Eldora acquisition still unfinished as Town heads into 2026
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NEDERLAND — The Nederland Board of Trustees (BOT) spent a lot of 2025 expressing concern about the possibility of local mines resuming operations, discussing changes coming to the Town’s water and wastewater rates and infrastructure, and planning the potential design for a proposed emergency egress route for Big Springs. But it was other major issues that dominated headlines over the year.
Eldora acquisition
On January 7, 2025, after an Executive Session was held regarding “consideration of and discussion of the Town’s purchase of property for recreational activities,” the BOT approved Town staff submitting a letter of interest for a Great Outdoors Colorado (GOCO) Land Acquisition Grant to assist in funding a fraction of the potential Eldora Mountain Resort acquisition.
The Board also approved Resolution 2025-02, acquiring the services of Northland Securities as Town’s underwriter, specifically to “advise on the structure, timing, and terms of potential bond issuance; assist with rating strategies, official statements, and compliance documentation; and manage the bond issuance process,” regarding the pursuit of Eldora.
Trustees also voted to grant Town Manager Jonathan Cain the authority to seek special legal counsel to review the structure of the potential transaction, advise the Town during the due diligence process, and support the negotiations with Eldora Mountain Resort and other stakeholders.
The major steps being taken towards the Town’s plan to acquire Eldora continued on January 21, when the BOT voted unanimously to approve Ordinance 873, officially establishing the primary financial structure for managing the mountain: the Mountain Recreation Enterprise Fund.
This fund is established for government-owned businesses—authorized by the Colorado Constitution under the Taxpayers Bill of Rights—that must be financially independent of the state or local government, can only receive up to 10% of its annual revenue from state and local government grants combined, and must have the bulk of its revenue come from user fees.
Through this, the Town would be able to pursue revenue bonds for the purpose of purchasing the operation.
Project-based Revenue Bonds are defined by the National Association of Bond Lawyers as being “secured by the revenues derived from a specific enterprise, system, or facility, such as a utility system, hospital, toll bridge, transportation facility, or higher education system. There is no pledge of the general taxing power of the Issuer should the enterprise, system, or facility fail to generate sufficient revenues to pay Debt Service.”
On May 20, the work on the Town’s attempt to acquire Eldora Mountain Resort continued with a vote from the BOT approving Resolution 2025-11, providing Cain the authority to retain financial advisors and underwriters to advise the Town on matters related to bond issuance, for assisting with certain documentation, and for managing the bond issuance process.
The acquisition returned to the Board’s agenda July 15, with several resolutions, including one for a rate increase for the Town’s legal services provided by Widner Juran LLP, increasing the hourly fees for partners and associates, as well as raising all enterprise fund and third-party billings, effective January 1, 2026.
An engagement agreement between the Town of Nederland and Dickinson Wright PLLC for “specialized legal services” related to water rights due diligence associated with the Town’s acquisition of Eldora Mountain Ski Resort was also approved, which set the fees of the two attorneys at $385 an hour each.
Trustees also approved contracting with SE Group for $69,000 (plus any reimbursable expenses and pre-approved consultant fees) to complete a review of Eldora’s infrastructure, current operations, and financial performance for further due diligence work related to the acquisition.
On August 5, Trustees approved Resolution 2025-16, giving Cain authority to manage engagement agreements with the firm Kline Alvarado Veio for bond counsel services, specifically for guidance on how to navigate revenue bond financing, during the early stages of the acquisition and the due diligence process.
Resolution 2025-17 was also approved unanimously during that August meeting, which allows the Town of Nederland to reimburse itself for the costs of any “legal review, financial advising, technical analysis, and planning” required during the early stages of the acquisition with bond proceeds.
Under rules from the Internal Revenue Service, a maximum bond ceiling of $180 million has been set, though Cain reiterated that the amount is not to affect the Town’s spending plan or “intended borrowing level.”
“The Town intends that any future revenue bonds would be issued through the Mountain Recreation Enterprise Fund and would be repayable solely from revenues generated by Eldora Mountain Resort,” Cain wrote in the August agenda. “This financing structure ensures that no Town-owned facilities or general municipal funds are pledged or placed at risk.”
Resolution 2025-19 was approved on September 2, authorizing Cain to engage third-party consultants for services related to the due diligence process for the acquisition—such as financial analysis, engineering, legal review, and operational assessment. The cost of the third-party consultants is expected to be reimbursed through the revenue bond proceeds.
Over the following months, there was little news on the Eldora acquisition, though the Board continued to meet in closed sessions.
Cain provided the public an update on the Eldora acquisition on November 5, detailing the lengthy due diligence process, which included a full evaluation of Eldora’s financial viability, an assessment of all administrative concerns, and “an extensive review of title, contracts, permits, employment matters, water rights, and compliance with applicable federal, state, and local regulations.”
A Property Condition Assessment was conducted to determine the property’s infrastructure as being “in good overall condition,” and a Phase I Environmental Site Assessment was completed to ascertain the environmental conditions. The Town described the results as “showing the ski area’s potential as a successful community amenity capable of sustaining for generations.”
An Asset Purchase Agreement, setting the purchase price between $115 and $120 million, was reported as having been drafted and presented to the Board; and RBC Capital Markets and Bank of America were presented as the co-underwriters for the issuance of the revenue bonds through the Mountain Recreation Enterprise Fund.
Required agreements with the U.S. Forest Service and with Alterra Mountain Company were reported as pending, and a two-year Transition Services Agreement with POWDR was being drafted.
There were no further updates on the Eldora acquisition given during the Board’s final meetings of the year in December.
New Explorers childcare center
On February 4, the BOT voted 6-1 to pass Emergency Ordinance 872, approving the ground lease between “Lessor The Town of Nederland and Lessee TEENS, Inc.” for 750 West 5th Street, putting an end to what had been a contentious issue among factions of community members through 2024 and into 2025.
The Town-owned land being sought by TEENS, Inc. for the location of a New Explorers childcare center led those residents demanding action regarding childcare options to clash with those who disapproved of the seemingly cavalier use of Public-zoned land.
Trustees originally approved the lease back in 2024, but the decision had been legally challenged by a fair percentage of the community, forcing the matter to a public vote. The proposal from TEENS, Inc. to lease the Town-owned parcel for 99 years, at the cost of $1 a year, was approved by the electorate.
Nederland’s zoning code has since been amended to allow private childcare centers to operate on public-zoned property, pending approval through a special review use process. The Town also vacated its right-of-way for 5th Street, adding square footage to the parcel, before approval of the lease came to the BOT’s agenda.
On March 18, the Board approved a letter of support to Senators Michael Bennet and John Hickenlooper for TEENS, Inc. in their request for Congressionally Directed Funding, which the organization hoped to use towards the cost of their childcare center.
“Nederland is facing a serious shortage of childcare options, which puts a strain on working families and hinders our local economy,” the letter stated. “TEENS, Inc. is stepping up to meet this need by significantly expanding childcare services—a move that will triple the number of available childcare slots.
“Our Board of Trustees unanimously supports this partnership, recognizing the positive impact it will have. This project has received overwhelming community support, demonstrated by a successful public vote with 72% of residents backing the land use decision.”
A wrinkle in May threatened that support and ultimately led to a larger center.
On May 20, the Board was tasked with discussing a sensitive matter regarding the ground lease with TEENS, Inc. Despite the lease specifically limiting the childcare center development to 8,600 square feet, it was found by Community Planner Britt DeMinck that the submitted architectural plans indicated the childcare center to be approximately 9,616 square feet.
Though the discrepancy was described by the Executive Director of TEENS, Inc., Stephen LeFaiver, as a “mistake,” the organization was firm that having to change their architectural plans would cause risks to the cost and timeline of the project, as well as negatively impact their ability to provide as much service to the community as possible.
After the Board asked many questions about the use of space for the development, both inside and out, Mayor Billy Giblin opined that TEENS, Inc.’s design team did not properly advise LeFaiver, and therefore was doing the project a disservice overall.
“You’re not helping the project settle into the neighborhood as well as it could’ve,” Giblin said.
The Board voted to move the discussion to an action item, and voted to approve Mayor Giblin signing a lease amendment, as reviewed by the Town attorney, to allow for an increase in the building size of the TEENS, Inc. New Explorers childcare center to 9,700 square feet.
'Consistency for all'
Throughout half of the year the BOT, guided by Cain and by recommendations from Town staff, and in accordance with state law and local code, began implementing measures to unify and synthesize Nederland’s governing bodies and advisory groups.
The first step toward implementing this unification began in March, after the BOT officially adopted the Town of Nederland’s Comprehensive Plan after a 1.5-year-long process led by firm SE Group.
The Nederland Planning Commission, the governing body responsible for adopting the Comprehensive Plan, officially approved the plan on February 26, after several rounds of discussion and editing.
The adoption of the Comprehensive Plan gave the green light to several initiatives across Nederland’s advisory boards that had been on hold as a result of their desired integration with the centralized guiding document, including the Board’s own strategic planning discussions for 2026 and 2027.
In addition to adopting the plan from SE Group, the Board also approved increasing the total contract amount with the firm by $5,850, bringing the total to $205,188. This arose from issues identified by the BOT, requiring additional consultant time from SE Group.
On May 6, the Board approved Resolution 2025-09, officially adopting the Downtown Subarea Plan, a “blueprint” for implementing Nederland’s vision and goals for its downtown area that was developed by Studio Seed in conjunction with SE Group during the development of the Comprehensive Plan.
The Downtown Subarea Plan included recommendations for parking solutions, trail connections, and pedestrian infrastructure improvements which align with the formerly adopted Multimodal Transportation Plan. It also was adopted by the Nederland Downtown Development Authority (NDDA) as their official Plan of Development (POD).
This alignment among planning documents serves as a model for how the Town and BOT were coordinating with other boards, particularly the NDDA, as the pursuit of a collaborative relationship can positively impact Nederland’s Central Business District.
Work with the NDDA on updating their bylaws and on a Memorandum of Understanding between the Authority and the Town of Nederland began in March and continued through the fall of 2025, when the Downtown Subarea Plan was also officially adopted as NDDA’s POD.
The bylaws dictate how the Authority adheres to the collaborative processes set by the Town and the BOT, which include the NDDA’s audit, budgetary, and project planning processes, and final approval of the Plan of Development.
The MOU addresses the Town’s role in the financial management of the Authority, in administrative and project oversight, on the process for BOT approval of NDDA matters, and on the best practices for collaboration between the two entities.
The POD details recommendations for action on four “pressing topics” regarding the downtown area: Economic Development and Housing; Growth and Character; Circulation, Gateways, and Parking; and Recreation, Tourism, and Placemaking.
“Catalytic Projects” are also listed within the plan, such as East 1st Street redevelopment considerations, redesigned intersections at the Town’s major gateways, a potential second bridge across the creek, and waterfront recreation and amphitheater development.
The Town’s push toward alignment of all of its advisory boards and commissions continued on August 19, when the BOT discussed the first draft of Ordinance 879, which aimed to repeal and replace Article XI of Chapter 2 of Nederland Municipal Code with a “single framework” of standards to regulate all boards in order to ensure alignment with the Town’s priorities.
Article XI of Chapter 2 pertains to the creation, purpose, and membership parameters of the Planning Commission. The replacement language provides the specific parameters to be followed by the Planning Commission, Sustainability Advisory Board (SAB), and Parks, Recreation, and Open Space Advisory Board (PROSAB), as well as the all-encompassing framework desired by the Town.
It was explained to Trustees that the changes to NMC Chapter 2, Article XI, will provide strategic alignment with the recommendations for action laid out in the Town’s many planning documents, including the Comprehensive Plan, Downtown Subarea Plan, and Multimodal Transportation Plan.
According to Cain, the changes will allow for: “direct connection to the community’s voice; accountability and transparency; informed, timely decisions; better use of expertise; and consistency for all.”
BOT vacancies
During their last meeting of the year, on December 16, the Board discussed the upcoming municipal election scheduled for Tuesday, April 7, 2026, which will include the vote for two Trustee seats and the next Nederland mayor, as Giblin’s, Corvalan’s, and Maris’ terms on the Board are all ending that month.
Nomination Petitions will be released on Tuesday, January 6, and can be submitted to Nederland’s Town Clerk by 5 p.m. on Monday, January 26.
Written requests for an absentee ballot can be submitted to the Town Clerk starting Wednesday, January 7, by written request emailed to townclerk@nederlandco.org or mailed to P.O. Box 396, Nederland, CO 80466. The last day to request an absentee ballot will be Friday, April 3.
The Nederland Board of Trustees meets on the first and third Tuesday of every month. Their first meeting of the new year is scheduled for Tuesday, January 6, 2026, at 7 p.m. and can be attended either online or in person at the Nederland Community Center.
For more information go to: townofnederland.colorado.gov/board-of-trustees.