Dolores, Colorado AGENDA  TOWN OF DOLORES COLORADO BOARD OF1 TRUSTEES MEETING JULY24TH: 2023, MEETING 6:30 P.M.  THE MEETING WILL BEI HELD ATTOWN HALL 420 CENTRALAVENUE.  IF YOU WISH TO ATTEND VIRTUALLY, PLEASE VISIT THE TOWN WEBSITE UNDER GOVERNMENT TOWN BOARD  MEETING FOR1 THE ZOOM LINK itps/townofdolores.colorado.gov  1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL:  ACTION/APPROVAL OF THE AGENDA  5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST.  6. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during al Public Hearing. Each Person willl have 5r minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town' Website for the link), or by submitting your comments, via email, to the Town Clerk at tammy@townofdolores.com  any time before the dated Board meeting. 7. CONSENT AGENDA: No agenda at this time  8. STAFF REPORTS:  Manager: Ken Charles Attorney. Jon Kelly Treasurer Heather Robertson  9. PUBLIC HEARINGS AND ACTION: Application for al Hotel/Restaurant Liquor License located at715 Railroad Avenue Steakout Fine Meats and Cocktail/KKV Restaurant LLC, Broc and Drake Smith. Actionis  required to be approved after the hearing. 10. ACTION/APPROVAL OF RESOLUTIONS/ORDINANCES:  10.1 Action/Approval. First reading of Ordinance. 566 Series 2023 to amend the Dolores Land Use  Code to promote Affordable Housing.    10.2 Action/Approval Resolution R542 Series 2023, authorizing a mail ballot election on 10.3 Action/Approval Resolution R543 Series 2023, oft the Planning and Zoning Commission recommending changes tot the Dolores Land Use Code to promote Workforce Housing. 10.4 Action/Approval Resolution R544 Series 2023, Board of Trustees take formal action to give notice to the County Clerk of Montezuma County, Colorado to participate int the coordinated election on 10.5 Action/Approval Resolution R545 Series 2023, Approving the 2022 Auditors Report. 10.6 Action/Approval Resolution R546 Series 2023, Imposing an open flame fire ban. 10.7 Action/Approval Resolution R547 Series 2023, appointing town manager and approving  November7th 2023, and: setting forth other details relating thereto.  November 7th, 2023.  contract of employment. E 11. FUTURE AGENDAS:  P&Z meeting. August 1s, 2023 Parks meeting: August 10th, 2023  Board meetings: August 14th, 2023, and August 21st, 2023  12. ADJOURNMENT    Montezuma County Sheriff's Office  Steven D. Nowlin - Sheriff  730 East Driscoll Cortez, Colorado 81321 July 10, 2023 To: Dolores Town Board  Telephone 970-565-8452 www.monteamasentiong  FAX  970-565-3731  Subject: Retail Liquor License APPicaton-steakour, KKV Restaurant LLC.  Dear Dolores Town Board,  On. June 20, 2023, a Colorado Retail Liquor License. Application was submitted to the Town of Dolores by applicants Broc Smith, DOB/11-14-87, and Drake Smith, DOB/ 10-15-89, DBA Steakout Fine Meats and Cocktails, indicating ownership of the business identified as KKV Restaurant, Limited Liability Corporation, requesting a Colorado Liquor License, at the bufsiness location of715 Railroad Avenue, AI requested alcohol permitted area diagram was provided, and'àn interior and exterior inspection of this business was conducted on. July 3, 2023. Anoutside deck areal lôcated on the north side of the building with entrance from the interior bar area has been requested to be part oft the alcohol permitted area. Noted during the inspection was that aj physical barrier be erected around the outside deck area toj prohibit any alcohol from leaving or entering the requested permitted area. Thea applicants were advised ofthis needed barrier and are in the process ofl having this barrier constructed. A: subsequent inspection will be completed after  Dolores, Colorado.  IMA  Co,  required barrier has been constructed.  ERIB  An upper deck with stairs that leads from the ground to  rdeck is not included in the permitted area  it accesses asi  ihepperd  the business office only.  A check for criminal history and/or current court actions in the State ofColorado and through the National Crime Information Center on applicants Broc Smith (DOB/11-14-87), and Drake Smith (DOB/10-15-89) revealed past misdemeanor criminal and/or traffic violation cases. No felony convictions and no current Noi neighborhood canvas was conducted as this location has been a business location for years with past  criminal or traffic cases are pending. liquor license by previous owner.  Respectfully submitted as appointed Dolores Town Marshal,  Lple Steven D.1 Nowlin, Sheriff Montezuma County, Colorado    NOTICE  PURSUANT TO THE LIQUOR LAWS OF  COLORADO  KKV RESTAURANT LLC/THE STEAKOUT  FINE MEATS & COCKTAILS  HAS REQUESTED THE LICENSING OFFICIALS OF THE TOWN OF DOLORES TO ISSUE A HOTEL/RESTAURANT LIQUOR LICENSE, LOCATED AT 715 RAILROAD AVENUE IN DOLORES COLORADO Comments can be made at the Town Board meeting on JULY 24TH, 2023 @ 6:30 p.m. or  by attending virtually.  tps//towmordolores.colorado.goy  420 Central Avenue. Or Contact Tammy Neely Phone 970-882-7720 X 1002 tammygtowndolores.com    DR8 8404 (01/30/23) COLORADO! DEPARTMENT OFI REVENUE Liquor Enforcement! Division (303): 205-2300  Colorado Liquor Retail License Application Transfer of Ownership  New License  New-Concurrent  State Property Only  Master file  All answers must be printed in black ink or typewritten Applicant must check the appropriate box(es)  Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG.CQendogoVisuer 2. Applicant Ifan LLC, name ofl LLC; if partnership, atl least 2 partner's names; if corporation, name of corporation  1. Applicant is applying as alan  Individual Corporation  Limited Liability Company  Association or Other  Partnership (includes Limited Liability and Husband and Wife Partnerships)  FEINI Number 92-3765609 970-676-1205 81323 81323  KKVI Restaurant, LLC  2a.7 Tradel Name ofE Establishment (DBA)  State Sales Taxl Number Business' Telephone  The Steakout Fine Meats and Cocktails  95858192  3. Address of Premises (specify exacti location ofp premises, includes suite/unit numbers)  715 Railroad Ave. County City or Town  City  State ZIP Code CO State ZIP Code CO  Dolores P.O. Box 215  Montezuma Dolores  4. Mailing Address (Number and Street) 5. Email Address  brogsigyanoo.com  6. Ifthe premises currently has all liquor orb beer license, you must answer thei following questions  Present Trade Name of Establishment (DBA) B Application Fee for New License.. Application Fee for New! License w/Concurrent: Review. D Application Feet for Transfer. Section B D. Add Optional Premises toH&R.. $100.00X, Addl Related Facilityt tol Resort Complex$75.00X. Add Sidewalk: ServiceA Area.. Artsl License (City). Artsl License (County). Beer and Winel License (City). Beer andV Winel License (County).. Brew Publ License (City) Brew! Publ License (County).. Campus! Liquor Complex (City). Campus! Liquor Complex (County). Campus! Liquor Complex (State). Clubl License (City). D Clubl License (County) DistilleryF Publ License (City). Distilleryl Publ License (County). B Hotel andl Restaurant License (City). L Hotel andF Restaurant License (County) Hotel and Restaurant! License wione opt premises (City). Liquor-Licensed Drugstore (City).  Present Statel License Number Present Class ofL License Present Expiration Date  Section A  Nonrefundable Application Fees* Section B (Cont.)  Liquor License Fees*  $1,100.00 D Liquor-Licensed Drugstore (County). $1,200.00 Lodging & Entertainment- L&E (City). $1,100.00 Lodging & Entertainment- L&E (County)  $312.50 $500.00 $500.00 $30.00 $30.00 $30.00 $30.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $160.00 $160.00 $160.00 $500.00 $500.00 $227.50 $312.50 $227.50 $312.50 $500.00 $500.00 $750.00 $750.00  Liquor License Fees* Manager Registration- -H&R.  Total Total  Manager Registration- Tavem. Manager Registration- Lodging &E Entertainment. Manager Registration- Campus! Liquor Complex.  $75.00 Optional Premises License (City).. $308.75 Optional Premises License (County). $308.75 Racetrack License (City). $351.25 Racetrack License (County). $436.25 Resort Complex License (City). $750.00 Resort Complex License (County). $750.00 Related Facility- Campus Liquor Complex (City). $500.00 Related Facility- Campus Liquor Complex (County). $500.00 Related Facility- Campus Liquor Complex (State).. $500.00 Retail Gaming Tavem! License (City). $308.75 Retail Gaming Tavem License (County).. $308.75 Retaill Liquor Storel License-Additional. (City). $750.00 Retaill Liquor Store License-Additional (County). $750.00 Retail Liquor Store (City).. $500.00 Retaill Liquor Store (County). $500.00 Tavern License (City). $600.00 Tavern License (County). $227.50 J Vintners Restaurantlicense (County).  Hotela and Restaurant License wlone optp premises (County).- $600.00 Vintners RestaurantLicense (City).  * Note that the Division will not accept cash  Questions? Visit: SBG.COCadOgoVIguON for more information Do not write in this space - For Department of Revenue use only  Liability Information License Issued" Through (Expiration Date)  License Account Number  Liability Date  Total $  Page 1 of6    Application Documents Checklist and Worksheet  Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed tot the locall licensing authority. Application  fees are nonrefundable. Questions? Visit: SBG.Colbadogowluer for more information  Items submitted, please check all appropriate boxes completed or documents submitted  Applicant information A.A ApplicantLicensee identified C.L License type or other transaction identified E. All sections oft the application need to be completed  B. State sales tax license number listed or applied for at time of application  D.Return originals to local authority (additional items may be required by the local licensing authority)  F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this B.Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences,  Retail License Application II. Diagram of the premises  A.No larger than 8%"X11" walls, entrylexit points, etc.) C.Separate diagram for each floor (if multiple levels) D.Kitchen - identified ifHotel and Restaurant X E.Bold/Outined Licensed Premises HI. Proof of property possession (One Year Needed)  A.[ Deed in name of the applicant (or) (matching question #2) date stamped /filed with County Clerk C.Lease assignmenti int the name oft the applicant with proper consent from the landlord and acceptance by the applicant  A.Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors,  B.Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved State Vendor.  B.Leasei in the name oft the applicant (or) (matching question #2) D.Other agreement ifr not deed or lease. (matching question #2) IV. Background information (DR 8404-1) and financial documents  partners, members)  Master File applicants submit results to the State using code 25YQHT with IdentoGO. Do not complete fingerprint cards prior to submitting your application. IdentoGO - ts/enolsentogocon, Phone: 844-539-5539 (toll-free) Colorado Fingerprinting - ntp/www.coloradomngerprnting.com Appointment Scheduling Website: nttp:/www.coloradofingerprinting.com/cabs Phone: 720-292-2722 Toll Free: 833-224-2227  The Vendors are as follows:  Details about the vendors and fingerprinting in Colorado can be found on CBI's website here: tis/cbicolorado.gectonsbometneidentficaton-anc-ecorisunvenlempo,mentancaskground-checks C.Purchase agreement, stock transfer agreement, and/or authorization to transfer license B.Copy of State issued Driver's License or Colorado dentification Card for each applicant  D.List of all notes and loans (Copies to also be attached) V. Sole proprietorlhusband and wife partnership (ifa applicable) VI. Corporate applicant information (if applicable) A.Certificate of Incorporation B.Certificate of Good Standing VII. Partnership applicant information (if applicable) / A.Partnership. Agreement (general or limited). B.Certificate of Good Standing  A.Copy of articles of organization B.Certificate of Good Standing C.Copy of Operating Agreement (if applicable) D.Certificate ofA Authority if foreign LLC (out of state applicants only) Complex licenses when included with this application  B.If owner is managing, no fee required  A.Form DR 4679  C.Certificate of Authorization iff foreign corporation (out of state applicants only)  VIII. Limited Liability Company applicant information (ifa applicable)  IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor  A.$30.00 fee  DR8 8404 (01/30/23)  Page2of6    Name  Type of License  Account Number  7. Ist the applicant (including any oft the partners ifap partnership; members or managers ifal limited liability company; Yes No oro officers, stockholders or directors ifac corporation) or managers under the age oft twenty-one years? 8. Has the applicant (including any of the partners ifap partnership; members or managers ifal limited liability company; or officers, stockholders or directors ifa corporation) or managers ever (in Colorado or any other state): C. Had interest in another entity that had an alcohol beverage license suspended or revoked? 9. Has al liquor license application (same license class), that was located within 5001 feet oft the proposed premises, been denied within the preceding two years? If' "yes", explain in detail. 10. Are the premises to bel licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? 11. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 15001 feet of another retail liquorl license for off-premises sales in a jurisdiction with a population of greater than (>) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway oft the LLDS/RLS premises for which the application is being made and ends att the principal doorway oft the Licensed LLDS/RLS. 12. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales in aj jurisdiction with a population of less than (<) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway oft the LLDS/RLS premises D for which the application is being made and ends at the principal doorway oft the Licensed LLDS/RLS. 13. a. For additional Retail Liquor Store only. Was your Retail Liquor Store Licensei issued on or before January 1, 2016? D D 14. Has a liquor or beer license ever been issued to the applicant (including any of the partners, ifa partnership; members or manager ifa a Limited Liability Company; or officers, stockholders or directors ifa corporation)?  D lfyes, identify the name of the business and list any current financial interest in said business including any 15. Does the applicant, as listed on line 2oft this application, have legal possession of the premises by    a. Been denied an alcohol beverage license? b. Had an alcohol beverage license suspended or revoked? lfyou answered yes to 8a, b or C, explain in detail on a separate sheet.  X D DE or  Waiver by local ordinance? D D  Other:  D  b. Are you a Colorado resident? loans to or from a licensee. ownership, lease or other arrangement? Ownership D Lease D Other (Explain in Detail),  D  D  a. Ifleased, list name ofl landlord andi tenant, and date of expiration, exactly as they appear on the lease:  Landlord  Tenant  Expires June 2028  KKV Development, LLC  KKV Restaurant, LLC  b. Is aj percentage of alcohol sales included as compensation to the landlord? Ifyes, complete question 16. D  C.A Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This 16. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive  diagram should be no larger than 8%"X11".  money from this business?, Attach a separate sheet if necessary.  Last Name Last Name  First Name First Name  Date ofE Birth FEIN or SSN Date of Birth FEIN or SSN  InterestPercentage) IntereslPercentage)  Attach copies of all notes and security instruments and any, written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent  or conditional in any way by volume, profit, sales, giving of advice or consultation. 17. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted? is not limited to a statement of use, permit, easement, or other legal permissions.  X  Number of additional Optional Premise areas requested. (See license fee chart)  18. For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received fromi thel local governing body authorizing use oft the sidewalk. Documentation may includel but  DRE 8404 (01/30/23)  Page 3of6    Name  Type ofL License  Account Number  19. Liquor Licensed Drugstore (LLDS) applicants, answer the following:  a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise? D D 20. Club Liquor License applicants answer the following: Attach a copy of applicable documentation a. Isi the applicant organization operated solely for a national, social, fratemal, patriotic, political or athletic purpose D b. Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which - D is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? d. Has applicant occupied an establishment for three years (three years required) that was operated solely for a. Has the applicant received or applied for al Federal Permit? (Copy of permit or application must be attached) D D b. Is the applicant a person who contracts with the institution of higher education to provide food services? J D If"yes" please provide a copy of the contract with the institution of higher education to provide a. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application  If' "yes" a copy of license must be attached.  Yes No D  and noti for pecuniary gain?  C. How long has the club been incorporated? the reasons stated above?  DD  21. Brew-Pub, Distillery Pub or' Vintner's Restaurant applicants answer the following:  22. Campus Liquor Complex applicants answer the following: a. Is the applicant an institution of higher education?   D  food services. 23. For all on-premises applicants. DR 8000 and fingerprints. Last Name of Manager  First Name of Manager  24. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. 25. Related Facility - Campus Liquor Complex applicants answer the following: a. Is the related facility located within the boundaries of the Campus Liquor Complex? Ify yes, please provide a map oft the geographical location within the Campus Liquor Complex. Ifno, this license type is nota available fori issues outside the geographical location oft the Campus Liquor Complex. b.D Designated Manager for Related Facility- Campus Liquor Complex  Yes No D D DD  Last Name of Manager 26. Tax Information.  First Name of Manager  Yes No OE  K  a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant, been found ini final order of a tax agency to be delinquent ini the payment of any state or local taxes, b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.? 27. If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their  penalties, or interest related to al business?  website. See application checklist, Section IV, for details.  Name Name Name Name Name DR8 8404 (01/30/23)  Home Address, City & State 16256 Road 28.8, Dolores, CO 81323 Home Address, City & State 18440 Hwy 145, Dolores, CO 81323 Home Address, City & State Home Address, City & State Home Address, City & State  DOB. DOB DOB DOB DOB  Position Owner Position Owner Position Position Position  %0wned 50 %Owned 50 %Owned %Owned %0wned Page 4of6  Drake Smith Broc Smith    Name  Type ofLicense  Account Number  * If applicant is owned 100% by a parent company, please list the designated principal officer on above. ** Corporations - the President, Vice-President, Secretary and' Treasurer must be accounted for above (Include ownership ** Ift total ownership percentage disclosed here does not total 100%, applicant must check this box: Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or5, C.R.S. Ideclare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete tot the best of my knowledge. Ia also acknowledge thati iti is my responsibility: and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license.  percentage if applicable)  Oath Of Applicant  Authorized  Printed Name and Title  Date 6-a0  Rex SMl Manager  Report and Approval of Local Licensing Authority (City/County)  25  Date application filed with local authority Lo- 20-23 DR 8000 (Manager Permit) has been: E Fingerprinted  Date oflocal authorityh hearing (for newl license applicants; cannoth bel lesst than 30daysf from date of application)  7-242023  The Local Licensing Authority Hereby Affirms that each person required toi file DR 8404-1 (Individual History Record) ora  E Subject to background investigation, including NCIC/CCIC check for outstanding warrants applicant is in compliance with and aware of, liquor code provisions affecting their class of license  That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the  (Check One)  Date of inspection or anticipated date  Will conduct inspection upon approval of state licensing authority  Ist the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail Yes No Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store (RLS) within 3,0001 feet of another retail I NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) oft the applicant's gross annual income derived from the sale of food, during the prior twelve (12) month period? The foregoing application has been examined; and the premises, business to be conducted, and character oft the appli- cant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements oft the neighbor- hood and the desires oft the adulti inhabitants, and will comply with the provisions of Title 44, Article 4 or 3, C.R.S., and  liquor license for off-premises sales in aj jurisdiction with a population of> 10,0000? liquor license for off-premises sales in aj jurisdiction with a population of < 10,0000?  D D  the Licensed LLDS/RLS.  D  Liquor Rules. Therefore, this application is approved.  Local Licensing Authority for Signature Signature  Telephone Number  Town, City County  Print Print  Title Title  Date Date  DR8 8404 (01/30/23)  Page 5of6    *t 29'8"  KITCHENT STAPE ONLL) 200 KITCHEN AREA  BAR AREA  10'-9" FREEZERO  9'-3"  -  STORAGE/PREP AREA 16-10"  FREEZERS  0 HOBTESS  DINING ROOM En  Emergency 744" EXT  NORTH WEST EAST  7-2"  SOUTH IBC 2021 code Conetruction Type = VB Occupancy Type A-2 Occupancy load - Bar/restaurant-2, Rest of the Ist floorslO, 2nd Floor-25, total 248 PAGE3 REVISED 2/22/2023 970. 739. 9624 stonypaholtingelive.com  1-54"  VIP Rook BAKPT USEP PVNE PARTIES  4864 SF GROUND FLOOR PLAN  Storys Drafting6 a Design! LLC PONDEROSA RESTUARANT 25056 Moins St, Cortez Colo 715 RAILROAD AVE.  DOLORES COLO    D        COMMERCIAL, LEASE  THIS LEASE is made and entered into 20 day of June, 2023 by and between KKV DEVELOPMENT, LLC of 715 Railroad Ave., Dolores, Colorado 81323, ("Lessor") and KKV RESTAURANI,LLCwhoser mailing address isl P.O. Box 215, Dolores, Colorado 81323,("Lesee").  WITNESSETH:  WHEREAS, lawaacoaafasdsaihd commercial: real property and improvements situated in Montezuma County, Colorado, and desires to lease same, and whereas Lessee desires to  lease said property from Lessor for al Restaurant, and  NOW, THEREFORE, Lessor for and in consideration of covenants and conditions set forth herein, Lessor does hereby let, demise and lease unto Lessee thel hereinafter described property upon the following rentals, terms, covenants and conditions, and Lessee hereby accepts said Lease upon  said terms, rentals, covenants and conditions.  PROPERTY: LEASED:  LOTS 7,8,9,10,11AND 12, BLOCK 9, TOWN OF DOLORES, COLORADO, AND LOTS 1,2,3, BLOCK3, OF SOUTHERN SUBDIVISIONTOTHE TOWN OF DOLORES COLORADO, THE. PLATS OF WHICH WERE. FILED IN THE Thej property commonlyl known as 715] Railroad Avenue. Dolores, CO81323  OFFICE OF THE CLERK. AND RECORDER. Assessor's Parcel No.: 5359-103-16-002  AND  Lots 1,2,3,4, and 51 Block 21, Town ofDolores, as per the plat ofrecordi int the THE SUBJECT. PROPERTY MAY: BE: LOCATED IN. A SPECIAL TAXING Thej property commonly known as 207 S. 3rd Street Dolores, CO 81323  office oft the Clerk and Recorder.  DISTRICT.  Assessor's Parcel No.: 5359-094-14-003  TERMOFLEASE: Theterm ofthis lease: shall bei fora as sixty (60)month period, commencing on June 15, 2023 and ending on June 14, 2028, unless sooner terminated by the parties as herein  provided.  OPTIONSTORENEWLEASE: For and in consideration oft the covenants and conditions contained herein, Lessee shall be allowed to renew this Lease for an additional five-year term sO long as the property is continuously used for a commercial vacation rental business and all terms  and conditions ofthis agreement are satisfied.  Page 1    PAYMENT: Rent for this lease shall be a total of $ 30eopayable in monthly installments ofs 500.00. Payments shall be due on the fifteenth (5)day of each month. Any payment received after thet twentieth day ofany month shalll bes subject to a $250.001 latei fee. Lessee's This Lease shall be a triple net lease such that Lessee shall be solely responsible for the costs ofalli insurance, maintenance, repairs, utilities, and taxes associated with thei rental premises. So long as Lessee complies with all terms and conditions ofthis Agreement, there shalll bei noi rental payments  rent obligation begins June 15, 2023.  due and owing from Lessee to Lessor.  IMPROVEMENTS: Lessee shall be solely responsible for remodeling and making improvements to the premises as may be necessary and appropriate for the uses contemplated by  Lessee.  REPAIRS ANDI MAINTENANCE: Except as otherwise provided herein, Lessee shall at its sole cost and expense make all necessary repairs and maintenance to all portions of the demised premises as well as any personal property or equipment located in said building including, but notl by way of limitation, any signs desired on the outside of said building. Said repairs and maintenance shall include, but not by way of1 limitation, the: repair of all fixtures, plumbing, and electrical. Such repairs and replacements shall be made promptly, as and when necessary. All repairs and replacements shalll bei in quality and class at least equal to the original work. On default ofthel Lessee inr making suchi repairs or replacements, thel Lessor may, but shall: not berequired to, make suchi repairs and replacements for thel Lessee's account, and the expense thereof shall constitute and be collectible Lessee shall be responsible for upkeep and maintenance oft the exterior portions of the building, including foundation, theroofand any structural ore exterior walls, and shall further bei responsible for the maintenance and upkeep of the sidewalks, driveways and exterior parking areas, including, but  as additional rent.  not by way of1 limitation, ice and snow: removal.  INSURANCE: Lessee shall, at all times during the term oft this Lease, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insureLessee against liability fori injury to or death of persons or loss or damage toj propertyo occurring in the demised premises with limits of coverage at least $500,000.00 per person and $1,000,000.00  per occurrence.  Lessee agrees to indemnify and hold harmless Lessor against any and all claims, debts, demands and obligations which may bei made against Lessor or against Lessor's title in thej premises, arising out of, or in connection with, any alleged act or omission ofLessee or any person claiming,  under, by and through Lessee.  Lessee shall provide a copy of said insurance to Lessor within 7 days of signing this Lease Lessee agrees to maintain in force a Fire and Hazard insurance policy upon the demised premises at all times during the term oft this Lease. Lessor shall be the loss beneficiary pursuant to  and shall keep the same ini full force and effect during the duration ofs said Lease.  Page 2    the provisions ofs said policy.  Lessee agrees to maintain in force a policy of insurance covering Lessee's contents and USE: Lessee stipulates and agrees that the demised premises herein leased shall be used as a Lessee: further stipulates and agrees to comply with all: relevant laws, statutes and ordinances and shall make no illegal use of the premises or use same in any way that is likely to impair any  equipment. Lessee shall be the loss beneficiary pursuant to the provisions ofs said policy.  restaurant establishment.  insurance policies covering or pertaining to the premises.  UTILITIES: Lessee shall pay all utilities including but not limited to the cost for all water, propane, electricity, gas, telephone and sanitation fees related tol Lessee's use ofthes subject property. TERMINATION - TIME OF THE ESSENCE: Lessee stipulates and agrees that insofar as payment ofrentals as hereinabove: provided is concerned time is oft the essence thereofand that ini the event of any default, for aj period ofmore than thirty days, inj payment of any ofs said rental as above provided that the same shall constitute and be a substantial breach or default under the terms and conditions ofthis lease and Lessor may, subject tot the notice provisions hereinafter provided, declare this] Leaset terminated by giving written noticet to Lessee addressed tol Lessee at P.O.Box 215,Dolores, Colorado 81323, by certified mail return receipt requested with sufficient postage thereon and the date of posting of said notice of termination in the United States mail shall constitute date of termination and Lessee stipulates and agrees that Lessee will peaceably surrender and deliver up possession of said demised premises to Lessor and after SO delivering said demised premises to Lessor, Lessee's future: rights, duties and obligations under this Lease shall cease and terminate. demised premises shall become the property ofLessor upon termination of this agreement.  The parties agree and understand that all improvements and fixtures incorporated into the RIGHTTOCURE: Int the event Lessor determines that Lessee: isi in default with regard tot the payment ofrent orwithi regard to any other provisions, condition or covenant ofthis Lease. Agreement, notice shall be provided in writing to Lessee specifying the event of default and providing Lessee 30  days within which to cure said default.  WAIVERS: No waiver by Lessor or Lessee of any provisions hereof shall be deemed a waiver of any other provision ofthis Lease or any subsequent breach by Lessee of the same or any  other provision.  CONTROLLING LAW: This agreement shall be construed and interpreted in accordance with the laws of the State of Colorado. Any action to enforce the terms oft this agreement may be  brought ini the county and state in which thej premises arel located.  HOLDING OVER: IfLessee shall continue to occupy and continue to pay rent for the premises after the termination of this Lease with or without the consent of the Lessor and without further written agreement, Lessee shalll be ai tenant from month-to-month at thei monthly rental ofthe  Page 3    last full monthly rent payment due pursuant to this Lease and shall be subject to all ofthe additional rentals, terms and conditions herein set forth, including the option to purchase set forth herein, but  except as tot the expiration oft the term oft this agreement.  SEVERABILITY: Should any provision or provisions of this agreement be illegal or not enforceable, it or they shall be considered separate and severable from this Lease and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision  orp provisions had never been included.  NOTICES: Any notice required or permitted tol be delivered hereunder shalll be deemed tol be delivered when actually received by Lessor or Lessee, as the case may be, at the addresses set forth above, or at such other addresses as they have heretofore specified by written notice delivered in  accordance herewith.  ATTORNEY FEES: In the event that a suit is necessary to enforce any of the provisions herein contained, or to recover possession of the premises herein named, the non-prevailing party  agrees toj pay all attorney fees and expenses incurred by thej prevailing party.  BINDING AND OBLIGATORY: Thej parties hereto stipulate and agree that this Lease shall bel binding and obligatory upon the parties hereto, its heirs and its personal representatives and that the same shalll be executed in original duplicate with each party hereto receiving ai fully executed copy  thereof.  ENTIRE AGREEMENT: This is the sole and entire agreement between the parties, and no modification hereto will be of any force or effect unless evidenced in writing by both oft the parties  hereto.  SIGNED and dated this 20Hday of Jore 2023.  LESSOR: KKVDEVELOPMENT, LLC nig Broc Smith, Manager  LESSEE:  KKVRESTAURANT,LLC Mis Broc Smith, Manager  *****  Page 4    STATE OF COLORADO ) County ofl Montezuma  )ss. )  The foregoing instrument was acknowledged before me this aOday of, Ju,2023,1 by Broc  Smith as Manager of KKV Development, LLC.  My commission expires: aug 7 1025 WITNESS my hand and official seal.  ÇAITLIN E. WILLBANKS NOTARY PUBLIC STATE OF COLORADO NOTARY ID2 20134050024 MYC COMMSONEPPRESAUG: .7.2025  Adtwhk  Motary Public  STATE OF COLORADO ) County ofl Montezuma  )ss. )  The: foregoing instrument was acknowledged before me this /9dayofJu 2023, ,by Broc  Smith as. Manager ofKKVI Restaurant, LLC My commission expires: 2025 WITNESS my hand and official seal.  auo 7  CAITLINE. WILLBANKS NOTARY PUBLIC STATE OF COLORADO NOTARY ID: 20134050024 MY COMMISSION! EXPRESAUG.7.2025  Motary  WLL  Page 5    Colorado Secretary of State ID#: 20231464595 Document #: 20231464595 Filed on: 04/28/2023 09:30:49/ AM Paid: $1.00  Colorado  Secretary of State  Articles of Organization for a Limited Liability Company filed pursuant to $ 7-90-301 and $ 7-80-204 ofthe Colorado Revised Statutes (C.R.S.)  The domestic entity name of thel limited liability companyi is KKVI Restaurants, LLC  The principal office street addressi is 715 Railroad Ave. The principal office mailing addressi is POBox 215 The name of the registered agenti is Broc Smith Thei registered agent's street address is 715 Railroad Ave. The registered agent's mailing addressi is POI Box 215  Dolores CO 81323 US  Dolores CO81323 US  Dolores CO 81323 US  Dolores CO 81323 US  Thej person abovel has agreed tol be appointed as the registered agent for this entity. The management of the limited liability company is vested in Members There is atl least one member of the limited liability company. Person(s) forming the limited liability company  Broc Smith POI Box 215 Dolores CO81323 US Drake Smith POI Box 215 Dolores C081323 US  Causing this document tol be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document ist the individual's act and deed, or that the individual in good faithl believes the documenti ist the act and deed oft the person on whose behalfi the individual is causing the document tol be delivered fori filing, takeni in conformity with thei requirements of! part 3 ofarticle 90 oftitle 7, C.R.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts statedi in the document are true and the document complies with the requirements oft that Part, the constituent documents, and the organic This perjury notice applies to eachi individual who causes this document tol be deliveredi tot the Secretary of State, whether or not  statutes.  suchi individual is namedi int the document as one who has causedi it tol be delivered. Name(s) and address(es) of thei individual(s) causing the document to be delivered for filing    Kelly RI McCabe 221 EMain St Cortez CO 81321 US    Colorado Secretary of State ID#: 20231464595 Document #: 20231464802 Filed on: 04/28/2023 09:51:53AM Paid: $25.00  Colorado  Secretary of State  Articles of Amendment for a Limited Liability Company filed pursuant to $ 7-90-301 and $ 7-80-204 oft the Colorado. Revised Statutes (C.R.S.)  The entity ID Number is 20231464595 The entity name was KKVI Restaurants, LLC The new entity namei is KKVI Restaurant, LLC  Causing this document tol be delivered to the Secretary of State for filing shall constitute thes affirmation or acknowledgment of eachi individual causing such delivery, under penalties ofp perjury, that the document is thei individual's act and deed, or that the individual in good faith believes the document is the act and deed oft the person on whose behalf the individual is causing the document tol be delivered for filing, taken in conformity with the requirements of part 3 ofa article 90 oftitle 7, C.R.S., and, if applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts statedi in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic This perjury notiçe applies to eachi individual who causes this document tol be delivered to the Secretary of State, whether or not  statutes.  suchi individual isi named int the document as one whol has caused itt to be delivered. Name(s) and: address(es) oft thei individual(s) causing the document tol be delivered for filing  Kellyl RI McCabe 22EN Main St Cortez CO8 81321 US    OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO  CERTIFICATE OF FACT OF GOOD STANDING I,Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the  records of this office,  KKV Restaurant, LLC isa Limited Liability Company  formed or registered on 04/28/2023 under the law of Colorado, has complied with all applicable requirements oft this office, and is in good standing with this office. This entity has been assigned entity This certificate reflects facts established or disclosed1 by documents delivered toi this office onj paper through 05/04/2023 that have been posted, and by documents delivered to this office electronically through Ihave affixed hereto the Great Seal of the State of Colorado and duly generated, executed, andi issued this official certificate at Denver, Colorado on 05/05/2023 @ 11:09:18 in accordance with applicable law.  identification number 20231464595.  05/05/2023 @ 11:09:18.  This certificate is assigned Confirmation Number 14938862  O  YUN 1876  genauovnll Secretary of State oft the State ofColorado  End of Certificate*  Notice: A certificate issued electronically from the Colorado Secretary of State' 's website is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's website, otmhuemCeSeoira entering the certificate'sc confirmation mumber displayed on the certificate, andj following thei instructions displayed. Confirming thei issuance ofac certificate ismerely optional and is not necessary to the valid and effective issuance ofa certificate. For more information, visit our website, htps/Aw.coloradauos; gov click" "Businesses, trademarks, trade names" and select "Frequently. Asked Questions.'    OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO  CERTIFICATE OF FACT OF TRADE NAME I, Jena Griswold ,as the Secretary of State oft the State of Colorado, hereby certify that, according to  the records of this office, a Statement ofTrade Name for:  The Steakout! Fine Meats and Cocktails (Entity D # 20231464639)  was filed int this office on 04/28/2023 with an effective date of 04/28/2023  This certificate reflects facts established or disclosed by documents delivered tot this office onj papert through 06/16/2023 that have been posted, and by documents delivered to this office electronically through Ihave affixed hereto the Great Seal oft the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 06/20/2023 @ 08:47:32 in accordance with applicable law.  06/20/2023 @ 08:47:32.  This certificate is assigned Confirmation Number 15079642  OL Et  gnaLuovnk Secretary of State of the State of Colorado  1876  End of Certificate  Notice: A certificate issued electronically from the Colorado Secretary of State's website is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page ofthe Secretary of State's website, Amp/Am.coloradasos, aeCwwwscinee entering the certificate's confirmation number displayed on the certificate, and. following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the vdlid and effective issuance of a certificate. For more information, visit our website, Ampr.Anm.coloradosas, gov click "Businesses, trademarks, trade names" ands select "Frequently Asked Questions."    OPERATING AGREEMENT  OF  KKVRESTAURANILLC  THIS. AGREEMENT oft thel KKV: Restaurant, LLC, hereinafter referred to as The Company, made this 20dayofJune, 2023, and Broc Smith and Drake Smith referred to herein as Members. NOW THEREFORE, the members hereby agree to carry on business as a limited liability company pursuant to the Colorado Limited Liability Company Act under the following terms and  conditions:  ARTICLEI  The members agree to carry on the business of The Company in accordance with the Articles of Organization, filed with the Colorado Secretary of State on April 28, 2023 in  accordance with the. Act above cited.  ARTICLEII  The Company has been formed for any and all legal and legitimate purposes permitted  pursuant to the Colorado Limited Liability Company Act.  ARTICLE III  The Company shall commence on April 28, 2023, and shall continue until terminated as  hereinafter provided.  ARTICLE IV  The Company shall retain professional and appropriate accounting services and shall direct that its accounting records be maintained by said accountant or accountants according to responsible and consistent accounting practices, and shall report its income fori income tax purposes on the cash  basis method ofaccounting.  It is the intent of the Members that the Company shall always be operated in a manner consistent with its treatment as partnership for Federal and State income tax purposes, but that the  Page 1    Company notl be operated or treated as aj partnership fort thej purposes ofthel Federal Bankruptcy Code.  No Manager orl Member shall take any action inconsistent with this intent.  ARTICLEV  The initial capital contributions oft thei members shall be as follows:  a. b.  Broc Smith Drake Smith  50% 50%  An individual capital account shalll be maintained for each member.  ARTICLE VI  The fiscal year of the Company shall bet the calendar year. Net profits and net losses ofthe company shall be credited or charged as soon as practicable after the close ofe each fiscal year, to the  capital accounts ofthe members in the following proportions:  a. b.  Broc Smith Drake Smith  50% 50%  ARTICLE VII  The members hereby agree that any and all non-managerial decisions that are made by the members shall be made jointly with the members having a voice in accordance and inj proportion to their percentage of ownership. Fifty-One percent ownership interest based on the capital accounts voting for or against any proposition shall bes sufficient to carry the decision. A quorum for purposes ofholding any vote shall be seventy-five percent ofthet total outstanding ownership interest.  ARTICLE VIII  Thei members hereby agree to retain Broc Smith and Drake Smith as co-managers, hereinafter collectively referred to as Manager, toj provide and perform all of thei management duties necessary fort thes smooth and successful operation ofThe Company. Manager shallj perform thei following duties  and functions:  Page 2    a. b.  Manage and operate the business ofThe Company as directed Maintain and keep a set ofbooks, which can be used by The Company's accountant to perform and prepare all necessary  by the membership.  accounting records.  ARTICLEI IX  Retirement, death, or insanity of any member shall work an immediate dissolution of The Ifany member should desire to: retire from The Company during their lifetime, they shall: first offer in writing to sell their entire interest to the other members. The offer shall be based on aj price determined in accordance with the provisions of the third paragraph of this Article. The selling member may not be compelled to sell less than their full interest. Ifthe offer is not accepted by the other members within 30 days ofreceipt thereof, thei member desiring to withdraw shall havet thei right to sell their interest to any other person but shall not sell such interest without giving the remaining members the right toj purchase such interest at a priçe and on1 the terms offered by such other person. The value ofthe deceased orI retiring member'sinterest for thej purpose ofthis. Agreement shall  Company except as provided herein.  be an amount equal to the sum oft the following items:  a.  The capital amount of the deceased or retiring member's interest as shown by thel books ofThe Company at the end of the last fiscal year before their death or retirement: Plus the decedent's or retiring member's share ofthe profits, or less the decedent's or retiring member's share of the losses of The Company computed from the beginning of the fiscal year of which their death or retirement occurred to the last day oft the month in which his death or retirement occurred, and less all withdrawals during this period, and appreciation to reflect market value according to appraised value, plus any and all appreciation in the portion which is not reflected in The Company's capital accounts, but is in accordance with The Company's market value, which appreciation shall be derived  from a competent appraisal.  No value for good will, going concern, firm name, or similar intangibles, shalll bei included in  any such computation oft the value of ai member's interest.  Page 3    Upon the death of any member that member's share of The Company shall pass to his surviving spouse, ifthei member's spouse fails tos sO survivei thei member his share shall transfer tol his  issue by right ofr representation.  In the event oft the retirement, death, ori insanity of any member, the surviving members shall have the: right to continue business ofThe Company under its present name: in conjunction with any  other person, or persons, they may select.  All amounts payable hereunder to a retiring member or to al legal representative ofa deceased ori insane member shall constitute payment for the interest ofs such member in' The Company property and shall be considered as a distribution ofThe Company property under Section 736B ofthel Internal  Revenue Code and not aj payment ofincome under Section 736A thereof.  ARTICLEX  The members ofThe Company shall enjoy limited liability and no member shall be liable to any party, agency, person or company for the alleged improper actions of The Company or of the  members while acting within the scope of company business.  ARTICLE2 XI  The operations of The Company shall be directed by the members. The Manager is hereby directed and authorized to contract with contractors and subcontractors asi may bei necessary to fulfill the obligations, contracts and duties oft the Company all as: may be directed by the membership.  ARTICLE: XII  1.  Checks shall be drawn on The Company bank account for company purposes only  and must be signed by the manager. Promissory notes shall require the signature oft the: manager. 2. The members shall have the right to manage The Company assets in furtherance of The Company purposes as they deem prudent, except as provided inl Paragraph 3 ofthis Article.  3.  Nor member may, without consent oft the other members:  a. b.  Borrow or lend money on behalfofThe Company; Execute any mortgage, bond, or lease;  Page 4    C. d.  Assign, transfer, or pledge any debts due, except upon Compromise any claim due to' The Company or, submit to the arbitration any dispute or controversy involving The Sell, assign, pledge, or mortgage his or her interest in The  payment in full;  Company; Company;  e. f. g. h. i. j.  Admit aj person as ai member; ordinary business ofThe Company; Confess aj judgment against The Company;  Do any act that would make it impossible to carry on the  Possess The Company property or assign rights in The Company property for other than The Company use;or Do any act in contravention ofthis Agreement.  ARTICLE XIII  The Company shall maintain a bank account or bank accounts in such bank or banks as the Thel books ofaccount shall be open toi inspection by any member, or by his or her accredited The: members agree that they will execute any further instrument and that they will perform any acts that are or may become necessary to effectuate and to carry on the best interest oft the The  members may determine.  representative, at any reasonablet time.  Company.  ARTICLE. XIV  Any notice called for between the Members int this Operating Agreement shall be directed to  Page 5    thei respective addresses or email addresses listed below. Ifthe notice is given via email, the notice: is  deemed to be effective upon sending.  Broc Smith Drake Smith  haagit@yahoa.can dgsmth5@ lwe.cow  A copy ofthis document may be executed by each party, separately, and when each party has executed a copy thereof, such copies, including facsimile copies, taken together shall be deemed  tol be a full and complete Operating Agreement.  IN WITNESS WHEREOF, the Members have signed this Agreement.  mis Broc Smith ALLR Drake Smith  Page 6    Reçorded Electronically Reception) No. 151135 County; Mmua Date: lR23 Time: 2Hpm Simplifie.com 800.460.5657  Statement of Authority (Section 38-30-172, C.R.S.)  1. This Statement of Authority relates to an entity' named KKVLLC  2. The type of entity is a: corporation nonprofit corporation limited liability company general partnership limited partnership  registered limited liability partnership registered limited liability limited partnership limited partnership association govemment or governmental subdivision or agency  trust  3. The entity is formed under the laws of Colorado  4. The mailing address for the entity is 1024 Belvedere Court. Fort Collins. Colorado 80525 5. The name position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is Kristy K. Vigil. Manager 6.2 The: authority of the foregoing person(s) to bind the entity is XInot limited a limited as follows: 7. Other matters conceming the manner: in which the entity deals withi interests ini real property:  8.3 This Statement of. Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, 9.4 This Statement of Authority amends and supersedes in all: respects any prior Statement of Authority executed on  C.R.S.  behalf of the entity. Executed this 6 day ofMay-2023.  inet yy   LC  EOq0 Kristy K. Vigil,Manager  Mgnpr  STATE OF COLORADO COUNTY OF Larimer The KKVLLC.  )ss. )  Junkh  foregoing instrument was acknowledged before me lsfP'ayd ofMay2023, by Kristy K. Vigil as Manager of  Witness my hand and official seal. My commission expires: 517la0e1  VIKIEL LANEY Notary Public State of Colorado Notary ID # 20034011227 My Commission! Expires 05-07-2027  Netary Public    Recorded Electronically Reception No. 1s13la County: AAmgnna Date: 43Time pn4 Smplic.com 800.460.5657  QUITCLAIM. DEED  THIS DEED, dated this Lth day of June 2023, between KKV LLC (also identified as KKV, LLC), a Colorado Limited Liability Company, of Larimer County, Colorado, as Grantor, and KKVI Development, LLC, a Coloradol Limited Liability Company, whose addressi is P.O.1 Box WITNESSETH, that Grantor, fora and in consideration OfTEN DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have given, released, and QUITCLAIMED, and by these presents do give, release, and QUITCLAIM unto Grantee, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which Grantor hasi in: andt tot the real property, together withi improvements, ifany, situate, lying and beingi int the County of Montezuma and State of Colorado, described asi follows: All of Grantor's right title: andi interest in the following described real property: LOTS7,8,9,1 10,11AND 12, BLOCKS 9,TOWN OFI DOLORES, COLORADO, ANDLOTSI 1,2,3, BLOCK3, OF SOUTHERN: SUBDIVISION: TO1 THE1 TOWN OF DOLORES COLORADO, THE PLATS OF WHICH WEREI FILED INTHE Thej property commonly known as 715 Railroad. Avenue Dolores, CO81323  215, Dolores, Montezuma County, Colorado, as Grantee.  OFFICE OF THE ÇLERK. ANDI RECORDER. Assessor" sl Parcel No.: 5359-103-16-002  AND  Lots 1,2,3,4, and 51 Block 21, Town of Dolores, as per the plat ofrecord int the THE SUBJECTI PROPERTY MAY BEI LOCATED IN A! SPECIALTAXING Thej property commonly known as 207 S.3 3r Street Dolores, C081323 THIS DEEDI IS TO CORRECT THOSE CERTAIN DEEDS RECORDED APRIL19, 2023, AT RECEPTION NOS. 650412 AND 650411 OF THE RECORDS OF THE MONTEZUMA COUNTY CLERK. AND RECORDER IN WHICH KKV, LLC ERONEOUSLYTOOK TITLE ONI BEHALFOFI KKYDPVIOPMENTL TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging ori in anywise thereunto appertaining, and all the estate, right, title interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use, IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above.  office oft the Clerk andl Recorder. DISTRICT.  Assessor's Parcel No.: 5359-094-14-003  benefit and behoofof Grantee, its heirs and assigns forever.  KKVLLC Kristy K. VigH, Manager STATE OF COLORADO ) County ofLarimer  a Maraa  )ss  GAA  The foregoingi instrument was acknowledged before me this ( day of] June 2023,6 by  Kristy K. Vigil as Manager of KKVLLC. WITNESS my hand and official seal. VIKIE LANEY Notary Public State of Colorado Notaryl ID# #: 20034011227 My Commission Expires 05-07-2027  -  Notary Public    TOWN OF DOLORES, COLORADO ORDINANCE NO. 566 SERIES 2023 AFFORDABLE HOUSING  AN ORDINANCE TO AMEND THE DOLORES LAND USE CODE TO PROMOTE WHEREAS, pursuant to C.R.S. $ 31-23-301, the Town of Dolores ("Town") possesses the authority to: zone, rezone, change, supplement, and revise the zoning classifications or designation WHEREAS, the Town is authorized' by C.R.S. $31-23-301 to regulate zoning and land use within the Town'sb boundaries, and the Town has in fact adopted a comprehensive. zoning scheme. WHEREAS, the Dolores Town Board identifies housing affordability as a priority community WHEREAS, the Dolores Town Board believes that it is important that the people who serve our community including hourly employees, town staff and our teachers have the option to livei in the WHEREAS, a diversity of housing options benefits community vitality and health; and, WHEREAS, encouraging a diversity of housing options will increase the ability ofindividuals and families across a range ofincome levels to choose to live in the same community in which they WHEREAS, the Town of Dolores has created a task force to study the issue of housing WHEREAS, the Planning Commission has held numerous meetings to study the issue of housing WHEREAS, the Department ofLocal Affairs and the state of Colorado under the newly passed Proposition 123 provide funding opportunities to municipalities and developers for affordable WHEREAS, the Town of Dolores Planning Commission and the Housing Task Force has recommended certain changes to the Town of Dolores Land Use Code to achieve the goal of promoting the development of affordable and workforce housing in the community as well to be better positioned toi reçeive grants and other funding to support these goals; and, WHEREAS, after public notice and final public hearing on July 18, 2023 as required by the Dolores Land Use Code and applicable law and regulations, the Town of Dolores Planning and Zoning Commission has recommended approval of proposed amendments set forth in Exhibit A, WHEREAS after public notice and public hearing, the Town of Dolores Board of Trustees finds that the proposed amendments tot the remaining provisions of the Town ofDolores Land Use Code promote the health, safety and welfare and are ini the best interests of the citizens of the Town of  of property and to regulate land uses within the' Town.  issue; and  community they serve; and,  work; and,  affordability and make: recommendations to the Board ofTrustees; and,  affordability; and,  housing projects; and,  attached hereto and incorporated herein by reference.  1/Page    Dolores, including the goal of promoting the Town's inventory of affordable and workforce WHEREAS, the Board of Trustees wish to exercise its express statutory authority to amend the Town of Dolores Land Use Code as set forth herein in order to obtain sources of funding to promote affordable and workforce housing and toincentivize development in a mannertoincrease NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE SECTION 1. The Town of Dolores Land Use Code as adopted by Ordinance 556-2021 on December 13, 2021 and Ordinance 557-2022 on February 14, 2022ish hereby amended as provided SECTION2. The Dolores Land Use Code shall otherwise remain in full force and effect except SECTION3. Ifany section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any oft the remaining provisions of this Ordinance.  housing, and should be adopted.  the' Town'sinventory of affordable and workforce housing.  TOWN OF DOLORES:  on Exhibit A, attached hereto and incorporated herein by reference.  as expressly amended herein.  SECTION4. This Ordinance shall take effect publication whichever is later.  or thirty (30) days after final  PUBLIC HEARING. This ordinance shall be considered for second or final reading on the Hall, Dolores, Colorado, at which time and place all persons may appear and be heard concerning  day of  2023, in the Town Board Chambers in Town  the same.  Passed adopted and approved on the first reading on July  2023.  DOLORES BOARD OF TRUSTEES:  By:  Mayor Leigh Reeves  Attest: By:  Town Clerk Tammy Neely  2IPage    Passed adopted and approved on the second and final reading this  day of  2023.  DOLORES BOARD OF TRUSTEES:  By:  Mayor Leigh Reeves  Attest: By:  Town Clerk Tammy Neely  3Page    EXHIBIT A  1. Table 4.1 Primary Usesi is amended as follows:  CB M D C  LL ne R1 ne MR M 1+ CH LI ne P R1 R3  R W  W F H 2  W  0 5  Table 4.1: Primary Uses  LL LL N N N H M M IN R1 R2 R1 R2 R3 P  R1 R3 Additional Use  U D P1 P2 0 5 Limitations  Key: /PI Permitted Use PL/Permitted with Use Limitations ICI I-/ Not Permitted [11 Affordable Housing Required  Conditional Use  RESIDENTIAL Households Living (dwelling unit/structure). 1du/structure 2 du/structure Townhomes (3or more attached units) 3-4 du/structure multifamily 5-8 du/structure apartment 9+ du/structure apartment Affordable dwelling unit(s) Manufactured Home  P PPIPIPIP C PL P PIPPIPPI PL PL  - P P  Sec.4.5.A Sec. 4.5.A Sec. 4.5.A  C CC [11 DJ [11  P P C P P 1)  C P PL PL C PL PL  P P : P  P PIPIPIPIPI P P  P P Sec. 4.5.A  Sec.4 4.5.A  2. Section 4.5.A.1 is ameneded as follows:  A. 1.  Residential Uses Affordable Housing  Affordable dwelling units shall comply with the following: (a) The project shall meet the dimensional and density standards of the (b) All units shall meet the definition of Affordable Housing in Section 2.6. (c) Density bonus is not applicable to affordable housing projects approved  applicable zone district.  administratively.  3. Section 5.1 is amended to include the following section:  4IPage    D. Density Bonus for Affordable Housing  The Planning Commission may recommend and the Board of Trusteesmay approve and apply any combination of thei following adjustments to accommodate the inclusion of one affordable housing unit per loti ina addition to the maximum number of units allowed int the applicable zone district (for example, where a duplex uniti is allowed, at triplex may be approved when one of the units meets the Town requirements for affordability):  1. 2. 3. 4. (a) (b) 5. dwelling unit, and 6. reduced by 50%.  Minimum setbacks or lot widths may be adjusted by upt to 20 percent; Maximum lot coverage may bei increased by up to 20 percent; Minimum lot size may be reduced by 20 percent; Maximum height may be increased:  Residential zoning district limit of 35 feet may bei increased to 401 feet; Heighti in mixed-use or nonresidential districts may bei increased by 1 story, not to exceed an additional 151 feet above the original maximum height; The required off-street parking spaces may be reduced to 1.5 spaces per Ifap public park or open space is located within 1,320 feet and safely accessible to the development site, any required open space dedication may be  4. Section 13.20 is amended as follows:  A. Purpose  The PUD, Planned Unit Development District is designed to provide flexibilityi in the siting of structures to avoid or mitigate any hazardous areas, historic and prehistoric site's;t tot take advantage oft the sites unique, natural, resource or scenici features; and to preserve open spaces. Iti isi intended for application in all residential districts.  B. Types of Planned Unit Developments  1.G General PUD  The Town Board, after publichearing and due notice and after recommendation from the Planning and Zoning Commission, may authorize the creation of the Planned Unit Development Districts on parcels of land containing at least five times the minimum lot area in the underlying zone district. Al Planned Unit Development designation may be applied to landi intended for residential development purposes. In order to be deemed as an acceptable alternative to the Town's established zone districts, a Community Benefit PUD: shall include at least one of thei following  2. Community Benefit PUD community benefits:  5IPage    a. Affordable Housing PUD providing atl least 20 percent of the proposed residential units in either rental or for-sale deed-restricted affordable housing. b. Historic Preservation PUD including an existing structure or site that is currently designated ori is documented as eligible for designation on the Town Register, state list of historic structures, or the National Register of Historic Places withina contiguous areai included int the PUD application, and must either: 1. In the case of an existing designated historic structure or site, the PUD application must include a written commitment to preserve the structure or site in compliance with all applicable historic preservation standards for a period of at least 2. Ini the case of an undesignated historic structure or site, the PUD application musti include a written commitment to complete the Town designation of the structure or site prior to development of any portion of the PUD, and to preserve the designated structure or sitei in compliance with all applicable historic preservation 3. The PUD application mayi include additional lands contiguous with the lot or C. Sustainable/Reslient Design PUD with proposed project, site, or building design features intended to achieve one or more oft thet following reductionsi in resource consumption or trip generation when compared to those levels anticipated for developments of a similar type under the reference base district: a. Areduction in water consumption of at least 25 percent; or b. Areduction in non-renewable energy use of at least 25 percent; or  20 years; or  standards for a period of at least 20 years. parcel containing the historic structure.  Areduction in average daily motor vehicle trip generation of at least 25 percent; d. Acombination ofr reductions in water consumption, non-renewable energy use, and/or average daily motor vehiclet trip generation providing at least an equivalent  sustainable/reslient development benefit to the Town.  C. Procedures 1. Common Procedures 2. Specific Procedures  Common procedures for al PUD: approval are established in Table 13.2.  Every PUDI District approved under the provisions of this LUC: shall follow the rezoning procedure of Sec. 13.30, Zoning Map Amendment, and be considered. an  amendment to the zoning map. D. Site Plan Requirement  6IPage    1. The establishment ofa Planned Unit Development District shall require a comprehensive site plan oft the development per Sec. 13.23. The: site plan shall be approved as part of the ordinance approving al Planned Unit Development prior to 2. The site plan and ordinance shall set forth the requirements fori ingress and egress tot the property with adequate right of way, special setbacks, sidewalks, trails, utilities, drainage, parking space, building height, maximum lot coverage, common open space, screening or fencing, landscaping and other development and protective requirements including aj plan for the maintenance of common open space. E. Permitted Variation from Zoning Dimensional Standards In order to achieve the purpose andi intent of the PUD District, variation may be permitted with respect to the minimum lot area, setbacks, lot width, lot coverage,  thei issuance of any further approvals or permits.  and height. F. Maximum Density  1. The maximum density in a General PUD: shall be no greater than that permitted in 2. The Zoning Administrator may recommend and the Board of Trustees approve a maximum density increase in a Community Benefit PUD by upi to 20 percent based on the applicant's ability to demonstrate that the increased density is appropriate for the location, will not detrimentally impact surrounding neighborhoods, and that the site does not meet any of the density reduction criteria in Section F.3.  the underlying zone district prior to PUD approval.  3. Densities in any type of PUD may be reduced if:  1. There is not sufficient water pressure and other utilities to service the proposed 2. There are not adequate roads to ensure fire protection to the proposed 3. The land is nots suitable for the proposed development because ofs soil or geologic conditions, flood hazards or the presence of historic or prehistoric sites; or 4. The design and location of any proposed structure, road, or drivewayi in the proposed development is not compatible with surrounding land uses, would adversely affect the neighborhood character or adversely affect critical natural  development; development;  features of the: site.  G. Minimum Common Open Space  The minimum common open space shall be 30 percent oft the land area in the PUD; provided that, all areas in al PUD that are impacted by geologic hazards, flood hazards, or the presence of historic or prehistoric sites shall be set aside as common open: space for the benefit oft the residents and occupants of the PUD.  7IPage    H. Uses  The permitted, accessory, conditional, and temporary uses allowed shall bet those of  the underlying zone district.  8IPage    RESOLUTION R542 SERIES 2023  A RESOLUTION OF THE TOWN OF DOLORES AUTHORIZAING A MAIL BALLOT ELECTION ON NOVEMBER 7, 2023, AND SETTING FORTH OTHER DETAILS WHEREAS, the Town ofl Dolores (the "Town"), isac duly organized and existing statutory WHEREAS, the members oft the Board of Trustees ofThe Town of Dolores (the "Board") have WHEREAS, the Board of Trustees has authorized a special election on November 7, 2023, on WHEREAS, the Town has determined that the Town Clerk will conduct the election on November 7, 2023, as an independent mail ballot election pursuant to C.R.S. $S 1-7.5-104 and WHEREAS! itis necessary to set forth certain procedures concerning the conduct of the election. NOW, THEREFORE, BE. ITI RESOLVED BY THE BOARD OF TRUSTEES OF THE' TOWN  RELATING THERETO  municipality oft the State of Colorado; and been duly elected and qualified; and two ballot questions; and  31-10-908; and  OF DOLORES, COLORADO, AS FOLLOWS:  Section 1. All action heretofore taken (not inconsistent with the provisions of  this resolution) by the Town and the officers thereof, directed towards the election and the objects and purposes herein stated is hereby ratified, approved and confirmed.  Section 2. Unless otherwise defined herein, all terms used herein shall have Section 3. The Board hereby determines that the special election of the' Town  the meaning defined in the Municipal Election Code.  to be held on. November 7, 2023, shall be conducted as a mail ballot election pursuant to. Part9,  Article 10, Title 31 oft the Colorado Revised Statutes.  Section 4. The Town Clerk is hereby appointed as the designated election  official of the' Town for purposes of performing acts required or permitted by law in connection with the election, and she may execute such documents as may be required in furtherance of this  power.  Section 5. The Town Clerk is authorized and directed to appoint election Section 6. Thei intergovernmental agreement between the Town and the  judges pursuant to C.R.S. $31-10-401.  Montezuma County Clerk to conduct the November 7, 2023, election attached hereto as Exhibit Ai is approved by the Trustees and the Town Clerk is authorized to execute that agreement on  behalf of the Town.    Section 7. The Board of Trustees authorizes the expenditure of up to $5,000  for the cost of the coordinated election including the funds to Montezuma County pursuant to the  agreement attached hereto as exhibit A.  Section 8. Ifany section, paragraph, clause, or provision oft this resolution  shall for any reason bel held to beinvalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall in no manner affect any remaining provisions hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to  of this resolution.  Section 9.  All resolutions or parts of resolutions inconsistent herewith are  revive any resolution or part of any resolution heretofore repealed.  Section 10. The effective date oft this resolution shall bei immediately upon  adoption.  ADOPTED AND APPROVED this  day of  2023, by the BOARD OF TRUSTEES OF THE TOWN OF DOLORES, COLORADO.  Mayor Leigh Reeves ATTEST:  Town Clerk Tammy Neely    INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF DOLORES AND THE MONTEZUMA COUNTY CLERK. AND RECORDER FOR THE CONDUCT AND ADMINISTRATION OF THE 2023 COORDINATED ELECTION TO  BE HELD NOVEMBER 7, 2023  This Intergovernmental Agreement for coordinated election ("IGA") is made and entered into by and between the' Town ofDolores (the Jurisdiction") and the County Clerk and Recorder  for Montezuma County, Colorado (the "County Clerk"), together "the Parties."  1.  RECITALS AND PURPOSES  1.1 As provided by law, the County Clerk shall conduct an election on behalf of the 1.2 The Jurisdiction is aj political subdivision that is authorized tol hold an election as provided 1.3 The election to bel held on November 7, 2023 (the "Election") shall be conducted pursuant to the Uniform Election Code of 1992 $ 1-13.5-101, C.R.S., et seq. ("the Code") and the Rules and Regulations of the Colorado Secretary of State 8 CCR 1505-1, et seg. "Rules Concerning Elections" ("the Rules") as a' "mail ballot election" as defined under $ 1-7.5-102, C.R.S.; 1.4 Pursuant to $ 1-7-116(2), C.R.S., the County Clerk and the Jurisdiction are required to enter into an agreement for the administration of their respective duties and sharing oft the actual 1.5 The County Clerk and the Jurisdiction have determined that itisi in the best interests oft the Jurisdiction, and its inhabitants and non-resident property owners, to cooperate and contract for 1.6 The purpose of this IGA is to allocate responsibilities between the County Clerk and the Jurisdiction for the preparation and conduct of the Election and provide for a reasonable sharing of the actual costs of the Election among the County, the Jurisdiction and other participating For and in consideration of the mutual covenants and promises in this IGA, the sufficiency of  Jurisdiction, whose election is part of the coordinated election.;  by law;  costs related to the Election;  the Election upon the terms and conditions contained in this IGA; and  political subdivisions.  which is acknowledged, the Parties agree as follows:  2.  GENERAL MATTERS  Page 1 of8    2.1 ChiefDesignated Election Official. The County Clerk shall act as the Chief Designated Election Official, hereafter "County Clerk," in accordance with $ 1-1-110, C.R.S. and will be responsible for the administration of1 thel Election as detailed in statutes, the Code, and the Rules. 2.2 Designated Election Official. Montezuma County Clerk and Recorder Kim Percell will be the primary liaison and contact for the County Clerk. The Jurisdiction designates Tammy Neely as its "Designated Election Official" (DEO) who shall act as the primary liaison between the Jurisdiction and the County Clerk and who shall have primary responsibility for the management and performance oft the. Jurisdiction'so obligations under this IGA. Nothingin1 this IGA relieves the County Clerk or the Jurisdiction's Governing Board from their official responsibilities for the 2.3 Term. The term of this IGA: shall be: from the date of signing through December 30, 2023.  conduct ori in the holding oft thel Election as required by law.  3.  RESPONSIBILITIES OF THE COUNTY CLERK  3.1 Initial ballot layout. Upon receipt of the certified ballot text provided by the Jurisdiction pursuant to Section 4.2 below, the County Clerk will create the layout of the text of the ballotina a format that complies with the Code. The ballot text must be satisfactory to the County Clerk. Furthermore, no content changes by the. Jurisdiction shall be allowed after the September 8, 2023 certification of the ballot, without the approval or direction oft the County Clerk. The County Clerk will provide the. Jurisdiction with a copy oft the draft ballot for the. Jurisdiction'sreview, along with any instructions for modifications to the ballot layout and the time period within which the Jurisdiction must return the modified ballot to the County Clerk. Ifmodifications are made by the Jurisdiction, the County Clerk will review the changes upon receipt from the Jurisdiction of the modified ballot and notify the. Jurisdiction that thel ballot is approved or return the ballot for further 3.2 Final ballot layout. Once the Jurisdiction has made all changes to the ballot layout as required by the County Clerk and the ballotisin final draft form, the County Clerk will lay out the ballot text and submit it to the Jurisdiction for final review, proofreading, and approval. The Jurisdiction'sl DEO shall have no more than four (4) hours from the time the County Clerk sends the final ballot proofs to perform the final review and proofread. The County Clerk is not responsible: for ensuring that the final ballot text complies with the requirements OfTABOR or any other constitutional or statutory requirement related to the text ofb ballot language. 3.3 Ballot printing and mailing. The County Clerk will contract with a vendor toj prepare and print the ballots; prepare a mail ballot packet for each registered elector within the Jurisdiction; address a mail ballot packet to each registered elector within the Jurisdiction; and mail the ballots between 22 days and 18 days before Election Day, or between October 16, 2023 and October 20, 2023. In cooperation and coordination with the County Clerk, the vendor shall perform the  modifications and time requirements.  printing, preparation of the ballots for mailing, and the mailing oft the ballots.  Page 20 of8    3.4 Voter Service and Polling Centers. The County Clerk shall provide Voter Service and Polling Centers from October 30, 2023 through Election Day. The County Clerk will hire and train staff and judges to operate Voter Service and Polling Centers according to 3.5 Additional ballots. In addition to the mail ballots printed and mailed by the vendor as specified in subsection 3.3, the County Clerk will provide regular, Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), and provisional ballots to registered electors in the 3.6 Mail ballots. In cooperation with the vendor, the County Clerk will ensure that the mail ballot packets contain the materials required by the Code, including voter instructions; an inner verification/privacy return envelope; and the outer/mail envelope containing the appropriate 3.7 Ballot security. The County Clerk will track ballot inventory and provide security for all 3.8 Election Judges. The County Clerk will appoint, train, provide written and/or online materials to and pay a sufficient number of qualified election judges to receive and process voted 3.9 Election Notices. The County Clerk shall publish all Election notices required by the Code. The Jurisdiction shall not publish any notice related to the Election without first obtaining the approval ofthe County Clerk. Torequest approval toj publish ar notice, the. Jurisdiction shall provide the County Clerk with all relevant information related to the proposed publication, including a copy oft thej proposed notice, atl least one(1)week prior tot the. Jurisdiction's deadline for submitting thej proposed notice toi the publisher. The Jurisdiction shall bear full responsibility for any. Election notices published without the County Clerk's approval and shall comply with all instructions 3.10 TABOR Notice. If applicable, the County Clerk, through a vendor, will distribute to all Montezuma County registered electors' households the printed TABOR Notice submitted by the Jurisdiction along with those of other jurisdictions. The County Clerk may determine the order of the TABOR Notice submitted by the. Jurisdiction and those of otherjurisdictions tol beincluded: in the TABOR Notice Package provided. However, the materials supplied by the Jurisdiction shall bel kept together as a group and in the order supplied by the Jurisdiction. The cost for the printing and mailing of the TABOR Noticel Package shall be shared on aj prorated basis as further described in Section 5 below. The County Clerk is not responsible for ensuring that the TABOR Notice complies with the requirements of TABOR or any other constitutional or statutory requirement  $175-107450X.CRS  manner and method required by the Code.  postage, Official Election logo, and indicia for Return Service. Requested.  ballots as required by the Code.  ballots.  issued by the County Clerk to remedy any incorrect ori improper notices.  relating tot the TABOR Notice.  Page 3 of8    3.11 Testing. The County Clerk will performI Logic and Accuracy Testing oft the electronic vote 3.12 Tally. The County Clerk will providef for1 the counting and tallying ofballots, including any reçounts required by law. The County Clerk will release initial election returns after 7:00 p.m. on the date of the Election. The unofficial results will be published to the State's Election Night Reporting site throughout election night. The County Clerk will count and tally valid cured and 3.13 Certification of results. Jurisdictions will be issued a certified statement of results by  counting equipment as required by the Code.  provisional ballots on or before 5:00 pm on November 17,2023.  November 30, 2023.  4.  RESPONSIBILITES OF JURISDICTION  4.1 Authorization to Hold Election. The Jurisdiction must provide the County Clerk along with a signed copy of this IGA a certified copy of the ordinance or resolution stating that the Jurisdiction will participate in the Election in accordance with the terms and conditions of this IGA. The ordinance or resolution must authorize the presiding officer of the Jurisdiction or other 4.2 Boundaries of Jurisdiction. If any annexations to the. Jurisdiction have occurred between November 1, 2019 and the date of the signing of this IGA, the Jurisdiction is responsible for 4.3 Ballot content and layout. No later than September 8, 2023, the DEO shall certify the ballot order and content for the Jurisdiction and deliver the certified ballot layout to the County Clerk. The ballot layout shall be in a form acceptable to the County Clerk. Ballot content layout shall noti include any graphs, tables, charts, or diagrams. Thel ballot order and content shall include the names and office of each candidate for whom apetition has been filed with thel Election Officer and any ballot measure(s) the. Jurisdiction has certified. The. Jurisdiction shall be solely responsible for the accuracy oftheinformation contained in the certificate and ballot content. The Jurisdiction shall make any modifications tot thel ballot layout requested by the County Clerk. The County Clerk will correct errors as specified in $ 1-5-412, C.RS. att the. Jurisdiction's expense. The County Clerk 4.4 Audiofor visually impaired. Nol later than the. Jurisdiction's: submission oftheb ballot layout to the County Clerk, the Jurisdiction shall confirm that each candidate has provided a clearly spoken recording oft the candidate'sname. This requirement aids the County Clerking programming the audio component of the electromechanical voting equipment for thel Election. The Jurisdiction shall timely make any modifications to the audio recording requested by the County Clerk.  designated person to execute this IGA.  informing the County Clerk in writing by the date of the signing oft this IGA.  assigns the ballot measure(s) number(s).  Page 4 of8    4.5 TABOR. Notice. The Jurisdiction shall provide to the County Clerk all required TABOR Notices concerning ballot measure(s) in the manner required by Article X, Section 20 of the Colorado State Constitution by noon on September 25, 2023. The submission will include the ballot title, text, and fiscal history or any other required wording for the TABOR Notice. The submission date will expedite print layout and review of the TABOR Notice. The Jurisdiction shall be solely responsible for the accuracy of thei information contained in the TABOR Notice. 4.6 Final layout. The Jurisdiction shall timely make any modification to the ballot layout requested by the County Clerk. The. Jurisdiction shall reviewa and proofread and approve thel layout, format, and text of the final draft form of the Jurisdiction's official ballot and, if applicable, TABOR Notice within four (4) hours of the County Clerk providing the Jurisdiction with the 4.7 Testing. The Jurisdiction may be asked to provide a person to participate in Logic and 4.8 Cancellation of Election by the Jurisdiction. If the Jurisdiction resolves not to hold the election or to withdraw a ballot measure(s), the Jurisdiction shall immediately provide notice of such action to the County Clerk. Initial notice to the County Clerk must be in writing. Ifby email with email confirmation of receipt from the County Clerk or her designee. The Jurisdiction shall provide proof to the County Clerk of the Jurisdiction's formal action canceling the election or withdrawing al ballot measure(s) as soon as practicable after the Jurisdiction's formal action. The Jurisdiction shall promptly pay the County Clerk the full actual costs relating to the. Jurisdiction's election, both before and after the County Clerk's receipt of such notice. The Jurisdiction shall provide notice by publication in a newspaper(s) of general circulation within the Jurisdiction of such cancellation of the election or withdrawal oft ballot measure(s). The County Clerk shall post notice of the cancellation or withdrawal ofballot measure(s) in the office ofthe County Clerk, and the DEO shall post notice oft the cancellation at buildings of the. Jurisdiction. The. Jurisdiction shall not cancel the election after the 25th day prior toi the Election as provided in $ 1-5-208, C.R.S. 4.9 Canvass. The Jurisdiction may be asked to provide a representative who is a registered voter ini the. Jurisdiction to serve as ai member oft thel Board of Canvassers who certify thel Election. If the Jurisdiction requires an Abstract of Votes Cast separate from the Canvass documents, the Jurisdiction will provide the County Clerk with the required forms prior to the date by which the  copy tol be proofed.  Accuracy Tests, which will be scheduled during the week of October 2, 2023.  Board of Canvassers meets.  4.10 4.10.1  PROVISIONS UNIQUE TO SPECIAL DISTRICTS AND OTHER Boundaries of Jurisdiction. Jurisdiction shall obtain, then certify to the County  COORDINATING DISTRICTS  Clerk by September 12, 2023 at noon all addresses in the County Clerk's address library for the Jurisdiction. Any changes to the County Clerk'sa address library after this date will increase costs.  Page 5 of8    4.10.2  Non-resident property owners entitled to vote. Where non-resident property  owners may be entitled to vote in the. Jurisdiction's election, the DEO must submit a list of such non-resident property owners who may be entitled to vote in the Jurisdiction's election to the County Clerk nol later than September 20, 2023.All such property owner lists must bei inl Microsoft Excel or CSV (Comma-separated values) file. The County Clerk will send a Non-Resident Property Owner Letter to those on the list that includes a self-affirmation to establish eligibility. The County Clerk will send mail ballots to the non-resident property owners who return to the  County Clerk the signed affirmation establishing their eligibility.  5.  PAYMENT  5.1 Intent. This section addresses the: reasonable sharing of the actual cost of the Election among 5.2 Responsibility. for costs. The Jurisdiction shall not be responsible for sharing any portion of the usual costs of maintaining the office of the County Clerk, including but not limited to, overhead costs and personal service costs of permanent employees, except for such costs that are shown tol be directly attributable to conducting the Election on behalf oft the Jurisdiction. 5.3 Invoice. The. Jurisdiction shall pay the County Clerk the Jurisdiction* s share oft the County Clerk's costs and expenses in administering the Election within thirty (30) days of receiving an invoice from the County Clerk. If the invoice is not timely paid by the Jurisdiction, the County Clerk, in his or her discretion, may charge a late fee not to exceed 1% of the total invoice per 5.4 Cost Allocation. The County Clerk will determine the Jurisdiction's invoice amount by allocating to all participants in the ballot a share of the costs specific to the administration of the General election as provided by law. Ift the Jurisdiction is placing a ballot question that qualifies asa TABOR election, aj portion of the TABOR Notice publication and mailing costs will also be billed for in the invoice. If the Jurisdiction is placing a ballot measure that requires additional costs specific to that Jurisdiction's ballot measure, the Jurisdiction will be also be billed for that portion of the costs in the invoice. The Jurisdiction agrees to pay the invoice within 30 days of 5.5 Disputes. The Parties shall attempt to resolve disputes about the invoice or payment of the invoice. If the Parties cannot reach a resolution and in the event of litigation, jurisdiction and venue shall be in Montezuma County District or Montezuma County Court, depending on the  the County and thej jurisdictions participating in the Election.  month.  receipt unless the County Clerk agrees to a longer period oft time.  amount. 6.  MISCELLANEOUS  Page 6 of8    6.1 Notices to Parties. Notices required to be given by this IGA are deemed to have been received and to be effective: (1) three (3) days after the same shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that a fax or email was received to the fax numbers or email addresses of the Parties as set forth below or to such party(ies) or address(es) as may hereafter be designated in  writing.  To County Clerk: Kim Percell 140 West Main Street, Suite 1 Cortez, CO 81201 Fax: 970-565-3728  To DEO:  E-mail: eralacamontcamacus  6.2 Amendment. This IGA may be amended only in writing and following the same formality 6.3 Integration. The Parties acknowledge that this IGA constitutes the sole agreement between thel Parties relating toi the subject matter of this IGA and that no party isi relying upon any oral representation made by another party or employee, agent or officer of that party. Any prior agreements, promises, negotiations, or representations not expressly set forth int this IGA are ofno force and effect. Thisl IGAf fully supersedes any previous "Intergovernmental Agreement" between 6.4 Waiver of Claims. The Jurisdiction has familiarized itself with the election process used by the County Clerk and waives any claims against the County Clerk related to the County Clerk's processing or administration oft the. Election except as specified in paragraph 6.5 below and claims 6.5 Limitation of Liability. Ifa lawsuit is filed challenging the validity of the Jurisdiction's election, the. Jurisdiction shall provide prompt notice to the County Clerk of such al lawsuit. Ifthe County Clerk chooses to intervene and defend its position, the Jurisdiction will support such intervention and cooperate in the defense of any such claims. If, as a result of a lawsuit against the Jurisdiction or against the Jurisdiction and other defendants by a third party, a court of competent jurisdiction finds that the Jurisdiction's election was void or otherwise fatally flawed due solely to a cause arising from the negligence of the County Clerk, then the County Clerk's sole responsibility and liability shall be to refund tot the. Jurisdiction all amounts paid to the County Clerk under Section 5 above. The County Clerk shall have no other responsibility for or liability to any parties of or third parties in connection with the lawsuit, including, but not limited to, any  as the execution of the initial IGA.  the Parties.  arising out of willful and wanton acts of the County Clerk.  judgment, damages, costs, or fees.  Page 7of8    6.6 Conflicts of this IGA with the Law, Impairment. Ifany provision in this IGA conflicts 6.7 Time of the Essence. Time is of the essence in the performance of the work under this IGA. The statutory time requirements of the Code shall apply to completion oft the tasks required 6.8 Good Faith. The Parties shall implement this IGA in good faith, including acting in good 6.9 Third Party. Beneficiary. The enforcement of the terms and conditions of this IGA and all rights of action relating to such enforcement shall be strictly reserved tot the County Clerk and the Jurisdiction, and nothing contained in this IGA shall give or allow any claim or right of action by any other or third person. Itis the express intent of the Parties that any. person receiving services 6.10 No Waiver. No waiver of any of the provisions of this IGA constitutes a waiver of any other of the provisions of this IGA, and no such waiver constitutes a continuing waiver, unless otherwise expressly provided in this IGA, nor will the waiver of any default under this IGA be 6.11 Appropriation, The Parties' obligations under this IGA outside the current fiscal year are conditioned on the prior appropriation of good and sufficient funds for such purpose, pursuant to $29-1-110, C.R.S. The Parties affirmatively assert that each has budgeted sufficient funds for its  with the law, this IGA shall be modified to conform to such law or resolution.  by this IGA, unless earlier deadlines are: required by this IGA. faith in all matters that require joint or coordinated action.  or benefits under this IGA shall be deemed ani incidental beneficiary.  deemed a waiver of any subsequent default.  obligations under this IGA for the year it was executed. IN WITNESS WHEREOF, the Parties have signed this IGA.  Montezuma County Kim Percell  Jurisdiction  Date  Designated Election Official Printed Name: Title: Telephone: Email:  Date  Montezuma County Clerk and Recorder  Page 8 of8    TOWN OF DOLORES, COLORADO  RESOLUTION R543 Series 2023  RESOLUTION OF THE PLANNING AND ZONING COMMISSION  RECOMMENDING CHANGES TO THE DOLORES LAND USE CODE TO PROMOTE WHEREAS, The Town of Dolores Planning and Zoning Commission held a public hearing on July 18, 2023 at which a quorum of the Commissioners were present and following notice published according to law, to consider changes to the Dolores Land Use Code to promote WHEREAS following the opportunity for public comment and deliberation oft the Commissioners, the Town of Dolores Planning and Zoning Commission recommends that the Board of Trustees approve and adopt the changes to Dolores Land Use Code attached here as. Exhibit A.  WORKFORCE HOUSING  affordable housing in the community;  Passed adopted and approved on the first reading on July PLANNING AND ZONING COMMISSION:  2023.  By:  Attest: By:  Passed adopted and approved on the second and final reading this  day of  2023.  1IPage    EXHIBIT A  1. Table 4.1 Primary Uses is amended as follows:  CB M D C Conditional Use  LL ne R1 ne MR M 1+ CH LL ne P R1 R3  R W  W F H 2  W  0 5  Table 4.1: Primary Uses  LL LL N N N H M M IN  R1 R3 Additional Use  R1 R2 R1 R2 R3 P U U D P1 P2 0 5 Limitations Key: /P/ Permitted Use /PL/I Permitted with Usel Limitations ICI 1--1 Not Permitted I1 Affordable Housing Required  RESIDENTIAL Households Living (dwelling unit/structure) 1du/structure 2du/structure Townhomes (3or more attached units) 3-4 du/structure multifamily 5-8 du/structure apartment 9+ du/structure apartment Affordable dwelling unit(s) Manufactured Home  P PI PP PPC PL PIPIPIPIPIP PL PL  PI P  Sec. 4.5.A Sec. 4.5.A Sec. 4.5.A  C C C [17 [11 [1]  PP C P P 11  C P PL PL C PL PL  P P  P P PI P P P P. P  P P Sec. 4.5.A  P  Sec. 4.5.A  2. Section 4.5.A.1isa amened as follows:  A. 1.  Residential Uses Affordable Housing  Residenta-uses-moteas4HPeRBe4-FPayURsyareaHowedasa permitted-use-wheRatleasEOReRERtRePreeectisolferedasdeed-restFeted ffordable-neuSiP-Affordable dwelling unitss shall complywithi thef following: (a)The. project shall meet the dimensional and densitystandards ofthe (b) All units shall meet the definition of Affordable Housing in Section 2.6.  applicable zone district.  2IPage    (c) Density bonus isr not applicable to affordable housing projects approved  administratively.  3. Section 5.1 is amended to include the following section:  D.D Density Bonus for Affordable Housing  The Zoning Administrator may apply any combination oft the following adjustments to accommodate the inclusion of one affordable housing unit per lot ina addition to the maximum number of units allowed in the applicable zone district (for example, where a duplex unit is allowed, a triplex may be approved when one of the units meets the Town requirements for affordability):  1. 2. 3. 4. (a) (b) 5. dwellingunit.and 6. reduced by 50%.  Minimum setbacks or lot widths may be adjusted by up to 20 percent: Maximum lot coverage may bei increased byupt to 20 percent: Minimum lot size may be reduced by 20 percent: Maximum height may be increased:  Residential zoning district limit of 351 feet may be increased to 40 feet: Height in mixed-use or nonresidential districts may be increased by1 storvnot to exceed an additional 15 feet above the original maximum height: The required off-street parkingspacesi may ber reduced to 1.5 spaces per Ifapublic park or open space are located within 1,320 feet and safely accessible to the development site, anyr required open space dedication may be  4. Section 13.20 is amended as follows:  A. Purpose  The PUD, Planned Unit Development District is designed to provide flexibility in the siting of structures to avoid or mitigate any hazardous areas, historic and prehistoric sites; to take advantage of the sites unique, natural, resource or scenici features; and to preserve open spaces. Iti is intended for application in all residential districts.  B. Types of Planned Unit Developments  1.General PUD  The Town Board, after public hearing and due notice and after recommendation from the Planning and Zoning Commission, may authorize the creation of the Planned Unit Development Districts on parcels of land containing at least five times the minimum lot areai in the underlying zone district.. Al Planned Unit Development designation may be applied to land intended for residential development purposes.  2.Community Benefit PUD  3IPage    Inorder to be deemed as an acceptable alternative to the Town's established zone districts, a Community Benefit PUD shall include at least one of the following a. Affordable Housing PUD providing at least 20 percent of the proposed residential units in either rental orf for-sale deed-restricted affordable housing. b. Historic Preservation PUD including an existing structure or site that is currently designated ori is documented as eligible for designation on the Town Register,state list of historic structures, or the National Register of Historic Places withina contiguous area included in the PD application, and must either: 1. Int the case of an existing designated historic structure or site, the PUD application must include a written commitment to preserve the structure or sitein compliance with all applicable historic preservation standards for a period of at least 2. In the case of an undesignated historic structure or site, the PUD application must include a written commitment to complete the Town designation of the structure or site prior to development of any portion oft the PUD, and to preserve the designated. structure or site in compliance with all applicable historic preservation 3. The PUD application may include additional lands contiguous with the lotor C. Sustainable/Reslient Design PUD with proposed project, site, or building design features intended to achieve one or more of the following reductions in resource consumption or tripi generation when compared to those levels anticipated for developments ofas similar type under the reference base district: a. Areduction in water consumption of at least 25 percent: or b. Areduction in non-renewable energy use of atl least 25 percent: or  community benefits:  20yearsor  standards fora period of at least 20 years. parcel containing: the historic structure.  Areduction in average dailymotor vehicle trip generation of at least 25 percent: d. Acombination of reductions in water consumption non-renewable energvuse, and/or average daily motor vehicle trip generation providing atl least an equivalent  sustainable/reslient development benefit to the Town.  Procedures 1. Common Procedures 2. Specific Procedures  Common procedures for al PUD: approval are established in Table 13.2.  4IPage    Every PUD District approved under the provisions of this LUC shall follow the rezoning procedure of Sec. 13.30, Zoning Map Amendment, and be considered an  amendment to the zoning map. D. Site Plan Requirement  1. The establishment of a Planned Unit Development District shall requirea comprehensive site plan oft the development per Sec. 13.23. The site plan shall be approved as part of the ordinance approving al Planned Unit Development prior to 2. The site plan and ordinance shall set forth the requirements fori ingress and egress to the property with adequate right of way, special setbacks, sidewalks, trails, utilities, drainage, parking space, building height, maximum lot coverage, common open space, screening or fencing, landscaping and other development and protective requirements including a plani for the maintenance of common open space. E. Permitted' Variation: from Zoning Dimensional Standards Inordert to achieve the purpose and intent of the PUD District, variation may be permitted with respect to the minimum lot area, setbacks, lot width, lot coverage,  thei issuance of any further approvals or permits.  and height. F. - Maximum Density  1.7 The maximum density in a General PUD: shall be no greater than that permittedin 2.The Zoning Administrator may recommend ar maximum densityincrease ina Community Benefit PUD byupt to 20 percent based on the applicant's ability to demonstrate that thei increased density is appropriate for the location,will not detrimentally impact surrounding neighborhoods. and that the site does not meet  the underlying zone district prior to PUD: approval.  anyoft the density reduction criteria in Section F.3. 3. Densities in any type of PUD may be reduced if:  1. There is not sufficient water pressure and other utilities to service the proposed 2. There are not adequate roads to ensure fire protection to the proposed 3. The landi is not suitable for the proposed development because of soil or geologic conditions, flood hazards or the presence of historic or prehistoric sites; or 4. The design and location of any proposed structure, road, or driveway int the proposed development is not compatible with surrounding land uses, would adversely affect the neighborhood character or adversely affect critical natural  development; development;  features of the site.  G. Minimum Common Open Space  5Page    The minimum common open space shall be 30 percent of the land areai in the PUD; provided that, all areasi in al PUD1 that arei impacted by geologic hazards, flood hazards, or the presence of historic or prehistoric sites shall be seta aside as common open space for the benefit of the residents and occupants oft the PUD.  H. Uses  The permitted, accessory, conditional, and temporary uses allowed shall bet those of  the underlying zone district.  6/Page    TOWN OF DOLORES RESOLUTION NO. R544 SERIES 2023  ARESOLUTION OF THE BOARD OF TRUSTEES TAKING FORMAL ACTIONTO GIVE NOTICETOTHE COUNTY CLERK OFI MONTEZUMA COUNTY, COLORADO TO PARTICIPATE IN THE COORDINATED  ELECTION ON NOVEMBER? 7, 2023  WHEREAS, Colorado law permits a statutory town to refer issues refer proposed ordinances resolutions or questions to the general registered electors of the municipality. CRS  Section 31-11-111.  WHEREAS, the Town of Dolores has entered into negotiations with the Dolores Fire Protection District (District) to donate to the district the land on which the existing fire station  and other District facilities are located.  WHEREAS, CRS Section 31-15-713 provides that voter is approval is required before the Town may sell or otherwise dispose of such real property that used for a governmental purpose  ata a general or special election. full text of its ordinances.  WHEREAS, the Town of Dolores incurs significant expenses related to publication of the WHEREAS, CRS Section 33-14.5-101 provides that any municipality may determine at a regular or special election to meet the publication requirements 31-16-106 by publishing ordinances by title only ratherthan by publishing the ordinance inf fullata as special election where  otherissues are present on the ballot.  WHEREAS, the Board ofTrustees determines that it is appropriate and necessary to refer to the registered electors of the Town of Dolores whether or not to donate the Town's real  property to the Dolores Fire Protection District.  WHEREAS, the Board of Trustees determines that it is appropriate and necessary to refer tothe registered electors ofthe Town of Dolores the question of whether or not to publish future  ordinances by title only.  WHEREAS, the Board of Trustees determines that it is appropriate and necessary to take official action to participate ini the November 7,2023, Coordinated Election with the County Clerk  of Montezuma County, Colorado. DOLORES, COLORADO:  NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF Section 1 The Board of Trustees gives notice to the County Clerk of Montezuma County, Colorado if the intent of the Town of Dolores to participate in the 2023 Coordinated Election pursuant to CRS Section 1-1-116(5) and 1-1-106(5) with respect to the ballot issues referenced  herein.    Section 2 The Town Clerk, Town Manager and Town Attorney are authorized and directed to negotiate withi the County Clerkt to evebpanntepermems. agreement to participate int the November 2023 Coordinated Election; to develop a formal ordinance(s) to refer with within described questions to the registered electors of the Town of Dolores; and, to take such other actions necessary or appropriate to effectuate the provisions of theresolution.  INTRODUCED, READ, PASSED, and ADOPTED. at a regular meeting oft the Board of Trustees  of the Town of DOLORES, Colorado held on July 24, 2023.  Town Clerk Tammy Neely  Mayor Leigh Reeves    Town ofDolores Resolution No R545 SERIES 2023  RESOLUTION APPROVING AUDITORS REPORT  WHEREAS, the Town of Dolores employed Chris Majors, CPA to conduct the Town's annual WHEREAS, the Auditor presented his audit to the Board of Trustees ati its regular meeting on WHEREAS, the Board of Trustees accepts the auditor'si report as being in compliance with the NOW THEREFORE, BEI IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN Section 1. The. Auditor's report prepared by Chris Majors, CPA for the 2022 fiscal yearis accepted by the Town and directs that the same shall be available to the public and transmitted to  audit;  June 26, 2023; and,  requirements of CRS Section 29-1-606.  OF DOLORES, THAT:  the state of Colorado auditor as provided by CRS Section 29-2-606.  Passed, adopted, and approved July 24, 2023.  THE. BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By:  Mayor Leigh Reeves  Attest:  Town Clerk Tammy Neely    TOWN OF DOLORES RESOLUTION! NO. R546 SERIES 2023  AF RESOLUTION IMPOSING AN OPEN FLAME FIRE BAN  WHEREAS, the Town of Dolores, Colorado is a statutory town incorporated under the laws oft the state WHEREAS, the Town of Dolores enacted Ordinance No. 536 Series 2018 granting the Board of Trustees the authority to enacta a resolution imposing an open flame fire ban as conditions require; WHEREAS Southwest Colorado and the Town of Dolores are under historic drought and extraordinary WHEREAS the Montezuma County Sheriff recommends that the Town of Dolores impose at fire ban for the health, safety, and welfare of the citizens of the Town of Dolores and surrounding community. WHEREAS the Board of Trustees agree that the interest of the health, safety and welfare of the citizens makei it advisable to impose an open flame fire ban as authorized by and defined by Ordinance No 536 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OFI DOLORES: as follows: 1. The Board of Trustees, pursuant to Ordinance No. 536 Series 2018 and as authorized by Colorado law, hereby imposes an Open Flame Fire Ban: as defined in said Ordinance within all 2. This resolution shall continue in full force and effect until repealed byt the Board of Trustees. 3. Itist the intent oft this resolution that any person violating thet fire ban as defined by Ordinance 4. The staff of the Town of Dolores shall inform the public of thei imposition oft the Open Flame Fire 5. Ifany section, clause, phrase, word other provisions of this resolution shall for any reason be held invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases words or other provisions and the validity oft this resolution shall stand  of Colorado.  fire danger.  Series 2018.  incorporated areas of the Town of Dolores.  No. 536 shall be subject to the penalties set forth therein.  Ban.  notwithstanding.  6. Introduced, read, and passed as a resolution at the regular meeting oft the Board of Trustees of the Town of Dolores held on. July 24, 2023, at whicha quorum was present.    ADPOPTED by the Board of Trustees oft the Town of Dolores, Colorado, on. July 24, 2002  THE BOARD OFTRUSTEES OF THE TOWN OF DOLORES:  By: Attest:  Mayor Leigh Reeves  Town Clerk Tammy Neely    Town ofDolores Resolution No R547 SERIES 2023 EMPLOYMENT  RESOLUTION APPOINTING TOWN MANAGER AND APPROVING CONTRACT OF  WHEREAS, the Town ofDolores has conducted aj public search for the position ofTown Manager, having formed a search committee and having publicly advertised for qualified candidates in accordance with CRS Section 24-6-402(5) selected and published three finalists on WHEREAS, the Town ofDolores Board of Trustees held public forums and interviews with the WHEREAS, the Town of Dolores Board of Trustees at a special meeting held July 21, 2023  July 10, 2023;  finalists on July 20 and 21, 2023.  directed the Town Attorney to enter into contract negotiations with  NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN  OF DOLORES, THAT:  Section 1. The Board of Trustees of the Town of] Dolores does hereby appoint afforded by law to the role of Town Manager under the laws of the state of Colorado. Section 2. The Employment Agreement attached hereto and incorporated herein by referenceis approved, the compensation described therein is appropriate from the Town's General Fund, and the Mayor is authorized to execute thel Employment Contract on behalf of the Town of Dolores.  as the Town Manager oft the Town ofDolores effective on 2023 with all of the powers, duties and responsibilities described  Passed, adopted and approved July 24, 2023.  THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By:  Mayor Leigh Reeves  Attest:  Town Clerk Tammy Neely    EXHIBIT A EMPLOYMENT CONTRACT  TOWN MANAGER EMPLOYMENT AGREEMENT  This agreement ("Agreement") is between the TOWN OF DOLORES ("Employer" or' "Town"), and  ("Employee"), andi is entered into as of  2023 ("Effective Date"). Employer and Employee are referred to  collectively herein as the "Parties" and individually as a' "Party."  Recitals  Employer desires to employ the services of Employee as Town Manager. Employee desires to accept employment as Town Manager. The Board of Trustees, as appointing authority power, and contained and in accordance with the terms and conditions described in this Agreement, agree in  in consideration oft the mutual covenants herein  writing as follows: 1. Duties  A. Employer agrees to employ Employee as Town Manager, and Employee agrees toj perform the functions and duties specified in the general laws, the ordinances, and the resolutions of the Town of] Dolores, and other legally permissible and proper duties and: functions as the Board of B. Employee shall perform his duties to thel best of his ability in accordance with thel highest professional and ethical standards oft thej profession and shall comply with all general rules and C. Employee shall not engage in any activity that is or may become a conflict ofi interest or a prohibited contract or that may create an incompatibility of office as defined under Colorado law. Prior toj performing services under this Agreement and annually thereafter, the Employee must D. - Employee shall be an exempt employee under thel Fairl Labor Standards Act. Employee is expected to devote necessary time outside normal office hours to the business oft the Town. To that  Trustees may from time to time assign.  regulations established by the Town.  complete disclosure forms required by law.  end, Employee shall be allowed flexibility in setting his own office hours.  2. Term  A. Thei term of this Agreement shall be from the Effective! Date and shall be for a two (2)year term, unless earlier terminated by either Party in accordance with thej provisions set forth in Section 3or until terminated by the event oft the death or permanent disability of] Employee. B. Employee agrees to remain in the exclusive employ of the Town during the term oft this Agreement. Subject to prior approval of the Board ofTrustees, which approval will not be unreasonably withheld, this Agreement shall not be construed toj preclude incidental and occasional teaching, writing, or consulting performed by Employee on Employee's time off.  3. Resignation and' Termination    A. Employee may resign at any time with or without cause and agrees to give' Town at least thirty (30) days advance written notice oft the effective date ofh his resignation. During the notice period, all oft the rights and obligations oft the Parties under this Agreement shall remain in full force B. Employer may terminate Employee with or without cause, at any time, upon thirty (30) days C. The Town may not terminate Employee ninety (90) days prior to the seating of ai new Board ofTrustees member or ninety (90) days after the seating ofar new Board ofTrustees member, whether by election or appointment; provided, however, that this limitation does not apply to  and effect.  advance written notice.  termination for cause.  D. The Parties recognize and affirm that:  1. Employee is an "at will" employee whose employment may be terminated by thel Employer 2. Therei is no express or implied promise made tol Employee for any form of continued employment. Nothing in this Agreement is intended to, or does, confer upon Employee any right to any property interest and continued employment or any due process right to al hearing before or 3. The Town shall not be obligated toj pay severance under the provisions ofthis Agreement if Employee is terminated for cause. For purposes oft this Agreement, "cause" is defined as:  without cause.  after the decision to terminate his employment for cause.  a. Violation of any policies or procedures; b. Failure to perform assigned duties; C. Theft of Town property; d. Insubordination;  e. Conviction ofa a felony or misdemeanor relating to Employee's fitness toj perform assigned  duties;  f. Unauthorized absence from employment;  g. Failure to: maintain satisfactory working relationships with other employees or thej public;  h. Improper use ofTown: funds; I. Unauthorized use ofTown property; J. Willful misconduct or malfeasance;    k. Any act of moral turpitude or dishonesty; and/or  I. Other failures of good behavior either during or outside of employment such that Employee's 4. This Agreement is the sole and exclusive basis for an employment relationship between  conduct causes discredit to the Town. Employer and Employee. 4. Severance Pay  Except as set forth below, ifl Employee is terminated by the Board ofTrustees while still willing and able to perform the duties of Town Manager, Employer agrees to pay Employee a cash payment equal to three (3) months' salary as specified in Section 5(A), plus all accrued vacation, sick, management, and holiday leave as oft the date oft termination. Said cash payments, subject to customary withholding, shall be paid at the option oft thel Employee in al lump sum, installment, monthly, or bi-weekly payments. Such payment will release Employer from any further obligations Payment of severance under this Section shall be in exchange for the Employee's general release of all claims against the Town (including its present and former officers, officials, employees, agents, volunteers, and insurers), executed in ai form approved by the Town. Severance shall bej paid to the Employee ifl Employee's employment is terminated without cause. The Town will not be obligated toj pay severance unless and until a general release is signed by Employee in a form approved by the' Town. The release ofall claims will not become effective until the severance is paid by the The Town is not obligated toj pay severance under this Agreement ifl Employee is terminated for IfEmployee is terminated due to a conviction of any criminal offense involving moral turpitude, then Employer shall have no obligation to provide thirty (30) days advance written notice or toj pay  under this Agreement.  Town.  cause, as defined in Section 3(D)(3).  severance seti forthi in this Section.  5. Salary A. Effective August  2023, Employer agrees to pay Employee forl his services rendered  pursuant to this Agreement as Town Manager a base salary of Ninety Thousand Dollars ($90,00.00) per annum, payable in bi-weekly installments at the same time as other employees oft the Town are  paid and subject to customary withholding. anniversary of employment.  B. C.  Compensation will be reviewed by the Town Board following the one year  In addition to the compensation increase in Section 5(B), the Board ofTrustees shall  evaluate Employee's performance atl least annually and may consider increasing Employee's salary pursuant to Section 9 ofthis Agreement. Any increases in Employee's salary, other than the increases in Section 5(B), must be approved by a resolution oft the Board ofTrustees.  6. Automobile    Employee is expected toj providel his own automobile for commuting and travel and will be eligible  for reimbursement as currently provided to regular employees.  7. Benefits  A. Cellular Phone Expense: Employee's duties require that hel have the use ofa a cellular phone at all times during his employment with the Town. Employer shall provide Employee with ai monthly  stipend of service.  Dollars ($  )toward owning and maintaining cellular phone  B. Leave: Employee shall be eligible for the same holiday, management, vacation, sick, jury duty, family leave and bereavement leave as provided to the executive management employees of the Town and as may be amended from time to time, except that: () Employee shall accrue  vacation time of shall be eligible for  employee hours per year, and (ii) Employee hours of management leave annually.  C. Health and Welfare Insurance: Employee shall be eligible for the same medical, dental, vision, life, long-term disability, and employee assistance program coverages and Employer paid premiums for Employee and eligible dependents as currently provided to the executive management D. Retirement: : Employee shall be eligible for the same retirement benefits and Employer matching available to other employees of the Town pursuant to its employee handbook and  employees of the Town, and as may be amended from time to time.  policies, and as may be amended from time to time (currently 3%).  8. Professional Development  The Parties agree that iti isi in the best interest oft the Town that Employee maintain membership in professional associations and engage in professional activities related to Town management and public administration. Employer shall be granted the same professional development benefits, at Employer expense, as provided to the executive management employees oft the Town. Employee shall also be reimbursed by the Town for membership in the Colorado Municipal League.  9. Performance Evaluation  The Board of Trustees shall evaluate Employee's performance at least annually and will set goals and objectives for the Employee for the ensuing year. As aj part of the Employee's annual performance evaluation, the Board ofTrustees may consider increasing, but shall not be required to  increase, Employee's salary. 10. General Expenses  All reasonable travel or other expenses incurred by Employee in the performance ofhis official duties shall be reimbursed by Employer upon submittal ofar receipt or other verification ofsuch  expenses in accordance with Employee Handbook.  11. Indemnification    Employer shall provide for the defense ofEmployee in any action or proceeding alleging an act or omission within the scope of Employee's employment in accordance with applicable law.  12, Bonding  Employer shall bear the full cost of any fidelity or other bonds or fidelity insurance required of the  Employee under any law or ordinance. 13. Compatibility with State Law  This Agreement is made subject to all applicable law of the State of Colorado. In the event of any conflict between the provisions oft this Agreement and any such state. law, thej provisions of state  law shall apply. 14. Notices  Any notices required by this Agreement shall be in writing and either given inj person or by first  class mail with postage prepaid and addressed as follows:  Tol Employer: Town ofDolores P.O. Box 630 Dolores, CO81323 To Employee:  15. General Provisions  A This Agreement is the final expression of the complete agreement oft the Parties with respect tot the matters specified herein and supersedes all prior oral or written understandings. Except as prescribed! herein, this Agreement cannot be modified except by a written mutual agreement signed  by both Parties.  B. Employee shall not be required tol live within the Dolores Town limits. C. This Agreement shall not be assignable by either Employer or Employee.  D. In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having, jurisdiction over the Parties, the remainder of the. Agreement shall remain in full force and effect unless the parts found tol be void are wholly inseparable from the remaining E. The terms of this Agreement may be reviewed jointly by the Employer and Employee on a periodic basis in order to make amendments agreeable to both Parties and approved by resolution of F. This Agreement shall become effective immediately upon execution by the Parties.  portion of the Agreement.  the Board of Trustees.    IN WITNESS WHEREOF, the Employer has caused this Agreement tol be signed and executed on  its behalf by its Mayor. Itl has also been executed by thel Employee. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By:  MayorI Leigh Reeves  Date:  Attest:  Town Clerk Tammy Neely  Date:  Employee