04-19-2007 RESTRUCTION CORPORATION TEMPORARY LICENSE OVER AND ACROSS THE AVON RECREATION CENTER PARKING LOTr~
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Bob Reed, Director of Public Works and Transportation
Date: 4/19/07
Re: Agreement with Restruction Corporation
Summary: Attached, you will find and agreement between the Town of Avon and
Restruction Corporation to allow them temporary access into Harry A Nottingham Park from
the Recreation Center parking lot.
i Background: Restruction Corporation is asking for access through the Park in order to
demolish the Falcon Pt. pool and deck area. Access is needed to carry the debris away from
the site.
They will construct a gravel driveway on fabric to minimize any damages to the turf or
asphalt. The area is along the north side of the park and chain 'link fence will be installed about
30 ft. off the split rail fence that borders the properties. A 100 ft. section of the bike path in
that area will need to be closed as well.
I have asked that they be done in the Park by June 22. That allows plenty of time for the turf to
recover in time for the 4th of July Celebration.
Discussion: This was requested as a Right of Way Permit, but seeing the effect it
could have on everyone, l took it a little further and included the other departments in making
a decision. We asked Restruction Corp. to update their building permit and include the area
discussed in their limits of construction and they have already completed that paperwork. They
have been granted a demolition permit from the Building Dept. and have already begun the
process of demolishing the pool and deck. The Recreation Dept was consulted as well and
their only conflict (Fun Run) has been dealt with.
Financial Implications: We have asked for a $20,000 restoration bond in the
• event something happened and the Town of Avon would have to restore the area in question.
Recommendation: Since Restruction Corporation has shown they have no better •
options with other access areas, we felt we could work with them on this matter. Therefore,
staff recommends approval of the temporary license.
Alternatives: Deny the access request and force them to stay within the private
property boundaries somehow.
Town Manager Comments:
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0 Page 2
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TEMPORARY LICENSE
TOWN OF AVON ("Town"), whose address is P. O Box 975, Avon, Colorado,
in consideration of TEN DOLLARS ($10.00), in hand paid, receipt of which is hereby
acknowledged, and other good and valuable consideration, does hereby grant to RESTRUCTION
CORPORATION ("Restruction"), P.O. Box 343, Sedalia, Colorado, 80135, a temporary license
over and across the Avon Recreation Center parking lot ("the parking lot") and that portion of the
Harry A. Nottingham Park ("the Park") bounded 1) on the east by the parking lot, 2) on the south
by the northernmost recreation path located in the Park ("the path"), 3) on the west by a line
drawn from the west wall of the improvements being constructed on Lot 45, Block 2, Benchmark
at Beaver Creek, Town of Avon ("Lot 45") to the path and 4) on the north by the south line of
Lot 45 extended to the parking lot;
Subject to the following terms and conditions:
1. The described portion of the Park may be used for access and as a staging area
for materials and equipment in connection with demolition on Lot 45 for the term stated below
(the "Term"). The area to be used, as designated by the Town, shall be fenced with green fabric.
Restruction shall be responsible for erecting signage as required by the Town to mark areas of
path closure. A rock/gravel driveway shall be constructed on fabric so as to minimize damage to
the Park. No parking will be permitted on the driveway. All existing trees shall be protected
from damage.
2. The parking lot may used for the parking of vehicles, located so as to cause
minimal interference with public parking. Parking of equipment of any kind will not be
permitted.
3. Restruction hereby indemnifies and holds the Town harmless against any
claims or liabilities related to Restruction's activities on the Park and the parking lot pursuant to
the license granted hereunder. Restruction and its agents and consultants shall be prohibited from
taking any action or omission that subjects the Park or the parking lot to liens of any kind,
including, but not limited to, construction, mechanic's or materialmen's liens (collectively,
"Liens"). In the event that either the Park.or the parking lot becomes subject to any such Liens
directly or indirectly through the action or inaction of Restruction, its agents or consultants, it
shall discharge or bond off any such Liens within five (5) days of the imposition of any such
Liens and failure to do so shall constitute a default hereunder. This provision shall survive
termination of the license granted hereunder.
4. Restruction agrees that it will not dispose of, generate, manufacture, release or
store environmentally hazardous substances (other than de minimis amounts) on or about the
• Park and parking lot.
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5. Upon completion of demolition on Lot 45, all materials placed by Restruction
(including construction materials and debris) will be removed from the Park and the parking lot,
at Restruction's sole cost and expense, and the Park will be revegetated and returned to the same
condition as existed prior to Restruction's use of it. Restoration will include revegetation with
sod as deemed necessary by the Town. If Restruction fails to return the Park to the condition that
existed prior to its use of it, Restruction will promptly reimburse the Town for any and all costs
reasonably incurred by the Town in returning the Park to its prior condition. To secure such
obligation, Restruction shall provide a cash restoration cost bond in the amount of $20,000
before beginning work.
6. The construction documents for the Lot 45 project will be modified to include
the Park and parking lot in the project limits, and Restruction will be required to provide general
liability insurance covering its activities, which insurance shall name the Town as an additional
insured. Restruction shall deliver the certificate of insurance naming the Town as an additional
insured prior to its use of the Park and parking lot hereunder.
7. The term of the license granted hereunder shall commence on April 25, 2007,
and shall continue until June 22, 2007 (the "Term"). Compliance with Paragraph 5 hereof shall
be completed within the Term.
8. Restruction shall reimburse to the Town attorney's fees incurred in connection 0
with the preparation of this license
9. All notices, requests, demands; and other communications required or
permitted to be given under this license shall be in writing and sent to the addresses set forth
below. Each communication shall be deemed duly given and received: (i) as of the date and time
the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified
mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first
refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight
delivery service, on the next day after receipted deposit with same.
Restruction: Restruction Corporation, Inc.
P.O. Box 343
Sedalia CO 80135
Attn:
Town of Avon: Town of Avon
400 Benchmark Road
P.O. Box 975
Avon, CO 81620
Attn: Town Manager
10. In the event of any dispute resulting in litigation hereunder, the prevailing •
•
•
party shall be entitled to recover all costs and expenses reasonably incurred by it in connection
with the enforcement of this license, including reasonable attorneys' fees and costs in connection
therewith. This provision shall survive termination of this license.
RESTRUCTION CORPORATION
By:
Date:
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
TOWN OF AVON
By:
Date:
ATTEST:
Town Clerk
The foregoing instrument was acknowledged before me this
2007, by as
Restruction Corporation.
My commission expires:
Witness my hand and official seal.
Notary Public
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Recommendation: Since Restruction Corporation has shown they have no better
options with other access areas, we felt we could work with them on this matter. Therefore,
staff recommends approval of the temporary license.
Alternatives: Deny the access request and force them to stay within the private
property boundaries somehow.
Town Manager Comments:
,f `may.
0 Page 2
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Bob Reed, Director of Public Works and Transportation
Date: 4/19/07
Re: Agreement with Restruction Corporation
Summary: Attached, you will find and agreement between the Town of Avon and
Restruction Corporation to allow them temporary access into Hairy A. Nottingham Park from
the Recreation Center parking lot.
Background: Restruction Corporation is asking for access through the Park in order to
demolish the Falcon Pt. pool and deck area. Access is needed to carry the debris away from
the site.
They will construct a gravel driveway on fabric to minimize any damages to the turf or
asphalt. The area is along the north side of the park and chain link fence will be installed about
30 ft. off the split rail fence that borders the properties. A 100 ft. section of the bike path in
that area will need to be closed as well.
I have asked that they be done in the Park by June 22. That allows plenty of time for the turf to
recover in time for the 4th of July Celebration.
Discussion: This was requested as a Right of Way Permit, but seeing the effect it
could have on everyone, I took it a little filrther and included the other departments in making
a decision. We asked Restruction Corp. to update their building permit and include the area
discussed in their limits of construction and they have already completed that paperwork. They
have been granted a demolition permit from the Building Dept. and have already begun the
process of demolishing the pool and deck. The Recreation Dept was consulted as well and
their only conflict (Fun Run) has been dealt with.
Financial Implications: We have asked for a $20,000 restoration bond in the
event something happened and the Town of Avon would have to restore the area in question.
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C. `1U We
TEMPORARY LICENSE
TOWN OF AVON ("Town"), whose address is P. O Box 975, Avon, Colorado,
in consideration of TEN DOLLARS ($10.00), in hand paid, receipt of which is hereby
acknowledged, and other good and valuable consideration, does hereby grant to RESTRUCTION
CORPORATION ("Restruction"), P.O. Box 343, Sedalia, Colorado, 80135, a temporary license
over and across the Avon Recreation Center parking lot ("the parking lot") and that portion of the
Harry A. Nottingham Park ("the Park") bounded 1) on the east by the parking lot, 2) on the south
by the northernmost recreation path located in the Park ("the path"), 3) on the west by a line
drawn from the west wall of the improvements being constructed on Lot 45, Block 2, Benchmark
at Beaver Creek, Town of Avon ("Lot 45") to the path and 4) on the north by the south line of
Lot 45 extended to the parking lot;
Subject to the following terms and conditions:
1. The described portion of the Park may be used for access and as a staging area
for materials and equipment in connection with demolition on Lot 45 for the term stated below
(the "Term"). The area to be used, as designated by the Town, shall be fenced with green fabric.
Restruction shall be responsible for erecting signage as required by the Town to mark areas of
path closure. A rock/gravel driveway shall be constructed on fabric so as to minimize damage to
the Park. No parking will be permitted on the driveway. All existing trees shall be protected
from damage.
2. The parking lot may used for the parking of vehicles, located so as to cause
minimal interference with public parking. Parking of equipment of any kind will not be
permitted.
3. Restruction hereby indemnifies and holds the Town harmless against any
claims or liabilities related to Restruction's activities on the Park and the parking lot pursuant to
the license granted hereunder. Restruction and its agents and consultants shall be prohibited from
taking any action or omission that subjects the Park or the parking lot to liens of any kind,
including, but not limited to, construction, mechanic's or materialmen's liens (collectively,
"Liens"). In the event that either the Park or the parking lot becomes subject to any such Liens
directly or indirectly through the action or inaction of Restruction, its agents or consultants, it
shall discharge or bond off any such Liens within five (5) days of the imposition of any such
Liens and failure to do so shall constitute a default hereunder. This provision shall survive
termination of the license granted hereunder.
4. Restriction agrees that it will not dispose of, generate, manufacture, release or
store environmentally hazardous substances (other than de minimis amounts) on or about the
Park and parking lot.
Q
5. Upon completion of demolition on Lot 45, all materials placed by Restruction
(including construction materials and debris) will be removed from the Park and the parking lot,
at Restruction's sole cost and expense, and the Park will be revegetated and returned to the same
condition as existed prior to Restruction's use of it. Restoration will include revegetation with
sod as deemed necessary by the Town. If Restruction fails to return the Park to the condition that
existed prior to its use of it, Restruction will promptly reimburse the Town for any and all costs
reasonably incurred by the Town in returning the Park to its prior condition. To secure such
obligation, Restruction shall provide a cash restoration cost bond in the amount of $20,000
before beginning work.
6. The construction documents for the Lot 45 project will be modified to include
the Park and parking lot in the project limits, and Restruction will be required to provide general
liability insurance covering its activities, which insurance shall name the Town as an additional
insured. Restruction shall deliver the certificate of insurance naming the Town as an additional
insured prior to its use of the Park and parking lot hereunder.
7. The term of the license granted hereunder shall commence on April 25, 2007,
and shall continue until June 22, 2007 (the "Term"). Compliance with Paragraph 5 hereof shall
be completed within the Term.
8. Restruction shall reimburse to the Town attorney's fees incurred in connection
with the preparation of this license
9. All notices, requests, demands, and other communications required or
permitted to be given under this license shall be in writing and sent to the addresses set forth
below. Each communication shall be deemed duly given and received: (i) as of the date and time
the same is personally delivered with a receipted copy; (ii) if delivered by U.S. Mail, certified
mail, return receipt requested, upon delivery to the intended recipient, or on the date of the first
refused delivery, if applicable; or (iii) if given by nationally recognized or reputable overnight
delivery service, on the next day after receipted deposit with same.
Restruction: Restruction Corporation, Inc.
P.O. Box 343
Sedalia CO 80135
Attn:
Town of Avon: Town of Avon
400 Benchmark Road
P.O. Box 975
Avon, CO 81620
Attn: Town Manager
10. In the event of any dispute resulting in litigation hereunder, the prevailing
0
party shall be entitled to recover all costs and expenses reasonably incurred by it in connection
with the enforcement of this license, including reasonable attorneys' fees and costs in connection
therewith. This provision shall survive termination of this license.
RESTRUCTION CORPORATION
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By:
Date: .~5
k f. ~ r
p J1
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
ATTEST:
rq G L-r
T wn Cler
The foregoing instrument was acknowledged before me this o' St:~ day of
2007, by 1.A.ccU ?rte, ks as TDwn Man of
Restruction Corporation.
My commission expires: ►o 18 aoo g
Witness my hand and official seal.
Notary P blic
(2~
TOWN OF AVON
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