transportation Act, 49 USC Section 1801 et seq.; and the Toxic Substance Control Act, 15 USC, 2601 et seq. 7-2 Section 7.7. Tenant's Dutv to Notifv of Adverse Environmental Conditions. Tenant recognizes that it has a duty to immediately notify the Landlord upon learning of the occurrence of an adverse environmental condition either on the Site or adjoining real property. Said notice shall be in writing and include all information available to Tenant concerning the environmental law or regulation which may or may not have been violated; whether or not any governmental agency has initiated or threatened to initiate a proceeding against Tenant for the adverse environmental condition; whether or not any governmental agency has imposed a fine, penalty or order or notice of violation upon the Tenant; and whether or not any lawsuit or other civil - action has been brought against Tenant or threatened by any person, persons or governmental agency following an adverse environmental condition. Section 7.8. Environmental Concerns. Tenant understands and specifically acknowledges that the Site is immediately adjacent to the closed .Estes Park Sanitary Landfill. Tenant has had the opportunity to make its own independent studies, tests, and/or investigations with regard to the environmental condition of the Site and the adjacent properties including the Estes Park Sanitary Landfill property. Tenant accepts the Site "as is" and the Landlord makes no warranties either express or implied as to the environmental condition of the Site. Section 7.9. No Other Liability for Contamination. It is the express intent of the parties that the risk of any contamination on or within the Site shall be that of the Tenant. Landlord shall have no obligation for any contamination, on or within the Site, including but not limited to any remediation thereof. Expressly, but without limiting the generality of the foregoing, Landlord shall have no liability for remediation of any contamination ofthe Site, or for any third- party claims resulting from any such contamination. Tenant expressly waives any claims against Landlord for remediation of the Site, or for any response costs it may incur with respect to the Site, under any existing or future federal, state or local law, statute, ordinance, regulation, legal cause of action or theory of any kind, including, but not limited to any claim under CERCLA (42 USC 9601 et seq.), RCRA (42 USC 6901 et seq.) or similar or comparable federal and/or state laws. Section 7.10. Assignment of Reimbursements. In the event any fund is or becomes available for reimbursement of any costs for environmental investigation and/or remediation of real property in the area of the Site and Landlord has expended any money for environmental investigation or remediation of the Site, Tenant hereby assigns its interest in any such fund to Landlord to the extent of Landlord's expenditures with relation to the Site. 7-3 ARTICLE VIII FURTHER ASSURANCES; OTHER COVENANTS Section 8.1. Further Assurances and Corrective Instruments. The Landlord and the Tenant agree that they will, from time to time, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Site hereby leased or intended so to be, or for otherwise carrying out the intention hereof. Section 8.2. Use of Site. The Tenant shall only use the Site as a transfer station, recycling center, storage of portable toilets and dumpsters, and related uses. The Tenant may also operate a sewer business on the Site. Any other use may only be commenced following written approval from the Town. All outside storage shall be screened. There shall be no on site disposal of any waste from said uses. Section 8.3. Indemnification. Tenant shall release, protect, defend, indemnify, and hold Landlord, including its respective directors, officers, agents, and employees free and harmless from any and all claims, liability, damages, demands, costs and causes of action of all-kinds, including but not limited to claims arising from the death or injury of any person or persons including employees of the Tenant, or from the damage or destruction of any property or properties, caused by or in connection with (i) the performance of this Lease by Tenant or its affiliated companies, its officers, agents, employees, guests, invitees, or by any contractor or subcontractor employed by Tenant, or by the agents, servants, employees, invitees or guests of any such contractor or subcontractor; or (ii) any entry upon the Site by Tenant, whether Tenant is alleged to be negligent actively, passively or not at all, except to the extent of matters shown by final non-appealable judgment to have been caused by the negligence or willful misconduct of Landlord. In the event the indemnity hereunder exceeds that permitted by applicable law, such indemnity shall be construed so as to preserve the maximum indemnity permitted thereby. This indemnity shall survive any termination of this Agreement. Section 8.4. "As Is" Tenants covenants, represents and warrants that (i) Tenant has inspected or will inspect the Site and all matters relating thereto which Tenant desires; (ii) neither Landlord nor anyone on Landlord's behalf has made, or is making, any warranties or representations respecting the Site other than those expressly set forth in this Lease, if any; (iii) Tenant is relying solely on Tenant's own investigation of the property and all matters pertaining thereto, including but not limited to the environmental condition of the Site; and (iv) except as expressly set forth herein, Tenant is Leasing the Site "as is". 8-1 Section 8.5. Termination or Abandonment of Business. In the event that Tenant terminates and/or abandons the transfer station and recycling business on Site, the Landlord shall have the option of acquiring all the assets of the transfer station and recycling business including but not limited to those assets listed on Exhibit B attached hereto and incorporated herein by reference. Within sixty (60) days of the Landlord becoming aware of the termination or abandonment of the transfer station and recycling business on the Site, the Landlord shall give the Tenant written notice of intent to exercise this option. The purchase price of those assets shall be the estimated fair market value of those assets based upon an appraisal. In the event the parties cannot agree on an appropriate appraiser to appraise the assets, the parties each shall designate an appraiser and the two designated appraisers shall mutually agree on a third appraiser. The appraisal shall be definitive as to the value of the assets to be acquired by the Landlord. The Landlord shall pay for the assets in cash or certified funds within sixty (60) days of receipt of the appraisal. The said assets shall be transferred to the Landlord free and clear of all liens and encumbrances. Any personal property taxes due and owing on the assets shall be pro rated to the date of closing. Each side shall bear all customary closing costs and expenses. The assets shall be transferred to the Landlord by good and sufficient bill of sale free and clear of all liens and encumbrances. At the time of transfer of the assets, this Ground Lease shall be terminated. Section 8.6. List of Assets. On or before October 1 st of each calendar year, the Tenant shall give to Landlord a up-to-date inventory of all major assets involved in the transfer station and recycling business. Said list shall include the current estimated fair market value of each asset, any liens or encumbrances against any asset, including the amount of said lien and the holder of said lien; and a listing of all leased equipment including the lease term and lessor. Section 8.7. Assets to be Transferred. The assets to be transferred pursuant to the option shall include only equipment and other tangible assets involved in the transfer station and recycling business. In no' event shall any accounts receivables, account payables, goodwill or any other assets be transferred as a part of the option to purchase unless Landlord and Tenant mutually agree to transfer said assets. However, all necessary permits, licenses and other agreements necessary for the operation of the 1ransfer station and recycling business shall be transferred at no cost to Landlord by Tenant at the closing. 8-2 Section 8.8. Obligation to Purchase Buildings. At the end of either the term set forth in paragraph 4.2 or 11.1, if the option to renew is exercised by the Tenant, the Landlord shall have the obligation to purchase all of the buildings on the Site at fair market value subject to the following conditions: (a) The Tenant is not in default in any term or condition of the Ground Lease at the time of expiration of the term set forth in paragraph 4.2 or 11.1 of this Agreement; (b) The Tenant gives the Landlord written notice at least one hundred and eighty (180) days prior to the termination of the Tenant's exercising of the provisions of this paragraph; and (c) The appropriation by the governing body of the Landlord of the funds necessary to acquire the buildings. Section 8.9. Purchase Price of Buildings. The purchase price of those buildings shall be the enimated fair market value of those buildings based upon an appraisal. In the event the parties cannot agree on an appropriate appraiser to appraise the buildings, the parties each shall designate an appraiser and the two designated appraisers shall mutually agree on a third appraiser. The appraisal shall be definitive as to the value of the buildings to be acquired by the Landlord. The Landlord shall pay for the buildings in cash or certified funds within sixty (60) days of receipt of the appraisal. The said buildings shall be transferred to the Landiord free and clear of all liens and encumbrances. Any real property taxes due and owing on the buildings shall be pro rated to the date of closing. Each side shall bear all customary closing costs and expenses. The buildings shall be transferred to the Landlord by good and sufficient bill of sale free and clear of all liens and encumbrances. Section 8.10 Option to Purchase Equipment. At the end of either the term set forth in paragraph 4.2 or 11.1, if the option to renew is exercised by the Tenant, the Landlord shall have the option to purchase all of the equipment on the Site at fair market value subject to the following conditions: (a) The Tenant is not in default in any term or condition of the Ground Lease at the time of expiration of the term set forth in paragraph 4.2 or 11.1 of this Agreement; (b) The Tenant gives the Landlord written notice as stated in Section 8.8 above; (c) The appropriation by the governing body of the Landlord of the funds necessary to acquire the equipment. 8-3 Section 8.11. Purchase Price of Equipment. The purchase price of the equipment shall be the estimated fair market value of said equipment based upon an appraisal. In the event the parties cannot agree on an appropriate appraiser to appraise the equipment, the parties each shall designate an appraiser and the two designated appraisers shall mutually agree on a third appraiser. The appraisal shall be definitive as to the value of the equipment to be acquired by the Landlord. The Landlord shall pay for the equipment in cash or certified funds within sixty (60) days of receipt of the appraisal. The said equipment shall be transferred to the Landlord free and clear of all liens and encumbrances. Any personal property taxes due and owing on the equipment shall be pro rated to the date of closing. Each side shall bear all customary closing costs and expenses. The equipment shall be transferred to the Landlord by good and sufficient bill of sale free and clear of all liens and encumbrances. Section 8.12. Loan Default. The Parties understand and agree that Tenant shall be obtaining a loan from an appropriate commercial financial institution, ("The Bank"), for the purpose of funding the construction of improvements on the Site'and operational expenses. Said loan shall include encumbering Tenant's business assets, including the improvements constructed on the Site. In the event of default by Tenant, which default includes the failure of Tenant to pay principal and/or interest on the loan, Landlord agrees to purchase the building improvements on the Site pursuant to the following: (a) This Ground Lease Agreement is in default and Tenant has failed to cure said default; (b) The Bank has obtained title to the buildings pursuant to the applicable terms and conditions of the loan agreements with Tenant; (c) The Bank is able to convey title to the buildings free and clear of all liens and encumbrances, including any interest of the Tenant; (d) The Bank has given Landlord sixty (60) days notice of its intention to invoke the terms and conditions of this Section; and (e) The appropriation by the governing body of the Landlord of the funds necessary to acquire the buildings. The purchase price of those buildings shall be the estimated fair market value of those buildings based upon an appraisal. In the event the Landlord and the Bank cannot agree on an appropriate appraiser to appraise the buildings, the Landlord and the Bank each shall designate an appraiser and the two designated appraisers shall mutually agree on a third appraiser. 8-4 The appraisal shall be definitive as to the value of the buildings to be acquired by the Landlord. The Landlord shall pay for the buildings in cash or certified funds within sixty (60) days of receipt of the appraisal. The said buildings shall be transferred to the Landlord free and clear of all liens and encumbrances. Any ad valorem taxes due and owing on the buildings shall be pro rated to the date of closing. Each side shall bear all customary closing costs and expenses. The buildings shall be transferred to the Landlord by good and sufficient bill of sale free and clear of all liens and encumbrances. Section 8.13. Drainage. Tenant shall accept all off-site upstream flows from Landlords' adjacent property. The Tenant will maintain and repair all necessary drainage facilities. 8-5 ARTICLE IX ASSIGNMENTS; LIMITATIONS ON ENCUMBRANCES; DAMAGE Section 9.1. Assignment with Consent. This Lease shall be personal to Tenant and Tenant may not assign this Lease without first obtaining written consent from the Landlord, which consent shall not be unreasonably withheld; provided, however, that Lessee shall remain liable at all times for the performance of all the terms and conditions of this Lease. No written consent by Landlord hereunder shall be deemed a waiver by Landlord of any of the provisions hereof except to the extent expressly provided in such consent. Section 9.2. No Encumbrance. Mortgage or Pledge. Neither the Landlord nor the Tenant shall create, incur, assume, or suffer to exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to the Site, except Permitted Encumbrances. Section 9.3. Damage. Destruction. and Condemnation. If, at any time during the term of this Ground Lease, (i) the Site or any portion thereof shall be destroyed in whole or in part, or damaged by fire or other casualty; or (ii) title to or the temporary or permanent use of the Site or any portion thereof shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm, or corporation acting under governmental authority; or (iii) title to or the use of all or any portion of the Site shall be lost by reason of a defect in title thereto; then the Landlord and the Tenant or any assignee or sublessee thereof shall cause the Net Proceeds of any insurance claim or condemnation award to be applied to the prompt replacement, repair, or restoration of the Site. Any Net Proceeds remaining after such work has been completed shall be paid to the Landlord, the Tenant, or any assignee or sublessee thereof, as their interests may appear. If the Net Proceeds are insufficient to pay the full cost of such replacement, repair, and restoration, the Tenant or any assignee or sublessee thereof shall be obligated to pay any cost in excess of the Net Proceeds. 9-1 . ARTICLE X DEFAULT AND REMEDIES Section 10.1. Ground Lease Default Defined. Any one or more of the following shall be a Ground Lease Default under this Ground Lease: (a) Failure by the Tenant or any assignee or sublessee thereof to pay any Rent at the time specified herein for a period of 10 days after written notice specifying such failure and requesting that it be remedied, shall be given by the Landlord; or (b) Failure by the Tenant or any assignee or sublessee thereof to observe and perform any covenant, conditions, or agreement on its part to be observed or performed, other than as referred to in (a), for a period of 30 days after written notice, specifying such failure and requesting that it be remedied, shall be given by the Landlord, unless the Landlord shall agree in writing to an extension of such time prior to its expiration; provided however, that if the failure stated in the notice cannot be corrected within the applicable period, the Landlord shall not withhold its consent to an extension of such time if corrective action shall be instituted within the applicable period and diligently pursued until the default is corrected; and provided further that if, by reason of Force Maieure, the Tenant or any assignee or sublessee thereof shall be unable in whole or in part to carry out any agreement on its part herein contained, other than the obligation to pay Rent, the Tenant, or any assignee or sublessee thereof shall not be deemed in _ default during the continuance of such inability. However, the Tenant, or any assignee of sublessee thereof agrees to remedy, as promptly as legally and reasonably possible, the cause or causes preventing it from carrying out its agreement. (c) Termination or abandonment of the transfer station and recycling business by Tenant. Section 10.2. Remedies on Default. Whenever any Ground Lease Default shall have happened and riot been cured pursuant to the provisions of subparagraph 10.1(b), above, the Landlord shall have the right, at its option and without further demand or notice, to remove the Tenant, or any assigneÂ© or sublessee thereof, from the site pursuant to the applicable Statutes of the State of Colorado and may, at its option. take what other action at law or in equity may appear necessary or desirable to enforce its rights under this Ground Lease and terminate the Tenant's, or any assignee or sublessee thereof, possession of the Site. 10-1 Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Landlord is intended to be exclusive, and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Landlord to exercise any remedy reserved hereby, it shall not be necessary to give any notice, other than such notice as may be required in this Article X. Section 10.4. Agreement to Pav Attorneys' Fees. Exnert's Fees and Expenses. In the event that either party hereto shall default under any of the provisions hereof and the nondefaulting party shall employ attorneys or experts or incur other expenses for the enforcement, performance, or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it shall on demand therefor pay to the nondefaulting party the reasonable fees of such attorneys and experts and such other reasonable expenses so incurred by the nondefaulting party. 10-2 . ARTICLE XI OPTION TO RENEW Section 11.1. Option to Renew. The Tenant, in its sole discretion, or any assignee or sublessee thereof shall have the option to renew this Ground Lease for an additional twenty-five (25) years beginning on , 2021, and terminating on , 2046. The Rent shall be as set forth in Section 6.1. All other terms and conditions of this Ground Lease shall remain in full force and effect if Tenant elects to renew this Ground Lease. Tenant shall give Landlord one hundred eighty (180) days written notice, prior to the expiration of the original term of the Ground Lease, of its election to renew. The Tenant's right to elect to renew this Ground Lease for this additional term is contingent upon no Ground Lease Default being in existence on the part of the Tenant at the time of the exercise of this option to renew. 11-1 .. ARTICLE XII MISCELLANEOUS Section 12.1. Notices. All notices, certificates, or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified or registered mail, postage prepaid, addressed as follows: Landlord: The Town of Estes Park Attention: Town Administrator Post Office Box 1200 170 MacGregor Avenue Tenant: Estes Park Investments, Inc., d/b/a A-1 Trash Service The Landlord and the Tenant, may, by written notice, designate any further or different addresses to which subsequent notices, certificates, or other communications shall be sent. Section 12.2. Binding Effect. This Lease shall inure to the benefit of and shall be binding upon the Landlord and the Tenant and their respective successors and assigns. In the event the Tenant subleases the Site or assigns its rights hereunder, the Tenant shall require such assignee or sublessee to consent in writing to and assume and agree to comply with all terms of this Ground Lease. The provisions of Section 8.12 shall also be binding upon the successors and assignees of the Bank. Section 12.3. Amendments. Changes. and Modifications. This Ground Lease may not be amended, changed, modified, or altered without the written consent of the parties hereto. Any _such amendment, change, modification, or alteration shall be in writing and executed.in-the.same - manner as this Ground Lease is executed. Section 12.4. Obligations of Landlord. No provision of this Ground Lease shall be interpreted or construed as a general obligation debt or indebtedness of the Landlord. 12-1 Section 12.5. Holidays. If the date for making any payment or the last day for performance of any act or the exercising of any right, as provided in this Ground Lease, shall be a legal holiday or a day on which banking institutions in the Town of Estes Park are authorized by law to remain closed, such payment may be made or act performed or right exercised on the next succeeding day not a legal holiday or a day on which such banking institutions are authorized by law to remain closed, with the same force and effect as if done on the nominal date provided in this Ground Lease. Section 12.6. Severabilitv. In the event that any provision of this Ground Lease, other than the requirement to pay Rent and the requirement of the Landlord to provide quiet enjoyment of the Site, shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, the intention being that the various provisions hereof shall be severable. Section 12.7. Execution in Counternarts. This Ground Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 12.8. Applicable Law. This Ground Lease shall be governed by and construed in accordance with the laws of the State of Colorado. Section 12.9. Captions. The captions or headings herein are for convenience only and in no way define, limit, or describe the scope or intent of any provisions or sections of this Ground Lease. 12-2 . EXHIBIT A TO GROUND LEASE AGREEMENT Lot 3, Elm Road Second Addition to the Town of Estes Park. - - A-1 Estes Park Area Historical Museum Advisory Board December 2, 1996 Honorable Robert Dekker Town ofEstes Park PO Box 1100 Estes Park CO 80517 Dear Mr. Mayor, The Museum Advisory Board has authorized me to write you to recommend the appointment of Jack Melton to a four-year term as an advisory board member beginning January 1, 1997. Jack has served on the board this past year filling out the term vacated by Lennie Bemiss. He has been an active and positive addition to the Board. His background in history and knowledge of museum protocol have been major assets. We look forward to continued growth and success for Museum projects in the future. Thank you. Sybil Barnes Secretary ofthe Board Judy A. Hoxsey Director Phone (970) 586-8116 FAX (970) 586-0189 hoxseyju @ csn.org aN- ESTES PARK PUBLIC LIBRRRY Estes Valley Public Library District November 27, 1996 The Honorable Robert Decker Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Mayor Decker: The Library District Board of Trustees has received seven applications to fill the three terms which expire December 31, 1996. According to the District's bylaws, all three of the Board members whose terms are expiring are eligible to serve one more term, and all three of them have reapplied for a second term. The applications have been reviewed and discussed by the President of the Board and the remaining Board members. Their conclusion is that the three current Board members should be reappointed for the following reasons: (1) they have shown a willingness to serve the Library in the past and (2) the District will be well served by continuing with experienced members, particularly in view of the fact that two of the most experienced members will finish their second full terms at the end of 1997 and will not be eligible to reapply. The other four applicants are also well qualified to serve the library and will be recommended to fill vacancies coming up on the Library Foundation Board of Directors. Therefore, the Library District wishes to recommend that Kathleen Miller. Beckv Glowacki. and Kathleen Hanniaan all be reappointed for four-year terms on the Ubrary District Board of Trustees. Thank you. Sincerely, dyHosey, Library Diredor RO. BOX 1687 â€¢ 335 EAST ELKHORN AVENUE . ESTES PARK, CO 80517 . LEASE AGREEMENTS LESSEE TERM EXPIRATION LEASE DATE AMOUNT TABOR YEARLY RENEWAL - 3 Yrs. 5/1/97 $4,344.42/yr. KEYCORP LEASING LTD. - 1995 Ford Taurus/Conf. Center ($12,200) TABOR YEARLY RENEWAL - 3 Yrs. 5/1/97 $22,790.42/yr. KEYCORP LEASING LTD. - Tents/Stanley Park ($64,000) TABOR YEARLY RENEWAL - Yearly 6/9/2000 $14,226.19/yr. ' ESTES PARK BANK, Renewal Modular Bldg./Youth 6/9/95 Center TABOR YEARLY RENEWAL - 5 Yrs. 6/2001 $19,394.07 ESTES PARK BANK - (lst pymt. Elgin Street Sweeper 6/97) . . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.28 OF THE MUNICIPAL CODE PERTAINING TO BREW PUB LICENSING WHEREAS, in 1996 the State Legislature adopted legislation creating a new class of liquor license for Brew Pubs and; WHEREAS, it is necessary to amend the Municipal Code in order to provide for this new type of liquor license. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: Section 5.28.020 (3) of the Municipal Code is amended to read as follows. Section 5.28.020 (3) CLASS "C" OPERATORS. All operators licensed to sell malt, vinous or spirituous liquors as beer and wine, hotel and restaurant, tavern, and brew pub. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 1996. TOWN OF ESTES PARK By: 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 , 1996, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1996. Town Clerk