breckenridge tourism office strategy update
TRANSCRIPT
Town Council Work SessionTuesday, December 14, 2021, 3:00 PM
Town Hall Council Chambers150 Ski Hill Road
Breckenridge, Colorado
THE TOWN OF BRECKENRIDGE IS NOW HOLDING HYBRID MEETINGS. THISMEETING WILL BE HELD IN PERSON AT BRECKENRIDGE TOWN HALL. ALLMEMBERS OF THE PUBLIC ARE INVITED TO ATTEND. MASKS ARE REQUIRED.IN PERSON ATTENDEES MUST NOT ACCESS THE VIRTUAL MEETING WHILE INCOUNCIL CHAMBERS.This meeting will also be broadcast live over Zoom. Log-in information is available in thecalendar section of our website: www.townofbreckenridge.com. All public comments must bedelivered in person in Council Chambers during designated public comment times, by emailto [email protected], or by mailed letter, prior to the meeting.
I. HIGH COUNTY CONSERVATION CENTER PAY AS YOU THROWPROGRAM UPDATE (3:00-3:30pm)Pay As You Throw Presentation
II. PLANNING COMMISSION DECISIONS (3:30-3:35pm)Planning Commission Decisions
III. LEGISLATIVE REVIEW (3:35-4:00pm)Treetop Lease Renewal (Second Reading)Amenity Space Code Amendment Clarification (First Reading)A Resolution Approving a Second Amendment to Employment Agreement for Rick G.Holman (Resolution)Re-adoption of the Town's Three Mile Annexation Plan (Resolution)
IV. MANAGERS REPORT (4:00-4:20pm)Public Projects UpdateMobility UpdateHousing and Childcare UpdateCommittee ReportsBreckenridge Events Committee UpdateOpen Space Master Plan UpdateTourism Overlay District Task Force Update
V. PLANNING MATTERS (4:20-5:00pm)Alta Verde 2Development Agreement with Brian Peterson and Danielle O'Grady
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VI. OTHER (5:00-5:45pm)Breckenridge Tourism Office Strategy UpdateLiquor and Marijuana Licensing Authority Appointments (3 Seats)
VII. EXECUTIVE SESSION - Personnel Matters (5:45pm)
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Memo To: Breckenridge Town Council
From: Jessie Burley, Sustainability & Parking Manager
Date: 12/6/2021
Subject: Pay-As-You-Throw and Universal Recycling
Background: In 2018, the Town of Breckenridge and High Country Conservation Center (HC3) sought to improve recycling rates in town through development of a Pay-As-You-Throw (PAYT) and Universal Recycling ordinance. This stakeholder effort was completed around the same time Staff was implementing the commercial enclosure program and a new service contract, so PAYT was put on hold. In addition, Summit County Government requested the Town delay adopting a PAYT program in an effort to align waste and recycling policies across the region and to realize economies of scale for private waste haulers. In order for SCG to implement PAYT in unincorporated Summit County, a Special Waste District was formed in March 2021. Once the district was established, HC3 reconvened the PAYT Task Force and retained LBA Associates to help facilitate development of a county-wide PAYT program. HC3 received a grant of $45K from Colorado Department of Health and Environment as well as assistance from County Strong Future funds in order to pay for the project. The Task Force has met three times since launching the project in 2021 (September 1, October 7, and November 10). Several educational forums are planned for January 2022 to engage residents and businesses on these proposed policies. The Task Force will reconvene in Q1 of 2022 after which Staff will bring forward a final recommendation for Council’s consideration. Should Council approve the recommended ordinance, the goal would be implementation in January of 2023 following a year of planning, outreach, and education. Scope of the Problem: In 2011, the Town of Breckenridge set a goal of 40-70% waste diversion in the SustainableBreck Plan. That goal has been hard to measure because diversion is calculated in aggregate at the county level. Over the past several years, the county’s recycling rate has hovered around 18-20% which is well below the state (26%) and national (32%) averages. There are multiple communities in Colorado that have implemented a PAYT and Universal Recycling program. Vail, Aspen, Pitkin County and Durango are mountain communities with these policies in place. These Colorado communities, and over 7,000 other US jurisdictions share higher recycling rates than communities that do not have PAYT or Universal Recycling ordinances. In 2018, the Town adopted a regional Climate Action Plan (CAP) which outlines a series of goals and strategies to achieve an 80% greenhouse gas (GHG) emissions reduction by 2050 over a 2005 baseline. The CAP addresses GHGs from the waste sector by recommending policies that increase diversion from the landfill. The community’s goal in the CAP is a reduction of greenhouse gas emissions by 50%. Through recycling, not only are communities reducing the need for harvesting of raw materials, but also minimizing energy and water from raw manufacturing processes. Lastly, landfilling materials results in the emission of methane, a GHG significantly more potent than carbon in the short term. Policies that keep material from anaerobic decomposition in landfills can help reduce GHG emissions.
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PAYT and Universal Recycling Basics: PAYT is a utility model used for waste – the more waste that’s generated, the more a person pays for service. It can be compared to your energy or water bill, the more you use, the more you pay. This provides an economic incentive to waste less and recycle more. Currently, residents pay a flat rate for trash services with an additional fee for recycling, so there is no price signal to reduce waste. A PAYT policy would require that each hauler offer three different trash bin sizes to residents, and that all residents receive a recycling bin as part of their service. Residents who choose smaller trash bins will pay less than those who choose larger trash bins. Because all residents will receive the recycling bin at no additional cost, the policy provides an incentive to recycle more. On the commercial side, businesses and multi-family properties generally pay based on volume and frequency of pick up, so PAYT is inherently built into commercial service and not needed as a policy. In order to increase diversion rates for commercial entities, universal recycling mandates become the primary strategy. Many Breckenridge residents and visitors lack access to recycling, and some businesses are currently not recycling. Universal recycling policies generally require that all businesses and multi-family properties have recycling collection service. These strategies as well as Task Force recommendations will be outlined at the work session. Task Force Recommendations: HC3 will be present at the work session to provide Council with an overview of the proposed program recommendations and to solicit Council’s feedback. HC3 will review the proposed implementation timeline and highlight some of the barriers and potential solutions identified by the Task Force. A proposed budget for implementation as well as a refined education and outreach plan will be presented at a later work session. Staff and the project team would like Council’s input on the direction of the policy proposal. There is no additional action requested by Council at this time.
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Local Recycling Policy
Breckenridge Town Council Presentation – December 14, 2021
High Country Conservation Center and LBA Associates
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Agenda
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Introductions
How We Got Here
Pay-As-You-Throw (Residential)
Universal Recycling Ordinance (Commercial)
Next Steps & Discussion
6
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HOW WE GOT HERE
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7
z
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CommunityDiversion
Goal
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40% By 2035
8
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Why Now?
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Zero Waste Task Force priority
Breckenridge stakeholder groundwork, 2017-2018
HC3 awarded state grant, 2021
Potential Strong Future support –Advisory Group consideration in 2022
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Project Framework6
Goal = Develop PAYT & URO tailored for Summit County community and gain adoption across all jurisdictions
Residential
Households with individual trash
containers
Commercial
Multi-family households that share trash containers + commercial & institutions
Composting food waste is NOT addressed in initial ordinances, but may be added in future years
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Project Timeline
Sep 21-Jan 22
Stakeholder Meetings
Spring 2022
Ordinances Adopted
2022
Planning and Outreach
January 2023
Ordinances Effective
January 2022:
Public and
business forums
conducted prior to
adoption
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11
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Colorado PAYT Examples
Aspen*, Basalt & Pitkin County*
Carbondale
Durango
Newcastle
Vail*
Steamboat Springs (currently studying)
Boulder*, Fort Collins*, Golden, Longmont, Louisville, Loveland
*Communities with both PAYT and URO.
Town of Vail
DOUBLED its recycling rate.
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z
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Residential Pay as You
Throw(PAYT)
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13
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10
ResidentialPAYT
Cart-based recycling system that encourages recycling, establishes equity like other utilities & gives residents control over monthly bills
Applies to households with individual trash carts
Volume-based trash service levels with associated variable pricing that incentivizes recycling
Bundled trash + recycling service and pricing
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PAYT – Recommended Program Design11
Gov’ts establish
size of trash
service levels &
minimum recycling
bin size Small Trash
~32 gallons
Large Trash
~96 gallons
Medium Trash
~64 gallons
Hauler sets rates.
Gov’ts establish
variable pricing
structure ratio
(recommended = 80%
increase to size up)
Small
Volume
Price
Medium
Volume
Price
Large
Volume
Price 1.8 2.6
95% of residents
currently at large level
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Special PAYT Considerations
Self-haulers (exempt)
• HOA group accounts with existing collection contracts
• Properties that share service
• Hardship conditions
Waivers/variances for
Potential subsidies for low-income residents
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Commercial Universal Recycling Ordinance (URO)
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17
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URO
Commercial system that makes recycling available to all multi-family residents and businesses
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Applies to multi-family households & businesses
with shared trash containers
Recycling service will be required for all entities with
trash service
Implementation will be phased in over ~2 years
(PAYT will likely occur in few months)
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Additional URO Components
▪ Public areas
▪ Recycling next to trash cans
▪ Glass recycling next to trash/recycling
containers (business with liquor
licenses only)
▪ Hotels – in-room recycling bins
▪ Provide training to tenants,
employees & janitorial staff
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Special URO Considerations
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Exemptions for self-haulers, contractors, landscapers, civic groups
Variances or waivers for existing collection contracts, shared service, severe space constraints, etc.
Gov’t & HC3 technical assistance + subsidies/grants
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Next Steps
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21
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Program Implementation Support
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Outreach and education
Technical assistance with
program start-up
Subsidies/GrantsGov’t & HC3 staff support
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Discussion
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Project Contacts
High Country Conservation Center
Jennifer Schenk
970.668.5703
LBA Associates
Laurie Batchelder Adams
303.733.7943
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Memo To: Breckenridge Town Council Members
From: Mark Truckey, Director of Community Development
Date: December 8, 2021
Subject: Planning Commission Decisions of the December 7, 2021 Meeting
DECISIONS FROM THE PLANNING COMMISSION MEETING, December 7, 2021: CLASS A APPLICATIONS: 1. Father Dyer Addition, Landmarking and Remodel, 310 Wellington Rd., PL-2021-0373 A proposal to locally landmark and expand the church through a 2,496 sq. ft. addition to the non-historic part of the existing building. Approved, see second memo.
CLASS B APPLICATIONS: None.
CLASS C APPLICATIONS: 1. Tyra IV Riverbend Lodge Condo Meeting Room #2 Conversion, 655 Four O’clock Rd., PL-2021-0554 A proposal to convert an approximately 192 sq. ft. meeting room on the second level of the Riverbend Lodge Condo building to dwelling area, to be absorbed into the adjacent Unit 207. There are not any proposed changes to the building exterior. Approved.
TOWN PROJECT HEARINGS: None.
OTHER: None.
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Memo To: Town Council
From: Chris Kulick, AICP, Senior Planner
Date: December 8, 2021 for meeting of December 14, 2021
Subject: Father Dyer Landmarking, Addition, and Remodel Class A Planning Commission Approval Summary
A Final Hearing for the Father Dyer Landmarking, Addition, and Remodel, located at 310 Wellington Road, was held by the Planning Commission on December 7, 2021. The project is subject to a Development Agreement that was approved by the Town Council on June 6, 2021 and proposes Locally Landmarking the historic church and expanding the Church through a 2,496 sq. ft. addition to the western non-historic part of the existing building. The footprint of the proposed expansion area currently has a non-compliant sunken terrace. The addition will accommodate additional rooms and facilities which will enable the Church to better accommodate its expanding role in providing a number of social services to the community including the food pantry, community dinners, dependency counseling, and youth programs. The project also proposes relocating and restoring the historic cabin, the dedication of a trail and drainage easement along the western property line and the creation of a new prayer garden and patio to the north. The project also proposes photovoltaic panels on the non-historic addition. The Commission discussed the panels extensively and found they complied with Priority Design Standard 69 because the panels would not be highly visible from the right of way. The design proposes 56 parking spaces which exceeds the required 50 parking spaces.
The Commission found the proposal complied with all Priority Design Standards and Absolute Policies, and assigned a total cumulative score of positive three (+3) points under the Relative Policies. The Commission approved the application 6-0.
Staff will be available at the meeting to answer any questions.
Rendering of the Church from Wellington Road
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Ski Hill Rd
Hwy 9
Wellington Rd
Main
St NPa
rk Av
e N
Boreas Pass Rd
Frenc
h St S
Bridge S
t
Four Oclock Rd Ridge
St S
Corkscrew Dr
Main
St SPa
rk Av
e S
Frenc
h St N
Villag
e Rd
Reiling Rd
French G
ulch Rd
Royal Tiger Rd
High S
t S
SCR 709
Stable
s Dr
Gold Flake Ter N
SCR 708
Pine S
t N
Brok
en La
nce D
r
Woods D
r
Pine S
t S
Adams Ave E
Rachel Ln
Logan Dr
Peerless
Dr
Lincoln Ave
White Cl
oud D
r
Klack Rd
Kings
Crow
n Rd
Harris
St S
Briar
Ros
e Ln
Sunbeam
Dr
Peak Eight Rd
Gold King
Way
Beavers Dr
Peak Nine Rd
Tomahawk Ln
Airpo
rt Rd
Settlers Dr
Luisa
Dr
Locals Ln
Windwood
Cir
High S
t N
Herm
it Dr
Colum
bine R
dWatson Ave
Bright Hope
Dr
Grey Ln
Wolff Lyo
n Rd
Gran
dview
Dr
Boulder Cir
Riverwood Dr
Carte
r Dr
Timber Trail Rd
Red Feather Rd
Sawmill Rd
Loma
x Dr
Christie Ln Campion Tr
Union Tr
Ambe
r Ct
Snow
berry
Ln
Highwood Cir
Iliff C
t
Brookside Ln
Shep
pard
Cir
Bluff C
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Sisler Green
Brec
kenr
idge S
outh
J
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Town of Breckenridge Date 12/07/2021 Planning Commission Regular Meeting Page 1
PLANNING COMMISSION MEETING The meeting was called to order at 5:31 p.m. by Chair Beckerman. ROLL CALL Mike Giller Jay Beckerman Mark Leas George Swintz Tanya Delahoz Steve Gerard- Absent Allen Frechter APPROVAL OF MINUTES The November 16, 2021 Planning Commission Minutes were approved with the below changes: Page 3, Mr. Giller’s comment. Change to “Spanish/Mission Revival or Romanesque.” Page 4, Mr. Swintz’s comment “connector isn’t as steep but for solar is fine” the intent of the comment was “the slope of the gable over the entry door to the connector is not as steep as the other two rooflines.” APPROVAL OF AGENDA With no changes, the December 7, 2021 Planning Commission Agenda was approved. PUBLIC COMMENT ON HISTORIC PRESERVATION ISSUES:
• No public comment. CONSENT CALENDAR: 1. Tyra IV Riverbend Lodge Condo Meeting Room #2 Conversion (CL), 655 Four O’clock Rd.; PL-2021-0554 With no call-ups, the Consent Calendar was approved as presented. FINAL HEARINGS: 1. Father Dyer Addition, Landmarking, and Remodel (CK), 310 Wellington Rd., PL-2021-0373 Mr. Kulick presented a proposal to locally landmark and expand the Church through a 2,496 sq. ft. addition to the non-historic part of the existing building. The following specific questions were asked of the Commission:
1. Building Materials: Staff finds the proposed materials comply with Priority Design Standard 145. Does the Commission Concur?
2. Windows: Does the Commission believe the revised windows and doors comply with Design Standards 95, 96 and 148?
3. Trail Easement: Does the Commission support awarding positive three (+3) points for providing a 6’ trail easement?
4. Does the Commission have any additional comments on the proposed project design or point analysis?
Staff notes a special finding (no. 7) showing the solar panels do comply with priority design standard 69. Staff recommends a cumulative project score of positive three (+3) points. Commissioner Questions / Comments: Mr. Giller: On page 17 the changes since Nov 16. Overall changes list the “scale” of the of the siding
was corrected. Was “color” what was meant instead of scale? I think what was being said was the color of the first addition was changed. (Mr. Kulick: that sounds correct. I will let the applicant speak to that term as it was copied directly from their latest update.) Second, I want to confirm that the bellyband was lowered on the south side? (Mr. Kulick: yes the bellyband was lowered on the south elevation and the windows were raised to be at the
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Town of Breckenridge Date 12/07/2021 Planning Commission Regular Meeting Page 2
same height as the windows on the west elevation). Mr. Swintz: My first question is on condition number eight. Could you explain the 23 ft. height
limitation? I am curious if the building is lower than that? (Mr. Kulick: the 23ft is measured from the gable mid-point to the ground. And the ridge line matches the existing addition. Guidelines state that additions should be subordinate in height. This was designed to be just under 23ft for the newest addition. They will present Improvement Location Certificates (ILCs) during construction to confirm that the planned building height is what is constructed.) Was condition 22 meant to be blank? (Mr. Kulick: no that was inadvertently left blank). What will the mechanical systems look like in the future, is that something that Staff catches in the future? (Mr. Kulick: the mechanical systems likely haven’t been designed at this stage. In the future if there is some kind of venting or metal exposure we require those to be painted to match the roof and not have exposed reflective metal. Additional venting is encouraged to be in a placement where it is least visible. Optimally on the rear of the existing or proposed addition. Definitely not on the historic structure.)
Nick Johnson, Arapahoe Architects, Agent for Father Dyer: The scale of the siding in the previous submittal was showing closer to an 8 inch siding. The proposed siding size was corrected to match the size of the of the existing. We did lower the bellyband by one foot and the window sills were raised by one foot. Regarding venting, we haven’t gotten to that point of design yet, but it will be located on the back of the existing addition or new addition. Mr. Swintz: On what basis was the trash enclosure sized? Is the trash enclosure large enough? (Nick
Johnson: Yes we believe the trash enclosure is large enough based on the current usage to accommodate the three roll-off trash cans used by the facility.) (Mr. Kulick: The applicant’s typical procedures for waste disposal are one 90 gallon can is used for waste, cardboard and recycling is removed from the facility within a day as well as compost. Based on this we feel the trash enclosure is adequately sized.)
Mr. Swintz: The gas meter on the east elevation is currently covered by a roof but it should be better screened. Do we have a viable project without the solar? Why are you advocating for the solar? (Nick Johnson: It is part of the goal to incorporate the solar because of the sustainability aspect. It makes sense to add the solar at this time during construction.)
The Chair opened the hearing to public comment. No public comment and the hearing was closed. Ms. Delahoz: 1. Yes 2. Yes, the new window looks great. It does comply. 3. Yes, 3 points for the
easement. 4. I appreciate the church working with the Commissioners’ comments and coming back with changes. New window elements on the west side look much more balanced and in line with the area’s historical character. The new addition is needed for the church and I am excited to see it get off the ground.
Mr. Frechter: 1. Yes 2. Yes, changes through the hearings have made the whole project come together. 3. Yes. 4. No additional comments.
Mr. Giller: 1. Yes 2. Yes. 3. Yes Mr. Leas: This is a great project, sometimes it is difficult to understand what the Commission is
looking for, but you have done a good job. 1. Yes 2. Yes 3.Yes 4. No additional comments. Mr. Swintz: 1. Yes 2. Yes 3. Yes 4. I appreciate the efforts for sustainability and appreciate that
everyone on the panel is interested in alternative energy. How does the Town balance historic preservation with the effort for sustainability? Quotes design standard 69 code on solar panels: Locate solar panels so they are not visible from the street. It is my opinion these panels will clearly be visible from the road. This is a precedent setting issue. I think our town is best experienced on foot and these panels will be visible to pedestrians. There are trees that will block the panels, but they will be visible by people on foot. The wings of
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Town of Breckenridge Date 12/07/2021 Planning Commission Regular Meeting Page 3
the building might block the solar panels but not completely. The number of 24 panels seems massive. This is close to 1,000 square feet of solar panels so they will be evident. There are only six other buildings in the historic district (excluding the County building) which have solar panels, none are as visible as this proposal. We should do our best to preserve our historic nature. The historic district is a small microcosm of Town structures where we should avoid placing solar panels. Do we put a preference on sustainability or history? I hope history takes precedent.
Mr. Beckerman: 1. Yes, not overjoyed with corrugated metal, but it does fit the priority design standard. 2. Yes, the changes from triple to double hung windows has brought the windows into compliance. 3. Yes 4. I wanted to acknowledge the work the applicant did to make the architectural changes and make the design compliant. I do want to discuss the solar issue and Mr. Swintz’ comments. This is an important discussion where two good things are at odds--sustainable goals and historic preservation.
Mr. Leas: Mr. Swintz makes some very good points. There is a conflict of values, which should be discussed. The fact that panels are going on the non-historic addition does not dissuade the public from interpreting the whole building as historic. All of us support solar panels, but I am torn by your comments and they are valid. The Commission should discuss a little further.
Mr. Frechter: A lot is left for interpretation when discussing this issue and reading the code. The Town Council must decide, which is more important, sustainability or historic preservation? Based on what I read here, I think this is acceptable.
Mr. Beckerman: I agree that the words “overly” and “overly visible” in the code provides us with the ability to make a judgement. I think currently Town Council is more on the side of sustainability, than on historic preservation if they had to rank. And I think this project should move forward with those panels in place.
Mr. Swintz: As an alternative I would support the panels if they were downsized and on the west elevation.
Mr. Giller: This is close to a tipping point of too large an impact. It is on a secondary roof and painted to match the roof shingles. Within the historic district I would say preservation is more important than sustainability. The National Park Service and Secretary of the Interior standards and historic guidelines are evolving on solar panels. I would not be surprised if this project becomes a published example of how to integrate solar panels with a historic design. The scale is perhaps a little large, but this does get my vote.
Ms. Delahoz made a motion to approve the Father Dyer Addition, Landmarking, and Remodel at 310 Wellington Rd., PL-2021-0373; seconded by Mr. Giller. The motion passed 6 to 0. OTHER MATTERS:
1. Town Council Summary Mr. Truckey presented. The accessory dwelling units ordinance was approved after a second reading with a few minor changes. The Exterior Loudspeakers ordinance was also approved. Accommodation unit fees were passed. A $400 fee per bedroom will be implemented for 2022. Scheduled to increase to full amount in 2023. There is an exception for locals renting the home 21 days or less per year. The Tourism Overlay Task Force held a meeting today. A map has been generated showing three different zones. The level of short-term rental licensing in each zone has not been determined at this time. But the general idea is that some additional licensing will be allowed in Zone 1, there will be some reduction in licensing in Zone 2, and a significant reduction in licensing in Zone 3.
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Town of Breckenridge Date 12/07/2021 Planning Commission Regular Meeting Page 4
Exterior food and beverage areas. Some changes made by the Council including removing the requirement to bring density to the food and beverage area and the first 200 square feet of outdoor food and beverage area was exempted from the rules to provide relief for smaller businesses. Justice Center housing, a joint project between Breckenridge and Summit County, proposes 50-55 units on Airport Road. Likely pursuing modular housing through Fading West out of Buena Vista. Council has supported three stories for this project to get a higher number of units. A preliminary overview of the Alta Verde 2 workforce housing project was shown to the Council. The Council suggested some revisions and Gorman is reworking the plans for the project. A future work session on Alta Verde 2 will likely happen with the Planning Commission in January. ADJOURNMENT: The meeting was adjourned at 6:44 pm. ____________________________
Jay Beckerman, Chair
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Memo To: Breckenridge Town Council Members
From: Shannon Haynes, Assistant Town Manager
Date: 12/8/2021
Subject: Treetop Child Advocacy Center Lease
The second reading of the ordinance to continue to lease space in the Breckenridge Grand Vacations Community Center (BGVCC) to the Treetop Child Advocacy Center is scheduled for Council review on December 10th. There are no proposed changes from first reading.
I will be present at the work session to answer any questions.
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DRAFT FOR WORK SESSION ON 12.14.21 SECOND READING ON 12.14.21
Page 1
1 COUNCIL BILL NO. 2
3 Series 2021 4
5 An Ordinance Approving a Lease with Treetop Child Advocacy Center, a Colorado 6 nonprofit corporation. 7 8
WHEREAS, the Town of Breckenridge owns the real property commonly known as 9
“Breckenridge Grand Vacations Community Center” (hereinafter “Community Center”), located 10
at 103 South Harris Street in Breckenridge, Colorado; 11
WHEREAS, Treetop Child Advocacy Center, a Colorado nonprofit corporation, has 12
proposed to lease Rooms 001 and 001 A-B in the Community Center for the operation of a Child 13
Advocacy Center; 14
WHEREAS, a proposed Lease between the Town and Treetop Child Advocacy Center, a 15
Colorado nonprofit corporation, has been prepared, a copy of which is marked Exhibit “A”, 16
attached hereto and incorporated herein by reference; 17
WHEREAS, Section 15.4 of the Breckenridge Town Charter authorizes the Town to 18
lease real property; 19
WHEREAS, Section 1-11-4 of the Breckenridge Town Code requires that any real estate 20
lease entered into by the Town that exceeds one year in length must be approved by ordinance. 21
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN 22
OF BRECKENRIDGE, COLORADO: 23
Section 1. The proposed Lease between the Town and Treetop Child Advocacy Center, a 24
Colorado nonprofit corporation, copy of which is marked Exhibit “A”, attached hereto and 25
incorporated herein by reference, is approved, and the Town Manager is authorized, empowered, 26
and directed to execute such Lease for and on behalf of the Town of Breckenridge. 27
Section 2. The Town Council finds, determines, and declares that it has the power to 28
adopt this ordinance pursuant to the authority granted to home rule municipalities by Article XX 29
of the Colorado Constitution and the powers contained in the Breckenridge Town Charter. 30
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DRAFT FOR WORK SESSION ON 12.14.21 SECOND READING ON 12.14.21
Page 2
Section 3. This ordinance shall be published and become effective as provided by 1
Section 5.9 of the Breckenridge Town Charter. 2
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED 3
PUBLISHED IN FULL this ____ day of _____, 2021. A Public Hearing shall be held at the 4
regular meeting of the Town Council of the Town of Breckenridge, Colorado on the ____ day of 5
_________________, 2021. 6
7
TOWN OF BRECKENRIDGE, a Colorado 8
municipal corporation 9
10
11
12
By:______________________________ 13
Eric S. Mamula, Mayor 14
15
ATTEST: 16
17
18
19
_________________________ 20
Helen Cospolich 21
Town Clerk 22
23 24 25 26 27
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Page6
BRECKENRIDGE GRAND VACATIONS COMMUNITY CENTER OFFICE LEASE THIS LEASE ("Lease") is made and entered into effective the ____ day of _____, 2022 between the TOWN OF BRECKENRIDGE, a Colorado municipal corporation ("Landlord") and TREETOP CHILD ADVOCACY CENTER, a Colorado nonprofit corporation ("Tenant"). Landlord and Tenant are sometimes collectively referred to in this Lease as the Parties", and individually as a "Party."
ARTICLE 1 - BASIC LEASE PROVISIONS
1.1. Leased Premises. In consideration of Tenant's payment of rent and
the keeping of the promises, covenants, and conditions required of Tenant by this Lease, Landlord leases to Tenant, and Tenant leases from Landlord, for the term and upon the conditions of this Lease, the premises known as Rooms 001 and 001A-B in the "Breckenridge Grand Vacations Community Center," 103 South Harris Street, Breckenridge, Summit County, Colorado 80424 ("Leased Premises"). The Leased Premises are depicted on the attached Attachment "A", which is incorporated into this Lease by reference. The building in which the Leased Premises are located is referred to in this Lease as the "Building."
1.2. Use Of Premises. Tenant may use the Leased Premises only as a
business office and advocacy center unless Landlord gives its advance written consent to another use.
1.3. Square Footage. Landlord and Tenant agree that the Leased
Premises contain 787 net square feet, and that this amount will be used to calculate the rent for the Leased Premises.
1.4. Shared Use Space. Tenant and its agents, employees, and invitees,
have the non-exclusive right with others designated by Landlord to the use the common areas of the Building for the common areas' intended and normal purposes. Common areas include sidewalks, parking areas (as described in Section 1.6), hallways, stairways, public restrooms, common entrances, lobby, other similar public areas and access ways, the kitchen, and the Community Room ("Shared Use Spaces"), subject to their availability. The Community Room must be booked by Tenant in advance and no assurance is given of any particular availability of the Community Room. No common space may be used for storage and the kitchen and Community Room must be cleaned after every use.
1.5. Term.
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A. The term of this Lease ("Term") will begin on February 1,
2022 ("Commencement Date") and will end, unless sooner terminated as hereafter provided, on January 31, 2024.
B. Either Landlord or Tenant may terminate this Lease, without cause and without liability for breach of this Lease, by giving the other Party 6 months' written notice of termination. A Party may not terminate this Lease under this Subsection B if it is in default when the notice of termination is given.
1.6. Parking. Subject to availability, Tenant and Tenant's employees
and invitees will be allowed to use the Building's shared parking lot ("Parking Lot"). No parking spaces within the Parking Lot will be specifically assigned for Tenant's exclusive use.
1.7. Compliance With Laws. Tenant, at Tenant's sole cost and
expense, will comply with all laws, ordinances, orders, and regulations of all governmental authorities with respect to the use of the Leased Premises. Landlord warrants that, to the best of its actual knowledge, on the Commencement Date, the Leased Premises will comply with all applicable laws, ordinances, orders, and regulations of governmental authorities. A judgment of any court of competent jurisdiction or the admission of Tenant in any action or proceeding against Tenant, whether Landlord is a party to such action or proceeding or not, that Tenant has violated any law, ordinance, requirement, or order in the use of the Leased Premises will be conclusive of the fact as between Landlord and Tenant.
1.8. Surrender of Leased Premises. A. Upon expiration or earlier termination of this Lease Tenant
will surrender the Leased Premises to Landlord in substantially the same condition as existed on the Commencement Date, broom clean, ordinary wear and tear excepted. Not later than the last day of the Term, Tenant will remove its personal property and trade fixtures from the Leased Premises. The cost of such removal will be borne by Tenant, and Tenant will repair all injury or damage done to the Leased Premises in connection with the installation or removal of Tenant's personal property and trade fixtures. All of Tenant's fixtures and trade fixtures that are so attached to the Leased Premises that they cannot be removed without material injury to the Leased Premises will, at Landlord's option, become the property of Landlord upon installation and will remain with the Leased Premises upon surrender.
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B. Landlord may retain or dispose of any personal property or fixtures (including trade fixtures) left remaining by Tenant upon the Leased Premises upon the expiration or earlier termination of this Lease, provided Landlord first delivers 15 days' written notice to Tenant, identifying the property remaining on the Leased Premises and stating whether Landlord intends to retain or dispose of the property, and Landlord affords Tenant reasonable opportunity to remove the property during such 15 day period. Landlord will not be accountable to Tenant for any damages for the loss or destruction of such property, or for any part of the proceeds of sale, if any, realized by Landlord, provided Landlord complies with the terms of this Section. Tenant waives all claims against Landlord for any damages suffered by Tenant resulting from Landlord's retention or disposition of such personal property or fixtures (including trade fixtures) if Landlord complies with the terms of this Section.
ARTICLE 2 - RENT
2.1. Rent. A. The total rent to be paid by Tenant during the first year of
the Term, February 1, 2022 until January 31, 2023, is Eleven Thousand One Hundred Seventy Eight and 48/100 Dollars ($11,178.51). Tenant promises to pay such amount to Landlord. The rent is payable to Landlord in advance in monthly installments of Nine Hundred Thirty One and 54/100 Dollars ($931.54) each ("Monthly Rent").
B. The total rent to be paid by Tenant during the second year of
the Term, February 1, 2023 until January 31, 2024, is Eleven Thousand Five Hundred Thirteen and 88/100 Dollars ($11,513.88). Tenant promises to pay such amount to Landlord. The rent is payable to Landlord in advance in monthly installments of Nine Hundred Fifty Nine and 49/100 Dollars ($959.49) each ("Monthly Rent").
C. The Monthly Rent has been calculated based on $14.20 per
square foot for each square foot of the Leased Premises as described and agreed in Section 1.3 for the first year of the Term. The calculation of the Monthly Rent for year two will increase 3% to $14.63per square foot.
D. The Monthly Rent is due and payable to Landlord on the
first day of each month. The Monthly Rent will be paid, without deduction, setoff, prior notice, or demand. If the Term begins on any day other than the first day of the month, or ends on any day other than the last day of month, the Monthly Rental will be prorated accordingly.
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E. A late charge of 5% will be paid on any installment of Monthly Rent not received by Landlord within five days of the due date.
F. Any amount due to Landlord from Tenant under this
Lease that is not specifically identified as "rent" or "Monthly Rent" is additional rent.
G. Interest On Monthly Rent. Tenant will pay interest to
Landlord on any installment of Monthly Rental that is 30 days or more past due at the rate of 8% per annum commencing on the date the installment of Monthly Rent is due and continuing until the date such installment of Monthly Rent is fully paid.
H. Interest On Other Amounts. Tenant will pay interest to
Landlord on any amount other than Monthly Rental that is due to Landlord under this Lease at the rate of 8% per annum commencing 30 days after Landlord has provided Tenant with written notice that such sum is past due and continuing until the date the past due amount is fully paid.
I. Landlord's Lien and Security Interest. Landlord has a first
security interest and a lien for all rent and other sums of money becoming due hereunder from Tenant upon all goods, wares, equipment, fixtures, furniture, inventory and other personal property of Tenant situated in or located upon the Leased Premises, and such property may not be removed from the Leased Premises without the express written consent of Landlord until all arrearages in rent and other sums of money then due to Landlord under this Lease have first been paid. Upon the occurrence of any event of default by Tenant, Landlord may foreclose the security interest and lien in the manner provided by law.
Landlord may file a financing statement (and necessary extensions, renewals or replacements thereof throughout the Term of this Lease) in a form legally sufficient to perfect its security interest and lien granted pursuant to this Section. Tenant will execute such documents as may be required during the Term to maintain the validity and priority of the security interest and lien provided or in this Section.
ARTICLE 3 - LANDLORD'S DISCLAIMER AND
EXCULPATORY PROVISION
3.1. Landlord’s Non-liability. As between the Parties, Tenant, as a material p a r t of the consideration to Landlord, assumes all risk of damage to property or injury to persons in or upon the Leased Premises from any cause other
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than Landlord's negligence or intentional wrongful act, and Tenant waives all claims in respect thereof against Landlord.
ARTICLE 4 - UTILITIES AND SERVICES
4.1. Utilities And Services.
A. Utilities. Landlord will provide at its expense the following
utility services for the Leased Premises:
(i) all water necessary for Tenant's operations at the Leased Premises;
(ii) all sewer service necessary for Tenant's operations at the Leased Premises;
(iii) all natural gas necessary for Tenant's operations at the Leased Premises;
(iv) all electricity necessary for Tenant's operations at the Leased Premises; and
(v) trash and recycling services for 103 S. Harris Street, which will be made available to Tenant.
B. Tenant's Telephone and Internet. Tenant will pay for Tenant's
telephone and internet service (if any) at the Leased Premises. Tenant will cause any contracts for its telephone and internet service to be placed solely in Tenant's name. Tenant will pay all charges for such services as they become due.
ARTICLE 5 - REPAIRS, MAINTENANCE, SNOW REMOVAL, AND CLEANING
5.1. Maintenance. A. Landlord's Repairs. Except for required maintenance, repairs, and upkeep
for which Tenant is liable under Subsection B, Landlord will pay for and make all required repairs to the Building and the Leased Premises, including:
(i) roof;
(ii) foundation;
(iii) exterior walls;
(iv) interior structural walls (excluding finish and trim of these walls);
(v) all other structural components;
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(vi) the water, sewer, plumbing system and plumbing fixtures located
outside of the walls of the building located on the Leased Premises; and
(vii) the mechanical, electrical, and heating/ventilation systems.
B. Tenant To Reimburse Landlord For Repairs; When. Tenant will
reimburse Landlord for any maintenance, repair, and upkeep to the Building or the Leased Premises that Landlord is required to make that is caused by the negligence, misuse, or willful act of Tenant or its employees or invitees.
5.2. Time For Repairs. Required repairs or maintenance will be
completed within a reasonable time (depending on the nature of the repair or maintenance needed) after receiving notice or having actual knowledge of the need for the repair or maintenance.
5.3. Snow Removal. Landlord will provide all necessary snow and ice
plowing and removal from the Parking Area, and the sidewalks and entry areas of the Leased Premises.
5.4. Cleaning of Shared Space. Landlord will provide any required
cleaning of the Shared Space.
5.5. Cleaning of Leased Premises. Tenant will provide its own janitorial service to provide periodic cleaning of the Leased Premises.
ARTICLE 6-TAXES
6.1. Real Property Taxes.
(i) Possessory Interests. Pursuant to Section 39-3-105, C.R.S., all real or
personal property owned by Landlord is exempt from taxation. However, the Parties acknowledge that Tenant's occupancy and use of the Leased Premises pursuant to this Lease may be deemed to be a "taxable possessory interest" pursuant to Section 39-1-103(17)(a), C.R.S.
(ii) Tenant To Pay Real Property Taxes. Tenant will pay all real
property taxes lawfully assessed arising from its occupancy and use of the Leased Premises pursuant to this Lease, and Tenant will indemnify and defend Landlord from any such real property taxes. Tenant will pay all real property taxes in a timely manner. Upon Landlord's written request Tenant will provide to Landlord a photostatic copy of the receipt(s) or cancelled check(s) showing payment of the real property taxes. Tenant may pay any real property taxes in
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installments if permitted by law. (iii) Tenant's Right to Contest Real Property Taxes. If Tenant is liable
for the payment of any real property taxes arising from Tenant's occupancy and use of the Leased Premises pursuant to this Lease, Tenant may, at its sole expense, contest such real property taxes by the commencement and prosecution, in good faith and with due diligence, of appropriate legal proceedings. Tenant will make timely payment of such real property taxes if Tenant loses the contest. Tenant will advise Landlord prior to instituting any such contest and will, as a condition of exercising such right, provide Landlord such reasonable assurance as it may request that such contest will be in compliance with the provisions of this Section. Landlord, at Tenant's sole cost and expense, will reasonably cooperate with Tenant in any such contest; may join in the contest; and will execute and deliver such documents and instruments as may be necessary or appropriate for prosecuting an effective contest.
6.2. Personal Property Taxes. Tenant will pay when due all taxes,
assessments, fees, and other charges that are levied against Tenant's personal property or trade fixtures installed or located in or on the Leased Premises, and that become payable during the Term of this Lease. Within 10 days after demand, Tenant will furnish Landlord with satisfactory evidence of such payments.
ARTICLE 7 - TENANT'S NEGATIVE OBLIGATIONS
7.1. Alterations.
A. "Alterations" means alterations, additions, substitutions, installations,
changes, and improvements to the Leased Premises.
B. No Alteration may be undertaken until Tenant has obtained approval of plans and specifications for such Alteration from Landlord, acting in its capacity as owner of the Leased Premises (and not in its governmental capacity). Landlord's consent will not be unreasonably withheld or unduly delayed for nonstructural interior Alterations that do not adversely affect the Building's appearance, value, and structural strength or integrity.
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C. All work done in connection with the construction of an Alteration must be done in a good and workmanlike manner and in material conformity with the plans and specifications that are approved by Landlord.
D. The construction of an approved Alteration must be prosecuted with
reasonable dispatch, subject to delays caused by force majeure events (See Section 14.20).
E. Any Alteration made by Tenant to the Leased Premises will become the
property of Landlord; will be considered as part of the Leased Premises; and will not be removed from the Leased Premises by Tenant upon the expiration or earlier termination of this Lease.
7.2. Signs. Tenant may not post, place, affix, erect, or display any sign within
or outside of the Leased Premises, or within or outside the Building, without Landlord's prior approval. As used in this Section, the term "sign" has the meaning provided in the Breckenridge Town Code, as amended from time to time throughout the Term of this Lease In considering Tenant's request to place a sign within or outside of the Leased Premises or the Building, Landlord acts in its capacity as landlord of the Leased Premises, and not in its governmental capacity. Landlord may remove any sign placed within or outside of the Leased Premises or the Building in violation of this Section. In addition to obtaining Landlord's discretionary permission as described above, Tenant must also obtain any required sign permit from Landlord acting in its governmental capacity. Tenant must maintain all signs located within or outside of the Leased Premises in good, clean, and attractive condition. Tenant must remove all signs placed by Tenant within or outside of the Leased Premises and Building at the expiration or earlier termination of this Lease, and repair any damage or injury caused thereby. If not so removed by Tenant, Landlord may remove such sign(s) at Tenant's expense.
7.3. Assignment And Subletting. Tenant may not assign, sublet, license, or
allow any other person or entity to occupy or use any or all of the Leased Premises without first obtaining Landlord's prior written consent. Any assignment, encumbrance, sublease, or license without Landlord's prior written consent will be voidable and, at Landlord's election, will constitute a default under this Lease. No consent by Landlord to any of the above acts will constitute a further waiver of the provisions of this Section.
If Landlord chooses to consent to an assignment or sublease, Tenant may be
required, as a condition of granting consent, to pay Landlord's reasonable costs incurred in considering the proposed assignment or sublease including, but not limited to, legal fees and credit checks, in a total amount not to exceed $1,000.
7.4. Waste or Nuisance. Tenant will not commit or permit to be committed
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any waste upon the Leased Premises. Tenant will not commit or permit to be committed upon the Leased Premises any public or private nuisance, or any other act or thing prohibited by law.
7.5. Liens. Tenant will not permit any lien to be filed against the Leased
Premises or the Building, including, but not limited to, a lien arising out of any work performed, materials furnished or obligations incurred by Tenant. The indemnification provisions of this Lease will apply to any such lien. If, because of any act or omission of Tenant, and resulting from Tenant's work on the Leased Premises, any mechanic's or other lien, charge or order for the payment of money is filed against the Leased Premises or the Building, Tenant will, at its own cost and expense, cause the same to be discharged of record or bonded within 90 days from the filing of the lien. Prior to commencing the construction of any Alteration upon the Leased Premises, Tenant will post and keep posted notice of Landlord's non-liability of the Leased Premises pursuant to Section 38-22-105, C.R.S.
ARTICLE 8 - INSURANCE
8.1. Landlord's Building Insurance. Landlord agrees, at Landlord's sole
expense, to keep the Building insured against damage or destruction by fire, earthquake, vandalism, and other perils in the amount of its full replacement value, as such value may exist from time to time.
8.2. Tenant's Liability Insurance. Tenant agrees, at Tenant's sole expense,
to maintain commercial general liability insurance covering Tenant's operations on the Leased Premises with minimum combined single limits of not less than One Million Dollars ($1,000,000). The policy will be applicable to all premises and operations. The policy will include coverage for bodily injury, broad form property damage (including completed operations), personal injury, blanket contractual, products, and completed operations. Tenant's liability insurance policy will be endorsed to include Landlord as an additional insured.
8.3. Tenant's Property Insurance. Tenant agrees, at Tenant's sole expense,
to keep its personal property and trade fixtures located in or upon the Leased Premises insured with "all risks" insurance in an amount to cover one hundred percent (100%) of the replacement cost of the property and the fixtures.
8.4. Tenant's Activities Not to Increase Insurance Rates. Tenant will not
do anything in or about the Leased Premises that will materially increase Landlord's insurance rates on the Leased Premises. Tenant agrees to pay to Landlord upon demand the amount of any increase in premiums for Landlord's insurance specifically resulting from the above, whether or not Landlord will have consented to the act on
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the part of Tenant. If Tenant installs any electrical equipment that overloads the lines in the Leased Premises, Tenant will make whatever changes are necessary to comply with the requirements of the insurance underwriters and governmental authorities having jurisdiction.
8.5. Additional Insurance Provisions. Every policy required above will be
primary insurance. The Party required to procure and maintain a particular insurance policy will be solely responsible for any deductible losses under such policy. Every policy of insurance required by this Section will be maintained during the entire Term of this Lease.
8.6. Insurance Criteria. Insurance policies required by this Lease will:
A. be issued by insurance companies licensed to do business in the
State of Colorado with general policyholder's ratings of at least A and a financial rating of at least XI in the most current Best's Insurance Reports available at the time such insurance is to be procured; and
B. provide that the insurance cannot be cancelled or materially changed
in the scope or amount of coverage unless 15 days' advance notice is given to the nonprocuring Party.
8.7. Evidence of Insurance. Prior to the commencement of this Lease, each
Party will give certificates of insurance to the other Party evidencing compliance with the requirements of this Section. The policies will be renewed or replaced and maintained by the Party responsible for such policy throughout the Term of this Lease to assure continuous coverage. If either Party fails to give the required certificate within 30 days after notice or demand for it, the other Party may obtain and pay for the insurance and receive reimbursement from the Party required to have the insurance.
8.8. No Interest in Insurance Proceeds. Landlord has no interest in proceeds
of any insurance carried by Tenant on Tenant's interest in this Lease, and Tenant has no interest in the proceeds of any insurance carried by Landlord.
ARTICLE 9 - INDEMNIFICATION
9.1. Indemnification By Tenant. To the fullest extent permitted by law,
Tenant will indemnify and hold Landlord harmless against and from any and all claims arising from:
A. the conduct of Tenant's business upon the Leased Premises;
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B. any activity, work, or other thing done, permitted or suffered by Tenant in or about the Leased Premises;
C. any and all claims arising from any breach or default in the performance
of any obligation on Tenant's part to be performed under the terms of this Lease;
D. any and all claims arising from any intentional or negligent act of Tenant, or any agent, employee, contractor, or invitee of Tenant; and
E. all costs, attorney's fees, and liabilities incurred in the defense of any
claim for which indemnification is required under this Section.
Tenant, upon notice from Landlord, will defend the same at Tenant's expense by counsel reasonably satisfactory to Landlord.
9.2. Survival of Indemnity Obligation. The indemnity obligations required
by Lease will survive the termination or expiration of this Lease, and will continue to be enforceable thereafter, subject however to statutory and equitable limitation periods.
ARTICLE 10 - DAMAGE TO LEASED PREMISES
10.1. Damage To or Destruction Of Leased Premises. If the Leased
Premises are damaged by fire or other perils that are fully covered by Landlord's insurance, Landlord will promptly repair the damage, and this Lease will remain in full force and effect, except that Tenant will be entitled to terminate this Lease or obtain a proportionate reduction of the rent from the date of damage and while such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and the making of such repairs will reasonably interfere with the business carried on by Tenant in the Leased Premises. If the damage is due to the fault or neglect of Tenant, its employees or invitees, there will be no abatement of rent. If the Leased Premises are damaged as a result of any cause other than the perils covered by Landlord's building insurance, then Landlord will not be obligated to repair or rebuild the Leased Premises, and either Party may terminate this Lease by giving the other Party 30 days' notice in accordance with the provisions of Section 14.5 of this Lease.
ARTICLE 11- DEFAULT
11.1. Default By Tenant. The occurrence of any one or more of the
following events will constitute a default and breach of the Lease by Tenant:
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A. The abandonment of the Leased Premises by Tenant.
B. The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant pursuant to this Lease, as and when due, where such failure continues for a period of 10 days after service of written notice by Landlord to Tenant.
C. The failure by Tenant to observe or perform any of the other covenants,
conditions or provisions of this Lease to be observed or performed by Tenant, or to obey rules promulgated by Landlord in accordance with Section 13.1 of this Lease, within 20 days after service of written notice by Landlord to Tenant. In the event of a non-monetary default that is not readily susceptible of being corrected within 20 days, Tenant will not be default if it commences correcting the default within 20 days of service of a demand for compliance notice and thereafter corrects the default with due diligence.
11.2. Landlord's Remedies Upon Default. In addition to the remedies given
in this Lease or under the law, Landlord may do any one or more of the following if Tenant is in default under this Lease;
A. Terminate this Lease, and Tenant will then surrender the Leased
Premises to the Landlord;
B. Enter and take possession of the Leased Premises, either with or without process of law, and remove Tenant, with or without having terminated this Lease; or
C. Alter the locks and security devices at the Leased Premises.
Tenant waives claims for damages by reason of Landlord's reentry, repossession, or alteration of the locks or other security devices at the Leased Premises, and for damages by reason of any legal process.
11.3. No Surrender. Landlord's exercise of any of its remedies or its receipt of
Tenant's keys to the Leased Premises will not be considered an acceptance or surrender of the Leased Premises by Tenant. A surrender must be agreed to in a writing signed by both Landlord and Tenant.
11.4. Default By Landlord. Landlord will be in default under this Lease if
Landlord fails to comply with any of the terms, provisions or covenants of this Lease within 20 days following service of written notice by Tenant. In the event of a non-monetary default that is not capable of being corrected within 20 days, Landlord will not be default if Landlord commences correcting the default within 20 days of receipt
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of notification and thereafter correct the default with due diligence.
11.5. Tenant's Remedies Upon Default. If Landlord is in default under this Lease, Tenant will have all of the remedies provided for in such circumstances by Colorado law.
11.6. Self-Help. If either Party defaults under this Lease ("Defaulting Party") the
other Party ("Nondefaulting Party") may, without being obligated and without waiving the default, cure the default. The Nondefaulting Party may enter the Leased Premises or the Building to cure the default. The Defaulting Party shall pay the Nondefaulting Party, upon demand, all costs, expenses, and disbursements incurred by the Nondefaulting Party to cure the default.
11.7. Survival. The remedies permitted by this Article 11 will survive the
termination of this Lease.
ARTICLE 12 - NONDISTURBANCE
12.1. Quiet Enjoyment. Subject to the terms and conditions of this Lease, Landlord covenants that so long as the rent for the Leased Premises is paid as and when due, and there is no default in any of the other covenants, conditions or provisions of this Lease to be performed, observed or kept by Tenant, Tenant will peaceably and quietly hold and enjoy the Leased Premises for the entire Term of this Lease.
ARTICLE 13 - LANDLORD'S RIGHTS
13.1. Rules. In order to address matters that are not addressed in this Lease, or
matters that arise after the commencement of this Lease, Landlord may adopt reasonable rules and regulations with respect to the Leased Premises. Tenant, its employees and invitees, must faithfully observe and comply with any written rules and regulations with respect to the Leased Premises that are delivered to Tenant by Landlord during the Term of this Lease. No rule adopted by Landlord may unreasonably interfere with Tenant's conduct of its business or Tenant's use and enjoyment of the Leased Premises, or require payment of additional moneys by Tenant. If a rule adopted by Landlord conflicts with or is inconsistent with any Lease provision, the Lease provision controls.
13.2. Holdover. If Tenant continues to hold possession of the Leased Premises
after the natural expiration of the Term of this Lease (without complying with the
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applicable provisions related to the options to renew herein granted), then such holding over will not be deemed a renewal of the Lease for the whole Term, but Tenant will be deemed to be a tenant from month to month only, at the same Monthly Rent herein specified; EXCEPT Landlord may, at Landlord's option, increase the Monthly Rent to an amount not more than 125% of the Monthly Rent described in Section 2.1 for any holdover period upon 10 days' prior written notice to Tenant.
13.3. Inspection And Entry. Except in case of a verifiable and actual
emergency (in which event no advance notice will be required) Tenant agrees that Landlord and Landlord's authorized representatives may enter the Leased Premises following at least 48 hours' advance notice to Tenant during reasonable hours for the purposes of inspecting the Leased Premises. Tenant may require that Landlord be accompanied at all times by a representative of Tenant and Landlord will comply with Tenant's security procedures. Except in case of a verifiable and actual emergency, Tenant may specify the times when Landlord's entry will be permitted. Landlord will minimize any interference with Tenant's business. Subject to the foregoing, Tenant further agrees that Landlord may go upon the Leased Premises and:
A. make any necessary repairs to the Leased Premises and perform any
work that may be necessary to comply with any laws, ordinances, rules or regulations of any public authority, or that Landlord may deem necessary to prevent waste or deterioration of the Leased Premises;
B. make repairs that Landlord is required to perform under the terms of this
Lease;
C. post any notice provided for by law; or
D. otherwise protect any and all rights of Landlord.
Nothing in this Section implies any duty on the part of Landlord to do any work that under any provision of this Lease Tenant may be required to do, nor will it constitute a waiver of Tenant's default in failing to do the same. No reasonable exercise by Landlord of any rights herein reserved will entitle Tenant to any damage or compensation of any kind from Landlord for any injury, loss, damage or inconvenience occasioned thereby, nor to any abatement of rent.
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ARTICLE 14 - MISCELLANEOUS
14.1. Governmental Immunity. Landlord is relying on, and does not waive or intend to waive by any provision of this Lease, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to Landlord, its officers, or its employees.
14.2. Hazardous Materials - Prohibited. Tenant will not store or permit the
storage on the Leased Premises of any type of hazardous or similar material that is regulated by federal, state, or local regulation, except Tenant may store and use materials customarily used in the operation and maintenance of a business office that do not violate applicable laws.
14.3. Attorney’s Fees/Costs. If any action is brought in a court of law by
either Party to this Lease concerning the enforcement, interpretation or construction of this Lease, the prevailing Party, either at trial or upon appeal, will be entitled to reasonable attorney's fees, as well as costs, including expert witness' fees, incurred in the prosecution or defense of such action.
14.4. Governing Law; Venue; Waiver of Jury Trial. This Lease is to be
interpreted in accordance with the laws of the State of Colorado without regard to principles of conflicts of laws. Venue for any legal action arising out of this Lease will be proper only in Summit County, Colorado. BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL IN ACTION TO ENFORCE, INTERPRET OR CONSTRUE THIS AGREEMENT.
14.5. Notices. Whenever under this Lease a provision is made for notice or
demand of any kind, notice will be in writing and will be signed by or on behalf of the Party giving or making the same, and it will be deemed sufficient notice and service thereof if notice is to Tenant and sent by registered or certified mail, postage prepaid, to the last Post Office address of Tenant furnished to Landlord for this purpose; and if to Landlord, sent by registered or certified mail, postage paid, to Landlord at the address furnished for this purpose, or to the place then fixed for the payment of rent.
Tenant's initial address for notice is:
The TreeTop Center C/O Summit County Human Services
Krista Burdick P.O. Box 869
Frisco, Colorado 80443
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Landlord's initial address for notice is:
Town Manager
Town of Breckenridge P.O. Box 168
Breckenridge, Colorado 80424 Any notice with respect to this Lease that is specifically required or provided for by Colorado law must be served in the manner provided by Colorado law for the service of such notice. Nothing in this Section will prevent the giving of notice in such manner as is prescribed by the Colorado Rules of Civil Procedure for the service of legal process.
14.6. Complete Agreement. It is understood and agreed that this Lease
contains the complete and final expression of the agreement between the Parties, and there are no promises, representations, or inducements except as are set forth in this Lease. All negotiations, considerations, representations, and understandings between the Parties related to this Lease are contained in this Lease.
14.7. Amendment. This Lease may not be modified except by a written
agreement signed by both Landlord and Tenant. Oral modifications of this Lease are not permitted.
14.8. Captions. The headings of the articles and sections in this Lease are for
convenience only and do not define, limit, or construe the contents of the, sections and subsections.
14.9. Waiver. The failure of either Party to exercise any of its rights under
this Lease is not a waiver of those rights. A Party waives only those rights specified in writing and signed by the Party waiving such rights.
14.10. Severability. If any provision of this Lease is held invalid, illegal, or
unenforceable, the validity, legality and enforceability of the remaining provisions of this Lease are not affected or impaired in any way.
14.11. Annual Appropriation. Financial obligations of Landlord under this
Lease payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available by the Town Council of the Town of Breckenridge, Colorado. If sufficient funds are not made available, this Lease may be terminated by either Party without penalty. Landlord's obligations under this Lease do not constitute a general obligation indebtedness or multiple year
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direct or indirect debt or other financial obligation whatsoever within the meaning of the Constitution or laws of the State of Colorado.
14.12. No Adverse Construction Based On Authorship. Each of the Parties
stipulate and agree that it had the opportunity to participate in the drafting of this Lease. This Lease is not to be construed against either Party by virtue of such Party having drafted this Lease.
14.13. Landlord's Consent Or Approval. Except as otherwise expressly
provided to the contrary in this Lease, wherever in this Lease it is provided that some act requires Landlord's prior consent or approval, such consent or approval may be granted, withheld, or conditionally approved in Landlord's sole and absolute discretion.
14.14. "Day" Defined. Unless otherwise indicated, the term "day" means a
calendar day (and not a business day).
14.15. "Will" or "Will Not" Defined. "Will" or "will not" indicates a mandatory obligation to act or to refrain from acting as specifically indicated in the context of the sentence in which such word is used.
14.16. Authority. The individuals executing this Lease on behalf of each of
the Parties have all requisite powers and authority to cause the Party for whom they have signed to enter into this Lease and to bind such to fully perform the obligations required of such Party under this Lease.
14.17. Third Parties. There are no third party beneficiaries of this Lease.
14.18. Lease Not To Be Recorded. This Lease WILL NOT BE
RECORDED with the Clerk and Recorder of Summit County, Colorado. The recording of this Lease by Tenant will constitute a default under this Lease.
14.19. Time of Essence. Time is of the essence of this Lease.
14.20. Force Majeure. Neither Party is liable to the other for any failure,
delay, or interruption in the performance of any of the terms, covenants or conditions of this Lease due to causes beyond the control of that Party, including, without limitation, strikes, boycotts, labor dispute, embargoes, shortages of materials, acts of God, acts of the public enemy, terrorism, acts of superior governmental authority, weather conditions, floods, riots, rebellion, pandemics, sabotage or any other circumstance for which such Party is not responsible or that is not in its power to control.
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14.21. Binding Effect. The covenants, conditions, and obligations contained in
this Lease extend to, bind, and inure to the benefit of, not only the Parties hereto, but their respective successors and permitted assigns.
LANDLORD: TOWN OF BRECKENRIDGE By: ______________________________ Rick G. Holman, Town Manager ATTEST: _________________________ Helen Cospolich, CMC, Town Clerk TENANT: TREETOP CHILD ADVOCACY CENTER,
a Colorado nonprofit corporation By: _______________________________ Title: ______________________________
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1
Memo
To: Town Council
From: Mark Truckey, AICP, Community Development Director
Date: December 7, 2021 (for meeting of December 14, 2021)
Subject: Clarification to Policy 24R Regarding Recreation And Leisure Amenities
In March 2020, the Council adopted an amendment to the Town’s Development Code
under Policy 24R, Subsection D. that eliminated Recreation and Leisure Amenities from
qualifying for positive or negative points. The Policy still allowed meeting rooms and
conference facilities to qualify for positive and negative points under the Code.
In August 2021, the Council adopted Code amendments regarding “Amenity Clubs”. A
part of that amendment made modifications to the same Policy 24R, Subsection D. During
the modification process, the positive points for Recreation and Leisure Amenities were
inadvertently reinstated. It appears the reason this occurred was that the online version of
the Code still included the old language that allowed positive points for amenity spaces (the
language had not been updated by the codifier to reflect the 2020 change) and the online
Code language was copied for the 2021 Amenity Club code language changes.
In doing other research staff recently discovered this error, as it has been the clear intent of
the Council to not allow positive points for amenity spaces. The attached ordinance will
correct this error, along with a couple other minor issues:
Eliminates Recreation and Leisure Amenities from qualifying for positive points.
Removes negative points under the same Subsection. We believe this was inadvertently
included in the adopted language, based on previous discussions about assigning
negative points to an Amenity Club if the space had previously received positive points
as amenity space. The Council’s final decision on Amenity Clubs required that most
of the square footage associated with Amenity Clubs would require commercial
density.
The square footage provision at the bottom of the Subsection is proposed to be
eliminated because the same provision is already found under Policy 4R and with the
elimination of Recreation and Leisure Amenities from the above paragraph, there is no
reason to discuss amenity spaces further under 24R Subsection D.
Staff apologizes for any confusion this causes and will be available at Tuesday’s meeting
to discuss further.
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FIRST READING ON 12.14.21
Page 1
1
COUNCIL BILL NO. 2
Series 2021 3
4 AN ORDINANCE AMENDING CHAPTER 1, TITLE 4 OF THE BRECKENRIDGE 5 TOWN CODE CONCERNING AMENITY CLUBS. 6
7
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, 8
COLORADO: 9
Section 1. That subsection D of section 9-1-19-24R, entitled “POLICY 24 10
(RELATIVE) SOCIAL COMMUNITY”, of the Breckenridge Development Code shall be amended 11
by deleting the language stricken and adding the language underlined, to read as follows: 12
9-1-19-24R: POLICY 24 (RELATIVE) SOCIAL COMMUNITY: 13
3 x (-2/+2) D. Meeting And Conference Rooms Or Recreation And Leisure Amenities: 14
The provision of meeting and conference facilities or recreation and leisure amenities, over and 15
above that required in section 9-1-19-24A, “Policy 24 (Absolute) The Social Community”, 16
subsection A, of this chapter is strongly encouraged. (These facilities, when provided over and 17
above that required in section 9-1-19-24A, “Policy 24 (Absolute) The Social Community”, 18
subsection A, of this chapter, shall not be assessed against the density and mass of a project 19
when the facilities are legally guaranteed to remain as meeting and conference facilities or 20
recreation and leisure amenities, and they do not equal more than 200 percent of the area 21
required under section 9-1-19-24A, “Policy 24 (Absolute) The Social Community”, subsection A, 22
of this chapter.) 23
24
The square footage of any portion of previously approved Recreation and Leisure Amenity 25
space that is proposed to be converted into an Amenity Club that is above the allowed mass 26
specified in Section 9-1-19-4R shall be treated as commercial density. 27
Section 2. Except as specifically amended hereby, the Breckenridge Town Code, and 28
the various secondary codes adopted by reference therein, shall continue in full force and effect. 29
Section 3. The Town Council finds, determines and declares that this ordinance is 30
necessary and proper to provide for the safety, preserve the health, promote the prosperity, and 31
improve the order, comfort and convenience of the Town of Breckenridge and the inhabitants 32
thereof. 33
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DRAFT FOR WORK SESSION ON 12.14.21
FIRST READING ON 12.14.21
Page 2
Section 4. This ordinance shall be published and become effective as provided by 1
Section 5.9 of the Breckenridge Town Charter. 2
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED 3
PUBLISHED IN FULL day of December 14, 2021. A Public Hearing shall be held at the regular 4
meeting of the Town Council of the Town of Breckenridge, Colorado on the ___ day of ____, 5
2021, in the Municipal Building of the Town. 6
7
TOWN OF BRECKENRIDGE, a Colorado 8
municipal corporation 9
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By______________________________ 13
Eric S. Mamula, Mayor 14
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ATTEST: 16
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_________________________ 20
Helen Cospolich, CMC, 21
Town Clerk 22
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APPROVED AS TO FORM 26
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_____________________ 30
Town Attorney 31
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1
Memo
To: Town Council
From: Rick G. Holman, Town Manager
Date: 12/6/2021
Subject: Resolution to Approve 2nd Amendment to Employment
Agreement for Town Manager
The attached Resolution if approved will allow the Mayor to sign the 2nd Amendment to Employment Agreement for Rick G. Holman. My current employment agreement expires on January 1, 2022. This 2nd amendment will extend the term of the agreement for an additional 2.5 years until July 1, 2024 and also provide for an annual 5% merit increase to my current salary effective January 2022 and again in January 2023. Thank you for your consideration and I will be available on December 14th should you have any questions.
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For December 14, 2021 Regular Meeting
RESOLUTION NO. _____ 1
2
SERIES 2021 3
4
A RESOLUTION APPROVING A SECOND AMENDMENT TO EMPLOYMENT 5
AGREEMENT WITH RICK G. HOLMAN 6
7
WHEREAS, the Town is a home rule municipal corporation organized and existing 8
pursuant to Article 20, Section 6 of the Colorado Constitution; and 9
10
WHEREAS, the electors of the Town have adopted the Town of Breckenridge Home 11
Rule Charter (“Charter”); and 12
13
WHEREAS, Section 2.1 of the Charter provides that Town government is to be a 14
“Council-Manager” form of government; and 15
16
WHEREAS, the office of Town Manager of the Town of Breckenridge was created by 17
Section 2.1 of the Charter; and 18
19
WHEREAS, pursuant to that certain Employment Agreement dated August 11, 2015 20
(“Agreement”), the Town Council of the Town of Breckenridge, acting for and on behalf of the 21
Town, employed Rick G. Holman (“Holman”) as the Town Manager pursuant to Sections 2.1 22
and 7.1 of the Charter; and 23
24
WHEREAS, the Town and Holman entered into an Amendment to the Employment 25
Agreement which became effective January 1, 2018; and 26
27
WHEREAS, the Town Council and Holman desire to enter into a Second Amendment To 28
the Employment Agreement, attached hereto as Exhibit A; and 29
30
WHEREAS, Town Council finds and determines that it would be in the best interests of 31
the Town to approve and enter into such Second Amendment to the Employment Agreement. 32
33
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF 34
BRECKENRIDGE, COLORADO, as follows: 35
36
Section 1. The Second Amendment to Employment Agreement with Rick G. Holman 37
(Exhibit “A” hereto) is approved; and the Mayor is hereby authorized, empowered, and directed 38
to execute such agreement for and on behalf of the Town of Breckenridge. 39
40
Section 2. This resolution shall become effective upon its adoption. 41
42
RESOLUTION APPROVED AND ADOPTED this ____ day of ________, 2021. 43
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For December 14, 2021 Regular Meeting
TOWN OF BRECKENRIDGE 1
2
3
4
By:________________________________ 5
Eric S. Mamula, Mayor 6
7
ATTEST: 8
9
10
11
_______________________ 12
Helen Cospolich, CMC, 13
Town Clerk 14
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APPROVED IN FORM 16
17
18
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___________________________ 20
Town Attorney Date 21
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36 37 38 39 40 41 42 43 44 45 46 47 48 1400-51\Holman Amendment Resolution (12-04-17) 49
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1
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This Second Amendment to Employment Agreement ("Agreement") is made and
entered into by and between the TOWN OF BRECKENRIDGE, a Colorado municipal
corporation ("Town") and RICK G. HOLMAN ("Holman"), and is effective January 1, 2022.
WHEREAS, the Town and Holman entered into an Agreement, dated August 11, 2015,
pursuant to which the Town employed Holman to serve as the Town Manager of the Town; and
WHEREAS, the Town and Holman entered into an Amendment to the Agreement on
January 1, 2018, which Amendment, among other things, extended the term of Holman’s
Employment Agreement; and
WHEREAS, the Town and Holman desire to enter into a Second Amendment to the
Agreement as hereafter set forth.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties agree as follows:
1, Paragraph 3A of the Agreement, entitled “Term; Termination,” is hereby
amended so as to read in its entirety as follows:
A. The term of this Agreement (“Term”) shall be a fixed term of two and one-half
(2.5) years, beginning on Effective Date (January 1, 2022) and ending, subject to
earlier termination by either the Town or Holman as hereafter provided, on July 1,
2024.
2. Paragraph 5A of the Agreement, entitled “Compensation; Retirement Plan”, of
the Agreement, entitled “Term; Termination,” is hereby amended so as to read in its entirety as
follows:
A. For services rendered pursuant to this Agreement, the Town agrees to pay
Holman his base annual salary as set in year 2021, with a merit increase of 5%
in year 2022, and a 5% merit increase in 2023, payable in the same manner and
at such time as all other employees of the Town are paid.
3. Except as expressly amended by this Second Amendment, the Agreement shall
remain in full force and effect.
[INTENTIONAL PAGE BREAK]
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2
Executed the date first written above.
TOWN OF BRECKENRIDGE, a Colorado municipal corporation
By:_______________________________________
Eric S. Mamula, Mayor
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1
Memo To: Town Council
From: Mark Truckey, Director of Community Development
Date: December 7, 2021 for meeting of December 14, 2021
Subject: Re-Adoption of the Town’s Three Mile Annexation Plan (Resolution)
Attached is a resolution re-adopting the Town’s Comprehensive Plan, along with the Town’s Land Use Guidelines, as the Town’s annexation plan. The Colorado Revised Statutes relating to annexations require that all annexations be planned in a manner consistent with an annexation plan for the three mile area surrounding the Town. The Town’s Comprehensive Plan and Land Use Guidelines serves as the Town’s annexation plan and must be current within one year of any annexation. This is largely a house-keeping matter, as no changes to the Comprehensive Plan or LUGs are proposed with this action.
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RESOLUTION NO. 32 SERIES 2021
A RESOLUTION ADOPTING THE TOWN OF BRECKENRIDGE COMPREHENSIVE PLAN AND LAND USE GUIDELINES AS THE TOWN'S ANNEXATION PLAN PURSUANT TO
SECTION 31-12-105(1)(e), C.R.S.
WHEREAS, Section 31-12-105(1)(e), C.R.S., requires that prior to completion of any annexation a municipality shall have in place a plan for the area proposed to be annexed describing certain matters described in such statute; and
WHEREAS, Section 31-12-105(1)(e), C.R.S., further requires that the annexation plan be updated at least once annually; and
WHEREAS, the Town Council finds and determines that the Town of Breckenridge Comprehensive Plan and the Town’s Land Use Guidelines together satisfy the requirements of an annexation plan under Section 31-12-105(1)(e), C.R.S., and should serve as the Town's annexation plan required by such statute; and
WHEREAS, in Town of Erie v. Town of Frederick, 251 P.3d 500 (Colo. App. 2010) the
Colorado Court of Appeals held that a municipality’s comprehensive plan can serve as the municipality’s annexation plan required by under Section 31-12-105(1)(e), C.R.S., so long as the comprehensive plan (and related documents) contain all of the information required of an annexation plan; and
WHEREAS, the Town Council finds and determines that the Town of Breckenridge
Comprehensive Plan and the Town’s Land Use Guidelines together contain all of the information required of an annexation plan. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, COLORADO.
Section 1. The Town of Breckenridge Comprehensive Plan, with the accompanying maps, plats, charts, and descriptive matter, as amended, together with the Town of Breckenridge Land Use Guidelines, are adopted as the Town's Annexation Plan pursuant to Section 31-12-105(1)(e), C.R.S.
Section 2. This resolution is effective upon adoption. RESOLUTION APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER, 2021.
TOWN OF BRECKENRIDGE
By:___________/s/______________________ Eric S. Mamula, Mayor
ATTEST: _______/s/___________________ Helen Cospolich Town Clerk APPROVED IN FORM _______/s/____________________ Town Attorney date
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DATE: December 1, 2021 TO: Breckenridge Town Council CC: Rick Holman, Shannon Haynes, James Phelps FROM: Free Ride RE: Free Ride Ridership Numbers – November 2021 The Free Ride is operating summer service as of 4/19/2021. The numbers reflected below are a comparison of November 2019 over November 2021.
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Summit Stage
December 8, 2021 Transit Board Meeting
Operations:
• Winter schedule began October 31st • Hourly service is not expected to change this Winter with current staffing • Possible hourly service may also transition in to Summer operations
Staffing/Recruitment Summary
• Winter 2021-22 schedule requires 1,660 hours/week to operate o Current staffing: 41 Full Time (FT), 7 Part Time (PT) = 1,780 labor hrs/wk o Currently averaging 10 OT shifts/week o One Dispatcher has retired with job posted o Have 2 drivers in training
• Recruitment advertising: Running 3 ads a week in the classifieds plus 3 stand-alone Ads in the Summit Daily, Radio Ads are running on Krystal radio network, and have ads placed on the outside and inside of the buses
Ridership:
• Total October 2021 fixed-route ridership was 83,780 a 2.3% decrease from September 2021 ridership of 85,727 • October 2021 ridership is down 15% compared to October 2019 • Ridership Changes by Route November 2019 pre-COVID vs. November 2021: •
Route % Difference (Gain / Loss) Breckenridge - Frisco -30.7% Frisco - Silverthorne -14.8% Copper - Frisco -61.0% Keystone/Dillon/Silverthorne -16.1% SMF Breck to Keystone +262.5% SMF Keystone to A-Basin +167.7%
Boreas Pass Loop -30.3% Free Ride Purple Contract -4.9% Silverthorne Loop -35.0% Wildernest Loop -29.9% Blue River Commuter -52.4% Lake County Commuter -25.2% Park County Commuter +12.2%
• Factors to consider on above chart: o Change from 30 minute to hourly service caused drop in ridership o School bus route decline caused increase in ridership on specific routes o Swan Mountain Flyer started 3 weeks early this year
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Tax Receipts: • Have not been updated since last meeting • YTD through August 2021 31.1% increase over 2020 to $10,572,014
Other Items:
• Frisco Transfer Center (FTC) construction is moving along • Pegasus Shuttle Service(supported by CDOT/Bustang) hopes to launch late December
o Sprinter type vans not requiring CDL to operate and ability to utilize Express Lanes on I-70 o Hourly service starting at 6am from Union Station with established Bustang station stops, including
Frisco Transfer Center. TBD on return trips and daily last trip out o One-way trip to Avon is roughly $20, still TBD on official rates
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1
Memo To: Breckenridge Town Council Members
From: Shannon Haynes, Assistant Town Manager
Date: 12/1/2021
Subject: Breckenridge Events Committee
The Breckenridge Events Committee met on Wednesday, December 1, 2021. Below you will find the meeting minutes.
MinutesBreckenridge Events Committee
Wednesday, Dec.1, 2021Right event, right time, right result
Attending: Todd Rankin, Carol Saade, Lucy Kay, Shannon Haynes, Carrie Benefiel, Jack Wolfe, Juli Rathke, Dave Feller, Dennis LuceroGuests: Casey Willis, Sarah Wetmore, Tamara Park, Majai Bailey, Deb Edwards, Larissa O’Neil, Mallory Gemlo, Hal Vatcher, Sara Petty, Brian Balok, Kat Slaughter, Scott Jackman, Lauren Swanson
I. Todd Rankin called the meeting to order at 9am. a A motion was made to approve the Nov. 3, 2021 minutes.
M/S/P
II. Upcoming Events Discussiona Ride the Rockies has reached out to the Town about potentially coming to Breckenridge in
June of 2022. Town staff has a preliminary meeting with event producers next week to understand what the request would be.
b Dec 4. Lighting of Breckenridge – BTO Casey gave a programming overview. Festivities will run from 3pm- 6pm. Returning
to traditional format (dog procession, Santa Race, Santa driven down main, official countdown and lighting in BRP). Rec Center will take over managing Santa Race logistics. Vaccine bus will be in Tiger Dredge Lot from 8am-4pm. CAIC Benefit Bash will be in RWC starting at 6pm.
Town Staff will secure all Main Street entry points with use of barricades, plow trucks, and other equipment.
c Dec. 9-17 Ullr Fest – BTO Casey gave a programming overview. No ‘Breck’s Got Talent’ this year. King and
Queen Coronation will be in BRP, followed by shot ski and parade. Slight concern around reaching target of 30 floats. Making a push for registration.
Ullr Bonfire displaced in 2021, location TBD 2022. BTO will be releasing a statement to the community.
- For the past few months, the BTO has worked closely with Town Public Works, RWB and PD to identify an appropriate location for the Ullr Bonfire.
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Unfortunately, after significant vetting, an acceptable and safe location was not identified.
- The BTO will develop potential concepts to bring back the bonfire in ‘22 and for long term.
d Jan. 2021 International Snow Sculpture Competition (ISSC) – BTO Carving Jan. 24-28, Viewing Jan 28 – Feb 2 Picked 12 teams. Set deadline of Dec. 10 for teams to solidify their travel
arrangements. Have ability to shift entirely to North American competitors if needed.
Requiring teams provide proof of vaxx. RWC will be closed to public during carving to host teams. It will open back up during viewing week with traditional warming hut/event museum.
Digging into crowd control. Need to be able to pivot and protect the event. Plan to implement one-way pedestrian traffic. Also considering timed reservations to manage number of people viewing at one time and be able to scale as needed.
III. Pending SEPA – N/A.
IV. General Updates and Discussionsa Oktoberfest Survey Update
After some discussion, the BEC feels that there isn’t a need to conduct a community survey at this time. The Committee cited concerns about event fatigue and pointed todata from the three Resident Sentiment surveys, which shows the community is largely favorable toward Breckenridge iconic events. The BTO also surveys businesses immediately following the event each year to understand specific impacts to that group.
- May revisit survey discussion in spring closer to Oktoberfest planning. Suggestion to at that time provide a list of ideas of ways to engage the community with the event for feedback.
b MTN 2030 – Sept of 2022 - Planning meeting scheduled for next week with event producers.
V. The meeting adjourned at 9:45am.
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Page 1 of 4
Memo To: Town Council
From: Chapin LaChance, AICP
Planner II, Community Development Dept.
Date: 12/8/2021 Subject: Work Session for proposed Development Agreement between the Town of
Breckenridge and Brian Peterson/Danielle O’Grady regarding proposed bonus room at 37 Sisler Green (Lincoln Park Block 2 Lot 6A)
Brian Peterson and Danielle O’Grady, owners of 37 Sisler Green, have applied for a Development Agreement. Their proposal is very similar to the Development Agreement approved by the Town Council for Taryn Power and Zachary Himmelman on July 27, 2021.
Proposal
The property has an existing deed-restricted 1,287 sq. ft. three-bedroom duplex. The applicants propose to construct a two-car garage with a 484 sq. ft. bonus room above the garage, and an exterior paved third parking space. This project would exceed the allowed mass and density for the property. Below is a summary of the floor area calculations:
Density
Existing: 1,287 sq. ft.
Allowed per Lincoln Park Master Plan: 1,600 sq. ft. (313 sq. ft. remaining)
Proposed with 484 sq. ft. bonus room addition: 1,771 sq. ft. total
• The proposed 1,771 sq. ft. of total density exceeds the 1,600 sq. ft. of density recommended by the Master Plan by 171 sq. ft. , or approximately 11%, which would normally warrant negative twenty (-20) points under Policy 3 (Relative) Density/Intensity. 0.2 SFEs, or 320 sq. ft., of density would need to be transferred to the property to cover the requested amount of mass (See explanation below).
Mass
Existing: 1,287 sq. ft.
Allowed per Lincoln Park Master Plan: 1,920 sq. ft. (633 sq. ft. remaining)
Proposed with 528 sq. ft. garage and 484 sq. ft. bonus room addition (1,012 sq. ft. additional): 2,299 sq. ft.
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• The project would exceed the mass recommended by the Master Plan by 379 sq. ft., or approximately 19.7%, which would normally warrant negative twenty five (-25) points under Policy 4 (Relative) Mass.
• 1,916 sq. ft. of density would need to be allowed on the property for the proposed 20% mass bonus of 2,299 sq. ft., hence the 0.2 SFE/320 sq. ft. density transfer mentioned above. 1,600 sq. ft. of allowed density under the Master Plan + 320 sq. ft. of density transfer = 1,920 sq. ft. new allowed density x 1.2 mass bonus = 2,304 sq. ft. mass allowed, which would cover the 2,299 sq. ft. of mass proposed.
The following items are requested of the Town by the applicant:
• Exempt the project from compliance with Policy 2 (Absolute) Land Use Guidelines, since the project would not comply with the maximum density and mass requirements of the Lincoln Park Master Plan.
• Exempt the excessive 171 sq. ft. of density from the assignment of negative points under Policy 3 (Relative) Density/Intensity.
• Exempt the excessive 379 sq. ft. of mass from the assignment of negative points under Policy 4 (Relative) Mass.
• Town to transfer 0.2 Single Family Equivalents (SFEs) of density to the property.
• Allow the maximum capital improvements to increase from 10% of the initial sale price to $50,000 or 50% of the cost of the garage and bonus room, whichever is less,
• Waiver of the following fees:
• Development Agreement application fee ($6,050),
• Development Permit application fee ($1,790),
• Building Division fees ($3,000 estimated),
Building Permit application
Building Permit plan review fee
Mechanical Permit fee
Electrical Permit fee
Plumbing Permit fee
• Water Plant Investment Fee (no increase),
• Town to transfer 0.2 SFEs of density to the property ($19,089 value).
The estimated fees above have a total value of approximately $30,649 using rates for the year 2021. These fees are subject to increase annually.
The following items are proposed by the applicant as public benefits:
• The applicant agrees to enter into a Restrictive Covenant and Agreement requiring the bonus room to be rented to and occupied by a Qualified Occupant for a monthly rental (including
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utilities) equal to or lesser than 80% AMI. A Qualified Occupant is an employee working 30 hours or more for a business located in and serving Summit County.
Staff Analysis
The property is subject to the Wellington Phase 2 Restrictive Covenant, which restricts the capital improvements to 10% of the initial sale price. The proposed Development Agreement would allow the owners to recover the lesser of $50,000 or 50% of the project cost by adding the bonus room as a capital improvement should they sell the property. The Town’s Housing Manager recommends this restriction in order to maintain the intended affordability of the property. The 80% AMI restriction proposed by the applicant will serve to ensure affordability of the bonus room for local employees.
The matrix below comparing the terms approved for the Power/Himmelman Development Agreement with the terms proposed with the Peterson/O’Grady Development Agreement.
Density (sq. ft.) Power/Himmelman Peterson/O'Grady Existing: 1,295 1,287 Allowed: 1,600 1,600
Proposed: 1,780 1,771 Exceeds allowed by: 179 171
Mass (sq. ft.) Existing: 1,779 1,287 Allowed: 1,920 1,920
Proposed: 2,263 2,299 Exceeds allowed by: 343 379
Parking 3rd parking space required by Master Plan No Yes
Request Exempt the project from compliance with Policy 2 (Absolute) Land Use Guidelines.
Yes Yes
Density exemption (sq. ft.) 179 171 Mass exemption (sq. ft.) 343 379 TDRs 0.18 SFEs 0.2 SFEs Allow the maximum capital improvements to increase from 10% of the initial sale price to $50,000 or 50% of the cost of the garage and bonus room, whichever is less.
Yes Yes
Fee waivers $28,668 $30,649 Public benefit
Restrictive Covenant and Agreement requiring the bonus room to be rented to and occupied by a Qualified Occupant for a monthly rental (including utilities) equal to or lesser than 80% AMI.
Yes Yes
Approval of a Development Agreement is entirely at the discretion of the Town Council. Staff finds that the proposal enables the Town to attain a public benefit not otherwise required by the Development Code. If
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the Council is supportive of the proposal, staff will work with the Town Attorney to draft an Ordinance and return to the Council for a first reading.
Questions for Council
1. Does the Council support the proposed Development Agreement?
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To: Mayor Mamula and Town Council Rick Holman, Town Manager Shannon Haynes, Assistant Town Manager
Thank you for making time for discussion with the BTO Board of Directors during the Work Session on December 14. We would like to spend this time reviewing and confirming high-level strategic direction for 2023, as our 2022 direction, plan and budget were approved in October. The attached deck is a very top line summary of results accomplished pre- and post- COVID. This is intended to provide background and context for our discussion on 2023 strategic direction. We will not be presenting the deck in our meeting, but certainly are glad to answer questions or provide more information anytime. We would like to focus our discussion with you on the last slide and receive direction on:
Strategy • Continue or redirect BTO Summer/Fall out-of-state guest marketing focus • Revisit "balanced economy" and what that means looking forward • Review/revisit current mix of Destination Marketing and Management
Tactic • Is there additional data or new research that BTO can provide to Town that
would be helpful to TC or any of the advisory committees? Again, thank you for making this time available to us. We want to be sure our initiatives are in full alignment with Town goals and intent. Respectfully submitted, Richard Sosville, BTO Chairman of the Board Lucy Kay, BTO CEO/President
Link to local responsible tourism ad (slide 17): https://youtu.be/708_xtNR-9M
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Town Council/BTO Work Session
December 14, 2021
• REVIEW CURRENT PROGRESS/PRIORITIES
• DISCUSS 2023 STRATEGY/GOALS
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BTO MISSION
Enhance the economic vitality of
Breckenridge…in support
of the Community’s unique
character and quality of life.
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BTO Strategic Plan / GOALS
Drive business model for long-term viability in tandem with TC goals.
Elevate and fiercely protect Breckenridge’s authentic character
and brand – Our hometown feel and friendly atmosphere.
Develop and deploy industry-leading Responsible Stewardship
messaging and provide input for programs.
Develop Destination Management tools for continual improvement
of the Breckenridge experience for guests and residents.
Improve engagement and advocacy within community.
Maintain Breckenridge Tourism Office as a highly
regarded organization and employer of choice.
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Deliver a balanced year-
round economydriven by
destination tourism by 2024
The Breckenridge Town Council, Breckenridge Tourism Office, many key
stakeholders, and a wide breadth of other local community and business
members have aligned around these four strategic goals to realize the Vision:
Elevate and fiercely protect
Breckenridge’s authentic character
and brand — our hometown feel
and friendly atmosphere
More boots and bikes,
less cars
Establish Breckenridge at the
leading edge in mountain
environmental stewardship and
sustainable practices
STRATEGIC GOALS
Destination Management Plan Goals
76
BTO Summer/Fall Marketing Results
77
Seasonal Occupancy & Room Nights
78
Summer / Fall ADR
Source: DMX
May – Oct.
79
Accommodations Taxes
80
Who is visiting Breckenridge?
81
SUMMARY 2021 2019
Out Of State Overnight (OOS) 60% 51%
CO Overnight 20% 24%
Day Visitor 19% 24%
Total Out Of State
“OOS + Day”
71% 63%
Of Day Visitors % from
“OOS”
54% 43%
Fly 47% 54%
Length Of Stay 5.3 4.8
Average Age 50 49
Primary Markets
Texas 14% 11%
Kansas 4% 3%
Florida 4% 3%
Breckenridge Guest Demographics Comparison
NPS 2019 vs. 2021:- 9.6 Overall (intercept)- 7.7 vs 8.0 (post trip)
82
Cell Phone Tracking OOS (May – Oct. 2021)
Source: Datafy83
Cell Phone Tracking In State (May – Oct. 2021)
Source: Datafy84
Jackrabbit 2021(May – Oct.): Referrals from gobreck.com direct to participating properties
Average referrals per day 153
85
Destination Management
86
Destination Management
Community Vision
Harmony of quality of life for residents and quality of place for visitors
87
B Like
Breckenridge
Is our collective
action to preserve
and enhance
the harmony
between
residents,
guest, and
the well-being
of our natural
surroundings.
Destination Stewardship
88
Destination Management – Outreach
OneBreckenridge.com -NEW B2B website
Current information for local/business including public health updates, special event impacts, etc.
Community Updates with TOB & BSR
Winter & Summer Previews
Hispanic and Minority Engagement
90
Destination Management – COVID
Public Health Updates
Resiliency Meetings
Summit County Recovery Committee
State Public Health
Safety Protocol Messaging and Signage
9+ Rating (scale of 10) – Guest Expectations re : Safety Protocols
Destination Analysts Data
91
Destination Management - Research
MarketingGuest profiles, geo tracking/points of interest, competitive,
brand share of voice, social media sentiment
ManagementGuest satisfaction/return rateResident Sentiment - 2021, 2019, 2017Event surveysPart-time resident/migration survey (pending)Other surveys at TOB or community request
92
Destination Management - Training
GUEST SERVICE - One Breckenridge- Service Champion Recognition
BRECKENRIDGE ORIENTATION - Breck 101
RESILIENCY TRAINING
BUSINESS ASSISTANCE TRAINING- Google My Business
- Social Media
93
Strategy Discussion
Priority on Summer/Fall?-Target 2-4% economic growth (Match TOB targets)
Revisit “balanced year-round economy”
-summer revenue is approx. 40% of total
Balance of marketing and management?
What else can BTO provide that would be useful to TOB or committees?
94
1
Memo To: Breckenridge Town Council Members
From: Tara Olson, Deputy Town Clerk
Date: 12/6/2021
Subject: Liquor & Marijuana Licensing Authority Appointments
The Liquor & Marijuana Licensing Authority consists of five members who are appointed by the Town Council.
Current members include: J.B. Katz, Chair Leigh Girvin, Vice-Chair Tim Faust Taryn Power Hal Vatcher
The Authority members’ terms are four years. Terms are staggered and expire at the end of December in alternating, odd-numbered years. The three members whose terms expire this year are J.B. Katz (term limited), Tim Faust (not seeking reappointment) and Hal Vatcher.
These volunteer Authority positions were advertised in the Summit Daily News, the Summit County Journal, on the Town of Breckenridge website and on the Town of Breckenridge social media platforms.
FIVE letters of interest were received from: Hal Vatcher (incumbent) Ace Conway Kelly Lovely Gail Marshall Ashley Zimmerman
Copies of their letters are attached for your review.
An interview group consisting of J.B Katz, Taryn Power, Tara Olson and Helen Cospolich conducted short interviews with each candidate and recommends Council appoint Ace Conway, Kelly Lovely and Ashley Zimmerman to the Authority.
Three (3) seats need to be appointed at this time. Appointment may be made by motion and a sample motion follows.
Sample Motion:
“I move that we appoint Ace Conway, Kelly Lovely and Ashley Zimmerman to four-year terms on the Breckenridge Liquor & Marijuana Licensing Authority.”
95
From: Hal VatcherTo: WebsiteClerkCc: Hal VatcherSubject: Liquor & Marijuana Licensing AuthorityDate: Wednesday, November 17, 2021 12:05:49 PM
[EXTERNAL MESSAGE]
Please accept this email as confirmation that I am interested in continuing to be a member of the Breckenridge Liquor & Marijuana Authority. I am currently at the end of my first term.As a side note, the town might get more interest in serving if there was some minor compensation. I have several times suggested the appointed members be given a pass to the Rec Center but have not been successful in getting council to agree. Yet, we form a new board (Social Equity) and they immediately get compensation. This does not feel right! Although the Liquor Board does not spend a lot of time each month, I would say we spend, on average, more than 2 hours a month between reviewing and analysis of the upcoming meeting material to be ready for the meeting, plus the meeting time. If one were to use $360 a year for a rec center pass, we would receive $15 an hour or less to be on this board. Not much to ask.Thanks for listening. Hal Vatcher
Hal VatcherBreckenridge CO 80424
96
From: Ace ConwayTo: WebsiteClerkSubject: LMLADate: Tuesday, November 30, 2021 11:59:09 AM
[EXTERNAL MESSAGE]
Ace Conway26 Marksberry WayBreckenridge, CO
(970)485-5319
November 29, 2021
Town ClerkTOWN OF BRECKENRIDGEBreckenridge, CO
To whom it may concern:
I am writing to express my interest in serving on the Liquor and Marijuana LicensingAuthority.
I lived in Breckenridge in the 1980's, left in 1989 and headed back to Cleveland, OH to getmarried and raise our family. While I was in Breckenridge, I worked in the restaurantindustry, working at the Briar Rose and then went on to own and operate Colt's Sports Bar. Colt's was located at 401 S. Main Street. You would know it as Ullr's and then Ollie's.
I was in the investment business from 1990 until 2016, working as an equity and derivativestrader up until my wife and I decided to move back to Breckenridge full time. We knew wewould eventually get back to the town we loved in the 80's!
Currently, I am a licensed realtor with Colorado Premier Resort Properties. I also work parttime as a ski instructor here at Breckenridge and work a few days a week at Fatty's.
Thank you for your consideration to serve on the LMLA. Please feel free to contact me withany questions.
Sincerely,
Ace Conway
97
From: Kelly LovelyTo: WebsiteClerk; Helen CospolichSubject: Licensing Authority positionDate: Friday, December 3, 2021 2:43:46 PM
[EXTERNAL MESSAGE]
To Whom it May Concern,
My name is Kelly and I am writing to express my interest in a seat on the Liquor and Marijuana Licensing Authority. My friend Taryn Power told me about the position and it seems fun. I grew up in Frisco, but recently moved back to Breckenridge with my family. I am not working full time yet (I have a young toddler) and would love to have something to do, a way to serve my community, and a way to meet new people and learn about the local businesses. It would be a great opportunity to connect with the community. I love Breckenridge and Summit County and feel like this is a great way to give back and be involved. I am employed very part time as a physical therapist at Axis Sports Medicine, and have no personal interest in any licensed business in Breckenridge. Thank you for your time and consideration.
Sincerely,Kelly Lovely(970-389–4899)
98
From: Gail MarshallTo: Tara Olson; WebsiteClerkSubject: Liquor and & Marijuana Licensing AuthorityDate: Wednesday, December 1, 2021 5:09:38 PM
[EXTERNAL MESSAGE]
Please accept this email as my interest in being a member of the Liquor & Marijuana Licensing Authority.
My interest was piqued as to how licenses were granted when I was the Controller for Harvest Catering. Part of my job was to be the bar manager at the Pioneer Club in the Hyatt, Main Street Station. It was mostly a figure head type responsibility, but I took my role seriously. Whenever possible I would stop by the Pioneer Club as well as some of the other establishments I was responsible for, to make sure things were running smoothly. In addition, I live on Airport Rd near many of the dispensaries.
As a member of the Survivor Support Services Team sadly, I see the results of over consumption. I think as a member of the Licensing Authority my experience and knowledge would be an asset to decisions leading to a more responsible community.
Thank you for the opportunity to submit my interest.
Gail Marshall
PO Box 6403Breckenridge, CO 80424
970-485-0495
99
From: Helen CospolichTo: Tara OlsonSubject: FW: LMLA InterestDate: Tuesday, November 30, 2021 11:57:16 AM
From: Ashley Sent: Tuesday, November 23, 2021 10:17 AMTo: Helen Cospolich Subject: LMLA Interest
[EXTERNAL MESSAGE]
To whom it may concern,
I am writing to express my interest in volunteering on the LMLA. I have lived in the Town of Breckenridge for the last 7 years. My background includes restaurant service, event planning and event execution. I am TIPS trained, familiar with Colorado liquor laws and feel I could be an asset to the authority.
Thank you,
Ashley--Ashley Zimmerman614-804-2651
100