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TC Council Packet 05-23-2000A Brief Synopsis of the Town of Avon Town Council Work Session Meeting Date: May 23_,,. 2000 Councilmembers Present: Jim Benson, Debbie Buckley, Rick Cuny, Mac McDevitt, Judy Yoder Councilmembers Absent: Buz Reynolds Interview for Vacant Council Seat: Council interviewed: Stephen Miller, Konr Beetch, Kenneth Rhoads, Karri Willemssen, Sue Railton, Michael Brown, Kelly Davis Personnel Matters/Financial Matters (Executive Session) Sanitation District: Town Manager Efting refreshed Council on a letter received by a citizen on the odor from the sanitation district. Bill introduced two representatives from Eagle River Water & Sanitation District. Councilor Buckley asked what the district is doing to make a permanent solution to the odor problem. They explained the steps they have taken over the past three years. Councilor McDevitt felt the Council's position is that they don't care what the reason is for the odor, they just never want an odor problem. Councilor Benson said his big concern is when the power went out recently and the system went down. He asked if they have budgeted anything for back up generators. He was told they are getting numbers on generators and other options. The representatives said if there is a solution, they are willing to invest in the technology. They feel they are reacting pretty well. Mayor Yoder said she has been told by Avon residents that they feel that if it was in Beaver Creek it would have been solved by now. They did not feel that was true. Council was told they are working on solutions ongoing. They are reacting to all problems. Councilor Buckley stated that she just did not want to hear any more complaints. They told Council that they do have an emergency generator, but it is not big enough to run the entire system. Council was told that the District is in contact with the gentleman in Denver who wrote the letter to the Council. Speed Bumps: Town Manager Elting reminded Council about the petition as a result of the Wildridge meeting last summer. Bill talked to Peggy Pieters (petition circulator) this spring, and she wanted to know when the speed bumps were coming. Public Works Director Bob Reed painted lines on the road to get feed back from people in Wildridge. Bill said that the majority (15-20 people) are in opposition, one person thought we should try one speed bump. Councilor McDevitt said he spoke with Ms. Pieters and she said she would definitely like to see one. Mayor Yoder stated that she has heard nothing. Councilor Benson said he has received tons of negative of negative feedback, Councilor Buckley said the same. Bob said they have done a speed study in the area and speeds are 28-30 mph, 2 cars over 34 mph. This information was generated around Thanksgiving weekend and the roads were dry. Councilor Cuny asked Police Chief Jeff Layman if he felt that the speed limit should be changed from 25 to 30 mph. Jeff said he could not answer that question. Bill introduced Peggy Pieters to the Council and she expressed her concerns. She asked Council to at least try the speed tables and see if they work. Bob stated they could put in a speed bump for the summer and that it should be taken out in the winter. Councilor Cuny asked if there is another solution besides speed bumps. He suggested a neon children sign or a solar flasher. Ms. Pieters asked what is the cons of having a speed bump. Councilor Buckley said she has heard so much negative feedback from people The main reason is that they don't want to hear the construction trucks accelerating/decelerating. Councilor Benson asked what about installing speed tables like the one by the rec center. Bob said they would look at doing a speed table that is about 2 1/2". Councilor Benson said he would like to see something that if someone is going 25 mph they should be able to go over it no problem, but if they are going faster they would bottom out. Councilor Buckley said she is more concerned about the big trucks going up hill. Once they get to the top, they take off and can't stop that easily. Councilor McDevitt asked Jeff Layman how many traffic operations they have done, Jeff said six since July of 99. Jeff said there is an officer in Wildridge almost every morning between Tarn and 9am with the intention of being seen and writing warrants as required. He said they are up there frequently. He has heard from a number of residents that they do notice the police presence. Councilor Benson asked Ms. Pieters if there is a particular time of day she notices the speeders. She said the times vary. Jeff said they are putting an article in the Avon Advocate to remind people how to drive hills. They will also include that information as a handout at their next traffic operation. Bob said they looked at other options and did not see anything that would fit. Mayor Yoder said a 2 %2" table could be tried. Councilor Buckley said she wouldn't mind trying one and then reviewing it after thirty days. She would like to see more statistics on other areas. Councilor Buckley would like Jeff to talk to the construction drivers. Councilor Benson asked where Ms. Pieters would like to see the table. She said between her house and Jim's house would be best. Councilor Cuny did not agree with trying the table. Councilor McDevitt liked a speed bump that allows you to drive the speed limit. Bill confirmed that the cost would be about $2500, and that Council would review it in 30 days. Bob informed Council that they marked out areas for two speed bumps in the Eaglebend area also. He received a lot of feedback but only got 2 calls in opposition. Mayor Yoder stated to go ahead and do those bumps. Pocket Parks: Public Works Director Bob Reed gave Council information on some of the things staff is looking at in parks. He will have information ready for the Wildridge meeting. Staff put together options based on comments received by residents on what they would like to see. He also discussed the proposal for a park on Oscar Tang's lots in Wildridge. Mayor Yoder said since it looks like the lots are doable, we should now talk with Oscar Tang to try to acquire the land. Councilor Cuny would like to see a park similar to the one in Red Sandstone in Vail with a volleyball court. Bob discussed the park in the Eaglebend area. He felt they could do the park for around $15,000. Mayor Yoder asked if they had the budget to do it this year. Bob said they could find the money. Council told Bob to do the park. Bob said the park at O'neal Spur they would discuss at budget season for next year. Bill suggested a site tour. Bill said staff is also looking at the lot above Jim's house where Buz used to park his vehicles. They are looking to clean that up. Council agreed. Nottingham Road Conceptual Review: Town Engineer Norm Wood said the first public meeting on the Nottingham Road project was a month ago to get public input to see what the people want. Inter-Mountain Engineering presented Council with some concepts based on the input from that meeting. The next meeting is 5:30 on May 24. He would like to get Council's direction with regard to the proposed road sections, mainly Mountain Star Road to the west. Also, Arnie Ullevig was present to give Council an update on the traffic in that area. Norm said they would like to schedule time at the work session in 2 weeks for further discussion and discuss the traffic issues. Community Development Update: Ruth Borne introduced the new planner, Tambi Katieb. Consent Agenda Questions: Councilor Cuny asked what the hockey concessions contract was. Bill said skate rentals for the cabin. Mayor Yoder asked if Council still wanted all the Financial information or just the revenues and non budgeted items? They will pick them up from Kris if they want them. Council Committee Updates: Mayor Yoder said Vail Valley Exchange wants to know if we want to give $2500 to send a student overseas on the exchange program. Councilor Buckley said she attended a two day retreat for ECO. She said they will not bond for the trail, it is too much money. They also discussed Avon running the new Gypsum facility and also the busses having to go all the way to Gypsum to refuel, it would cost almost $1 million extra. Bill attended the Channel 5 board meeting. He said they are in need computers, and that we are having an auction and thought we could donate them to Channel 5 instead of auctioning them off. Council agreed. Bill pointed out a memo from White River Institute requesting money. Bill suggested putting the request on the budget retreat for 2001. Other Bill said that Assistant Town Manager Larry Brooks will be in charge over Memorial Day weekend, Bill will be out of town. Bill said that he and Councilor McDevitt met with Kristin Williams and Pat Peeples regarding press guide. They have received a lot of positive feedback. Councilor McDevitt told Council to look at the beavercreek.com site to see what they think of the Avon section. Town Council Meetings Roll Call Check Sheet TlatP • S ?? Z inn Jim Benson / V - - - - - ? v v Debbie Buckley Rick Cuny Mac McDevitt / V/ Buz Reynolds Judy Yoder Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. Seating arrangements from west to east: Blank, Reynolds, Cuny, Yoder, McDevitt, Buckley, Benson Staff Present: /Bill Efting /Larry Brooks Burt Levin Kris Nash Jacquie Halburnt _ Scott Wright Jeff Layman Charlie Moore Meryl Jacobs Norm Wood _ Bob Reed Harry Taylor Mike Matzko Karen Griffith Other Staff. .,#-7-/.9 e, /- ?'A k--c_._ STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) 11 NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD MAY 23, 2000, AT 2:00 P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: -Pe t? ? C" '/ . J( 2:00 PM-3:10 PM 1.) Interview for Vacant Council Seat c c -r? a.) Stephen Miller 2 - 2-' "'? ivy ¢r ?'?" ??7 ?5 b.) Konr Beetch c•) Kenneth Rhoads ?j '' `i 2 c r d.) Karri Willemssen t - Y ? e.) Sue Railton 7 4?` f `.?r• ?' x % f.) Michael Brown Z c it '? . ?t f a µ 1 =. g.) - -- . -? f Kelly Davis ? S 3:10 PM - 3:30 PM 2.) ?/ (/ Personnel Matter/Financial Matters (Executive Session) 3:30 PM - 4:00 PM 3.) 14 Sanitation District (Bill Eftin ) g 4:00 PM - 4:15 PM 4.) Speed Bumps (Bob Reed) 4:15 PM - 4:30 PM 5.) Pocket Parks (Bob Reed) 4:30 PM - 5:00 PM 6.) Nottingham Road Conceptual Review (Norm Wood) 5:00 PM - 5:20 PM 7.) Community Development Update Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC OF AVON, COLORADO BY: Kris Clerk 11 POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 19,2000: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY i zt- fl 5/17/00 TO: The Honorable Mayor Judy.Yoder, and her fellow.Coundl Members iJ FROM: Steve Miller Ref.: Filling the seat on Town. Council, vacated by Bob McIlveen lam, 2 Attached is the resume that you requested with the following addendum: c ~r(~ June 199 - present TekarCommzwAw aav, Ins - Satellite sales office located In Westgate Bidg. - Avon. ToW j N OF A VpN _ Operations Manager- Wireless Division, supervises sales force, accounting mgr., major account mgr., and purchasing mgr. Companies home office In Atlanta, GA, speciatiang in used and re-furbished cellular equipment, selling to clients worldwide. In the meantime, my wife and two sons have returned as property owners in Avon. We are keeping residence at 0211 W. Lj November, 1998. Beaver Creek Blvd., since I have a sincere interest in making Avon one of the gems of the western slope, Y as well as the hub of all things happening in Eagle County. j I look forward to the opportunity to speak With your as I am convinced that I can be an asset to your team. J p 0 3 s Lei L J Stephen M. Miller Post Office Box 1713 Vail, Colorado 81658 970-949-4972 Professional Summary Responsible business man and oommunity leader with proven managernent and administrative skills. Supports a work regimine based on ethical performance, goal setting, motivation, and team building. Resoiroes indude Strong interpersonal, communication. and networking skills. Professional Experience September 1990 AirTouch CommunicationsNODAPHONE Ini'l; AirTouch Cellular; to May 1999 U S WEST Cellular, dba U S WEST NewVector Group. Major A.oaount Executive, Territory Manager, Market Manager - hired, trained, and managed 19 indirect sales locations, in a 9 county area. - managed general and administrative budget, including indirect . advertising. - handled major account sales, capturing 87% of all government aoooLsm - achieved plan numbers in excess of 10096 each year, while st r)" within G & A budget November 1967 Pinyon Builders, Purofirst Disaster Restoration, and Steam Master to August 1990 all solely owned sister comparies. General Manager - directed 18 emplayees of an established cleaning firm, fire- water-vandalism restoration company, while creating a new residenhaircommercial construction company. April 1978 Eagle River Fire Protection Districts to June 1987 Fire Ctid - chief administrative afticial serving sox metropolitan districts where fire suppression, fire prevention, code enforcement and emergency medical servikes were provided. Managed 14 professional firelighters, 1 administrative assistant, 13 resident firefighters, and 51 volunteers. a D V O z J J Educalllon Northeaster Junior College, Sterling, Colorado - general studies. University of Colorado, Boulder, Colorado - Business Administration, drama mirvrc NewVector University, Beflevue, Washington - management, marketing, & sales. Professlonal AssocfaHons Vai66agle Valley Rotary Club - Board of Directors, 1984 to Present - Paul Harris Fellow. - Presidarut; 198frr 87. - Assistant District Governor, 1997 to - Rotarian of the Year Award, 1996-97. Pin Vail Valley Community Television - Board of Directors, 1987 to Present. - Chairman of the Board, 1989-83_ Cobrado Ski Museum - Docent, 1981 to Present. Eagle County Emergency Telephone Service Authority Board / E911 - Board of Directors, 1998 to Present St. Patrick's Catholic Church - Finance Council, 1997 to Present Business Education Partnership of Eagle County - Board of Directors, 1992-%. Eagle County School District - Board of Education 1992-95. 'Handshake Award - Friend of Educatiolf recipient; picked by Governor Ray Romer's Office of Education Personal Happily married to Alice, and together have two sons, Tanner and Rye_ Personal references readily available and will be supplied upon reouest KONR X BEETCH 5580 Coyote'Rldge Avon, CO 87620 970.845.9955 303.905.9163 cell DATE: May 18, 2000 TO: Avon Town Council Member Vacancy ATTENTION: Town Clerk FROM: Konr K. Beetch FAX # 970.949.9139 NUMBER OF PAGES INCLUDING COVER SHEET: Z COMMENTS: DearAvon Town Clerk, Please see the enclosed letter of Interest for the Avon Town Council Member vacancy. Thank you. Sincerely, orb, cnr /G Beetch b6. row N OF4VON W . M 1 Y bL 1"1H l'-lb-bb bO GL^t YI'1 pin KONR K. BEETCH 5580 Coyote Ridge Avon, CO 81620 970.645.9955 May 16, 2000 Town of Avon Town Clerk PO Box 975 Avon, CO 81620 Dear Avon Town Council: I am interested in offering my services for the vacancy on the Avon Town Council. I moved to the Vail Valley in 1983 to pursue a career in the ski industry and resided here until 1988. 1 came back in the 1992-1993 ski season and recently returned to the valley again about one year ago from Denver. I returned to this area because the lifestyle and quality of life offered here is not available in most Front Range communities anymore. During my absence from this area I resided in Boulder, Ft. Collins and Denver while attending college (finishing my degree in Political Science) and pursing a career in the trade show exhibit and design industry. While living in the Vail Valley and the other Colorado communities I have witnessed the great deal of change that has taken place over the years in our state. I always kept a close watch on the pulse of city government where ever I was living through out my years in Colorado. Without getting issue specific, living in the Vail Valley and other Colorado communities has given me many different perspectives on city governments which I believe would benefit the Town of Avon. Based upon by past and present experience I believe I would be a solid contributing member to the Avon Town Council and it would be an honor to do so. I look forward to your response and thank you for this opportunity. Sincerely, Konr K 8eetch C Kenneth R. Rhoads POB 7744 Avon, CO 81620 (970) 845-9663 Kris Nash, Town Clerk 400 Benchmark Rd POB 975 Avon, CO 81620 May 16, 2000 Dear Ms. Nash: OWN OFA VOA Accept this letter of interest to fill the recently vacated Avon Town Council position. I am a registered elector and have been a resident of Avon since 1993. I have great interest in the issues and concerns that our Town is facing and would like the opportunity to serve the citizens for the remainder of this term. My schedule offers the flexibility to make the necessary time commitment. I can be available for an interview at the Council's convenience. Sincerely, Kenneth R. Rhoads 11 C7 E Karri Willemssen PO Box 302 Avon, CO 81620 Home # 845-8457 Work # 949-4227ext May 15, 2000 Town of Avon PO Box 975 Avon, CO 81620 RE: Avon Town Council Member Vacancy Dear Ms. Nash: TOWN OF AVON This is my Letter of Interest for the Avon Town Council Member position. I meet all the qualifications as set forth in the position announcement. I have lived in the Valley since December of 1993 and in the town of Avon for 5 years. I have owned my home in Avon for 3 years where I serve on the homeowners association board of directors. For the past 5 years, I have been employed as the Inside Sales Manager for Colorado Mountain Express (CME). At CME, I am responsible for the budgeting, staffing, training and managing of a 35 employee, 250,000 annual call, 7 day a week, 24 hour a day operation with annual revenues in excess of $3,500,000. At CME, I address guest and employee related issues and concerns on a daily basis and train employees on the computers and reservation system which requires the ability to manage, negotiate and balance the needs of the company, employees and guests. As a mid-level manager, I understand the importance of seasonal employees and year-round working residents who face the challenges of living in a resort community (affordable housing, reasonable daycare, etc). I have been on the employee morale committee for the past 4 years at CME, which provides me the ability to be sensitive to the needs of different employees and to be responsive as moods and attitudes change. As part of the management team of an Avon/Edwards based company, I have worked with long time residents and visitors to the valley. This fact, along with my tenure as an Avon resident uniquely qualifies me to balance the issues facing the Town of Avon. I feel confident I can attend all of the meetings, work sessions and events, as my schedule is very flexible. Continuing my education and self-improvement, I have participated in several motivational seminars including Fred Pryor seminars, Dale Carnegie work sessions, Dr. Jerry Bell work sessions, Mountain States seminars and Anthony Robbins Results 2000. 1 have participated in several Colorado Mountain Express sponsored activities in the past 5 years such as the Southwestern Chili Festival, Highway Clean-up day, the Gerald Ford Christmas tree lighting and Toys For Tots. I feel I have the capability to fulfill this position. Enclosed please find my resume. If you have any questions, please feel free to contact me at home 845-8457 or at work 949-4227 ext 6305. Sincerely, t . Karri Willemssen Inside Sales Manager Colorado Mountain Express M 4 PO Box 302, Avon Phone: 845-8457 Fax: 949-5032 E-mail: karriwQo cmex.com K a r A Willemssen Education 1988-1993 University of California, San Diego San Diego, CA ¦ B.A., Psychology, Minors: Biology and Chemistry ¦ Honors: Dean's List Student Management and 1995-Present Colorado Mountain Express Avon, CO Interpersonal Inside Sales Manager Experience Responsible for training, scheduling, and the budget for reservations. ¦ Managed 35 employees, 250,000 calls per year and $350,000 in revenue ¦ Planned all the employee morale events for the entire company. 1994-1995 Evergreen Lodge Vail, CO Reservations Manager/ Sales Assistant ¦ Responsible for all front desk and reservation duties, group sales, including computer input, cash audits, check in/out procedures, and managing all aspects of group bookings. ¦ Increased wholesaler reservations booked by over 85% in one year. ¦ Employee of the Month, May 1994 1994-1995 The Sonnenalp Resort of Vail Vail, CO Sales Clerk in the Logo Shop and Cosmotique Boutique ¦ Responsible for maintaining maximum sales, cash audits, and inventory. 1993-1994 Sports America Tours Fulton, CA Colorado Ski Tour On-Site Coordinator ¦ Detailed and directed every aspect of the tour, including activities, lift tickets and lodging. Aug. 1993-Nov. 1993 U.S. General Diver Tender San Diego, CA • Maintained and prepared diving equipment while assisting the diver and drove the boat. 1988-9992 California Kotton Stuff San Diego, CA Sales Manager ¦ Managed three stores by overseeing sales, schedules, inventory, orders and cash audits C E t 1 r Academic and 1989-1993 Related Ski Clubs San Diego, CA Social Experience All-Cal: Director (1yr) / Committee Member (2yrs) ¦ Coordinated and organized all aspects of ski trips for over 1,000 college students from all University of California Colleges. Radically Inclined Ski Club: Vice President (1yr) / Staff Member (3yrs) ¦ Planned and coordinated activities, events and ski trips for 1,000 members from University of California, San Diego. 1989-1993 Sigma Kappa Sorority San Diego, CA Rho Chi: Rush Counselor (1yr) ¦ Counseled and supported young women joining a sorority. Fundraiser Chairperson(1yr) ¦ Coordinated fundraising activities for the sorority. Pledge Class Vice President: (1yr) ¦ Planned and organized the pledge class functions. Panhellenic Pledge Class Philantrophy Chairperson(1yr) ¦ Coordinated events to help the homeless and abused women. 0 1988-1993 Other Organizations San Diego, CA College Residential Senator(lyr) ¦ Promoted and participated in on-campus residential events. AIDS Awareness Program Chairperson(1yr) ¦ Coordinated events to promote educational awareness. Clinical Psychology Volunteer(1yr) ¦ Assisted with treatment planning, group activities and recreational therapy for abused children. Scripps Clinic Emergency Room Volunteer(3yrs) ¦ Aided in the emergency room and trauma unit including IV insertions, compressions and patient care involvement. Interest Skiing, Golf, Softball, rock climbing and rafting Skills Computer Knowledge: Macintosh, Microsoft word and Excel, Act, Word Perfect 5.0, 6.0+, Quattro Pro, Windows 95 0 75 CD May 15, 2000 TO WN OFA?ON RAILTON•McE I[OY A R C H I T E C T S A V 0 N Town Clerk Town of Avon P.O. Box 975 Avon, CO 81620 Re: Application for Town Council Vacant Seat, Dear Town Clerk, I am Interested in applying for the vacant seat on Avon Town Council for the balance of the term which expires in November, My office and home phone number is 949-5595, and I will be available for an Interview on May 23, 2000 at any time that is convenient. 0 Thank you for your consideration. Yours sincerely, Sue Rallton. PROArCONCEM - RESIDENCES NTERIORS • LA WAPEOEM P0. Boa 430 Mn, C*r&ja 81657 (303 949.5m. FAX 949.5516 T 0 T May 8, 2000 Mayor Judy Yoder and Town Council Members The Town of Avon PO Box 975 Avon, CO 81620 Dear Ladies and Gentlemen: p ECEPWE M AY 2 1 2 D; TOWN OF AVON I respectfully wish to apply for the vacant seat on the Avon Town Council. I have lived in Colorado for nearly 10 years and in the Vail Valley since 1996. Last year, I purchased a Sunridge condominium in Avon, and I currently manage two Avon locations for Alpine Bank. As my resume will show, I am committed to both my work and to various organizations within our valley. As one who both lives and works in Avon, I see a town that offers much to residents and visitors alike. However, I also believe that Avon must continually look ahead to improving itself and maintaining its diversity of residents and workers. I am available to meet with you at your convenience. Please contact me at my office (949-3333) or at home (748-8975). I thank you for your kind consideration. Very truly yours, t Michael S. Brown E Michael S. Brown PO Box 6083; Avon, CO 81620 (970) 748-8975 OCCUPATIONAL VICE PRESIDENT/ MANAGER, March, 1996- Present BACKGROUND Alpine Bank, Avon, CO • Opened and currently manages two Avon branch locations • Responsible for management of overall loan and deposit portfolios • Develops and maintains customer relationships • Originates commercial and consumer loans • Oversees and enforces bank security and compliance ASSISTANT VICE PRESIDENT, October, 1994-February, 1996 Alpine Bank, Aspen Airport Business Center, Aspen, CO • Equipped, opened and staffed branch • Responsible for all consumer and commercial lending in branch • Developed and maintained lending and deposit relationships within the Aspen Airport Business Center • Trained and evaluated staff in all aspects of banking operations MANAGEMENT TRAINEE/ BANKING OFFICER, January, 1993-Sept., 1994 Alpine Bank, Aspen, CO • Learned all aspects of consumer lending Responsible for analyzing and originating consumer loan requests OPERATIONS SUPERVISOR, December, 1991-December, 1992 is Alpine Bank, Aspen, CO • Led and managed all tellers and new account representatives • Trained and evaluated staff in various operational duties • Learned and implemented compliance and security procedures TELLER/ NEW ACCOUNTS REPRESENTATIVE, January-December, 1991 Alpine Bank, Aspen, CO • Opened personal and business deposit accounts • Maintained a cash drawer • Corresponded with new and existing customers • Created and organized customer account files COMMUNITY President, Eagle County Literacy Project Board of Directors ACTIVITIES Board Trustee, Eagle Valley Library District Vice President, Sunridge Condominium Homeowners Association Board of Directors Ambassador/Liaison, Vail Valley Chamber of Commerce Treasurer, Avon Merchants Association Colorado Bankers Association EDUCATION Oklahoma State University, Stillwater, Oklahoma Bachelor of Science Major: Advertising Grade Point Average: 3.95 APR 27 '00 10:09W V A PLAN CONST i v fy a17 April, 27, 2000 rowN oFAVON Dear Ms. Nash, I would be interested in filling Bob McIlveen's position on the Avon Town Council, Have lived in Avon since 1983. Sincerely, Kelly Davis P. O. Box 656 Avon, Co. 81620 Work phone) 845-2571 F. 1/1 C7 Y f ' r1HT YJ1 '1010 107- J1H1'I V H rLHI`I Wl ib I KELL`Y' DAVIS P.O. BOX 656 AVON, CO 81620 970-84572571 Objective: Serve as a member of the Avon Town Council Experience: Resident of Avon, Colorado since 1983 i Substitute teacher for Eagle County, Co. Law abiding citizen Education: B.S. Utah State University Outdoor Management B.S. Utah State University Secondary Education MAY ` 7 "D QA MAY 01 '00 09:50AM V A PLAN CONST Phom 845-2571 Fax: 845-2358 facsiir?*e t???nsmi?tal To: Kristen Nasb From: Kelly Davis P.1/2 Fax 949-9139 Date: May 1, 2000 Phone: Pages: 2 Re: Avon Town Council CC: ?r -soda Notes: 1 am realty interested in filling Mcliveen's position on the Town Council. He knows me. Here is my resume. Please keep me informed concerning the Interview. Thank you. 0 , coinfidential t Memorandum To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Bob Reed, Public Works Director Date: 05/17/00 Re: Parks. Summary: Attached you will find information regarding three different Parks. Background: As you already know, we have been working to fill a lower terrace at the Wildridge Pocket Park, located at Old Trail Road and Oneal Spur, with the intention of possibly building on that spot in the year 2001. Discussion has also risen about the possibility of two other sites; Coyote Ridge, and Hurd Ln. Rob Janusz and I have put together some options as well as some recommendations for all three sites. Discussion: We would like some direction from Council if you would like to proceed with any or all of these and in what order. /7?' 1 C. Wildridge Pocket Park Option #1 Slide / Climber (small) Swings (4-swing) Fibar surface Edging (timbers) Irrigation Benches / Tables Hydromulch Fencing Hillside restoration 3000 2000 1200 2000 2500 1500 5000 750 1500 Total option #2 Structure Surface materials Edging (timbers) Sod Irrigation Trees / Shrubs Drinking Fountain (upper terrace) Benches / Tables Hydromulch / Hillside restoration Fencing Total * Could be done in two phases Option #3 Basketball / Tennis Court Irrigation Trees / Shrubs Drinking fountain (lower terrace) Benches / Tables Hydromulch / Hillside restoration Total * Could be done in two phases $17,450.00 24000 5000 3500 10000 2500 2500 1800 3000 2700 750 $57,750 185000 2500 2500 2800 3000 2700 $198,500.00 E E r Y r a r: r ?J C Climbing Structure / 2 swings Sand surface Edging (timbers) Fabric Water tap, Vault, Backflow Irrigation *Solar clock Sod Trees / Shrubs Fencing (split-rail) Benches Asphalt (17 tons @ 50/ton Total *Electrical panel in place of solar clock Hurd Lane Park 3000 1850 1750 300 5000 650 1600 3200 1000 350 500 1500 $20,700 4200 Coyote Ridge Park The first thing needed, of course, would be to acquire the two lots. Then I would recommend stripping the vegetation off and filling to a point where we would have a workable surface. This could be accomplished over the course of a building season with minimal cost to the Town of Avon. There are a few up-front costs; 1) Holy Cross Transformer would need to be raised to the level of Coyote Ridge. ($2000). 2) A water tap would definitely be needed along with a meter in a vault with a backflow preventer ($5000). 3) If possible, a small electrical panel would be better to run the size irrigation clock needed for that much area ($4200). We could then design and install irrigation and playground equipment the following year, or even phase it over a couple of years, spending whatever the Council might be comfortable with. E n a = y + # 111Y sn? ? ®s a : ? k - a s ? : a a . .. ?c a 0 a r y ? M s a ? t' ? r a ? A`? ?4 G j, tri: ! P tl i it a Y i i ?? ? te . .a x ? s V ~ 1. S f f.I t WILDRIOGE r 1 t SUBOI VISION 3 TRACT 1 TRACT J 13 4 O 14 21 22 47 5 78 15 23 6 77 20 1 46 79 16 19 45 7 90 76 24 17 ?E 1 4 8 12 80 'SID 9 10 11 25 18 1 75 89 c 26 ? 88 qoA 81 74 27 I TRACT H 55 87 ® 28 1 86 85 84 83 82 56 1 PUD 58 59 I 54 7 57 71 70 72 73 `? 1 53 M 60 49 '?P 1 REt 50 36 52 51 48 69 68 I J7 61 38 39 47 62 67 P U D 8 66 1 46 R04 TRACT K 7 63 65 I 6 5 45 64 1 2 1 44 1 1 4 N` 10 E f+W0 43 42 - -- I 0 42 Q 40 WILDRIDGE SUBDIVISION 41 35 PUD 33 TRACT F 45 44 34 I O 6 43 O 1 I ? ors I 90 'p I 1 91 1098 TRACT L 3 2 92 109A 87 93 108 11 g P U D I I , 86 94 107 1 85 4 78 10 95 106 9 s TR T ? 79 96 7 97 105 AC K m < 98 wa 8 5 80 76 99 103 6 rows s[s 75 t 77 100 4 TM 74 102 , ?' O 1 51 52 ?3 101 "a °"nn 1 54 O ?«u i 5 Q5 4 I SO s 55 2 3 6 49 33 32 56 Olt OW ' q 34 3t 17 wurr I ~ Q ? TRACT A o *ACT 2 8 TRACT M 46 35 36 30 18 ?7 37 29 1 19 "'DQ ' t 1 46 38 29 16 6 20 ? 9 I 68 45 39 27 ?^ • **R E V I S E D** • TOWN OF AVON REGULAR COUNCIL MEETING AGENDA May 23, 2000 - 5:30 PM 1. Call to Order / Roll Call r -? xt_ V1__ 0 _o f C? 2. Citizen Input 3. Ordinances f? a.) First Reading of Ordinance No. 00-06, Series of 2000, An Ordinance Amending Chapters ? 1 8.31 and 8.32 of the Avon Municipal Code Relating to Odor Pollution; and Providing Penalties for the Violation Thereof 4. Resolutions a) Resolution No. 00-23, Series of 2000, A Resolution to Amend the 2000 Town of Avon Budget l??Utr ti r ?, r t.??? 5. Unfinished Business 6. New Business a.) Selection of New Council Member e t 1 6, 62 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a.) Approval of the May 9, 2000 Council Meeting Minutes b.) Resolution No. 00-21, Series of 2000, A Resolution Approving the Final Plat, A Resubdivision of Lot 103, Block 1, Wildridge, Town of Avon Eagle County, Colorado c.) Resolution No. 00-22, Series of 2000, A Resolution Approving the Final Plat, The Residences at Brookside Park, Buildings 2 and 3, A Resubdivision of Lot 3, Brookside Park Amendment II, Town of Avon, Eagle County, Colorado d.) Resolution No. 00-24, Series of 2000, A Resolution Approving Modification of Appendix A to the Water Service Rules and Regulations for the Town of Avon, Eagle County, Colorado e.) Resolution No. 00-25, Series of 2000, A Resolution Authorizing the Use of a Previously Approved Governmental Lease-Purchase Master Agreement Dated May 19, 1999 and Approving a Supplement Thereto and Related Documents and Certificates 0 • 12. f) Resolution No. 00-26, Series of 2000, A Resolution Approving the Master Deed Restriction Agreement for Grandview, Lot 42, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado g.) Resolution No. 00-27, Series of 2000, A Resolution Approving the Temporary Easement for Grandview, Lot 42, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado h.) Approval of Contract with Metro Fire Training Center i.) W. Beaver Creek Blvd. Street Improvements - Meldor Construction, Inc.-Construction Contract j.) W. Beaver Creek Blvd. Street Improvements - HP Geotech Material Testing Proposal k.) W. Beaver Creek Blvd. Street Improvements Proposal/Inter-Mountain Engineering, Ltd. Construction Contract Administration Services 1.) Contract with NationTax Online, Inc. for Electronic Filing of Sales Taxes m.) Contract with Funke Skate & Hockey Supply for Rollerblade Concessions n.) Lot C - Storm Water Detention Facility Agreement o.) Financial Matters Adjournment f' ,_ G-\_ 't /--) ? 0 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA May 23, 2000 - 5:30 PM 1. Call to Order / Roll Call 2. Citizen Input 3. Ordinances a.) First Reading of Ordinance No. 00-06, Series of 2000, An Ordinance Amending Chapters 8.31 and 8.32 of the Avon Municipal Code Relating to Odor Pollution; and Providing Penalties for the Violation Thereof 4. Resolutions a) Resolution No. 00-23, Series of 2000, A Resolution to Amend the 2000 Town of Avon Budget 5. Unfinished Business 6. New Business 7. Town Manager Report 8. Town Attorney Report 9. Mayor Report 10. Other Business 11. Consent Agenda a.) Approval of the May 9, 2000 Council Meeting Minutes b.) Resolution No. 00-21, Series of 2000, A Resolution Approving the Final Plat, A Resubdivision of Lot 103, Block 1, Wildridge, Town of Avon, Eagle County, Colorado c.) Resolution No. 00-22, Series of 2000, A Resolution Approving the Final Plat, The Residences at Brookside Park, Buildings 2 and 3, A Resubdivision of Lot 3, Brookside Park Amendment II, Town of Avon, Eagle County, Colorado d.) Resolution No. 00-24, Series of 2000, A Resolution Approving Modification of Appendix A to the Water Service Rules and Regulations for the Town of Avon, Eagle County, Colorado e.) Resolution No. 00-25, Series of 2000, A Resolution Authorizing the Use of a Previously Approved Governmental Lease-Purchase Master Agreement Dated May 19, 1999 and Approving a Supplement Thereto and Related Documents and Certificates f.) Resolution No. 00-26, Series of 2000, A Resolution Approving the Master Deed Restriction Agreement for Grandview, Lot 42, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado g.) Resolution No. 00-27, Series of 2000, A Resolution Approving the Temporary Easement for Grandview, Lot 42, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado h.) Approval of Contract with Metro Fire Training Center i.) W. Beaver Creek Blvd. Street Improvements - Meldor Construction, Inc.-Construction Contract W. Beaver Creek Blvd. Street Improvements - HP Geotech Material Testing Proposal k.) W. Beaver Creek Blvd. Street Improvements Proposal/Inter-Mountain Engineering, Ltd. Construction Contract Administration Services 1.) Contract with NationTax Online, Inc. for Electronic Filing of Sales Taxes M.) Contract with Funke Skate & Hockey Supply for Rollerblade Concessions n.) Lot C - Storm Water Detention Facility Agreement o.) Financial Matters 12. Adjournment C I'-1 U 0 ORDINANCE NO. 00 - 06 AN ORDINANCE AMENDING CHAPTERS 8.31 AND 8.32 OF THE AVON MUNICIPAL CODE RELATING TO ODOR POLLUTION; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 8.31.030(B) of the Municipal Code of the Town of Avon is hereby deleted. Section 2. Amendment. Section 8.31.035 of the Municipal Code of the Town of Avon is added to provide as follows: "8.31.035 Curative Action and Notice to Town A. If a violation of Section 8.31.030 hereof occurs, the person responsible for such violation shall take immediate action to correct the problem that caused the violation. B. Within eight hours of a violation of Section 8.31.030 hereof, the person responsible for such violation shall verbally notify the Town Manager of the specific reason that the violation occurred. Within three working days after such violation, such responsible person shall provide to the Town Manager a written statement detailing the reason for the violation and a plan for making certain that the problem will not recur." Section 3. Amendment. The second sentence of Section 8.32.010(A) of the Municipal Code of the Town of Avon is amended as follows, so as to increase the permissible fine: "Any person who violates any provisions of this title shall be punished by a fine of not more than one thousand dollars or by imprisonment for a period of not more than ninety days, or by both such fine and imprisonment; provided, no person under the age of eighteen years shall be punished by imprisonment." INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2000, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the _ day of , 2000, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. U C Judy Yoder, Mayor Attest: Kris Nash, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this day of , 2000. Judy Yoder, Mayor v ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney 11 - I'll i Ah I 1 i ?., To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager Frorm Scott Wright, Finance Director ./ Date: May 17, 2000 Re: Resolution 00-23, Budget Amendment Summary: A budget amendment is proposed for the 2000 budget for the following item: Capital Projects Fund An increase to the W. Beaver Creek Blvd. Streetscape Improvement Project in the amount of $230,000. Please see the attached memorandum from Norm Wood regarding the W. Beaver Creek Blvd. Streetscape Improvement Project revised project estimates. Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: Attachme A - Resolution 00-23 B - Memo from Norm Wood Page 1 RESOLUTION NO. 00-23 SERIES OF 2000 A RESOLUTION TO AMEND THE 2000 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2000 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2000, AND ENDING ON THE LAST DAY OF DECEMBER, 2000. WHEREAS, the Town Council of the Town of Avon has adopted the 2000 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2000; and WHEREAS, the Town Council finds it necessary to amend the 2000 budget to more accurately reflect the revenues and expenditures for 2000; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following fund is as follows for 2000: Original or Previously Amended 2000 Budget Capital Projects Fund Beginning Fund Balance $ 3,350,910 Revenues and Other Sources 1,844,093 Expenditures and Other Uses 2,779,419 Ending Fund Balance $ 2,415,584 Current Proposed Amended 2000 Budget $ 3,351,242 1,844,093 3,009,419 $ 2,185,916 11 E 1 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 23`d day of May 2000. ATTEST: Kris Nash, Town Clerk 11 C TOWN OF AVON, COLORADO Judy Yoder, Mayor 2 Capital Projects Fund #41 Amended Budget #2 Fund Summary Original or Current Actual Prev. Amend. Proposed Difference Actual 1999 Budget Amendment Increase 1998 (Unaudited) 2000 2000 (Decrease) REVENUES 670 950 $ 1 $ 2,253,373 $ 1,050,000 1,050,000 $ _ Taxes Intergovernmental , , 607,869 200,000 670,000 670,000 - Investment Earnings 125,804 137,801 113,093 113,093 - Other Revenue 73,969 35,183 11,000 11,000 - Total Operating Revenues 2,758,312 2,626,357 1,844,093 1,844,093 - Other Sources: Transfer In from Other Funds 2,059,507 250,836 - Bond Proceeds 7,085,000 - " Capital Lease Proceeds 114,000 225,954 - - TOTAL REVENUES 12,016,819 3,103,147 1,844,093 1,844,093 EXPENDITURES Capital Improvements: 193 965 4 4,652,394 255,218 255,218 _ Facilities Land and Land Improvements , , 128,966 50 2,091 523 851 227,909 665 841 1 227,909 071,665 2 230,000 Roads and Streets 1,565,1 , , , 185,000 , 185,000 Recreation Strategic Planning 44,537 38,085 25,000 25,000 Communications 139,939 50 100,000 000 6 100,000 000 6 - - Other 1,500 2,2 , , Debt Service: Capital Lease Payments 397,321 80,605 123,416 123,416 _ Total 7,102,667 5,766,887 2,764,208 2,994,208 230,000 Other Uses _ Bond Issuance Costs 317,621 - ' Operating Transfer-Out to Debt Service Fund 563,570 - - - Operating Transfer-Out to Wildridge S.I.D. 17,171 16,191 15,211 15,211 TOTAL EXPENDITURES 8,001,029 5,783,078 2,779,419 3,009,419 230,000 NET SOURCE (USE) OF FUNDS 4,015,790 (2,679,931) (935,326) (1,165,326) (230,000) FUND BALANCE, Beginning of Year 2,015,383 6,031,173 3,350,910 3,351,242 332 FUND BALANCE, End of Year $ 6,031,173 $ 3,351,242 $ 2,415,584 $ 2,185,916 $ (229,668) Page 1 i Capital Projects Fund #41 Amended Budget #2 CIP Projects Inventory Original or Current Account Prev. Amend. Proposed Difference Number Description Actual 1998 Actual Budget Amendment Increase 1999 2000 2000 (Decrease) CAPITAL IMPROVEMENT PROJECTS Facilities: 11001 Municipal Building Improvements $ 363,669 $ - $ _ $ 12001 Fire Station Expansion/Remodel - 17,444 187,000 187 000 $ 13001 Swift Gulch Facility 4,240,472 4,332,319 68,218 , 68 218 13002 Pump House and Picnic Shelter 361,052 - , 13003 Park Equipment Storage - 302,631 _ Land and Land Improvements: Parks: 21001 Pocket Parks 128,966 - 21002 Garton Property - 2,091 227,909 227,909 _ Roads and Streets: Streetscape: 31001 Streetscape Planning 41,178 - 31002 31003 W. Beaver Creek Blvd. Wiidridge Entry Sign - 38,979 655,000 885,000 230,000 31004 Nottingham Rd. Imp. 1-70 to Buck Creek - - 104,000 104,000 31005 , Nottingham Rd. Imp., Buck Creek to end - - - - 195,000 200 000 195,000 20 , 0,000 - Street Improvements: 32001 Paving/Road Improvements 181,308 140,002 90,000 90 000 32002 W. Beaver Creek Blvd Railroad Crossing 51,344 - _ , 32003 Chapel Square Reimbursement - 150,000 50,000 50 000 32004 E. Beaver Creek Blvd. Improvements - - 90,000 , 90,000 - Multi-Modal/Altemative Mobility: 34001 Sidewalks - 19,428 _ 34002 East Avon Access and Circulation - 120,947 110,000 110 000 34003 Roundabout Pedestrian Crosswalk Improvemen - 134,914 _ , 34004 Eagle River Bikepath - 10 292,665 292 665 34005 Eagle River Bikepath - Beaver Creek Blvd to Co - - 55,000 , 55,000 35001 Roundabouts: 1,155,320 _ _ _ 36001 Public Art Work 136,000 247,243 - - _ Recreation: 51001 Nottingham Park Basketball Court - - 185,000 185,000 - Strategic Planning: 71001 Development Analysis and Review 20,768 34,701 _ 79001 Planning and Consulting 23,769 3,384 25,000 25,000 - Communications: 81001 800Mhz Radio System - 139,939 100,000 100,000 - Other: 91001 Fireplace Conversions 1,500 2,250 6,000 6,000 - Total Capital Improvement Projects $ 6,705,346 $ 5,686,282 $ 2,640,792 $ 2,870,792 $ 230,000 Page 2 .7 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: May 13, 2000 Re: West Beaver Creek Blvd. - Streetscape Improvements Revised Project Cost Estimate and Budget Summary: The following Project Cost Estimate and recommended Budget is based on the latest available information including construction bids, material testing proposal and contract administration services proposal. Construction Bids were received May 12, 2000 and the low bid submitted is included in the following cost estimate, along with estimated costs from proposals received for material testing and contract administration services. Details regarding construction bids and proposals for the other services will be submitted separately with recommendations for action pending approval of a revised project budget. The current project budget is $655,000. A revised project budget of $885,000 is recommended with a cost breakdown as follows: Construction $ 627,915 Engineering (Design) 9596 Easement - Survey/Title/Appraisals 23,550 Easement - Acquisition 82,733 Contract Administration 27,840 Construction Testing 30,000 Public Relations & Administration 2,500 Contingencies 80,866 Total Estimated Project Cost $ 885,000 It should be noted that the actual cost of some of the above items may vary from this estimate, but we believe the recommended contingency will be adequate to cover any potential cost increases. C:\DOCUME -1\Swright.TOA\LOCALS--I\Temp\Memo Cost Est Rev2.Doe r' We recommend approval of a West Beaver Creek Boulevard Street Improvements Project Budget increase from $655,000 to $885,000 with the additional funds to be derived from the Capital Projects Fund Balance. Town Manager Comments: 11 11 C:\DOCUME--1\Swright.TOA\LOCALS--1\Temp\Memo Cost Est Rev2.Doe 2 0 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD MAY 9, 2000 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Judy Yoder at 5:31 PM. A roll call was taken with Councilors Jim Benson, Debbie Buckley, Rick Cuny, and Mac McDevitt present. Councilor Buz Reynolds was absent. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Deputy Town Clerk Cait Hilmer, Executive Assistant Jacquie Halburnt, Town Engineer Norm Wood, Public Works Director Bob Reed, Director of Community Development Mike Matzko, Police Detective Alan Wilson, as well as members of the public. Citizen Input: Mr. Don Simon, president of the Avon Merchants Association, approached the Council. He requested $5,000 from the Council to support the Association. He stated that amount would get things started He added that they may possibly come to Council toward the end of the year for an additional funding request. Mayor Yoder asked Mr. Simon if they have a budget. He stated they are working with Mike Brown at Alpine Bank to establish a budget. Mayor Yoder asked where they would put their phone and fax machine. Mr. Simon said that has not yet been established. Mr. Simon said they have received a lot of good input from the merchants Councilor Cuny asked if they are still looking at doing something for the Thunderbird Arts Festival. Mr. Simon said they are looking to do something, but are not yet sure what they will do. He said they are open to suggestions. Councilor McDevitt asked if they are collecting dues from potential members. Mr. Simon said they are not that far along yet. Councilor Cuny asked if there are any salaries or administrative expenses yet. Mr. Simon said no. They are working on getting an email address, phone, fax, letterhead, etc. Mayor Yoder asked why they need to be non-profit. Mr. Simon said they do not know yet if they need to be non-profit. ey asked when the budget would be ready. Mr. Simon said in a couple Councilor Buckley of weeks. Mayor Yoder suggested distributing the budget to Council ahead of time and then coming to a work session for 15 minutes to discuss it. Mr. Simon agreed. Councilor McDevitt said the people interested in the Association should be willing to put the time into the administrative things. Mr. Simon said hopefully they will get more people involved who will be willing. Town Manager Bill Efting said once Council has a chance to review the budget, they would probably be glad to help. He said he would be glad to volunteer to monitor for the Town, especially for the first year. Ordinances: Second Reading of Ordinance No. 00-04, Series of 2000, An Ordinance Adopting the Updated Zoning Map Mayor Yoder stated that this is a public hearing. Director of Community Development Mike Matzko presented the updated zoning map to Council. He stated that the Ordinance would adopt the zoning map. There being no comments from the public, Mayor Yoder closed the public hearing. Councilor Benson motioned to approve Ordinance No. 00-04, Series of 2000 on second reading. Councilor Buckley seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Ordinances: Second Reading of Ordinance No. 00-05, Series of 2000, An Ordinance Approving a Re- Zoning from RD (Residential Duplex) to PUD and Approving a 24-Member Private Residence Club at Lot 38A, Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado Mayor Yoder stated that this is a public hearing. Director of Community Development Mike Matzko stated this Ordinance rezones one half of a duplex on W. Beaver Creek Blvd. from a residential duplex to a 24 member private residence club. The other half of the duplex is also owned by the applicant, which 2 Town of Avon Regular Council Meeting May 9, 2000 is under special review use as a bed and breakfast. He stated that Council passed this Ordinance unanimously on first reading at their last meeting. Councilor Benson questioned that if the other half of the duplex were to sell, the new owners would have to deal with the 24 member private residence club. Mr. Matzko stated that would be revealed at the time of entering into a contract. (Note: Mr. Robert Borg, owner of the duplex, spoke from the audience and is not transcribable). There being no further comments, Mayor Yoder closed the public hearing. Councilor Benson motioned to approve Ordinance No. 00-05, Series of 2000 on second reading. Councilor Buckley seconded the motion. Mayor Yoder asked for a roll call The motion carried unanimously. Town Manager Report: Town Manager Efting stated that there will not be a work session next week. Mr. Efting stated they are going to discuss the speed bumps in Wildridge at the May 23rd meeting. Consent Agenda: a.) Approval of the April 25, 2000 Council Meeting Minutes b.) Contract for Great Knight and Avalanche Production, Inc. for Bob SummerFest Concert c.) Financial Matters Councilor Benson motioned to approve the Consent Agenda. Councilor Buckley seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor Benson motioned to adjourn the meeting. Councilor McDevitt seconded the motion. The motion carried unanimously and the meeting adjourned at 5:48 PM. Town of Avon Regular Council Meeting 3 May 9, 2000 • Y SUBMITTED: Nash, Town Clerk APPROVED: Jim Benson Debbie Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder 0 E 4 Town of Avon Regular Council Meeting May 9, 2000 C Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norman Wood, Town Engineer Anne Martens, Engineer I Date: May 17, 2000 Re: Resolution No. 00 - 21, Approving the Final Plat, A Resubdivision of Lot 103, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (3023 Wildridge Road) Summary: Richard Ste-Marie, owner's of Lot 103, Block 1, Wildridge, have submitted a Final Plat to resubdivide Lot 103, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating two Duplex lots. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 00 - 21, Series of 2000, A Resolution Approving the Final Plat, a Resubdivision of Lot 103, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: LJ I:\Engineering\Subdivision\wldddge\L103B1 WR.doc TOWN OF AVON RESOLUTION NO. 00 - 21 Series of 2000 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 103, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Richard Ste-Marie has submitted a Final Plat for a Resubdivision of Lot 103, Block 1, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff; and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 103, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: 1. The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2000. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: C E Kris Nash is Town Clerk t-\Fno;,,aPrin v\S,ihdivision\Wildridge\L 103B 1 WRres0021 Am Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norman Wood, Town Engineer Anne Martens, Engineer I Date: 05/18/00 Re: Resolution No. 00 - 22, Approving the Final Plat, The Residences at Brookside Park, Buildings 2 and 3, A Resubdivision of Lot 3, Brookside Park Amendment II, Town of Avon, Eagle County, Colorado Summary: The Townhomes at Brookside LLC, owner's of Lot 3, Brookside Park Amendment II, have submitted a Final Plat to resubdivide Lot 3, Brookside Park Amendment II, Town of Avon, Eagle County, Colorado. This is a Condominium Subdivision of a developed lot, creating condominium units in building 2 & 3. The Subdivision is in conformance with the Tibe 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 00 - 22, Series of 2000, A Resolution Approving the Final Plat, The Residences of Brookside Park, Buildings 2 and 3, A Resubdivision of Lot 3, Brookside Park Amendment II, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: L Co-1 cc4v. TOWN OF AVON 0 RESOLUTION NO. 00 - 22 Series of 2000 A RESOLUTION APPROVING THE FINAL PLAT, THE RESIDENCES AT BROOKSIDE PARK, BUILDINGS 2 AND 3, A RESUBDIVISION OF LOT 3, BROOKSIDE PARK AMENDMENT II, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, The Townhomes at Brookside LLC has submitted a Final Plat, Buildings 2 and 3 for The Residences at Brookside Park, a Resubdivision of Lot 3, Brookside Park Amendment II, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff; and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for The Residences at Brookside Park, Buildings 2 and 3, A Resubdivision of Lot 3, Brookside Park Amendment II, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2000. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk nn'l') A-- • Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: May 16, 2000 Re: Amendment - Appendix A - Water Service Rules Regulations Resolution No. 00-24, Series of 2000 Summary: Eagle River Water and Sanitation District as managing operators for Upper Eagle Regional Water Authority has requested approval of a Modification of Appendix A to Water Service Rules and Regulations. The proposed modification clarifies and simplifies the current Appendix A of the Rules and Regulations. It does not change the current fee structure or service charges. The proposed Amendment would be approved by the attached Resolution No. 00-24, Series of 2000. A copy of the current Appendix A is attached along with a Memo from Joyce Wood, Manager Customer Services for Eagle River Water and Sanitation District, requesting approval of the Modification of Appendix A to Rules & Regulations. Approval of Resolution No. 00-24, Series of 2000 is recommended. Recommendations: Approve Resolution No. 00-24, Series of 2000, A RESOLUTION APPROVING MODIFICATION OF APPENDIX A TO THE WATER SERVICE AND REGULATIONS FOR THE TOWN OF AVON, EAGLE COUNTY, COLORADO. Town Manager Comments: W C6?1Cu1-, E IAEngineeringtWatertUERWA\Memo ReM24.1)oc TOWN OF AVON RESOLUTION NO. 00 -24 Series of 2000 A RESOLUTION APPROVING MODIFICATION OF APPENDIX A TO THE WATER SERVICE RULES AND REGULATIONS FOR THE TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Eagle River Water and Sanitation District as operating managers for the Upper Eagle Regional Water Authority has requested approval of a Modification of Appendix A to the Rules and Regulations; and WHEREAS, the proposed Modification of Appendix A to the Rules and Regulations is a simplification and clarification of the current Rules and Regulations; and WHEREAS, the proposed Modification of Appendix A does not materially change the current Rules and Regulations or Service Fee Rate Structure. C NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that APPENDIX A, TOWN OF AVON, SCHEDULE OF FEES AND CHARGES EFFECTIVE: JANUARY 1, 2000, as hereto attached, is hereby approved by the Town of Avon. ADOPTED THIS DAY OF , 2000• TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk I:\Engineering\Watcr\UERWA\Res0024.doc APPENDIX A "MODIFIED" TOWN OF AVON SCHEDULE OF FEES AND CHARGES EFFECTIVE: JANUARY 1, 2000 1. RESIDENTIAL WATER TAP FEE: Residential Unit: Town of Avon Water Tap Fee is $4,000 per unit up to 3,000 square feet, plus $2.00 per square foot thereafter, plus $2.00 per square foot for private swimming pool. Area is calculated on the gross square foot measurement to include the outside walls, unfinished areas and concrete basements, excluding garages, attics and multi-unit common spaces. Property owner shall be required to obtain a letter from an Architect or Engineer certifying the size of the building using the District's definition of square footage. (Minimum $4,000) Efficiency Unit: Town of Avon Water Tap Fee is $2,000 per Efficiency Unit. An Efficiency Unit is a single room with a bathroom and a kitchen facility. A kitchen facility is a cooking area that includes a cooktop having more than two burners and a conventional oven or range. Accommodation Unit: Town of Avon Water Tap Fee is $1,400 per Accommodation Unit. An Accommodation Unit is a room with or without a bathroom, but without a kitchen facility with private access to a central corridor or the outside. 2. COMMERCIAL AND IRRIGATION USES: Commercial and irrigation use may be on a separate master meter, or, for mixed uses, may be on the same meter as the Residential/Hotel units, if the property owner provides the District with an Engineer's or Architect's assessment of the meter size necessary to serve the commercial and irrigation fixtures involved. The Town of Avon will consider this assessment in the District's determination of appropriate meter size. The meter size is determined by the fixture count assessment according to the Uniform Plumbing Code. SFE BASED ON EQUIVALENT METER SIZE TAP FEE 1.5 3/4" $ 6,000 2.6 1 " $ 10,400 5.8 1-1/2" $ 23,200 10.3 2" $ 41,200 23.0 3" $ 92,000 40.9 4" $163,000 92.1 6" $368,000 The District requires that each commercial meter 2" or larger have a bypass installed. 3. WATER SERVICE CHARGES: Water service charges are billed monthly, in arrears. For metered accounts see Upper Eagle Regional Water Authority Appendix A for rates. For accounts with broken meters, or unmetered accounts, the rate charged shall be $75.00 per Single Family Equivalent Unit per month. F-\15WSM3CUS71RULEREGS\Avonnu.doc t/1/00 APPENDIX A "MODIFIED" UPPER EAGLE REGIONAL WATER AUTHORITY SCHEDULE OF FEES AND CHARGES EFFECTIVE: JANUARY 1, 2000 1. PARTICIPATING DISTRICTS: Arrowhead Metropolitan District, Bachelor Gulch Metropolitan District, Beaver Creek Metropolitan District, Berry Creek Metropolitan District, Eagle-Vail Metropolitan District, Edwards Metropolitan District, Squaw Creek Metropolitan District, and the Town of Avon. 2. INCREMENTAL PLANT INVESTMENT FEE: An incremental fee to help fund capital projects and building of new Drinking Water Facilities. Residential Uses: Area is calculated on the gross square foot measurement to include the outside walls, excluding garages and attics, but including unfinished areas; concrete basements, and multi-unit common spaces. Property owner shall be required to obtain a letter from an Architect or Engineer certifying the size of the building using the District's definition of square footage. • $0.54 per square foot for 0 to 2,500 square feet (Minimum $565) • $0.80 per square foot for 2,501 to 3,500 square feet • $1.06 per square foot for 3,501 to 5,000 square feet $1.33 per square foot for 5,001 and up Commercial and Irrigation Uses: Commercial and irrigation uses may be on a separate master meter, or, for mixed uses, may be on the same meter as Residential/Hotel units, if the property owner provides the Authority with an Engineer's or Architect's assessment of the meter size necessary to serve the commercial and irrigation fixtures involved. The Upper Eagle Regional Water Authority will consider this assessment in the District's determination of appropriate meter size. The meter size is determined by the fixture count assessment according to the Uniform Plumbing Code. SFE BASED ON EOUIVALENT METER SIZE TAP FEE 1.5 3/4" $ 795 2.6 I" $ 1,379 5.8 1-1/2" $ 3,076 10.3 2" $ 5,463 23.0 3" $12,200 40.9 4" $21,695 92.1 6" $48,854 MONTHLY SERVICE CHARGE FOR METERED ACCOUNTS: The Upper Eagle Regional Water Authority shall bill monthly, in arrears, the metered accounts of the participating Districts, for service charges in accordance with the following Base Charges and Usage Rates: 1/1/00 c. ? cwcrnart irnRi i1.F.RHGS\UERNU Upper Eagle Regional Water Authority Single Family Equivalent Unit for Service Billing: Residential Unit - A residential unit with a kitchen facility, up to 3,000 square feet. 1.0 SFE Efficiency Unit - A single room with a bathroom and a kitchen facility. .50 SFE Accommodation Unit - A room with or without a bathroom, but without a kitchen .35 SFE facility, with private access to a central corridor or the outside. Base Charge: $11.94 per month, per Single Family Equivalent Unit. Usage Rate: $2.53 per thousand gallons of water. Base Surcharge: In addition to the Base Charge, a usage surcharge per month, per Single Family Equivalent Unit, will be collected and paid to the entities listed below: Arrowhead Town of Avon Bachelor Gulch Beaver Creek Berry Creek Eagle-Vail Edwards Squaw Creek 4. MONTHLY SERVICE CHARGES I See individual District Appendix A. $4.00 $3.25 $3.50 $3.50 $0.00 $0.00 $0.00 $20.50 OR UNMETERED ACCOUNTS E F:15 W SD\3CUSMULEREGS\UERNU 1/1/00 APPENDIX A "MODIFIED" EAGLE RIVER WATER & SANITATION DISTRICT SCHEDULE OF FEES AND CHARGES EFFECTIVE: JANUARY 1, 2000 1. RESIDENTIAL WATER TAP FEE CALCULATION (VAIL): $2.55 per square foot of living space area. Area is calculated on the gross square foot measurement to include the outside walls, excluding garages and attics, but including unfinished areas and concrete basements, excluding garages, attics and multi-unit common spaces. Property owner shall provide a letter from the Architect or the Engineer certifying the size of the building using the District's definition. 2. EXPANSION OR REMODEL OF EXISTING RESIDENTIAL UNITS The term "existing residential units" shall refer to those residential units in existence prior to January 1, 1987. Each existing residential unit within the District less than 3,000 gross square feet may increase the size of the unit to 3,000 square feet without additional tap fee assessment. Any additions over 3,000 square feet will be assessed a tap fee for the additional square feet. Residential units built after January 1, 1987, will be assessed an additional tap fee for any increase in square footage. 3. COMMERCIAL AND IRRIGATION USES (VAIL): Commercial and irrigation uses may be on a separate master meter, or, for mixed uses, may be on the same meter as Residential/Hotel units, if the property owner provides the District with an Engineer's or Architect's assessment of the meter size necessary to serve the commercial and irrigation fixtures involved. The meter size is to be determined by the fixture count assessment according to the Uniform Plumbing Code. SFE BASED ON EQUIVALENT METER SIZE TAP FEE 1.5 3/4" $ 8,195 16 1" $ 14,205 5.8 1-1/2" $ 31,689 10.3 2" $ 56,275 23.0 3" $125,663 40.9 4" $223,462 92.1 6" $503,200 The District requires that each commercial meter 2" or larger have a bypass installed. 4. WATER METERS The appropriate water meter shall be purchased from the District for new structures. Once installation of the meter has occurred, the District shall inspect the installation for compliance with District rules prior to water turn on. 5. METER REPAIR Water meters will be repaired at the District's expense. 6. WATER SERVICE CHARGES Water service charges are billed monthly, in arrears. C 111/00 F: 15WSD\3CUMRULESRGS\ERWNU Eagle River Water & Sanitation District 0 For Metered Water Accounts: Minimum: Residential Unit: A Residential Unit with a kitchen facility up to 3,000 square feet is equal to 1.0 Single Family Equivalent Unit. The minimum monthly charge is $5.46 per month, per SFE Unit, for the first 3,000 gallons of water. Larger units will be charged a proportionately greater minimum monthly charge which will include proportionately more water. Efficiency Unit: An Efficiency Unit is a single room with a bathroom and a kitchen facility and is equal to .50 SFE. The minimum monthly charge is $2.73 per month, for the first 1,500 gallons of water. Accommodation An Accommodation Unit is a room with or without a bathroom, but Unit: without a kitchen facility with private access to a central corridor or the outside and is equal to .35 SFE. The minimum monthly charge is $1.91 per month for the first 1,050 gallons of water. Excess Use Rate: For metered consumption above the minimum, the excess use rate is $1.82 per thousand gallons of water, per month. For Unmetered Water Accounts: For accounts with broken meters, or unmetered accounts, the rate charged shall be the rate of $75.00 per Single Family Equivalent unit per month. 7. RESIDENTIAL SEWER TAP FEE CALCULATION: $1.49 per square foot of living space area. Area is calculated on the gross square foot measurement to include the outside walls, unfinished areas and concrete basements, excluding garages, attics and multi-unit common spaces. Applicant shall be required to obtain a letter from the Architect or the Engineer certifying the size of the building using the District's definition. 8. EXPANSION/REMODEL TO EXISTING RESIDENTIAL UNITS The term "existing residential units" shall refer to those residential units in existence prior to January 1, 1987. Each existing residential unit within the District less than 3,000 gross square feet may increase the size of the unit to 3,000 square feet without additional tap fee assessment. Any additions over 3,000 square feet will be assessed a tap fee for the additional square feet. Residential units built after January 1, 1987, will be assessed an additional tap fee for any increase in square footage. 9. MOBILE HOMES TAP FEE CALCULATION: $1.49 per square foot based upon the largest mobile home which can be accommodated per lot. 11 F I5WSM3CUSnRULFSRGS\FRWNU 1/1100 Eagle River Water & Sanitation District 10. 11. 12. SEWER COMMERCIAL AND IRRIGATION USES Commercial and irrigation uses may be on a separate master meter, or, for mixed uses, may be on the same meter as Residential/Hotel units, if the property owner provides the District with an Engineer's or Architect's assessment of the meter size necessary to serve the commercial and irrigation fixtures involved. The District will consider this assessment in the District's determination of appropriate meter size. The meter size is to be determined by the fixture count assessment according to the Uniform Plumbing Code. All commercial and/or industrial wastewater users will be required to pretreat their effluent if their discharge does not meet domestic standard and/or falls under the Federal Classification of Hazardous Waste. SFE BASED ON SEWER EQUIVALENT METER SIZE TAP FEE 1.5 3/4" $ 5,123 2.6 V $ 8,878 5.8 1-1/2" $ 19,806 10.3 2" $ 35,173 23.0 3" $ 78,540 40.9 4" $139,664 92.1 6" $314,500 The District requires that each commercial meter 2" or larger have a bypass installed. SERVICE CHARGES Service charges are billed monthly, in arrears. For Metered Sewer Accounts: Minimum: The minimum monthly charge is $17.77 per month, per metered account, for the first 5,000 gallons of water used. Usage Charge: A usage charge of $3.55 per 1,000 gallons over 5,000 gallons will be made for metered water consumption during the winter months (January through April billing periods). The service charge for the remaining eight (8) months of the year will be the average of the January through April bills. For Unmetered Sewer Accounts: A flat rate monthly charge of $26.68 per single family equivalent. For New Construction: For new accounts, service charges will be based on the unmetered rate, until January of the following year. FIRE HYDRANT METERS - WATER Polic : Fire hydrant meters are allowed to be used between April 15 and October 15, provided freezing at night is not occurring. The customer is responsible for any damage to fire hydrants or fire hydrant meters, which includes vandalism or freezing. P: 15WSDUCUS11RULESRGS\ERWNU 1/1/00 Eagle River Water & Sanitation District A deposit in an amount determined by the District is required which is fully refundable, provided the meter is returned in good condition and there is no damage to the fire hydrant. A schedule of the fire hydrant meter deposits is available from the District. A $50.00 installation and removal charge, payable in advance, is rewired (non-refundable). The graduated rental rate shall be $75 for the 151 month, $100 for the 2° month, $125 for the 3`d month, and each month thereafter, plus the water usage rate of $2.73 per 1,000 gallons. Fire hydrant water shall not be used for drinking purposes at any time. A relocate fee of $50.00 to move the fire hydrant meter from one fire hydrant to another is required. Only District personnel are allowed to move fire hydrant meters. Contractors will be subject to a penalty if they attempt to move or alter a fire hydrant meter. Short-term use of fire hydrant meters is allowed without a deposit. The cost to the customer is $30.00 per hour, plus $2.73 per 1,000 gallons. District personnel will be present the full time the fire hydrant meter is out in the field under the short-term use. C7 11 F: t 5 WSDA3CUSMULESRGS\ERWNU f/t/00 ACTION REQUEST FORM TO: Town of Avon Council FROM: Joyce Wood, Manager, Customer Service DATE: May 8, 2000 SUBJECT: Modification of Appendix A to Rules & Regulations Summary of Subject: Modification of Appendix A to Rules & Regulations for Town of Avon. E Discussion/Background: Reference to water meters, meter repair, fire hydrant meters and service charges for sewer have been removed from the individual Metro Districts' and Town of Avon Appendix A's and will be noted on ERWSD's Appendix A only. Reference to Plant Investment Fee amounts and Regional service charges will be noted on UERWA's Appendix A only. Also clarification and uniformity of some wording throughout all Appendix A's. Legal Issues: None Budget Implication: None Suggested Resolution/Motion: To approve new format of Appendix A for each Metro District. Attached Support Documentation: Copy of existing Appendix A as well as new recommended modified versions. 1/1/00 F:AUSERSVOYCEMAVonC-ncii.doc APPENDIX A TOWN OF AVON SCHEDULE OF FEES AND CHARGES EFFECTIVE: JANUARY 1, 2000 1. RESIDENTIAL USES Single Family Equivalent Unit for Service Billing: Any living unit with a kitchen facility up to 3,000 square feet. Square footage over 3,000 will result in an incremental increase in monthly service fees. A kitchen facility is a cooking area that includes a cooktop having more than two burners and a conventional oven or range. Examples: Residential Condominiums, Townhouses, Apartments, Duplexes, Triplexes, Lock-off Apartments, etc. WATER TAP FEE CALCULATION: Dwelline Unit: Town of Avon Water Tap Fee $4,000 per unit up to 3,000 square feet, plus $2.00 per square foot thereafter; plus $2.00 per square foot for private swimming pool. Area is calculated on gross residential floor area, plus unfinished areas, but excluding garage area and multi-unit common space. (Minimum $4,000). Efficiency Unit: Town of Avon Water Tap Fee $2,000 per efficiency room. A single room with a bathroom and a kitchen facility. A kitchen facility is a cooking area that includes a cooktop having more than two burners and a conventional oven or range. Accommodation Unit: Town of Avon Water Tap Fee $1,400 per room. Rooms (with or without a bathroom, but without a kitchen facility) with private access to a central corridor or the outside. 2. UPPER EAGLE REGIONAL WATER AUTHORITY INCREMENTAL PLANT INVESTMENT FEE $0.54 per square foot for 0 to 2,500 square feet (with a minimum of $565.00) $0.80 per square foot for 2,501 to 3,500 square feet $1.06 per square foot for 3,501 to 5,000 square feet $1.33 per square foot for 5,001 and up COMMERCIAL INDUSTRIAL AND IRRIGATION USES Commercial, industrial and irrigation use may be on a separate master meter, or, for mixed uses, may be on the same meter as the Residential/Hotel units, if the owner provides the District with an engineer's or architect's assessment of the meter size necessary to serve the commercial, industrial, and irrigation fixtures involved. 11 r.?I5WSD\1CUSTRULEREGSWPPENDIVTAPAVON.DOC A21 V 1 /00 TOWN OF AVON A. The Town of Avon will consider this assessment in the District's determination of appropriate meter size. UNITS BASED ON EQUIVALENT *METER SIZE TAP FEE 1.5 3/4" $ 6,000 2.6 1" $ 10,400 5 8 1-1/2" $ 23,200 . 10.3 2" $ 41,200 23.0 3" $ 92,000 40.9 4" $163,000 92.1 6" $368,000 All taps above 6" are to be neeotiated. The District recommends that each 2" commercial meter have a bypass installed. The District requires that each commercial meter which is 3" or larger have a bypass installed. *Meter size is determined by the fixture count assessment as per the Uniform Plumbing Code. B. Upper Eagle Regional Water Authority incremental plant investment fee assessment determined by appropriate meter size. UNITS BASED ON EQUIVALENT *METER SIZE FEE 1.5 3/4" $ 795 2.6 1" $ 1,379 5.8 1-1/2" $ 3,076 10.3 2" $ 5,463 23.0 3" $ 12,200 40.9 4" $ 21,695 92.1 6" $ 48,854 *Meter size is determined by the fixture count assessment as per the Uniform Plumbing Code. 4. WATER METERS The District shall provide and install the appropriate water meter required for new structures. The material and labor charges for this installation shall be added to the tap fee. A "pipe spool piece" having the same dimensions as the meter will be provided to the contractor to facilitate testing prior to the District's installation of the meter. 5. SERVICE CHARGES Water service charges are billed monthly, in arrears. FOR METERED ACCOUNTS: Base Charee: $11.94 per month, per single family equivalent, plus a $3.25 per month surcharge per single family equivalent. C E E Usave Rate: $2.53 per thousand gallons of water. TOWN OF AVON 0 FOR UNMETERED ACCOUNTS: Accounts with broken meters, or unmetered accounts, shall be charged the rate of 10,000 gallons per single family equivalent per month during the winter (October through April) and 20,000 gallons per single family equivalent per month during the summer (May through September), or an amount consistent with historic use, whichever the District deems most appropriate. 6. FIRE HYDRANT METERS Policy: Fire hydrant meters are allowed to be used between April 15 and October 15, provided freezing at night is not occurring. The customer is responsible for any damage to fire hydrants or fire hydrant meters, which includes vandalism or freezing. A deposit in an amount determined by the District is required which is fully refundable, provided the meter is returned in good condition. A schedule of the fire hydrant meter deposits is available from the District. A $50.00 installation and removal charge, payable in advance, is required (non- refundable). The minimum billing shall be $51.50 per month, plus $3.55 per 1,000 gallons. Fire hydrant water shall not be used for drinking purposes at any time. If the water is to be used for lawn irrigation, the customer shall provide a backflow device. A relocate fee of $25.00 to move the fire hydrant meter from one fire hydrant to another is required. Only District personnel are allowed to move fire hydrant meters. Contractors will be subject to a penalty if they attempt to move or alter a fire hydrant meter. Short-term use of fire hydrant meters is allowed without a deposit. The cost to the customer is $30.00 per hour, plus $3.55 per 1,000 gallons. District personnel will be present the full time the fire hydrant meter is out in the field under the short term use. 11 F: \15WSD\3CUSnRULEREGSVAPPEND(h'\TAPAVON.DOC A23 U1100 APPENDIX A UPPER EAGLE REGIONAL WATER AUTHORITY SCHEDULE OF FEES AND CHARGES EFFECTIVE: JANUARY 1, 2000 1. INCREMENTAL PLANT INVESTMENT FEE Arrowhead Metropolitan District, Bachelor Gulch Metropolitan District, Beaver Creek Metropolitan District, Berry Creek Metropolitan District, Eagle-Vail Metropolitan District, Squaw Creek Metropolitan District, Edwards Metropolitan District, and The Town of Avon are subject to an incremental plant investment fee as shown below: $0.54 per square foot for 0 to 2,500 square feet (with a minimum of $565.00) $0.80 per square foot for 2,501 to 3,500 square feet $1.06 per square foot for 3,501 to 5,000 square feet $1.33 per square foot for 5,001 and up METERED ACCOUNTS The Upper Eagle Regional Water Authority shall bill monthly, in arrears, the metered accounts of the participating Districts, service charges in accordance with the following Base Charges and Usage Rates: ARROWHEAD METROPOLITAN DISTRICT Base Charge: $11.94 per month, per single family equivalent. In addition, a surcharge of $4.00 is per month per single family equivalent will be collected and paid to Arrowhead Metropolitan District. Usage Rate: $2.53 per thousand gallons of water. BACHELOR GULCH METROPOLITAN DISTRICT Base Charge: $11.94 per month, per single family equivalent. In addition, a surcharge of $3.50 per month per single family equivalent will be collected and paid to Bachelor Gulch Metropolitan District. Usage Rate: $2.53 per thousand gallons of water. BEAVER CREEK METROPOLITAN DISTRICT Base Charge: $11.94 per month, per single family equivalent. In addition, a surcharge of $3.50 per month per single family equivalent will be collected and paid to Beaver Creek Metropolitan District. Usage Rate: $2.53 per thousand gallons of water. BERRY CREEK METROPOLITAN DISTRICT Base Charge: $11.94 per month, per single family equivalent. Usage Rate: $2.53 per thousand gallons of water. EAGLE-VAIL METROPOLITAN DISTRICT Base Charge: $11.94 per month, per single family equivalent, is Usage Rate: $2.53 per thousand gallons of water. I-," _Ff:C\AVVFNni\,\TAP1[FRWA. DOC A24 '/1/00 UPPER EAGLE REGIONAL WATER AUTHORITY ® EDWARDS METROPOLITAN DISTRICT Base Charge: $11.94 per month, per single family equivalent. Usage Rate: $2.53 per thousand gallons of water. SQUAW CREEK METROPOLITAN DISTRICT Base Charge: $11.94 per month, per single family equivalent. In addition, a surcharge of $20.50 per month per single family equivalent will be collected and paid to Squaw Creek Metropolitan District. Also, a surcharge of $2.00 per month per single family equivalent will be collected and paid to Edwards Metropolitan District. Usage Rate: $2.53 per thousand gallons of water. TOWN OF AVON Base Charge: $11.94 per month, per single family equivalent. In addition, a surcharge of $3.25 per month per single family equivalent will be collected and paid to the Town of Avon. Usage Rate: $2.53 per thousand gallons of water. 3. UNMETERED ACCOUNTS See individual District Appendices A. 4. FIRE HYDRANT METERING Fire hydrant meters are allowed to be used between April 15 and October 15, provided freezing at night is not occurring. The customer is responsible for any damage to fire hydrants or fire hydrant meters, which includes vandalism or freezing. A deposit in an amount determined by the District is required which is fully refundable, provided the meter is returned in good condition. A schedule of the fire hydrant meter deposits is available from the District. A $50.00 installation and removal charge, payable in advance, is required (non-refundable). The minimum billing shall be $51.50 per month, plus $3.55 per 1,000 gallons. Fire hydrant water shall not be used for drinking purposes at any time. If the water is to be used for lawn irrigation, the customer shall provide a backflow device. A relocate fee of $25.00 to move the fire hydrant meter from one fire hydrant to another is required. Only District personnel are allowed to move fire hydrant meters. Contractors will be subject to a penalty if they attempt to move or alter a fire hydrant meter. Short-term use of fire hydrant meters is allowed without a deposit. The cost to the customer is $30.00 per hour, plus $3.55 per 1,000 gallons. District personnel will be present the full time the fire hydrant meter is out in the field under the short term use. 5. WATER METERS The District shall provide and install the appropriate water meter required for new structures. The material and labor charges for this installation shall be added to the tap fee. A "pipe spool piece" having the same dimensions as the meter will be provided to the contractor to facilitate testing prior to the District's installation of the meter. 0 6. METER REPAIR Water meters will be repaired at the Authority's expense. F. \I5WSD?3CUSTRULEREGSVAPPENDIX\TAPUERWA.DOC A25 111/00 APPENDIX A EAGLE RIVER WATER & SANITATION DISTRICT SCHEDULE OF FEES AND CHARGES EFFECTIVE: JANUARY I, 2000 WATER RESIDENTIAL USES Single Family Equivalent Unit (SFE) for Service Billing: Any multiple living unit with at least one bathroom and a kitchen facility with up to 3,000 square feet of living area. Square footage over 3,000 square feet will result in a proportionate increase in monthly service fees. A kitchen facility is a cooking area that includes a cooktop having more than two burners and a conventional oven or range. Examples: Residential Condominiums, Townhouses, Apartments, Duplexes, Triplexes, Lock-Off Apartments, etc. A licensed architect must certify the square footage calculation used on the Water Tap Fee Application. 2. WATER TAP FEE CALCULATION: $2.55 per square foot of living space. Area is calculated based on gross residential floor area, plus unfinished area; the measurement of outside walls including concrete basements, but excluding garages, attics, and multi-unit common space. 3. EXPANSION/REMODEL EXISTING RESIDENTIAL UNITS Each existing residential unit within the District less than 3,000 gross square feet may increase the size of the unit to 3,000 square feet without additional tap fee assessment. Any additions over 3,000 square feet will be assessed an additional tap fee. The term "existing residential units" shall refer to those residential units in existence prior to January 1, 1987. Existing residential units larger than 3,000 square feet will be assessed an additional tap fee for any additions exceeding the existing square footage. WATER COMMERCIAL INDUSTRIAL AND IRRIGATION USES Commercial, industrial and irrigation use may be on a separate master meter, or, for mixed uses, may be on the same meter as the Residential/Hotel units, if the owner pro-vides the District with an engineer's or architect's assessment of the meter size necessary to serve the commercial, industrial, and irrigation fixtures involved. The District will consider this assessment in the District's determination of appropriate meter size. UNITS BASED ON EQUIVALENT *METER SIZE TAP FEE 1.5 3/4" $ 8,195 2.6 V $ 14,205 5.8 1-1/2" $ 31,689 10.3 2" $ 56,275 23.0 3" $125,663 40.9 4" $223,462 92.1 6" $503,200 All taps above 6" are to be negotiated. The District recommends that each 2" commercial meter have a bypass installed. The District requires that each commercial meter which is 3" or larger have a bypass installed. ?....wcn„r. cr.nn vocrc.. oocwmmrn oeowen nrv AM I/1/00 EAGLE RIVER WATER & SANITATION DISTRICT *Meter size is determined by the fixture count assessment as per the Uniform Plumbing Code. 5. WATER METERS The District shall provide the appropriate water meter required for new structures. 6. METER REPAIR Water meters will be repaired at the District's expense. SERVICE CHARGES Water service charges are billed monthly, in arrears. FOR METERED WATER ACCOUNTS: Minimum: Dwelling Unit: Any living unit with a kitchen facility up to 3,000 square feet is equal to one SFE. The minimum monthly charge is $5.46 per month, per Single Family Equivalent unit, for the first 3,000 gallons of water. Larger units will be charged a proportionately greater minimum monthly charge which will include proportionately more water. Efficiency Room: A single room with a bathroom and a kitchen facility is equal to .50 SFE. The minimum monthly charge is $2.73 per month, for the first 1,500 gallons of water. Accommodation Rooms (with or without a bathroom, but without a kitchen facility) Unit with private access to a central corridor or the outside are equal to .35 SFE. The minimum monthly charge is $1.91 per month for the first 1,050 gallons of water. Excess Use Rate: For metered consumption above the minimum, the excess use rate is $1.82 per thousand gallons of water, per month. FOR UNMETERED ACCOUNTS: Accounts with broken meters, or unmetered accounts, shall be charged the rate of $75.00 per single family equivalent per month. NEW CONSTRUCTION: For new construction, service charges will be based on the unmetered rate, until January of the following year. 8. SEWER RESIDENTIAL DWELLING UNIT/HOTEL/LODGE/MOTEL UNITS SEWER TAP FEE CALCULATION: $1.49 per square foot of living space. Area is calculated based on residential floor area; the measurement of outside walls including concrete basements, but excluding garages, attics, and multi-unit common space. Applicant shall be required to obtain a letter from the Architect or the Property Owner certifying the size of the building using the District's definition. F: \I 5WSDUCUST\RULEREGSWPENDI XITAP ER W SD. DOC A27 I/1/00 EAGLE RIVER WATER & SANITATION DISTRICT SQUAW CREEK METROPOLITAN DISTRICT ONLY Additional $1,500 per building incremental Sewer Tap Fee to go to Squaw Creek Metropolitan District for any sewer taps located within the Squaw Creek/Cordillera Metropolitan District. 9. EXPANSION/REMODEL TO EXISTING RESIDENTIAL UNITS Each existing residential unit within the District less than 3,000 gross square feet may increase the size of the unit to 3,000 square feet without additional tap fee assessment. Any additions over 3,000 square feet will be assessed an additional tap fee. The term "existing residential units" shall refer to those residential units in existence prior to January 1, 1987. 10. MOBILE HOMES TAP FEE CALCULATION: $1.49 per square foot based upon the largest mobile home which can be accommodated. 11. SEWER COMMERCIAL INDUSTRIAL AND IRRIGATION USES Commercial, industrial and irrigation uses may be on a separate master meter, or, for mixed uses, may be on the same meters as the Residential/Hotel units, if the owner provides the District with an engineer's or architect's assessment of the meter size necessary to serve the commercial, industrial, and irrigation fixtures involved. The District will consider this assessment in the District's determination of appropriate meter size. UNITS EQUIVALENT BASED ON *METER SIZE SEWER TAP FEE 1.5 3/4" $ 5,123 2.6 1" $ 8,878 5.8 1-1/2" $ 19,806 10.3 2" $ 35,173 23.0 3" $ 78,540 40.9 4" $139,664 92.1 6" $314,500 All taps above 6" are to be negotiated. *Meter size is determined by the fixture count assessment as per the Uniform Plumbing Code. NOTE 1: All commercial and/or industrial wastewater users will be required to pretreat their effluent if their discharge does not meet domestic standard and/or falls under the Federal Classification of Hazardous Waste. NOTE 2: Squaw Creek Metropolitan District does not permit a 3/4" meter, however, if an engineer's or architect's assessment of fixtures indicates a 3/4" meter would be appropriate for a commercial use the sewer tap shall be for a 3/4" meter. 12. SERVICE CHARGES Service charges are billed monthly, in arrears. FOR METERED SEWER ACCOUNTS: Minimum: The minimum monthly charge is $17.77 per month, per metered account, for the first 5,000 gallons of water. F.A 15 W SDA3CUST\RULER.EGSW PPENDIX\TAPERWSD, DOC A28 I/1/00 EAGLE RIVER WATER & SANITATION DISTRICT UsaEe Charee: A usage charge of $3.55 per 1,000 gallons will be made for metered water consumption during the winter months (January through April billing periods). The service charge for the remaining eight (8) months of the year will be the average of the January through April bills. FOR UNMETERED SEWER ACCOUNTS: A flat rate monthly charge is $26.68 per single family equivalent. NEW CONSTRUCTION: For new construction, service charges will be based on the unmetered rate, until January of the following year. 13. FIRE HYDRANT METERS Polic : Fire hydrant meters are allowed to be used between April 15 and October 15, provided freezing at night is not occurring. The customer is responsible for any damage to fire hydrants or fire hydrant meters, which includes vandalism or freezing. A deposit in an amount determined by the District is required which is fully refundable, provided the meter is returned in good condition. A schedule of the fire hydrant meter deposits is available from the District. A $50.00 installation and removal charge, payable in advance, is required (non- refundable). The minimum billing shall be $51.50 per month, plus $3.55 per 1,000 gallons. Fire hydrant water shall not be used for drinking purposes at any time. If the water is to be used for lawn irrigation, the customer shall provide a backflow device. A relocate fee of $25.00 to move the fire hydrant meter from one fire hydrant to another is required. Only District personnel are allowed to move fire hydrant meters. Contractors will be subject to a penalty if they attempt to move or alter a fire hydrant meter. Short-term use of fire hydrant meters is allowed without a deposit. The cost to the customer is $30.00 per hour, plus $3.55 per 1,000 gallons. District personnel will be present the full time the fire hydrant meter is out in the field under the short term use. F\ 15 W SDUCUST\RULEREGSVAPPENDIX\TAPER W S D.DOC A29 I11/00 r ? X ?A A 1 • M,j,emo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Scott Wright, Finance Directo()?? Date: May 18, 2000 Re: Resolution 00-25, Supplement to Lease Purchase Agreement Summary: This resolution adopts a Supplement to the 1999 Master Lease-Purchase Agreement with Norwest Investment Services, Inc. Previous Council Action: Council previously approved through Ordinance the 1999 Master Lease-Purchase Agreement. Discussion: This supplement is for the purchase of a pickup for the parks division and a shop truck for the fleet maintenance division. The remaining items for 2000 that were budgeted to be purchased from lease proceeds are the 800 MHz radios and rolling stock and equipment for the Fire Department. These items will be included on subsequent supplements. Financial Implications: The amount of the supplement is $56,260 to amortized over a period of 5 years at an interest rate of 6.25%. Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: Attachments: A - Resolution 00-25 B -1999 Governmental Lease-Purchase Agreement and Supplement Page 1 RESOLUTION NO. 00-25 RESOLUTION AUTHORIZING THE USE OF A PREVIOUSLY A APPROVED GOVERNMENTAL LEASE-PURCHASE MASTER AGREEMENT DATED MAY 19,1999 AND APPROVING A SUPPLEMENT THERETO AND RELATED DOCUMENTS AND CERTIFICATES WHEREAS, the Town of Avon has entered into a governmental lease-purchase master agreement dated May 19, 1999 for the purchase of certain municipal equipment; and WHEREAS, the Town, in it's 2000 budget has appropriated funds for the purchase of municipal equipment; and WHEREAS, the Town desires to use capital lease financing for the purchase of certain items of equipment. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Supplement attached to the previously approved Governmental Lease- Purchase Master Agreement (the "Agreement" or the "Master Lease") with Norwest Investment Services, Inc. dated May 19, 1999 is hereby approved substantially in the form presented to this Council and on file in the office of the Town Clerk. Section 2. The Finance Director of the Town of Avon is hereby authorized to execute this Supplement thereto on behalf of the Town, and to execute such other certificates and documents. as may be necessary and appropriate to effectuate the transactions contemplated by the Agreement and said Supplement. The Agreement, the Supplement and the related documents may contain such necessary and appropriate variations, omissions and insertions as the Finance Director shall determine to be necessary, and the execution thereof by the Finance Director shall be conclusive evidence of such determination and its approval by the Council. Section 3. Lessee does not reasonably anticipate that it will issue tax-exempt obligations (not including "private activity bonds" as defined in Section 141 of the Internal Revenue Code of 1986, as amended) in an aggregate amount in excess of $10 million during the calendar year in which the Lease commences. The Lease is designated as a qualified tax-exempt obligation for the purposes of Section 265(b)(c) of the Internal Revenue Code of 1986, as amended, relating to deductibility of interest by financial institutions. ADOPTED this 23`d day of May, 2000. TOWN OF AVON, COLORADO I L Judy Yoder, Mayor ATTEST: C] Kris Nash, Town Clerk 11 11 • GOVERNMENTAL LEASE - PURCHASE MASTER AGREEMENT Name and Address of Lessee: Lessor: Town of Avon Norwest Investment Services, Inc. 400 Benchmark Road Norwest Public Finance Department Avon, Colorado 81620 1740 Broadway, 2"d Floor Denver, Colorado 80274-8733 1. LEASE. Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the personal property described in a Supplement or Supplements to this Master Lease from time to time signed by Lessor and Lessee upon the temrs and conditions set forth in the related Supplement (such property together with all replacements, repairs and additions incorporated therein or affixed thereto being referred to herein as "Equipment" ). The lease of the items described in a particular Supplement shall be considered a separate lease pursuant to the terms of the Master Lease and the Supplement the same as if a single lease agreement containing such terms had been executed covering such items. The execution by Lessee of each Supplement shall evidence a determination by Lessee that the Equipment covered thereby is essential to its proper, efficient and economic operation and desires to enter into Supplement for the acquisition of that Equipment under the terms hereof, that the Equipment is necessary for the governments functions of Lessee, and that Lessor is neither the manufacturer nor a dealer or merchant of said Equipment, but has agreed to provide •he funding for and on behalf of Lessee for the acquisition of said Equipment under the terms hereof at the specific request of Lessee. 2. DELIVERY AND ACCEPTANCE. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate (herein so called) in the form to be provided by Lessor. 3. TERM. The term of this Lease with respect to each item of Equipment shall begin on the date it is accepted by Lessee and shall continue from the rent commencement date shown in the related Supplement unless earlier terminated as provided herein. The rent commencement date is the Acceptance Date as recorded on the Acceptance Certificate. 4. RENT. Lessee shall pay as basic rent for the full term of this Lease the amount shown in the related Supplement as Total Rent, and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit "A" attached to the related Supplement sets forth the interest component of each rent payment during the term. The Total Rent shall be payable in installments each in the amount of the basic rental payment set forth in the related Supplement plus any applicable sales and use tax thereon. Lessee shall pay rent in installments as shown in the Related Supplement. Except as specifically provided in Section 5 hereof, the rental payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counter claim or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all rent payments during the term of the Lease and hereby covenants that it will do all things lawfully within its power to obtain, maintain and properly request and pursue funds from which the rent payments may be made. The chief executive officer of the unit shall request the required appropriation from the governing board and exhaust all available administrative reviews and appeals in the event such portion of the budget is not approved. 5. NON-APPROPRIATION OF FUNDS. If Lessee periodically requests from its legislative body or funding authority funds to paid to Lessor under this Lease and, notwithstanding the making in good faith of such request in accordance with appTopr1W procedures and with the exercise of reasonable care and diligence, such legislative body or funding authority does not approve funds to 0 e paid to Lessor for the Equipment, Lessee may, upon prior written notice to Lessor effective 60 days after the giving of such notice b W r upon the exhaustion of the funding authorized for the then current appropriation period, whichever is later, return the Equipment to essor at Lessee's expense and thereupon be released of its obligation to make all rental payments to Lessor due thereafter, provided: ,(i) the Equipment is returned to Lessor freight prepaid and insured to any location in the continental United States designated by essor in the same condition as when first delivered to Lessee, reasonable wear and tear resulting solely from authorized use thereof xcepted, (ii) the foregoing notice states the failure of the legislative body or funding authority to appropriate the necessary funds as reason for cancellation, and (iii) the notice is accompanied by payment of all amounts then due to Lessor under this Lease. In the event Lessee returns the Equipment pursuant to the terms of this Section 5, Lessor shall retain all sums paid hereunder by Lessee, including any security deposit paid hereunder. To the extent permitted by law, if the provisions of this Section 5 are utilized by Lessee, Lessee agrees not to purchase, lease or rent equipment performing functions similar to those performed through the use of the Equipment, or to obtain from any source the services or information which the Equipment was to perform or provide, for the balance of the appropriation period following Lessee's exercise of its termination right hereunder. This Section 5 will not be construed so as to permit Lessee to terminate this Lease in order to acquire any other equipment or to allocate funds directly or indirectly to perform essentially the same application for which the equipment is intended. 6. REPRESENTATIONS AND WARRANTIES OF LESSEE. Lessee represents and warrants and, so long as this Lease is in effect or any part of Lessee's obligations to Lessor remain unfulfilled, shall continue to warrant at all times, that: (a) Lessee is a State, a Territory or a possession of the United States, the District of Columbia, or a political subdivision of any of the foregoing within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended, and Treasury Regulations and Rulings related thereto. If Lessee is incorporated, it is duly organized and existing under the Constitution and laws of its jurisdiction of incorporation and will do or cause to be done all things necessary to preserve and keep such organization and existence in full force and effect. (b) Lessee has been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of its governing body (which resolution, if requested by Lessor, is attached hereto) to execute and deliver this Lease and each Supplement and to cant' out its obligations hereunder. (c) All requirements have been met, and procedures have occurred in order to insure the enforceability of this Lease and essee has complied with such public bidding requirements, if any, as may be applicable to the transactions contemplated by this ease. (d) The Equipment will be used by Lessee only for the purpose of performing one or more governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity other than Lessee. (e) Lessee has funds available to pay rent until the end of its current appropriation period, and it will request funds to make payments in each appropriation period, from now until the end of the term of this Lease. (f) This Lease constitutes a valid, legal and binding obligation of Lessee enforceable against Lessee in accordance with the respective terms hereof. (g) This Lease is not an arbitrage bond for purposes of Section 148 of the Internal Revenue Code of 1986, as amended, and Lessor and its assigns are entitled to treat the interest portion of the payments to be made hereunder as exempt from federal income taxes under Section 103 (a) of the Internal Revenue Code of 1986, as amended. (h) Lessee shall maintain records relating to the Lessor and its assigns sufficient to comply with the registration requirements of Section 149(a) of the Internal Revenue Code of 1986, as amended. (i) Lessee does not reasonably anticipate that it will issue tax exempt obligations (not including "private activity bonds" as defined in Section 141 of the Internal Revenue Code of 1986, as amended) in an aggregate amount in excess of $10 million during the calendar year in which this Lease term commences, and this Lease is designated as a qualified tax exempt obligation for purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986 relating to deductibility of interest by financial institutions. 0 a "private activity bond" within the meaning of Section 141 of the Internal Reven (j) This Lease is not and shall not become Code of 1986, as amended. • (k) Lessee shall comply with all provisions of the Internal Revenue Code of 1986 which are necessary to preserve the tax exempt status of the interest component of the payments made and to be made under this Lease, including, without limitation, the investment and rebate provisions of Section 148, the prohibition against federal guaranties under Section 149 (b) and the infomnation reporting requirements of Section 149 (e). 7. WARRANTIES. Lessee agrees that it has selected each item of Equipment based upon its own judgment and disclaims any reliance upon any statements or representations made by Lessor. LESSOR MAKES NO WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESSED . OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT. Lessee agrees to make rental and other payments required hereunder without regard to the condition of the Equipment and to look only to persons other than Lessor such as the manufacturer, vendor or carrier thereof should any item of Equipment for any reason be defective. So long as no Event of Default has occurred and is continuing, Lessor agrees, to the extent they are assignable, to assign to Lessee, without any recourse to Lessor, any warranty received by Lessor. 8. TITLE. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in the Lessee; provided, however, that (i) upon the occurrence of an Event of Default, as that term is defined in Section 20 hereof, or (ii) in the event that the purchase option, if any, has not been exercised prior to the expiration date thereof, title will immediately vest in Lessor or its assignee. For as long as title to the Equipment vests in Lessee , Lessee at its expense shall protect and defend the title and keep it free of all claims and liens other than the rights of Lessee hereunder and claims and liens created by or arising through Lessor. The Equipment shall remain personal property regardless of its attachment to realty, and Lessee agrees to take such action at its expense as may be necessary to prevent any third party from acquiring any interest in the Equipment as a result of its attachment to realty. 9. SECURITY AGREEMENT; FURTHER ASSURANCES. To secure the performance of all Lessee's obligations hereunder, Lessees hereby grants to Lessor a security interest constituting a first lien on the Equipment and on all additions, attachments, repairs, eplacements and modifications thereto or therefor, including all after-acquired Equipment of Lessee, and on any proceeds therefrom. ?essee agrees to execute or deliver such additional documents, including, without limitation, financing statements, opinions of counsel, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain its security interest in the Equipment or for the confirmation or perfection of this Lease and Lessor's rights hereunder. Lessor is hereby authorized to file financing statements signed only by Lessor in accordance with the Uniform Commercial Code or signed by Lessor as Lessee's attorney in fact. 10. LAWS AND TAXES. Lessee shall comply with all laws and regulations relating to the Equipment and its use and shall promptly pay when due all sales, use, property, excise and other taxes and all license and registration fees now or hereafter imposed by any governmental body or agency upon the Equipment or its use or the rentals hereunder excluding, however, any taxes on or measured by Lessor's net income. Upon request by Lessor, Lessee shall prepare and file all tax returns relating to taxes for which Lessee is responsible hereunder which Lessee is permitted to file under the laws of the applicable taxing jurisdiction. 11. INDEMNITY. Lessee hereby indemnifies and agrees to save Lessor harmless from any and all liability and expense arising out of the ordering, ownership, use, condition or operation of each item of Equipment during the term of this Lease, including liability for death or injury to persons, damage to property, strict liability under the laws or judicial decisions of any state or the United States, and legal expenses in defending any claim brought to enforce any such liability or expense, but excluding any liability for which Lessee is not responsible under Section 10. 12. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not sell, assign, sublet, pledge, or otherwise encumber or permit a lien arising through Lessee to exist on or against any interest in this Lease or the Equipment or remove the Equipment from its location referred to above. Lessor may assign its interest in this Lease and sell or grant a security interest in all or any part of the equipment without Lessee's consent. Lessee agrees not to assert against any assignee of Lessor any claim or defense Lessee may haua? against Lessor. 13. INSPECTION. Lessor may inspect the Equipment at any time and from time to time during regular business hours. 11 04. REPAIRS. Lessee will use the Equipment with due care and for the purpose for which it is intended. Lessee will maintain the quipment in good repair, condition and working order and will furnish all parts and services required therefore, all at its expense. All such parts when furnished shall immediately become the property of Lessor and part of the Equipment for all purposes hereof. 05. LOSS OR DAMAGE. In the event any item of Equipment shall become lost, stolen, destroyed, damaged beyond repair or rendered permanently unfit for use for any reason, or in the event of condemnation or seizure of any item of Equipment, Lessee shall promptly pay Lessor (a) the amount of all rent and other amounts payable by Lessee hereunder with respect to such item due but unpaid at the date of such payment plus (b) the amount stated in the Supplement or an exhibit thereto as the Termination Balance included in Exhibit "A", plus (c) an amount equal to the applicable final purchase option price set forth in the Supplement or any exhibit thereto. Upon payment of such amount to Lessor, such item shall become the property of Lessee, Lessor will transfer to Lessee, without recourse or warranty, all of Lessor's right, title and interest therein, the rent with respect to such item shall terminate, and the basic rental payments on the remaining items shall be reduced accordingly. Lessee shall pay any sales and use taxes due on such transfer. Any insurance or condemnation proceeds received shall be credited to Lessee's obligation under this paragraph and Lessee shall be entitled to any surplus. 16. INSURANCE. Lessee shall obtain and maintain on or with respect to the Equipment at its own expense (a) liability insurance against liability for bodily injury and property damage with a minimum limit of $500,000 combined single limit and (b) physical damage insurance insuring against loss or damage to the Equipment in an amount not less than the full replacement value of the Equipment or the amount stated in the Supplement or an exhibit thereto as the Termination Balance. Lessee shall famish Lessor with certificate of insurance evidencing the issuance of a policy or policies to Lessee in at least the minimum amounts required herein, naming Lessor as an additional insured thereunder for the liability coverage and as loss payee for the property damage coverage. Each such policy shall be in such form and with such insurers as may be satisfactory to Lessor, and shall contain a clause requiring the insurer to give to Lessor at least 10 days prior written notice of any alteration in the terms of such policy or the cancellation thereof, and a clause specifying that no action or misrepresentation by Lessee shall invalidate such policy. Lessor shall be under no duty to ascertain the existence of or to examine any such policy or to advise Lessee in the event any such policy shall not comply with the requirement thereof. In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a letter or certificate to much effect. 7. RETURN OF THE EQUIPMENT. Upon the expiration or earlier termination of this Lease, unless all payments are made as escribed in the Supplement, the Lessee will immediately deliver the Equipment to Lessor in the same condition as when delivered to Lessee, ordinary wear and tear excepted, at such location within the continental United States as Lessor shall designate. Lessee shall pay all transportation and other expenses relating to such delivery. 18. ADDITIONAL ACTION. Lessee will promptly execute and deliver to Lessor such further documents and take such further action as Lessor may request in order to more effectively carry out the intent and purpose of this Lease, including the execution and delivery of appropriate financing statements to fully protect Lessor's interest hereunder in accordance with the Uniform Commercial Code or other applicable law. Lessee will famish, from time to time on request, a copy of Lessee's latest annual balance sheet and income statement. 19. LATE CHARGES. If any installment of basic rent is not paid when due or within 5 days thereafter, Lessor may impose a late charge of up to 5% of the amount of the installment but in any event not more than permitted by applicable law. Payments thereafter received shall be applied first to delinquent installments and then to current installments. 20. DEFAULT. Each of the following events shall constitute an "Event of Default" hereunder: (a) Lessee shall fail to pay when due any installment on basic rent; (b) Lessee shall fail to observe or perform any other agreement to be observed or performed by Lessee hereunder and the continuance thereof for 10 calendar days following written notice thereof by Lessor to Lessee; (c) any warranty, representation or statement made or furnished to Lessor by or on behalf of Lessee proves to have been false or misleading in any material respect; or (d) Lessee shall voluntarily file, or have filed against it involuntarily, a petition for liquidation, reorganization, adjustment of debt, or similar relief under the federal or state Bankruptcy Code or any other present or future federal or state bankruptcy or insolvency law, or a trustee, receiver, or liquidator shall be appointed of it or all of a substantial part of its assets. 21. REMEDIES. Lessor and Lessee agree that Lessor's damages suffered by reason of an Event of Default are uncertain and not pable of exact measurement at the time this Lease is executed because the value of the Equipment at the expiration of this Lease is Oncertain, and therefore they agree that for purposes of this Section 21 "Lessor's Loss" as of any date shall be the sum of the following: 0 the amount of all rent and other amounts payable by Lessee hereunder due but unpaid as of such date, plus (2) the amount state the Supplement or an exhibit thereto as the Termination Balance, plus (3) an amount equal to the applicable purchase price set forth in the Supplement. Wpon the occurrence of an Event of Default and at any time thereafter, Lessor may exercise any one or more of the remedies listed below as Lessor in its sole discretion may lawfully elect; provided, however, that upon the occurrence of an Event of Default specified in Section 20 (d), an amount equal to Lessor's Loss as of the date of such occurrence shall automatically be and become immediately due and payable without notice or demand of any kind. A. Lessor may, by written notice to Lessee, terminate this Lease and declare an amount equal to Lessor's Loss as of the date of such notice to be immediately due and payable, and the same shall thereupon be and become immediately due and payable without further notice or demand, and all rights of Lessee to use the Equipment shall terminate but Lessee shall be and remain liable as provided in this Section 21. Lessee shall at its expense promptly deliver the Equipment to Lessor at a location or locations within the continental United States designated by Lessor. Lessor may also enter upon the premises where the Equipment is located and take immediate possession of and remove the same with or without instituting legal proceedings. B. Lessor may proceed by appropriate court action to enforce performance by Lessee of the applicable covenants of this Lease or to recover, for breach of this Lease, Lessor's Loss as of the date Lessor's Loss is declared due and payable hereunder; provided, however, that upon recovery of Lessor's Loss from Lessee in any such action without having to repossess and dispose of the Equipment, Lessor shall transfer the Equipment to Lessee at its then location upon payment of any additional amount due under clause (C, D, E) below. C. In the event Lessor repossesses the Equipment, Lessor shall either retain the Equipment in full satisfaction of Lessee's obligation hereunder or sell or lease each item of Equipment in such a manner and upon such terms as Lessor may in its sole discretion determine. The proceeds of such sale or lease shall be applied to reimburse Lessor for Lessor's Loss and any additional amount due under clause (D, E) below. Lessee shall be entitled to any surplus and Lessee shall remain liable for any deficiency. For purposes of this subparagraph, the proceeds of any lease of all or any part of the Equipment by Lessor shall be the amount reasonably assign Lessor as the cost of such Equipment in determining the rent under such Lease. •D- Lessor may recover interest on the unpaid balance of Lessor's Loss from date it becomes payable until fully paid at a rate of 8% per annum E. Lessor may exercise any other right or remedy available to it by law or by agreement, and may in any event recover legal fees and other expenses incurred by reason of an Event of Default or to the exercise of any remedy hereunder, including expenses of repossession, repair, storage, transportation, and disposition of the Equipment. No remedy given in this section is intended to be exclusive, and each shall be cumulative but only to the extent necessary to permit Lessor to recover amounts for which Lessee is liable hereunder. No express or implied waiver by Lessor of any Event of Default shall constitute a waiver of any other Event of Default. 22. NOTICES. Any written notice hereunder to Lessee shall be deemed to have been given when delivered personally or deposited in the United States mails, postage prepaid, addressed to Lessee at its address set forth above or at such other address as may be last known to Lessor. 23. NET LEASE AND UNCONDITIONAL OBLIGATION. This Lease is a completely net lease and Lessee's obligation to pay the rent and amounts payable by Lessee under Sections 15 and 21 is unconditional and not subject to any abatement, reduction, setoff or defense of any kind except as expressly provided herein. 24. PREPAYMENT. This lease and any related Supplement may be prepaid in whole, but not in part, and on a regular payment date with forty-five (45) days written notice to Lessor, upon payment of the amount set forth as Termination Value on the Exhibit A attached to said Supplement. 25. NON-CANCELLABLE LEASE. This Lease cannot be canceled or terminated except as expressly provided herein. 26. SURVIVAL OF INDEMNITIES. Lessee's obligations under Sections 10 and 11 shall survive termination of this Lease. I 27. MISCELLANEOUS. Any provision of this Lease which is unenforceable in any jurisdiction shall, as to jurisdiction, be ineffective Wo the extent of such unenforceability without invalidating the remaining provisions of this lease, and any such unenforceability in any jurisdiction shall not render unenforceable such provision in any other jurisdiction. This Lease shall in all respects be governed by, and Jeonstrued in accordance with, the substantive laws of the state in which the Lessee is located. Dated: May 13, 1999 Lessee: Town of Avon; Avon, Colorado By: Its: Mayor Lessor: Nor ,,i?est Investp? en&?pt-vices, Inc. By: & . President • • • 6 t Norwest Investment Services, Inc. SUPPLEMENT TO MASTER LEASE Public Finance Division 1740 Broadway, MAC C7322-026 Denver, CO 80274 Name and address of Lessee: Town of Avon 400 Benchmark Road Avon, Colorado 81620 Supplement # 0900-003 This is a Supplement to the Governmental Lease-Purchase Master Agreement dated May 13, 1999 between Lessor and Lessee (the "Master Lease") and Supplement dated May 25, 2000. Upon the execution and delivery by Lessor and Lessee of this Supplement, Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to lease from Lessor, the Property described below upon the terms and conditions of this Supplement and the Master Lease. PROPERTY DESCRIPTION Quantity Serial Number 1 Vehicle 1 Vehicle Location of Property (if different from Lessee's address) SCHEDULE OF RENT PAYMENTS Basic Rental Number Of Advance Payments Payments Payments Rent commencement date: May 25, 2000 Term in months from rent commencement 60 months Rental payment period (check one) n Monthly [] Quarterly n Semi-annually ® Annually [] Other - see additional provisions Additional Provisions: $13,446.88 5 _ Interest Rate First Payment Due 6.25% 1 May 25, 2001 ANCE AMOUNT: $56,260.00 AL RENT: $67,234.40 -0- Final-P Purchase Option Price $1.00 11 LESSOR:Norwest Investment Services, Inc. LESSEE: Town of Avon, Colorado By By Its Senior Vice President its Date May 25, 2000 Date May 25, 2000 Y I • Memo To: Honorable Mayor and Town Council Thm: Bill Efting, Town Manager From: Ruth Borne, Community Development Date May 18, 2000 Re: Resolution No. 00-26, Master Deed Restriction Agreement - Grandview PUD and Development Standards - Lot 42, Block 1, Benchmark at Beaver Creek Summary: The Grandview PUD and Development Standards approved by Ordinance 99-4 required the owner of the property to execute a deed restriction agreement for the 12 employee housing units with the Town of Avon. Recommendation: Staff recommends approval of the Master Deed Restriction Agreement. E Town Manager Comments: %pA`? J . Attachment: Master Deed Restriction Agreement for Grandview Resolution No. 00-26 E TOWN OF AVON RESOLUTION NO. 00-26 SERIES OF 2000 A RESOLUTION APPROVING THE MASTER DEED RESTRICTION AGREEMENT FOR GRANDVIEW, LOT 42, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Grandview PUD Zoning and Development Plan for Lot 42, Block 1, Benchmark at Beaver Creek Subdivision (hereinafter referred to as "Grandview") approved by Ordinance 99-4 included 12 employee housing units with the condition that a deed restriction agreement be executed between the property owner and the Town of Avon; and E WHEREAS, the Master Deed Restriction Agreement (a copy of which is attached hereto and made a part hereof) complies with Ordinance 99-4 and the Grandview PUD and Development Standards; and WHEREAS, the Master Deed Restriction Agreement includes provisions for selling and leasing the 12 employee housing units, which shall constitute covenants running with the real property and shall be specifically enforceable by the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, The Master Deed Restriction Agreement for Grandview complies with Ordinance 99-4 and the Grandview PUD and Development Standards. 2. That the Town Council of the Town of Avon, Colorado does hereby approve the attached Master Deed Restriction Agreement for Grandview. ADOPTED THIS DAY OF 52000. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor n 11 ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney U r: • MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY, RENTAL, AND RESALE OF GRANDVIEW, LOT 42, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION THIS MASTER DEED RESTRICTION AGREEMENT (the "Agreement") is made 000 by the TOWN and entered into this day of 2 the owner of the OF AVON ("the Town") and James G. Tylich, property, hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant owns the real property described Lot 42, Block 1, Benchmark at Beaver Creek Subdivision. For purposes of the Agreement, the real property and all dwellings, appurtenances, improvements and fixtures associated therewith shall hereinafter be referred to as the "Property. WHEREAS, in accordance with Ordinance 99-4, the PUD Zoning and Development plan and standards were approved for the property for 12 employee housing units with the condition that a deed restriction agreement shall be executed between the property owner and The Town of Avon, to establish the deed restrictions; WHEREAS, Declarant intends to own the property for the purpose of renting the 12 units as employee housing units in accordance with the agreement and Ordinance 99-4 and the Grandview PUD and Development Standards; WHEREAS, this Agreement shall constitute covenants running with the real property, as a burden thereon, for the benefit of, and shall be specifically enforceable by, the Town, by any appropriate legal action including but not limited to specific performance, injunction, reversion or eviction of non-complying owners and/or occupants. WHEREAS, a "Unit" is any of the 12 units located on the Property. NOW THEREFORE, in consideration of the promises above and the terms and conditions set forth below, and for other good and valuable t receipt and erebyacknowledged, theDeclarentthereby uagrees, covenantshande hereby represents as follows: ARTICLE 1 GENERAL Declarant agrees that this agreement shall constitute a resale and rental agreement setting forth the maximum rentals that may be charged and/or the maximum sale price for which the Units may 1 be resold; Declarant agrees to restrict the Units against use and occupancy inconsistent with this Agreement. The use and occupancy of the Units shall henceforth be limited exclusively to housing for natural persons who meet the definition of Qualified Buyers and their families or for employees of an owner who is a Qualified Buyer and/or qualified renters. All occupants of the units must: a) occupy the Unit as their sole place of residence during the time that the Unit is owned or rented, except as specifically permitted under this Agreement; b) not engage in any business activity on or in such Unit, other than permitted in that zone district or by applicable ordinance; c) sell or otherwise transfer such Unit only in accordance with this Agreement; d) not sell or otherwise transfer such Unit for use in a trade or business; and e) not permit any use or occupancy of such Unit except in compliance with this Agreement. The Units shall be and are to be utilized only as the exclusive and permanent place of residence of any person occupying a unit other than guests of permanent residents. A permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, provided, such absence does not exceed a period of one year or such greater period of time as has been approved by the Town in writing for good cause, including hardship or other extenuating circumstances. In determining residency, the Town staff shall consider the following circumstances relating to the owner: business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse and children if any, location of personal and real property, and motor vehicle registration. All occupants, other than guests of permanent residents shall be employed a minimum of thirty hours per week in Eagle County or be an eligible retired or disabled person as defined hereinabove under "Qualified Buyer and Renters." In the event occupant changes domicile or ceases to utilize the Unit as his or her sole and exclusive place of residence, the Unit shall be offered for sale or rent pursuant to the provisions of this Agreement. Where the provisions of this Paragraph apply, the Town may require the Owner to rent the Unit in accordance with the provisions of Article 4 below. 2 r7l If at any time the Owner of an individual Unit (other than an owner who is an employer using the Unit for employee housing or an owner who owns the unit or units for the purpose of renting to tenants in compliance with this agreement), also owns any interest alone or in conjunction with others in any developed residential property or dwelling unit(s) located in Eagle County, Owner agrees to immediately list and actively market said other property or unit for sale and to sell owner's interest in such property at a sales price comparable to like units or properties in the area in which the property or dwelling unit(s) are located. In the event said other property or unit has not been sold by owner within one hundred eighty (180) days of its listing, then owner hereby agrees to immediately list this Unit for sale pursuant to the provisions of Paragraph 10 of this Agreement. It is understood and agreed between the parties hereto that, in the case of an Owner whose business is the construction and sale of residential properties or the purchase and resale of such properties, the properties which constitute inventory in such an owner's business shall not constitute "other developed residential property" or "dwelling unit(s)" as those terms are used in this Paragraph. ARTICLE 2 FOR SALE UNITS Declarant agrees to restrict the transfer of the Units to "Qualified Buyers," as defined as follows: a) An owner who occupies the Unit as his or her primary place of residence. b) An owner who is a full time employee working at least thirty hours per week in Avon or Eagle County, or a retired person who has been a full time employee in Avon or Eagle County a minimum of four years immediately prior to his or her retirement, or a person having a medical disability who has been a full time employee in Avon or Eagle County a minimum of two years immediately prior to his or her determination of disability, or the spouse or dependent of any such persons who resides with them. c) An owner whose household income does not exceed 120 percent of the Eagle County Median Family Income as determined by the Department of Housing and Urban Development guidelines or by the Town in the event such guidelines cease to be maintained by the Department ("the ECMFI"). d) An owner whose total current family net assets are not in excess of $250,000.00 ($360,000.00 for a retired person) or whose total current family net assets have not been in excess of $250,000.00 ($360,000.00 for a retired person) during the two years preceding if the same were transferred or disposed of to confer eligibility hereunder. The foregoing limitations shall annually be adjusted for inflation on the basis of the applicable Consumer Price Index. e) An owner who is a person or entity who owns the property 3 for the purpose of renting the units as employee housing in accordance with this agreement. ARTICLE 3 MAXIMUM SALE PRICE The initial maximum sales price for a 2 bedroom individual unit shall be $176,905.00 (based on affordability for a family at 100 percent of the Eagle County Median Family Income, with a 5 percent down payment, and adjusted for average mid-valley homeowner's fees). In the event that an Owner shall desire to sell a Unit, he or she shall deliver to the Town a Request to Sell, Exhibit "D" hereto. Upon receipt of written authorization from the Town to proceed, the owner may immediately advertise the Unit for sale to Qualified Buyers. In the case of re-sales, owner may engage a real estate broker, and the sale price shall then be adjusted upward to include a commission of not more than one percent of the sale price. Owner may accept any offer that is not greater than the maximum sale price as defined below; or Owner may reject all offers and retain ownership of the Unit. Prior to closing sale of the Unit, Owner shall provide evidence, in the form attached as Exhibit "E," to show that the Unit is being sold to a Qualified Buyer and for an amount not greater than the maximum sale price as defined herein. When more than one qualified buyer exists, the sale and resale of units shall be awarded based upon income, with the highest priority given to those with the lowest income. Preference will also be granted to persons either residing or working within the Town, and then to those working or living within Eagle County. The Town of Avon Community Development Director or designated representative shall approve all buyers and set the maximum sale price based upon this agreement. In no event shall a Unit be sold for an amount ("Maximum Sale Price") in excess of the maximum sales price outlined in this agreement, plus an increase of three percent (3%) of such price per year (non-compounded), from the date of purchase to the date of owner's notice of intent to sell (prorated at the rate of .25 percent for each whole month for any part of a year), plus the one percent commission permitted in section 5 and plus the amount permitted in section 7. The sale price of multiple units shall not exceed the sale price of the individual units times the number of units being sold in accordance with this paragraph and section 7 below. Allowance for Capital Improvements a. For the purpose of determining the Maximum Sale Price in accordance with this Section, the Owner may add to the amount specified in Paragraph 6 above, the cost of 4 Permitted Capital Improvements (as defined in Exhibit "B"). The amount for capital improvements shall not exceed ten percent (10 %) of the initial listed purchase price set forth in paragraph 6 above for an initial ten year period. For every ten year period, from the date of original purchase and deed restriction, another ten percent of the purchase price may be added to the value of the property for capital improvements. In calculating such amount, only those Permitted Capital Improvements identified in Exhibit "B" hereto shall qualify for inclusion. All such Permitted Capital Improvements installed or constructed over the life of the Unit shall qualify. b. Permitted Capital Improvements shall not include any changes or additions to the Unit made by the owner during construction, except in accordance with Paragraph 7a above. Permitted Capital Improvements shall not increase the base price, even if made or installed during original construction. CJ C. In order to qualify improvements as Permitted Capital Improvements, the Owner must furnish to the Town the following information with respect to the improvements, which the owner seeks to include in the calculation of maximum Sale Price: 1) Original or duplicate receipts to verify the actual costs expended by the owner for the Permitted Capital Improvements; 2) Owner's affidavit verifying that the receipts are valid and correct receipts tendered at the time of purchase; and 3) True and correct copies of any building permit or certificate of occupancy required to be issued by the Town of Avon Department of Community Development with respect to the Permitted Capital Improvements. d. For the purpose of determining the Maximum Sale Price in accordance with this Section, the Owner may also add to the amount specified in Paragraphs 6 and 7a, the cost of any permanent improvements constructed or installed as a result of any requirement imposed by any governmental agency or homeowners association, provided that written certification is provided to the Town of both the applicable requirement and the information required by Paragraph 7c, 1-3. e. In calculating the costs under Paragraphs 7a and 7d, 5 only the Owner's expenses shall be shall not include "sweat equity" or the improvements. actual out-of-pocket costs and eligible for inclusion. Such amount an amount attributable to Owner's to any appreciation in the value of Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the Owner to sell to such prospective buyer. In the event that title to a Unit vests by descent in individuals and/or entities who are not Qualified Buyers as that term is defined herein (hereinafter "Non-Qualified Transferee(s)") with the exclusion of an Owner renting to employees or other owner renting under the terms of this agreement, the Unit shall immediately be listed for sale, and the highest bid by a Qualified Buyer shall be accepted in accordance with the terms of this agreement establishing priority of the sale to buyer. a. Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Unit to a Qualified Buyer and shall execute any and all documents necessary to do so; and b. Non-Qualified Transferee(s) agree not to: 1) occupy the Unit; 2) rent the Unit, except in strict compliance with Paragraph 14 hereof; 3) engage in any other business activity on or in the Unit; 4) sell or otherwise transfer the Unit except in accordance with this Agreement; or 5) sell or otherwise transfer the Unit for use in a trade or business. C. The Town shall have the right and option to purchase the Unit, exercisable within a period of fifteen (15) calendar days after receipt of any sales offer submitted to the Town by a Non-Qualified Transferee(s), and, in the event of exercising its right and option, shall purchase the Unit from the Non-Qualified Transferee(s) for cash at the Maximum Sale Price, or the appraised market value, whichever is less. The offer to purchase shall be made by the Non-Qualified Transferee within fifteen (15) days of acquisition of the Unit. d. Where the provisions of this Paragraph 10 apply, the Town may require the Owner to rent the Unit in accordance with the provisions of Paragraph 14 below 6 ARTICLE 4-RENTAL OF UNITS Any rental units will be targeted to households earning between 50% and 80% of the Eagle County Median Family Income (ECMFI). a. Owner may rent the Unit consistent with this agreement and the zoning ordinances of the Town. Vacation rentals shall not be permitted. Prior to occupancy, any tenant must be approved by the Town as meeting the requirements of a Qualified Buyer established herein. The Town shall not approve any lease with a term less than thirty (30) days. A signed copy of the lease must be provided to the Town prior to occupancy by any tenant. b. Notwithstanding any other provision of this Agreement to the contrary, a business owner of the Units may rent the Units to employees or other qualified tenants meeting the requirements of a Qualified Buyer established herein. The amount of the rent, shall not exceed thirty percent of the In - average Eagle County household wages as reported by the 2000 Colorado Department of Labor and Employment. income data on file with Eagle County, the amount of rent shall not exceed $684.60 for a one-bedroom unit (based upon a one-wage earner household) and $1369.20 for a two-bedroom unit (based upon a two-wage earner household). The foregoing maximum amounts shall be adjusted annually based upon updated data on file with Eagle County. ARTICLE 5-BREACH OF CONTRACT Declarant further agrees that this agreement shall constitute a resale and rental agreement setting forth the maximum sale price for which the Units may be resold ("Maximum Sale Price") and the terms and provision controlling the resale of the Units and the maximum rents for units. a. It shall be a breach Agreement to default in making payments or obligations due or to be performed under a promissory note secured by a first deed of trust encumbering the Unit. Owner must notify the Town, in writing, of any notification received from a lender, or its assigns, of past due payments or default in making payments or performing other obligations due or to be performed under a promissory note secured by a first deed of trust, as described herein, within five calendar days of Owner's notification from lender, or its assigns, of said default or past due payments. 7 In the event that the Town has reasonable cause to believe the owner is violating the provisions of this Agreement, the Town, by its authorized representative, may inspect the Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner with no less than 24 hours written notice. The Town, in the event of a violation of this Agreement, shall send a notice of violation to the Owner detailing the nature of the violation and allowing the Owner thirty (30) days to cure. ARTICLE 7 REMEDIES There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall be entitled to recover damages and costs, including reasonable attorney's fees. In the event the Unit is sold and/or conveyed without compliance herewith, such sale and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported buyer. Each and every conveyance of a Unit, for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. In the event that the Owner fails to cure any breach, the Town may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a mandatory injunction requiring sale of the Unit by Owner as specified in Paragraphs 3, 10, 12, and 13. The costs of such sale shall be taxed against the proceeds of the sale with the balance being paid to Owner. In the event of a breach of any of the terms or conditions contained herein by the Owner, his or her heirs, successors or assigns, the Town's initial listed purchase price of the Unit as set forth in Paragraph 6 of this Agreement shall, upon the date of such breach as determined by the Town, automatically cease to increase as set out in Paragraph 6 of this Agreement, and shall remain fixed until the date of cure of said breach. ARTICLE 8 FORECLOSURE The Town, pursuant t Exhibit C, the terms by this reference as waive its ability to continued herein, in of a deed in lieu of o the Option to Buy attached hereto as of which are incorporated in this Agreement if fully set forth herein, shall release and enforce the resale deed restrictions the event of foreclosure or the acceptance foreclosure, provided that said Option to 8 Buy grants to the Town the option to acquire the Unit within thirty (30) days after the issuance of a public trustee's deed to the holder (including assigns of the holder) of the promissory note secured by a first deed of trust for an option price not to exceed the redemption price on the last day of all statutory redemption period(s) and any additional reasonable costs incurred by the holder during the option period which are directly related to the foreclosure. In the event that the Town exercises the option pursuant to the terms of that certain Option to Buy, described above, the Town and/or its designee, may sell the Unit to Qualified Buyers as that term is defined herein, or rent the Unit according to paragraph 14 until such time that the Unit can be sold to a Qualified Buyer in accordance with this Agreement. ARTICLE 9 GENERAL PROVISIONS Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To Declarant: To the Town: Town Manager Town of Avon P.O. Box 975 Avon CO 81620 To Owner: To the address shown in the deed to each Unit. _Exhibits. All exhibits attached hereto (Exhibits "A," "B," "C, "D", "E and "F") are incorporated herein and by this reference made a part hereof. Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited 9 under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such documents. Choice of Law. This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. Successors. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience or reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. Personal Liability. Owner agrees that he or she shall be personally liable for any of the transactions contemplated herein. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this agreement or any agreement or document relating hereto or entered into in connection herewith. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Eagle County, Colorado. Notwithstanding the foregoing, the Town reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair the Owner's rights nor any lender's rights under this Agreement. Owner and Successors. The term "Owner" shall mean the person or persons who shall acquire an ownership interest in a Unit in compliance with the terms and provisions of this Agreement; it being understood that such person or persons shall be deemed an 10 "Owner" hereunder only during the period of his or her ownership interest of a Unit and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. This Agreement shall therefore be deemed a covenant running with the land and shall bind the parties, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. DECLARANT: By:_ Its: STATE OF COLORADO ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of 2000, by as of Witness my hand and official seal. My commission expires: Notary Public ACCEPTANCE BY THE TOWN OF AVON The foregoing Master Deed Restriction Agreement and its terms are hereby adopted and declared by the Town of Avon. TOWN OF AVON By: Its E C 11 0 STATE OF COLORADO COUNTY OF EAGLE this by _ as ss. The foregoing instrument was acknowledged before me day of , 2000, of the Town of Avon. Witness by hand and official seal. My commission expires: Notary Public I?'1 ?J 11 12 11 EXHIBIT "A" Lot 42, Block 1, Benchmark at Beaver Creek Subdivision, Avon, Colorado L' 13 EXHIBIT "B" Permitted Capital Improvements 1. The term "Permitted Capital Improvement" as used in the Agreement shall include only the following: a. Improvements or fixtures erected, installed or attached as permanent, functional, non-decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; b. Improvements for energy and water conservation; C. Improvements for health and safety protection devices; d. Improvements to add and/or finish permanent/fixed storage space; and/or e. Improvements to finish unfinished space. 0 2. Permitted Capital Improvements as used in this Agreement shall NOT include the following: a. Upgrades/replacements of appliances, plumbing and mechanical fixtures, carpets and other similar items included as part of the original construction of the unit; b. The cost of adding decks and balconies and any extensions thereto; C. Jacuzzis, saunas, steam showers and other, similar, items, d. Improvements required to repair, replace and maintain existing fixtures, appliances, plumbing and mechanical fixtures, painting, carpeting and other, similar, items; and/or e. Upgrades or addition of decorative items, including lights, window coverings and other similar items. 3. All Permitted Capital Improvement items and costs shall be approved by the Town staff prior to being added to the Maximum Sale Price as defined in the Agreement. 14 11 EXHIBIT "C" OPTION TO BUY In the event of a foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on a deed restricted dwelling unit within Grandview, Lot 42, Block 1, Benchmark at Beaver Creek Subdivision(hereinafter "the Property") and subject to the issuance of a public trustee's deed to the holder following the expiration of all statutory redemption rights, the Town of Avon ("the Town") shall have the option to buy the Unit which shall be exercised in the following manner: a. Notice. The holder shall give such notice to the Town as is required by law in the foreclosure proceeding. Said notice shall be sent by certified mail, return receipt requested, and addressed as follows: Town Manager Town of Avon P.O. Box 975 Avon CO 81620 b. Option to Buy. The Town shall have 30 days after issuance of the public trustee's deed in which to exercise this option to Buy by tendering to the holder, in cash or certified funds, an amount equal to the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any additional reasonable costs incurred by the holder during the option period which are directly related to the foreclosure. c. Title. Upon receipt of the option price, the holder shall deliver to the Town a special warranty deed, conveying the Unit to the Town. The holder shall convey only such title as it received through the public trustee's deed and will not create or participate in the creation 15 of any additional liens or encumbrances against the unit following issuance of the public trustee's deed to the holder. The holder shall not be liable for any of the costs of conveyance to the Town or its designee. d. Release. In the event that the holder is issued a public trustee's deed and the Town does not exercise the Option to Buy, as provided herein, the Town shall cause to be recorded in the records of the Clerk and Recorder of Eagle County a full and complete release. Such release shall be placed of record within 14 days after demand therefor by the holder following expiration of the option and a certified copy of the release shall be mailed to the holder upon its recordation. e. Perpetuities Savings Clause. If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this option to Buy shall be unlawful or void for violation of: (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the current duly elected and seated Town Council of the Town of Avon, Colorado, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. f. Successors and Assigns. Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties hereto. g. Modifications. The parties hereto agree that any modification to this Option to Buy shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Eagle County, Colorado. E 16 EXHIBIT "D" REQUEST TO SELL Town Planner Town of Avon P.O. Box 975 Avon CO 81620 RE: Resale of Unit , Grandview, Lot 42, Block 1, Benchmark at Beaver Creek Subdivision Dear Town Planner: This letter is my request to sell Unit , with a closing date of I have estimated the maximum sales price, as calculated below in accordance with the terms of the Master Deed Restriction Agreement for the occupancy and resale of Purchase price of unit $ Allowed 3% per annum based on months ownership Condominium assessments (specifically assigned to unit for common area improvements) Property improvements (itemize below) One percent real estate sales commission Maximum Sale Price Sincerely, Owner APPROVED: TOWN OF AVON By: Title: 17 C7 STATE OF COLORADO Affidavit of Purchaser E 11 COUNTY OF EAGLE EXHIBIT "E" ss. being duly sworn upon his/her oath, deposes and says, under penalty of perjury, that: 1. He/she has entered into a contract to Town of Avon, Eagle and State of Colorado for a sale price of $_ 2. He/she is purchasing the Unit to occupy it as his/her primary place of residence. He/she will not engage in any business activity in the Unit, other than that permitted in the applicable zone district or by applicable ordinance, and will not transfer the Unit for use in a trade or business. 3. His/her income does not exceed percent of the Eagle County Median Family Income. Attached hereto is a copy of his/her federal tax return for the tax year immediately prior hereto. 4. He/she is a full time employee working at least thirty hours per week in Avon or Eagle County, or a retired person who has been a full time employee in Avon or Eagle County a minimum of four years immediately prior to his or her retirement, or a person having a medical disability who has been a full time employee in Avon or Eagle County a minimum of two years immediately prior to his or her determination of disability, or the spouse or dependent of any such persons who resides with them. 5. His/her total current family net assets are not in excess of $250,000.00 ($360,500 for a retired person) and have not been in excess of $250,000.00 ($360,500.00 for a retired person) during the two years preceding if the same were transferred or disposed of to confer eligibility for purchase of the Unit. 6. He/she states that he/she has received a copy of and will abide by the terms and conditions of the Master Deed Restriction Agreement for the Occupancy and Resale of Grandview, Lot 42, Block 1, Benchmark at Beaver Creek Subdivision. purchase Unit County of 18 DATED the day of 0 The foregoing was subscribed and sworn to before me, the undersigned Notary Public, on the day of , by My commission expires: Witness my hand and seal. Notary Public r- 19 C E STATE OF COLORADO COUNTY OF EAGLE EXHIBIT "F" Affidavit of Lessee ss. being duly sworn upon his/her oath, deposes and says, under penalty of perjury, that: 1. He/she has entered into a contract to rent Unit Grandview, Lot 42, Block 1, Benchmark at Beaver Creek, Town of Avon, County of Eagle and State of Colorado in the amount of a $ per month. 2. He/she is renting the Unit to occupy it as his/her primary place of residence. He/she will not engage in any business activity in the Unit, other than that permitted in the applicable zone district or by applicable ordinance. 3. His/her income does not exceed 120 percent of the Eagle County Median Family Income $ Attached hereto is a copy of his/her federal tax return for the tax year immediately prior hereto. 4. He/she is a full time employee working at least thirty hours per week in Avon or Eagle County, or a retired person who has been a full time employee in Avon or Eagle County a minimum of four years immediately prior to his or her retirement, or a person having a medical disability who has been a full time employee in Avon or Eagle County a minimum of two years immediately prior to his or her determination of disability, or the spouse or dependent of any such persons who resides with them. 5. His/her total current family net assets are not in excess of $230,000.00 ($360,500 for a retired person) and have not been in excess of $250,000.00 ($360,500.00 for a retired person) during the two years preceding if the same were transferred or disposed of to confer eligibility for purchase of the Unit. 6. He/she states that he/she has received a copy of and will abide by the terms and conditions of the Master Deed Restriction Agreement for the Occupancy and Resale of Grandview, 20 Y Lot 42, Block 1, Benchmark at Beaver Creek Subdivision. 0 7. A copy of the draft lease is attached hereto, with the monthly lease rate filled in. DATED the day of The foregoing was subscribed and sworn to before me, the undersigned Notary Public, on the day of , by My commission expires: Witness my hand and seal. Notary Public C n 21 • Memo To: Honorable Mayor and Town Council Thtu: Bill Efting, Town Manager From: Ruth Borne, Community Development >!Y' ??`---- Date May 18, 2000 Re: Resolution No. 00-27, Grandview PUD and Development Standards Lot 42, Block 1, Benchmark at Beaver Creek - Temporary Easement Summary: The Grandview PUD and Development Standards approved by Ordinance 99-4 required the owner of the property to obtain a Temporary Easement from the Town for the use of Tract B, Block 1, Benchmark at Beaver Creek Subdivision for grading and construction of retaining walls. The easement is necessary for the owner to construct the 12-unit employee housing project. Recommendation: Staff recommends approval of the Temporary Easement with the owner of the Grandview property. Town Manager Comments -?- Lcrs c a ??a ? v c s o , CaKcw be?,ti.se Attachment: Temporary Easement Resolution No. 00-27 u TOWN OF AVON RESOLUTION NO. 00-27 SERIES OF 2000 A RESOLUTION APPROVING THE TEMPORARY EASEMENT FOR GRANDVIEW, LOT 42, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Grandview PUD Zoning and Development Plan for Lot 42, Block 1, Benchmark at Beaver Creek Subdivision (hereinafter referred to as "Grandview") approved by Ordinance 99-4 included a condition that a temporary access agreement be executed between the property owner and the Town of Avon; and • WHEREAS, the Temporary Easement (a copy of which is attached hereto and made a part hereof) complies with Ordinance 99-4 and the Grandview PUD and Development Standards; and 0 WHEREAS, the Temporary Easement authorizes the property owner of Grandview to access a portion of the Town of Avon's property, known as Tract B, Block 1, Benchmark at Beaver Creek Subdivision and described therein as the."Easement Area" for the purposes of temporary construction access, slope contouring and grading and slope maintenance, including entering upon said Easement Area to grade, level, fill, drain, pave, build, maintain and construct retaining walls. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, 1. The Temporary Easement for Grandview complies with Ordinance 99-4 and the Grandview PUD and Development Standards. 2. That the Town Council of the Town of Avon, Colorado does hereby approve the attached Temporary Easement for Grandview. ADOPTED THIS DAY OF , 2000. TOWN COUNCIL TOWN OF AVON, COLORADO ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney Judy Yoder, Mayor 11 TEMPORARY EASEMENT THIS GRANT OF EASEMENT made and entered into this day of , 2000, by and between TOWN OF AVON, a municipal corporation, whose address is P. 0. Box 975, Avon, Colorado 81620 (hereinafter referred to as the "Grantor"), and whose address is: Box 85, Avon, Colorado 81620 (hereinafter referred to as the "Grantee"); WITNESSETH THAT: For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor by these presents does hereby grant unto the Grantee, its successors and assigns, a non-exclusive easement for property known as Tract B, Block 1, Benchmark at Beaver Creek Subdivision, which is limited to: Fifteen feet (15'0") of the northerly common property line between Lot 42, Block 1, Benchmark at Beaver Creek Subdivision and Lot B, Benchmark at Beaver Creek Subdivision and Twenty feet (2010") from the westerly common property line between Lot 42, Block 1, Benchmark at Beaver Creek Subdivision and Lot B, Benchmark at Beaver Creek Subdivision, described on Exhibit "A" attached hereto and incorporated herein, (hereinafter referred to as "Easement Area") for the purposes of temporary construction access, slope contouring and grading and slope maintenance, including entering upon said Easement Area to grade, level, fill, drain, pave, build, maintain and rebuild a retaining wall, in accordance with plans approved by Grantor, adjacent to the said Easement Area. At the time of final landscaping, Grantee shall cause the Easement Area to be restored to the same condition as it was prior to construction work subject to approval by the Town of Avon. The Grantee shall in the future maintain the Easement Area and the retaining wall to the satisfaction of the Grantor. This easement is for the benefit of and appurtenant to that land described as Lot 42, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. This easement shall be used so as not to interfere with the rights of public utilities having easements or rights-of-way, either in existence or of record. Grantee, for itself, its successors and assigns, agrees that it will repair and maintain the Easement Area at its own cost and expense. Grantor shall have the right to use and occupy the Easement Area for any purpose not inconsistent with Grantee's full enjoyment of the rights hereby granted. Any liability for injury to person or property of Grantor, its employees, agents and invitees, or of any third persons, as a result of or arising out of or relating to the use or occupancy of the Easement Area by Grantee shall be borne by Grantee. Further, Grantee agrees to indemnify, defend, and hold harmless Grantor, its successors and assigns, against any claims for 11 loss or damage which should result from, arise out of or be attributable to the use of the Easement Area. GRANTOR: Town of Avon, Colorado Town Council Judy Yoder, Mayor STATE OF COLORADO COUNTY OF EAGLE ss. The foregoing instrument was acknowledged before me this , 2000, by Judy Yoder, Mayor, Avon Town Council. My commission expires: Witness my hand and official seal. GRANTEE: Notary Public James G. Tylich C] STATE OF COLORADO COUNTY OF EAGLE ss. The foregoing instrument was acknowledged before me this 2000, by James G. Tylich. My commission expires: Witness my hand and official seal. day of day of Notary Public Z)",(y ?ed'icatiasc METRO FIRE TRAINING CENTER xic4u`Ledge MFTC Rental Confirmation Letter May 2, 2000 Chief John McCauley Avon Fire Department PO Box 7980 Avon, CO 81620 Dear Chief McCauley, I would like to take this opportunity to thank you for choosing the Metro Fire Training Center for your Burn Building Training session. I would like to confirm your reservation for use of the Burn Building on the following date: May 13, & 14, 2000, 8:00 a.m. to 5:00 p.m. You will find attached the enclosed Rental Agreement which includes Item B: Copy of Rental Agreement to be signed and returned to MFTC and Item C: Copy of Rental Agreement for your department records. The following Instructors/Safety Officers have been assigned to assist you during your training session and will contact you to assist you in developing a lesson plan and or to make any necessary preparations for the session: ® Instructor/Safety Officers: May 13, 2000- Roland Seno Home: 303-791-0209 Work: 303-795-3977 LFD 15 "C" May 14, 2000- Bob Smith Hume; 303-288-30"- Work, 303 773 8282 SN4FR Trai Please feel free to contact your Instructor/Safety Officer if you should have any questions. For your information you will be billed by MFTC for the facility use on the day of rental. The Instructor/Safety Officer will provide a separate billing. The Metro Fire Training renter reserves the right to cancel any training sessions due to weather or pollution concerns. It is the policy of the Metro Fire Training Center to cancel all burn building training sessions when a Red Alert Pollution Advisory is issued. This advisory is issued November 1, to March 31, for the next 24 hours at 4 p.m. of each day. The information for the advisory is available at 4:20 p.m. each day. The MFTC Director will notify the department scheduled for training when a Red Alert Advisory is issued. If a Red Alert Advisory is issued for the scheduled day of Burn Building Rental the renting department may reschedule a session at a later date or use other drill ground space if available for other training. Thank you again for choosing the Metro Fire Training Center! Please feel free to contact me at 303-798-3558 if you have any questions or need any assistance. ,y, /)?; le uindon MFTC Director (e 2301 West Chenango Avenue • Littleton, Colorado 80120 • (30a) 798-3558 ITEM B 7 Metro Fire Training Center Facility Rental Agreement and Confirmation Date: Name of Department, Agency or Organisation: Address: d o - eJ Contact Name: TA ; r ?- ?-- c' /O- Phone Number: ¢7y-7- if - I C 25 470 This is to confirm your reservation to rent the following MFTC facilities: (rurnBuilding to be used) Classroom/s Drill.Ground SCBA Maze and Trailer LPG Training Site Other: Rental Fee Total Amount Due: -x::5 d ?G' (Sv1 Date/s to be used: The following Safety Officer/ Instructor has been assigned for your training session/s: Name of Safety Officer/ Instructor: 3 S ` Phone Number/s: g'7- '7R' oa oc, ?Z 2 2.5--x7? C- -O ?s .X73-$2dof ow.rG1 0"V, Your assigned Safety Officer/ Instructor will contact you to develop a lesson, plan and to make preparations for your training session. If you are not contacted by your instructor a few days prior to the training session please feel free to contact the MFTC Director at 303-798-3558 for assistance. The Metro Fire Training Center is committed to providing professional and quality fire service training. Your satisfaction is our goal. Our desire is to serve the departments and agencies using the MFTC facilities with trained and qualified instructors. In the event a department or agency is not satisfied with the quality of instruction received during a training session MFTC will provide a additional complementary training session. In order to assure that MFTC continues to meet the high standards required by our profession, we constantly evaluate the quality of our instruction to outside departments and agencies. Each department and agency renting the MFTC facilities is asked to provide feedback through an evaluation form that is provided upon billing and/or completion of the training session. For your information you will be billed by MFTC for facility use on the day of rental. The Safety Officer/Instructor will provide separate billing. Agency, Department or Organization Copy to be signed and returned to MFTC (See Reverse) t The Metro Fire Training Center reserves the right to cancel any training session due to weather, safety or pollution concerns. It is the policy of the Metro- Fire Training Center to cancel all burn building training sessions when a Red Alert Pollution Advisory is issued. This advisory is issued November 1, to March 31, for the next 24 hour period at 4 p.m. each day. The information for the advisory is available at 4:20 p.m. each day. The MFTC Director will notify the department scheduled for training when a Red Alert- Advisory ?is issued. If a Red Alert Advisory is issued for the scheduled day of Burn Building Rental the renting department or agency may reschedule a session at a later date or use other drill ground space if available for other training. If you should have any questions please contact the MFTC Director at 303-798-3558 Thank you for choosing the Metro Fire Training Center for your training sessions. Sinc , Gum on MFTC Director LJ Received by: Date: (Department, Agency or Organization Representative) Please mail in or bring in on day of rental a signed copy of the agreement prior to the scheduled training session. DEPARTMENT, AGENCY OR ORGANIZATION RENTING FACILITIES COPY C '0 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Date: May 16,2000 Re: West Beaver Creek Boulevard Street Improvements Meldor Construction, Inc. - Construction Contract s u m m a rY: Three Bids were received in response to our Advertisement for Bids for the West Beaver Creek Boulevard Street Improvements Project. The three bids received ranged from $627,914.50 to $1,162,269.41 with an engineer's estimate of $749,206.11. These Bids are summarized on the attached Bid Summary Sheet. Meldor Construction, Inc., from Carbondale, Colorado submitted the Low Bid of $627,914.50. We have reviewed the Bid submitted by Meldor Construction, Inc. and find it to be reasonably consistent with the Engineer's Estimate and the other two Bids received. We do not see any unreasonable discrepancies in the various unit prices to indicate potential problems or an unbalanced bid. Subsequently, we recommend approval of the Bid submitted by Meldor Construction, Inc., in the amount of $ 627,914.50 for construction of the West Beaver Creek Boulevard Street Improvements Project. Recommendations: Approve Bid submitted by Meldor Construction, Inc., in the amount of $ 627,914.50 for construction of the West Beaver Creek Boulevard Street Improvements Project and authorize issuance of Notice of Award for the Project. Town Manager Comments: IAEngineering\CMW Bvr CK BIvdM.0 Const Docsk33 Contract\U 1Gen Corr\Memo Bid Awsrd.Doc his Item lo. No. Description C 1 201 Clearing & Grubbing 2 202 Asphalt Removal 2A 202 Roto-min 3 202 Sidewalk, Crosspon and Curb removal 4 202 Culvert Removal 5 202 Removal of Stonework 6 203 Potholing 7 203 Excavation 8 208 SIR Fence 9 208 Inlet Protection 10 208 Erosion Bales 11 210 Manhole Adjst.Grd.Rhp. 11A 210 Manhole Adjet.Bwrw sod 12 210 Valve Adjustments 13 210 Reset Split Rol Fence 14 210 Reset Guardrail 15 210 Reset Ground Sign 16 210 Reset Fire Hydrant 17 212,213,214,215 wW 823 Landscaping 6 Irrigation 18 308 Subgrade Preparation 19 304 Class "6" Aggregate Base Course 20 403 Hot Bituminous Pavement (Class CX) 21 403 Hot Bituminous Pavement (Class C) 22 412 8" Concrete Bus Pads 23 506 Type "L"R1pRap(1,Dwh) 24 Boulder Walls 25 603 18" HDPE Storm Pipe Blff ab1.xle ntity Unit 1 LS ,389 SY ,678 SY 1 LS 6 EA 1 LS 20 HRS ,200 CY 905 LF 3 EA 12 EA 15 EA 1 EA 9 EA 260 LF 26 LF 15 EA 1 EA 1 LS 8,900 SY 1,132 CY 1,370 TON 1,106 TON 5,364 SF 284 SF 195 LF 78 LF WEST BEAVER CRI PROJECT NO. STE M088 M/ Engirwer's Estlrraste Unit Cost Item cost $ 5,000.00 $ 5,000.00 $ 6.66 $ 15,910.74 $ 6.66 $ 31,155.48 $ 10,000.00 $ 10,000.00 $ 500.00 $ 3,000.00 $ 769.00 $ 769.00 $ 25.00 $ 500.00 $ 4.10 $ 4,920.00 $ 5.25 $ 4,751.25 $ 157.50 $ 472.50 $ 21.00 $ 252.00 $ 513.00 $ 7,695.00 $ 512.00 $ 512.00 $ 103.00 $ 927.00 $ 15.38 $ 3,998.80 $ 71.75 $ 1,865.50 $ 51.25 $ 768.75 $ 256.00 $ 256.00 $ 59,850.00 $ 59,850.00 $ 1.54 $ 13,706.00 $ 30.75 $ 34,809.00 $ 58.38 $ 77,240.60 $ 61.50 $ 68,019.00 $ 10.78 $ 57,716.64 $ 5.13 $ 1,456.92 $ 66.63 $ 12,992.85 $ 56.38 $ 4,397.64 TOWN OF AVON IEK BLVD. STREET IMPROVEMENTS -001 AVON STREETSCAPING SUB 012987 BID OPENING Y 12, 2000 - 2.00 PM Mellor Consbvcdon B&B Excavating Unit Cost ROM Cost Unit Cost Item Cost $ 3,850.00 $ 3,850.00 $ 9,000.00 $ 9,000.00 $ 4.15 $ 9,914.35 $ 2.60 $ 6,211.40 $ 2.60 $ 12,162.80 $ 3.00 $ 14,034.00 $ 1,900.00 $ 1,900.00 $ 2,200.00 $ 2,200.00 $ 380.00 $ 2,280.00 $ 460.00 $ 2,760.00 $ 1,200.00 $ 1,200.00 $ 2,350.00 $ 2,350.00 $ 180.00 $ 3,600.00 $ 300.00 $ 6,000.00 $ 5.00 $ 6,000.00 $ 20.00 $ 24,000.00 $ 1.70 $ 1,538.50 $ 2.30 $ 2,081.50 $ 187.00 $ 561.00 $ 165.00 $ 495.00 $ 12.00 $ 144.00 $ 115.00 $ 1,380.00 $ 152.00 $ 2,280.00 $ 300.00 $ 4,500.00 $ 1,654.00 $ 1,654.00 $ 1,500.00 $ 1,500.00 $ 34.00 $ 306.00 $ 200.00 $ 1,800.00 $ 6.60 $ 1,716.00 $ 5.50 $ 1,430.00 $ 18.00 $ 468.00 $ 265.00 $ 6,890.00 $ 120.00 $ 1,800.00 $ 170.00 $ 2,550.00 $ 1,883.00 $ 1,883.00 $ 3,000.00 $ 3,000.00 $ 14,043.00 $ 14,043.00 $ 25,000.00 $ 25,000.00 $ 0.80 $ 7,120.00 $ 0.60 $ 5,340.00 $ 33.90 $ 38,374.80 $ 40.00 $ 45,280.00 $ 46.10 $ 63,157.00 $ 40.00 $ 54,800.00 $ 46.10 $ 50,986.60 $ 40.00 $ 44,240.00 $ 5.20 $ 27,892.80 $ 6.30 $ 33,79320 $ 14.00 $ 3,976.00 $ 4.00 $ 1,136.00 $ 48.00 $ 9,360.00 $ 55.00 $ 10,725.00 $ 36,00 $ 2,808.00 $ 64.00 $ 4,992.00 1 Duckels Construction Inc. Unit Cost item cost $ 16,200.00 $ 16,200.00 $ 6.00 $ 14,334.00 $ 5.00 $ 23,390.00 $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 6,000.00 $ 2,000.00 $ 2,000.00 $ 250.00 $ 5,000.00 $ 18.75 $ 22,500.00 $ 17.50 $ 15,837.50 $ 800.00 $ 1,800.00 $ 100.00 $ 1200.00 $ 500.00 $ 7,500.00 $ 2,000.00 $ 2,000.00 $ 400.00 $ 3,600.00 $ 10.00 $ 2,600.00 $ 40.00 $ 1,040.00 $ 200.00 $ 3,000.00 $ 2,500.00 $ 2,500.00 $ 25,000.00 $ 25,000.00 $ 5.50 $ 48,950.00 $ 48,00 $ 54,336.00 $ 57.55 $ 78,843.50 $ 57.50 $ 63,595.00 $ 9.60 $ 51,494.40 $ 5.00 $ 1,420.00 $ 100.00 $ 19,500.00 $ 50.00 $ 3,900.00 0 0 0 0 WEST BEAVER CREEK BLVD. STR EET IMPROVEMENTS PROJECT NO. STE M088-001 AVON BTREETSCAPING SUB =12487 BID OPENING MAY 12, 2000.2:00 PM Line No. Item No. Description Quantity Unit Engineer's Estlmab Unit Cost Item Cost Meldor Cortsbuction UnIt Coat Item Cost B&B Excavating Unit C t I 26 803 18" Steel Flared End " " 3 EA $ 1,538.00 $ 4,614.00 $ 194.00 $ 582.00 $ oa 175 00 te $ m Coat 525 00 27 28 604 Type R Inlet 606 Guardrail Pedest Type 3 191 EA LF $ $ 2,665.00 71 7 $ 7,995.00 $ 3,110.00 $ 9,33040 $ . 3,400.00 $ . 10,200.00 29 . 608 Handicap Ramps 22 EA $ . 5 1,794.00 $ $ 13,704.25 39,468.00 $ $ 137.00 260 00 $ $ 26,167.00 5 720 00 $ $ 140.00 550 00 $ 26,740.00 30 608 Concrete Crosswalk 526 SF $ 5.13 $ 2,698.38 S . 8.00 $ , . 4,208.00 $ . 15 00 $ $ 12,100.00 7 890 00 31 32 Sidewalk Chose Double Sidewalk Chase 1 1 EA EA $ $ 1,538.00 1 538 00 $ $ 1,538.00 1 538 0 $ 462.00 $ 482.00 $ . 900.00 $ , . 900.00 33 608 Sidewalks & Bikeway , . , . 0 $ 810.00 $ 810.00 $ 1,600.00 $ 1,600.00 34 (Skwm& (s wrdm) 608 8' & 4' Crosspen 2,229 LF $ 17.94 $ 39,988.26 $ 16.70 $ 37,224.30 $ 21.50 $ 47,923.50 35 (DutterType TWO) $09 Curb & Gutter 2,617 SF $ 5.13 $ 13,425.21 $ 5.35 $ 14,000.95 $ 6.30 $ 16,487.10 36 ((rV*rftW Curb w/ 2'pultw) 613 Street Lights 2,272 28 LF E $ 11.28 $ 25,628.16 $ 16.70 $ 37,942.40 $ 16.00 $ 36,352.00 37 614 Pole Relocations 1 A EA $ $ 3,331.00 3 588.00 $ $ 93,288.00 3 588 00 $ $ 4,745.00 1 613 00 $ 1 $ 32,860.00 1 613 0 $ 5,000.00 $ 140,000.00 38 614 & 713 Traffic Control , , . , . , . 0 $ 800.00 $ 800.00 39 Signs w/Sign Post 814 Replace Traffic Light 12 EA $ 154.00 $ 1,848.00 $ 225.00 $ 2,700.00 $ 215.00 $ 2,580.00 40 Sensors 619 4-PVC Condt#t Crossing 6 276 EA LF $ $ 1,025.00 17 43 $ $ 8,150.00 4 810 88 $ $ 639.00 13 00 $ 3,834.00 $ 850.00 $ 3,900.00 41 620 Sanitary Facility 1 EA $ . 3,588.00 $ , . 3,588.00 $ . 420.00 $ $ 3,588.00 420.00 $ $ 15.00 375 00 $ $ 4,140.00 375 00 42 43 625 Construction Staking 626 Mobilization 1 LS $ 30,750.00 $ 30,750.00 $ 6,800.00 $ 6,800.00 $ . 10,000.00 $ . 10,00040 44 628 Demobilization 1 1 LS LS $ $ 1.00 1 00 $ $ 1.00 1 00 $ $ 28,320.00 1 980 $ 28,320.00 $ 22,160.00 $ 22,160.00 45 627 & 713 Epoxy Pavement . . , .00 $ 1,980.00 $ 4,000.00 $ 4,000.00 45A Marking Material 627 White Thermoplastic 27 GAL $ 81.50 $ 100.50 $ 227.00 $ 6,129.00 $ 200.00 $ 5,400.00 46 Pavement Marking 630 Construction Zone 1 LS $ 1.00 $ 1.00 $ 10,608.00 $ 10,608.00 $ 11,000.00 $ 11,000.00 Traffic Control 1 L8 $ 30,000.00 $ 30,000.00 $ 21,840.00 $ 21,640.00 $ 50,000.00 $ 50,000.00 TOTAL BID ALL IMPROVEMENTS Duckeis Constructlon Inc. Unit Cost Item Cost $ 500.00 $ 1,500.00 $ 3,500.00 $ 10,500.00 $ 140.00 $ 26,740.00 $ 548.00 $ 12,056.00 $ 15.20 $ 7,995.20 $ 1,008.00 $ 1,008.00 $ 2,240.00 $ 2,240.00 $ 36.24 $ 80,778.96 $ 7.37 $ 19,287.29 $ 16.98 $ 38,578.56 $ 5,130.00 $ 143,640.00 $ 11000.00 $ 11000.00 $ 300.00 $ 3,600.00 $ 1,870.00 $ 11,220.00 $ 20.00 $ 5,520.00 $ 1,400.00 $ 1,400.00 $ 29,265.00 $ 29,265.00 $ 122,790.00 $ 122,790.00 $ 2,000.00 $ 2,000.00 $ 300.00 $ 8,100.00 $ 3,500.00 $ 3,500.00 $ 150,000.00 $ 150,00040 v BidTabl.)is 2 Memo To: Thru: From: Date: Re: Honorable Mayor and Town Council Bill Efting, Town Manager I fZ- Norm Wood, Town Engineer May 15, 2000 West Beaver Creek Blvd. Street Improvements HP Geotech Material Testing Proposal Summary: We received two responses to the attached Request for Proposal for Geotechnical and Material Testing Services for the West Beaver Creek Blvd. Street Improvement Project. These Proposals which are attached, were submitted by CTL.lThompson, Inc. and by HP Geotech. Both are qualified firms and have provided geotechnical and materials testing services on other Town projects. Neither proposal fully complies with Request for Proposals (RFP). The CTI/Thompson Proposal includes a projected cost of $26,960, but does not include the assurance testing as required by CDOT and stipulated in the RFP. The HP Geotech Proposal includes the required assurance testing, but does not include a total estimated cost for the services. The Proposal from HP Geotech appears to generally best conform to the RFP. Also, their hourly rates and projected hours are slightly less than projected in the CTL /Thompson Proposal. Using that as a comparison, the cost of services should be slightly less with the HP Geotech Proposal. Actual cost of services under either proposal is highly dependent upon the Contractor's construction schedule, which will not be available until after award of a construction contract. Services provided under these proposals will be closely monitored throughout the construction process to assure that actual services provided will be at the minimum levels required for quality assurance and conformance with CDOT requirements. The cost of this level of service should be within the Proposed Project Budget of $30,000 for these services. Based on this review and analysis, we recommend approval of the "Proposal for Construction Observation and Materials Testing Services, West Beaver Creek Boulevard Street Improvements, Avon, Colorado," as submitted by HP Geotech. l\PW MW Bw CK MvdU.0 Send 12.6 Gmtedi-TcAWA mweoowm.noo d. Aggregate Base and Asphalt Materials Testing for Conformance with Specifications e. Observation and Density Testing of Aggregate Base and Asphalt Pavement f. Observation and Testing of Concrete g. Completion and submittal of required CDOT Forms and Reports i. CDOT Form #250 - Materials Documentation Record ii. CDOT Form #43 - BBP Job Mix Formula iii. CDOT Form #379 - Independent Assurance Schedule iv. CDOT Form #473 - independent Assurance Sample Recap 3. Proposal shall include provision for Certification of Materials test results by a separate and independent certified materials testing firm (Independent Assurance Tester) in conformance with CDOT requirements. The Independent Assurance Tester shall be designated in the Proposal and the cost of this assurance testing and certification shall be included in the Proposal. 4. Proposals shall include resumes of selected individuals that will be working on the project both as field and laboratory personnel and supervisors. Pertinent Colorado Professional Licenses and Certifications shall be included. 5. Proposals shall contain a detailed description of services proposed at a base fixed cost and a rate table including, but not limited to, hourly fees, reimbursable unit costs, company policy for billing travel time and or mileage and a rate schedule for typical tests applicable to soils. The following should be noted in response to this request for Proposal: The Town of Avon is an equal opportunity employer, and complies with the requirements of the American with Disabilities Act wherever pragmatically possible. The Town of Avon reserves the right to reject any and all proposals, to waive any irregularities, and to make an award in such manner as they may deem right and proper for the best interest of the Town of Avon. Questions concerning this proposal should be addressed to Norman Wood at 970-748-4109 or at the above address. Please note that answers to questions asked by a participant will not be distributed to the other respondents. Thank you for your time and efforts in response to this request. Sincerely, Norman Wood, Town Engineer r: %w CK RtvdN2.0 Servicw\2.6 Geotech-TcAinkW P.Doc 2 REQUEST FOR PROPOSAL GEOTECHNICAL & MATERIAL TESTING SERVICES WEST BEAVER CREEK BOULEVARD STREET E"ROVEMENTS APRIL 12, 2000 The Town of Avon is requesting proposals for Geotechnical and Material Testing Services for construction of the Town of Avon, West Beaver Creek Boulevard Street Improvement Project. The proposed project includes the portion of West Beaver Creek Blvd. beginning at its intersection with Highway 6 & 24 and proceeding in a northeasterly direction along the existing roadway for approximately 2,000 feet. It is anticipated that this construction will occur between June 1, 2000 and October 1, 2000. The proposed construction for which Geotechnical and Material Testing Services is being requested includes: Installing erosion control structures; removing and disposing of existing crosspan, asphalt, curb, culverts and vegetation; scarifying and compacting existing subgrade, importing and compacting imported subgrade material; constructing storm inlets; placing storm pipe, geotextile and rip rap materials; constructing boulder walls, sidewalk, curb/gutter, crosspans, handicapped and concrete bus ramps and crosswalk; placing road base material; installing guard rail and street lights, placing asphalt overlay including driveway ties-on, shoulder work, manholdvalve box adjustments; installing traffic signs and striping; landscaping open areas; and mairrtaining traffic control on West Beaver Creek Blvd Please respond to this Request for Proposal as follows: 1. All completed proposals shall be submitted to the Town Engineer at: Town of Avon % Norman Wood, Town Engineer P.O. Box 975 500 Swift Gulch Road Avon, CO 81620 All proposals must be received by 5:00 PM local time, May 10, 2000. 2. The proposal shall be for all geotechnical and material testing services as required for the above described project, to conform to the Colorado Department of Transportation (CDOT) Materials Testing Manual, Latest Edition. The following services are expected to be required as a minimum: a. Soils and Subgrade Testing and Evaluation as required to verify pavement design b. Inspection and Density Testing of site grading, fill, utility trench backfill and pavement subgrade c. Evaluation of Asphalt Job Mix Design I:\Engineaing\CMW Bvr CK Blvd\2.0 Sawi=\2.6 Gcatech-Tai6ng\RFP.Doc 0 Recommendations: Approve `Troposal for Construction Observation and Materials Testing Services, West Beaver Creek Boulevard Street Improvements, Avon, Colorado," as submitted by HP Geotech. Town Manager Comments: 77 Go,nGu v? No,r a ve?? 5a° U u 5 c 6-? ??Cse 606?s , E n APW44HARM)TA ineaingW1P\W Bw CK Blvd\2.0 savices\2.6 Geaedi-T 2 G NNW* otech May 8, 2000 Town of Avon Attn: Norman Wood, Town Engineer P.O. Box 975 Avon, Colorado 81620 Hepworth-Pawlak Geotechnical, Inc. 5030 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Fax: 970-945-8454 hpgeo@hpgeotech.com Subject: Proposal for Construction Observation and Materials Testing Services, West Beaver Creek Boulevard Street Improvements, Avon, Colorado Dear Mr Wood: We are pleased to submit this proposal to perform construction observation and materials testing services for the subject project. This proposal is based on your facsimile transmission dated April 12, 2000, our recent conversations, and our experience in the area. Background: We understand the project involves the reconstruction of about 2,000 lineal feet of West Beaver Creek Boulevard extending northeast of Highway 6 and includes earthwork, aggregate base, concrete sidewalk, curb, gutter and drainage structures, and asphalt overlay. The work will take place between June 1 and October 1, 2000. Scope of Work: We propose to perform part time observation and testing of earthwork operations, sampling and testing of soil, aggregates, fresh concrete, and asphaltic concrete as directed by the client or his designated representative. The work is to conform to the latest edition of the Colorado Department of Transportation (CDOT) Materials Testing Manual. We will present the results of the work iVrformed in daily reports and assist with preparation of required CDOT forms and reports. Independent Assurance Testing (IAT) as required by the CDOT Materials Testing Manual will be provided through our subconsultant, Western Colorado Testing, Inc. (WM. A copy of their proposal for this work is attached. Cost: The total cost to perform the scope of work will depend on the contractor's progress and the amount of work we are requested to perform. We can provide a budget for our work when a detailed construction schedule and material quantity estimates are made available to us. Our fees will be based on the unit costs and other costs presented in our attached Fee Schedule. Our current Fee Schedule is subject to revision, generally on an annual basis. A breakdown of the expected costs for unit tasks is as follows: C Norman Wood May 8, 2000 Page 2 1) Field Soils: Compaction Testing Site Visit Site time, estimated 2 hours @ $42.00/hr. $84.40 Travel, 1 hour @ $42.00/hr. and 60 miles @ $0.45/mi $69.00 Compaction Testing Site Visit Estimated Total: $153.00 2) Soils Lab: Laboratory Index Properties- and Standard Proctor Testing Gradation 3" thru #200 sieve $75.00 Atterberg limits $50.00 Standard Proctor compaction $90.00 Soils Lab Cost per Sample: $215.00 0 3) Concrete Test: Slump, Air Content, Unit Weight and 1 Set of 4 Cylinders Site time, estimated 2 hours @ $42.00/hr. $84.00 Travel, (same as in #1 above) $69.00 Travel for cylinder pickup next day $69.00 Laboratory compressive strength testing $40.00 Concrete Test Site Visit Estimated Total: $262.00 4) Asphalt Field: Lay down Monitoring, Sampling and Nuclear Density Testing Site time, estimated 4 hours/day @ $42.00/hr. $168.00 . Travel $69.00 Asphalt Monitoring and Testing Site Visit Estimated Total: $237.00 11 Norman Wood May 8, 2000 Page 3 5) Asphalt Coring: Technician and coring equipment Estimated 4 hours @ $75/hr $300.00 Core density and thickness Estimated 7 cores @ $20/core $140.00 Asphalt Coring Estimated Total: $440.00 6) Asphalt Lab: Properties of Hot Mix Sample Oil content and gradation. $140.00 Maximum theoretical speck gravity $60.00 Asphalt Hot Misr Sample Estimated Total: $200.00 0 7) Supervision and Report Preparation: Supervisor (typically 1 to 3 hours per week) $70/hour Word Processing (typically 1 to 2 hours per week) $40/hour 8) Independent Assurance Testing: Cost plus 20 percent Personnel and Qualifications: Resumes for our `individuals selected for the project are attached. Dave Young will be the Engineer in responsible charge of our work. Tom Westhoff will supervise our field personnel and review documentation. Sharon Cranston and Jeff Shanks will perform field sampling, testing and observation of construction. Mike Evans will supervise and review laboratory testing and Sharon Tenney will perform the laboratory testing for the project. A table showing our CDOT and other relevant project experience is also attached for your reference. Acceptance: If this proposal meets with your approval, please sign a copy and return it to us. If you have any questions, please contact the undersigned. C Norman Wood May 8, 2000 Page 4 Thank you for the opportunity of submitting this proposal. We look forward to working with you. Sincerely, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Thomas J. W thoff Rev. by: DAY TJW/kk Attachments: Construction Observation and Testing Fee Schedule WCT Proposal for Independent Assurance Testing Resumes of Selected Individuals Relevant Project Experience Accepted this date: by Signed E n Cued-i HEPWORTH - PAWLAK GEOTECHNICAL, INC. 5020 County Road 154 Glenwood Springs, Coloredo 81601 Phone: 970-945-7988 Fax: 970-94548454 e-mail: hpgeo@hpgeotech.com FEE SCHEDULE GLENWOOD SPRINGS CONSTRUCTION OBSERVATION AND MATERIALS TFMM14G n i-J CONSTRUCTION OBSERVATION Field Technician - Field T hnicisn - Piers. PiConcrete, Asphalt, les .. ?' Fireproofing ................. $42.00 to $55.00/hour Overtone (Over 8 hours per day, Saturday. Sunday and Holidays) .... .............. $50.00 to $65.00/1310ur Supervisor ............. ............... 1.5 x standard hourly rate Engin= (Staff to Senior Level) ........................................ $60.00 t0 $70.00/hour CAD/Drafting .................................................. 560.00 to 5100.00/hour Word Processing ......................................................... $55.00/horr ............................. $55.OWhw $40.00/110rr LABORATORY TESTING SOILS Moisture Content (ASTM D-2216) .......... $ 8.00 Moisture and Density (Liner Sample) ......... 14.00 Atterberg Limbs (ASTM D-4318) ........ 50 00 Swell-Consolidation (Std. 3 Points) .. • ... . 60 00 Unconfined Compression (ASTM D-2166) . 6 ..... Specific Gravity (ASTM D-854) ........ 0.00 60 00 Gradation Analysis (ASTM D-422) .... . L 3" through #200 Sieve .. 75 ..... , ... b. 3- through #4 Sieve .00 ................ c. #4 through #200 Sieve .. 30.00 45 ............ d. Percent Less than #= Sieve .00 25 0 .......... e. Hydrometer Analysis .... .. . 0 70 00 Standard Proctor Compaction (ASTM D-698) ... . . 90.00 Modified Proctor Compaction (ASTM D-1557) . 1 00.00 A- One Point Check ..... , 45.00 Hveem Stabilometer 'R' Value ............ 3 00.00 ASPHALT Oil Cow Only (AMU D-2172) ........ $85 00 Oil Content/Gradation .. . (ASTM D-2172 and ASTM C-136) ....... 140.00 Marshall Test -Three Specimera (ASIUD-1559) (Sample Prc *mdon, Urdt Weight, Stability. Flow) ........... 135.00 Asphalt Coring, includes Technician ...... 75.00/hoi r Spacifk Gravity, Bulk (ASTM D-1188 and D-2726) .. , 20 00 Maltimum Theoretical Spec. Gr. (ASTM D-2041) . . 60.00 CONCRETE - MASONRY Cylinder Compression Test 4"x8- $10.00. Cylinder Compression Test (ASTM C-39) 6"x12- . 15.00 Contractor Cast Cylinders .. 20.00 Masonry Grout Compression Test,. ... including Coring and Trimming ....... 25.00/core Mortar Cube Compression Test ...... 10,00 Masonry Prig compression Test a. Hollow Cell ..................... 75.00 b. Grout Frilled . ...... .. ..... 85.00 Concrete Coring (ASTM C-42) includes Technician ........... ... . 75.00/bovr Sample Preparation . 42.00/hour Unit Weight (4- or 6" Cylinder - Dry) ........ 15.00 Cement Mortar Cube, Compressive Strength, Set of 6 (ASTM C-109) .............. 120.00 AGGREGATES Moisture Content (ASIM D-2216) .......... $ 8.00 Gradation, Large Pit Rua Samples ........ 42.00/how All Standard Sieves to nW Sieve (AS7M C-136) a. Coarse Aggregate 3- through #8 Sieve .... 35.00 b. Amount Finer ,i7A0 (ASTM C-117) Coarse Aggregate .... ...... C. Fine Aggregate (with nW Sieve) ....... 20.00 40.00 Clay Lumps and Friable Particles (ASIM C-142) Coarse or Free Aggregate .............. Fractured Pates. Coarse Aggregate 30.00 (Colorado Procedure 45) ............... SPedfic Gravity. Bulk and Apparent 50.00 a. Coarse (ASTM C-127) ...... b. Fine (ASTM C-128) 40.00 ................ 60.00 FIREPROOFING • Bond Test (ASTM E-736) ................ ?,00 MISCELLANEOUS TESTING "Technician ......... $42.00/hour Fwd ......• Quotation Upon Request OTTER DIRECT CHARGES Auto or Pickup ........... $35.00/day + $.451mile Out of town living expenses, commercial travel costs, equipment real, freight, etc. ......... Cost + 20% REMARKS Technician rates include nuclear gauge or other typical field equipment and are charged portal to portal. A 24-hour notice is re P=tcd for scheduling of field service. Proposals for specific Projects available upon request. The prices listed above include up to three copies of the report. 1.5% per month interest charged after 30 days from invoke date. Teter ai Caoftlm, a a.a Mcd-howy 1. moo TERMS AND CONDITIONS STANDARD OF CARE: Services performed by HEPWORTH-PAWLAK GEOTECHNICAL, INC. (referred to as HP GEOTECH) under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. No warranty, expo or implied, is made or Intended by the proposal for consulting services or by furnishing oral or written reports of the findings made. The client recognizes that subsurface conditions may vary from those encountered at the location where borings, tests or explorations are made based soldy upon the dam by HP GEOTECH and that the data, interpretations and recommendations of HP GEOTECH are recommendations, but shall available to HP GEOTECH. HP GEOTECH will be responsible for those data, interpretations+ not be responsible for the interpretations by others of the information developed. LII&TATION OF LIABILITY: The client agrees to limit HP GEOTECH and its employees, directors. officers and subconsultants liability to the client arising from or in any way related to the Project or the Agreement including professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of HP GEOTE T14 inrk ding reasonable attorney's fees and expert witness' fees, to all those named shall not exceed $50,000 or HP GEOTECH's total fee for the services rendered on this Project, whichever is greater, and client hereby releases HP GEOTECH and its employees. directors, officers and subeonsultants from any liability above such amount. SITE ACCESS: Unless otherwise agreed, the client will fumish HP GEOTECH with right-of-acros to the site in order to conduct the planned exploration. White HP GEOTP,CH will take reasonable precautions to limit damage to tip p y,:itjx tmdCLs W by the client that in the normal course of work some damage may occur, tin; restoration of which is not part of this Agreement and shall not be the obligation of HP GEOTECH.. Unless otherwise agreed, the client will secure all necessary approvals, .permits, licenses and consents necessary to the performamx of the services hereunder. UTILTI'IES: In the performance of its work, HP GEOTECH will take reasonable precautions to avoid damage or injury to subterranean structures or utilities. The client agrees to hold HP GEOTECH harmless and indemnify HP GEOTECH for any clainu6 payments or other liability, including attorney's flees and costs, incurred by HP GEOTECH for any damages to subterrannn structures or utilities which are not called to 13P GEOTECH's attention and correctly shown on the ph= furnished to HP GEOTECIL UNANTICIPATED HAZARDOUS MATERMU: It shall be the duty of the owner. the client, or their rgWCW alive to advise HP GEOTECH of any known or suspected hazardous substances which may exist on or near any premises Upon which work is to be performed by HP GEOTECH's employees, agents or subcontractors. If HP GEOTECH observes or suspects the existence of unanticipated hazardous materials during the course of providing services, HP GEOTECH may at its option terminate further work on the project and notify client of the condition. Services will be resumed only after a renegotiation of scope of services and fees. In the event that such renegotiation cannot occur to the satisfaction of HP GEOTECH, HP GEOTECH may at its option terminate this con4act. INVOICES: HP GEOTECH will submit invoices to the client monthly and a final bill upon completion of sovices. Payment due upon prmntation of invoice and is past due thirty (30) days from the invoice date. Client agrees pay a finance charge of one and one half percent (I 'A %) per month on past due accounts. Client also agrees to pay all costs and expenses, inchW tg reasonable attorney's fees incurred by HP GEOTECH relating to collection procedures on overdue accotmts. OWNERSHIP OF DOCUMENTS: All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by HP GEOTECH as instrarnenft of service, shall remain 0ar'property of HP GEOTECH unless there are other contractual agreements. SAMPLES: HP GEOTECH will retain all soft and rock samples that an transported to HP GEOTECH's laboratories until submission of the project report. Further storage or transfer of samples can be made at client's expense upon written request. DISPUTE RESOLUTION: All claims, disputes and other matters in controversy between HP GEOTECH and client arising out of or in any way related to this Agreement will be submitted to 'alternative dispute resolution' (ADR) such as mediation and/or arbitration, before and as a condition precedent to other remedies provided by law. If and to die ext t client and HP GEOTECH have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement' which, if attached, is incorporated and made a part of this Agreement. If a dispute at law arises related to the services provided under this Agreement and that dispute requires litigation instead of ADR as provided above, then: 1) The claim will be brought and tried in judicial jurisdiction of the court of the county where BP GEOT ECH's principal place of business is located and client waives the right to remove the action to any other county or judicial jetrisdiction, and 2) The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim related ads. Tsrr,"rv W M 05/08/2000 14:24 WESTERN C>3_0 TESTING 3 19709458454 10.228 G101 WESTERN 529 25 1/2 Road, Suite 8-101 COLORADO Grand Junction, Colorado 81505 TES7`ING, (970) 241.7700 • Fax (970) 241-7783 INC. E-mail, wcto81.net Website: www,wesmrncolorado.com May 8, 2040 WCT # PRO-02300 Mr. Tom Westhoff IP Geotech 5020 County Road 154 Glenwood Springs, CO 81601 Subject: West Beaver Creek Boulevard Improvements Avon, Colorado As requested, Western Colorado Testing, Inc. (WCT) has prepared this proposal to perform the Independent Assurance Testing (IAT) for the above referenced site. it is our understanding the improvement section is approximately 2,000 feet long. Based upon the estimated volumes, WCT anticipates four trips to the site will be required. A trip charge of $360 will be billed for each visit. This charge will include mileage, driving time, and two hours on site. If additional technician time on site will be necessary, it will be billed at $40 per hour. A per diem of $75 will be invoiced if the technician has to spend the night in Avon. If engineering is required for technical assistance, the rate will be invoiced at $80 per hour. The final submittals will be reviewed by an engineer and typed on the required CDOT forms for a fee of $110. The following unit rates are for anticipated laboratory testing according to the Colorado Department of Transportation (CDOT) Field Materials Manual, 1999. 11 05/05/2000 14:24 WESTERN COLO TESTING 3 19709458454 i Page 2 Hp Geotech VCT #pRG-02300 May 8, 2000 Est Gradation (Aggregate - Cold Feed) 4 Asphalt + Maximum, Specific Gravity (Rice) HwEt4 Stability - if required. Fixture volumetrics check - if required Concrete Cylinders - Compressive StreAgth NO.228 D02 $rios $55/each $35.00/each $56.40/each $22040/each $220.00/each $15/each * Tested by neutron oven (CP-42), USing calibration pans supplied by HP Geotech. WCT appreciates your asking for this proposal. If you find the proposal acceptable, please sign the "General Conditions" gi ate not for our file. If you have any questions, please do to contact our office. Respectfully Submitted: WESTUN COLORADO TFBTIra, INC. pia. Daniel Smith, P.E. Senior Geotechnical Engineer NM/nh "VMPNWVGMM C] C7 11 05/08/2000 14:24 WESTERN COLD TESTING } 19709458454 NO.228 P03 GEnRAI. CONDITIONS SECTION I: Scope of Work Western Colorado Testing, Inc4herea ter referred to as WCT) shall perform the servicea defined in the contract and shall invoice the client for those services at the fee schedule rates. The client acknowledges and recopi= WCr has no control avcr cast of materials and labor and is not a construction contractor and then cibre any cost atimme referenced in this ag=mcnt should not be relied upon by client unless otherwise agreed in writing by WCT. Also, if unexpected site conditions ate discovered, the scope of work may change. WCT will provide additional services at the contract Rc scimbit rate. SECT11ON I: Access to Sita Unless ollnerwise agnaed„ the client will furnish WCT with right-of-acmes to the site in order to conduct the planned investigation. Whole WCT will take reasonable precautions to minimize any damage to the properly, it is undusbod by the event that in the normal course of work some damage may occur, the restoration of which is not part of this In the perforananee of its work„ WCT will take reasonable precautions to avoid damage or injury to underground structures or utilidea. The client agrees to hold WCT harmless and indemnify WCT for any clauses, payments or order liability asserted against WCT, iaclndi»g defews cosy & attorney fens, as a result of dmt>agcs m w*rgcound structures & utilities which art not called tQ WCT'e attention & correctly shown on tho plans fumished to WCT. SECTION 3: Unr ndtipated Hazardous Materials It shall be the duty of the cheat to adviso WCT of any known or suspected banwdow substaz cc% which arc or may be related to tho services provided. Such hazardous substances include but are not limited to products, materials, by- praoduete, wastes or samples of the foregoing which WCT may be provided or obtain performing its services or which emist oorrn ist on or near any pre pins, upon which work is to be performed by WCTs employees, agents or If during the course of providing services WCT observes or suspects the mistenca of unvaWpated hazerdow materials. WCT may at its option tcrminato further work on the project and notify client of the condition. Services will be resruned only after a rcuegotiWon of scope of service and flea. In the event that such renegotiation cannot occur to do satisfaction of WCT, WCT may at its option terminate this contrail. It is undustood and agreed that WCT is not, and has no msponsibillty er4 a haadher, generator. opeator, treater or stores. uanspow our disposer of hazardous or toxic substances found or identified at a site, and that Clieat shall undertake or arrange for tho handling, rotramd, utaurent, storage, ttanssportadon and disposal of hazardous mb awces or coaatih=b fly or identified at a site. SEMON N Reports _ WCT will furnish three (3) copies of the report to the client. Additional copies will be furnished at the vgxm of the client. SECMON & Ownership and Documents All reports, boring !ogt, field data, fold notes, laboratory test data, calculations, estimates, end other docuuner>ta prepared by WCT aui iastrvmerrb of service, shall remain the property of WCT unless otherwise agreed in writing.' SECTION & Coaftsda ft WCT:bal! bold confidential all busirum or technical khrmation obtained from to client or his aMida or wmaded is the pc&rmwm of un icas under this artement and idoosified in writing by the client as "eorrfidentiar. WCT shall not diseWe such infon ufm without the elites consent except to the oxtent "ind for I) Performance bf servieat under this agreement Z) Cornpiumce with pwkssional standards of conduct for przsorvetion of public rater, btalk and welfan; 3) CotnpOom wild any court ordcr or ordra Scvcanmeatal directive and(or 4) Pwwctkm of WCT Maind claims or liabilities uiaWg from pa5oamanco of sovicw umdor this 4gpoomzlmt WCT obligautana kmadar &B uaol apply to in&rrnatioa in flue public domain or lawfully acquired on a non-confiduaW basis Emm others. in.:?aYVpaooairdo? lt>iVAt{P lAt9? 05/09/2000 14:24 WESTERN CCH TEST t NG 4 19709458454 NO.228 P04 SECTION 7: Standard of Cam ScIvices performed by WC r under this Agreement will be conducted in the manner consistent with flint feud of care sad skill ordinarily exercised by members -ef the profession practicing undar sindlar condritioas. No odd warranty, cxprzss or implied, is made or intended by the proposal for consulting services or by fiunishing oral or written report of tfrc findings maw. The client recognizes that subsurface conditions may vary from those encountered at the locations where borings, surveys, ar explorations are made by WCT and that the data, interpretations. and rec iminvidations of WCT are based solely upon the data available to WCT. WCT will be responsible for those data. interpretatimns, and rccomm=dMWM but shall not be responsible for the interpretation by offers of the information. developed. SECTION a: Limitation of Liability The client agrees % Knit WCT'e liability to the owner ad all construction contractors and subcaatraeton on the project arising fi M WCT'a professional actk rants, or omissions, such that the total eggrcgato liability of WCT to an those reamed shag not exceed SSO.ooo or WCC's total fCo for the service rendered on this project, wbkbever is greater. The owner further agrees to revue of the contractor and his subcontractors an identical linnitatioa of WCl''s liability for damages offered by the contractor or the subcontractor arising from WCT's professional acts, errors, or omissioes. SF•G'nON 9: Iasarance and Indemnity WCT regmtsents that it and its staff arc protected by worker's compeaation insurance and that WCT has such w9wafe under public haNlity and property damage insuraaro policies which WCT deems to be adeQtnaft WCT shalt not be liable or msponsble for the acts or omissions of the Client, its agents, representatives, consultants, or • If =0 contractor or other entity is hired by Client to perform work on the project which is the subjW of WCT's services, Mat shall require any such contractors to agree to indemnify and bold harmless WCT of and from any and all claims. losses, damages. and bodily injuries in any way arising out of the contractor's work on the site. WCT's compensation hereunder is not commensurate with the potential risk of injury or loss that may be caused by opoavrra to pollution, hazardous wasw. or toxic or other dangerous substances or conditiow, Aceordbgiy. view as expressly provided in thus contract; the client waives any claim against WCT and agrees to indemnify and save WCr, its agetmts, and ernployees harmless fmm any claim, liability, or defense cost, for injury or loss sustained by any ltty frost such oTosuin allegedly arising out of WCT's pcrkn nnce or services. SECTION 10: Termination This Agreement may be taufinated by either party upon five (5) days wdttea notice in the wart of substantial f llwe by the other part to perform in aecordar?ce with the terra hereof Such i unaun notice. In the event W . faduce has been remedied before expiration of the penod specified WC`r aba11 be paid for services performed to the tcrmiaation tmouce date plus reasonable animam ad agam. Expenses of termination or suspension ohall inclub all direct costs of WCT requires! to complete an aeccasary to complatc its files and may also include a report of the services performed to the date of notice of w mirutuoa or suspension. SECTION U: Precedence rovisioru These Standards, Terms, and Conditions shall take precedence over any inconsistent or contradictory P contained in any proposal, contract, pircl%ase order. r pisitiom, notice to proceed, or lib document resarchn8 WCTs services. 0 WW U'PS' Chem WCr n May 8, 2000 Town of Avon P.O. Box 975 500 Swift Gulch Road Avon, CO 81620 Attention: Mr. Norman Wood Subject: Proposal for Construction Observation and Material Testing Services Beaver Creek Boulevard Improvements Project Avon, Colorado Proposal No. GS-00-160 Gentlemen: As requested, we have prepared this proposal for construction observations and materials testing services for the construction of the Beaver Creek Boulevard Improvements Project in Avon, Colorado. At this writing the schedule is to begin construction on June 1, 2000 and be completed by October 1, 2000. We understand our services will likely be required on a part-time basis for 5 days per week. The main tasks of our technician would be to provide services normally performed by a "tester" on CDOT jobs. The engineering technician would be available on an oacall basis. We propose to have an experienced field technician assigned to the project who can perform all required field testing for soils, concrete and asphalt. Our firm is experienced with the Colorado Department of Transportation testing procedures. We have attached resumes of our Laboratory/Field Manager, Mr. Dan Downing who would be supervising the testing and our field technician would be Mr. Joe Radosevich. Item No. 3 requesting "Independent Assurance Testing" in ouropinion, is best performed by the owner separately and is not reflected in this proposal. We would be happy to discuss with you our concerns regarding providing assurance testing. Laboratory equipment required to service the project (except for compressive strength of concrete cylinders, Hveem Stabilometer on soils and extraction and gradation of asphalt) will be on site to avoid trips back to our Glenwood Springs laboratory facility. If the client wishes to provide a field laboratory, testing such as asphalt content and gradations could be performed on site to expedite test result CTUTHOMPSON, INC. CONSULTING ENGINEERS 234 CENTER DRIVE ¦ GLENWOOD SPRINGS, COLORADO 81601 ¦ (970) 945-2809 publications. We propose to provide our services on a unit rate basis. Test results will be verbally communicated to the contractor and engineer each day. A breakdown of our fee on a unit rate basis is shown below. A) Fee based on unit rates: Assume 87 work days, 6 hours/day Engineering Tech III 6 hrs/day x $461hr $270 Review 1 report per day 30 Estimated Daily Cost $300 Required Laboratory Testing Proctor Compaction Test 2 tests x $90/each $180 Hveem Stabilometer 2 tests x $340/each 680 Subtotal 860 87 days x $300 +(860) = $26,960 The attached general conditions are. part of this proposal. If acceptable please sign one copy and return itfor our files. We appreciate the opportunity to work with you on this project Please call if you have questions. Very truly yours, CTUTHOMPSON, INC. 04-110aw"', , -?5 Dan Downing .?Aanager Laboratory/Field Rev :JM:cd TOWN OF AVON BEAVER CREEK BLVD. IMPROVEMENTS PROJECT 7 I J • E Service ? Agreement L? CTL/THOMPSON, INC. 1(??y CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS Parties This Agreement is made this 8th day of May, 20110 between _ TOWN OF AVON subsequently referred to as "Client" and CTUTHOMPSON, INC. subsequently referred to as CTL. Project By joining in this Agreement, Client retains CTL to provide geotechnicai consulting services in connection with Beaver Creak Bout ward Imnrn ementc P-rojectr/1YOn. Colorado subsequently referred to as "Project". Client's relationship to the project is that ofOwner Scope By this Agreement, the scope of CTL services on the Project is limited to: CONSTRUCTION OBSERVATION AND MATERIALS TESTING 1. Inspection and Density Testing of Fill and Backfill : A representative of CTL will be available each day on a part-time basis during the placement of fill to observe the contractor's progress and methods, and to perform density tests as required. We will rely upon the Client or Contractor to notify CTL when services are required. Materials to be inspected and tested may include embankment fill and structural backfill. Testing methods used will be In accordance with project specifications. Other laboratory testing will be conducted as deemed necessary or requested by the Client to evaluate conformance of fill materials with job specifications. 2. Observation and Density Testing of Aggregate Base and Asphalt Pavement : CTL will be available on a part-time basis during aggregate base placement and pavement construction. Testing will be performed in accordance with project specifications. Other laboratory testing will be conducted as deemed necessary or requested by the Client to evaluate conformance of materials with job specifications. 3. Concrete Testing and Inspection: A representative of CTL will perform concrete testing in accordance with project specifications. A copy of information regarding each testwill be given to the Contractor at the job site the day the concrete is sampled. Subsequent test results of compressive strength testing will be mailed to the Contractor and parties designated by the Engineer following testing at each age. E TOWN OF AVON Page 1 of 2 BEAVER CREEK BLVD. IMPROVEMENTS PROJECT Service Agreement CTL/THOMPSON, INC. CONSULTING GEOTECHNICAL AND MATERIALS ENGINEERS 1971 WEST 12TH AVE, DENVER, CO 80204 X3031 825-0777 General The attached General Conditions to the Service Agreement are incorporated into and made a part of this Service Conditions Agreement. In case of a conflict or Inconsistency between provisions of this Service Agreement (together with the attached General Conditions) and the provisions of any other contract documents, the provisions of the Service Agreement and the General Conditions shall control. Limitation initial one of the following: of Liability Client agrees to the limitation of professional liability as described in the attached General Conditions Client requests waiver of limitation of professional liability described in the attached General Conditions and agrees to pay an additional consideration of 4 percent of the total fee fee CTL agrees to provide services covered by this Agreement on Our fee will eon an unit rate basis. Authorization This quotation is effective provided that CTL receives Client's authorization to proceed within __ days of the date of this proposal. If project requirements or the subsurface conditions encountered Indicate that the scope of services covered by this Agreement should be revised, an additional Service Agreement or a writterraddendum to this Agreement shall be entered Into to coverJtI;l$?019ed scope and fee. CTL Chant By o mg, By T r c Manager TITLE n lul" . DATE I`_J v MA9 r't ru %c evnu Page 2 of 2 General Conditions ? CTL/THOMPSON, INC. CONSULTING GEOTECHNICAL ® AND MATERIALS ENGINEERS Invoices CTL/Thompson, Inc. (CTL) will submit invoices to Client monthly and a final bill upon completion of services. Invoices will show charges for different personnel and expense classifications. A more detailed separation of charges and back-up data will be provided at Client's request. Payment is due upon presentation of Invoice and Is past due thirty (30) days from Invoice date. Client agrees to pay a finance charge of one-and-one half percent (1 %%) per month on past due accounts. Right- Client will provide for right of entry of CTL and all necessary equipment in order to complete the work. While CTL of-Entry will take all reasonable precautions to minimize any damage to the Property, It is understood by Client that in the normal course of work some damage may occur, the correction of which Is not part of this Agreement. Utilities Client shall be responsible for designating the location of all utility Ones and subterranean structures within the property Ones of the Project. CTL will request responsible utilities to locate off-site Ones when necessary. Client agrees to hold CTL harmless for damage to utilities or subterranean structures which are not correctly located by Client. Samples CTL will retain all soll and rock. samples for 30 days after submitting the report on those samples. Further storage or transfer of samples can be made at Client's expense upon written request, Ownership of All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents Documents prepared by CTL, as Instruments of service, shall remain the property of CTL. CTL will retain all pertinent records relating to the services performed for a period of 5 years following completion of services hereunder, during which period the records will be made available to Client at all reasonable times. Standard Services of CTL under this Agreement will be performed In a manner consistent with that level of care and ski of Care ordinarily exercised by members of the profession currently practicing under similar conditions in the locality of the Project. No other warranty, express or implied, Is made. Client recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys, or explorations are made by CTL and that the data, interpretations and recommendations of CTL are based solely on the Information available to it. CTL will be responsible for those data, Interpretations and recommendations as Indicated above, but shall not be responsible for the Interpretation by others of the Information developed. Job Site Client agrees that In accordance with generally accepted construction practices, the construction contractor will be required by Client to assume sole and complete responsibility for job site conditions during the course of construction of the Project, Including safety of persons and property and construction means, methods, techniques and sequences. Client further agrees to defend, Indemnify and hold CTL harmless from any and all liability, real or alleged, in connection with the performance of work on this Project, excepting liability arlsing directly from the negligence of CTL. Umitation of CTL's liability for damages to Client due to professional negligence will be limited to an aggregate amount not Uability to exceed $50,000 or the total fee under this Agreement, whichever is greater. This limitation shall apply to CTL, its officers and employees. In the event that Client does not wish to limit CTL's professional liability, CTL agrees to waive this limitation upon written notice from Client, and Client agrees to pay an additional consideration of 4% of the total fee for such waiver. Insurance CTL represents that It and Its employees and consultants retained by It are protected by worker's compensation insurance and that CTL has such coverage under public liability, property damage and professional liability Insurance policies as CTL deems to be adequate. Certificates for all such policies of insurance shall be provided to Client upon written request. CTL shall In no event be responsible for any loss or damage beyond the amounts, limits and conditions of such Insurance. is Page 1 &2 General CTL/THOMPSON, INC. Conditions CONSULTING GEOTECHNtCAL AND MATERIALS ENGINEERS Termination This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform In accordance with the terms hereof. Such termination shall not be effective If that substantial failure has been remedied before expiration of the period specified In the written notice. In the event of termination, CTL shall be paid for services performed to the termination notice date plus reasonable termination expenses. Hazardous Client represents that Client has made a reasonable effort to evaluate whether hazardous materials are on or Materials near the project site and has Informed CTL of any Information or findings relative to the possible presence of such materials. Should unanticipated hazardous materials be discovered in the course of the performance of services under the Agreement, such discovery shall constitute a changed condition mandating a renegotiation of the scope of work or termination of services. Should the discovery of unanticipated hazardous materials require CTL to take Immediate measures to protect health and safety, Client agrees to compensate CTL for costs incident to taking such measures and for any equipment decontamination required. CTL agrees to notify Client promptly when unanticipated hazardous materials or suspected hazardous materials are encountered. Client agrees to make any disclosure required by law to appropriate government agencies. Furthermore, Client agrees to defend, indemnify and hold CTL harmless from any and all liability arising from discovery by anyone of unanticipated hazardous materials or suspected hazardous materials. Applicable The law of the State of Colorado shall govern the validity of the Agreement, Including these General Conditions, law and its Interpretation and performance. Entire These General Conditions shall be used in combination with a Service Agreement, a proposal, or a contract. Agreement These combined documents shall be the entire Agreement and shall supercede any other agreement between Client and CTL relating to the subject matter thereof. In case of a conflict or inconsistency between these General Conditions and any other contract documents, these General Conditions shall control. Memo To: Thru: From: Date: Honorable Mayor and Town Council Bill Efting, Town Manager i 'Z-- Norm Wood, Town Engineer May 15, 2000 Re: West Beaver Creek Boulevard Street Improvements Proposal / Inter-Mountain Engineering, Ltd. Construction Contract Administration Services Summary The attached Proposal for Construction Contract Administration Services for West Beaver Creek Blvd. Street Improvements was submitted by Inter-Mountain Engineering, Ltd. This Proposal was submitted in response to our outline of Construction Observation & Contract Administration Services as attached. The proposed services would include daily observations of construction activities, review of traffic control plan and implementation, coordination of materials testing, review and evaluation of potential corrections and changes, coordination of construction progress meetings, measurement and documentation of quantities for payment, review of pay requests, preparation of As-Built Plans upon completion of construction and other related activities as required for efficient administration of a construction project. The estimated cost of these services is $27,840. The actual cost of these services is somewhat dependent upon the Construction Schedule. The cost of these services has been included in the Proposed Project Budget. Approval of the Inter-Mountain Engineering, Ltd. Proposal for Construction Contract Administration Services for West Beaver Creek Boulevard Street Improvements with an estimated cost of $27,840 is recommended. Background: Some of these services were addressed as Additional Services in the original Contra Engineering Service Agreement. With the closure of their local office and other organizational changes, Contra Engineering has indicated they cannot provide these services at this time. E \\PW\SHAMDTFagm=mg\CMW Bw CK Mv&a.0 Savx=\2.8 Conrad Admm\RFP\M=o Pcpd AprdDoc Recom m endations: Approve the Inter-Mountain Engineering, Ltd. Proposal for Construction Contract Administration Services for West Beaver Creek Boulevard Street Improvements with an estimated cost of $27,840. Town Manager Comments: a-r tkf C NPWI4AARF.DThehOftiM CMW Bw CK Blvd\2.0 Savi =\2.8 Conrad AdminlRFP AcmO Prpal APtvLDoo 2 WEST BEAVER CREEK BOULEVARD STREET IMPROVEMENTS PROJECT Construction Observation & Contract Administration Services April 12, 2000 The following is a general outline of what we expect to need for Construction Observation and Contract Administration Services for the above referenced project. A. Pre-Bid Meeting 1. Attendance for Background Information B. Pre-Construction Meeting 1. Review Contractor Submittals 2. Prepare Agenda / CDOT Requirements 3. Conduct Meeting 4. Prepare & Distribute Minutes C. Traffic Control Plan 1. Review for Conformance with MUTCD 2. Monitor Implementation for Conformance with Approved Plan D. Materials Testing 1. Coordinate Material Testing with Contractor & Tester 2. Schedule "Materials Assurance Testing" with Tester E. Construction Observation 1. Maintain Daily Diary of Project Activities 2. Coordinate Plan & Design Questions with Contractor & Design Engineer F. Progress Schedule & Progress Meetings 1. Review Contractor's Progress Schedule 2. Schedule & Attend Weekly Progress Meetings G. Change Orders 1. Evaluate Change Requests - Review with Design Engineer 2. Draft Change Orders & Recommendations H. Inspection & Documentation 1. Observe and Document Contractor's Work for Compliance with Plans & Specifications 2. Document Measurements & Quantities for Payment 1. Claims 1. Document Information Related to Potential Claims J. Contractor Payments 1. Review Contractor Pay Requests for Approval Recommendation K. Final Documentation 1. Prepare As-Constructed Plans per DOT Requirements F-71 ?J L•\Engineari*CMW Bw CK Blvd12.0 Savioes12.8 Coahad Admm\RFP\Seav Deserk0ian.Doc 9 P&I Inter-Mountain AMA Engineering yea. April 25, 2000 Mr. Norman Wood, Town Engineer Town of Avon P.O. Box 975 500 Swift Gulch Road Avon, CO 81620 Hand Deliver - 500 Swift Gulch Road Re: West Beaver Creek Boulevard Street Improvements Construction Contract Administration Services Dear Norman, Inter-Mountain Engineering, Ltd. (IME) is pleased to present this proposal for construction contract administration services for West Beaver Creek Boulevard Street Improvements. We feel that we are uniquely qualified for this project due to our solid working relationship with Town staff and the fact that we are a local firm with extensive experience designing and building projects of this size and scope. Over the years, IME has successfully completed many similar projects for the Town and other clients. We are familiar with Town expectations, which will help lead to a successful project team and a superior product. Plus, we feel that being local is a significant asset that will allow us to be more responsive to the Town's needs during construction. Team Description and Profile v Inter-Mountain Engineering is a multi-disciplined civil engineering firm. We have the in-house capability to provide the engineering and construction administration services required for this project. aano Huila Rnnri cidta trim . 1 ittlatnn_ (nlnrado 80127 • Phone: 303/948-6220 • Fax: 303/948-6526 Page 2 of 4 West Beaver Creek Boulevard Street Improvements April 25, 2000 Below are the key personnel that will participate in the project: Jeffery Spanel, P.E., Senior Project Manager • Duane "Duke" Fehringer, P.E. & P.L.S., Surveyor Manager • Sandra E. Mendonca, P.E., Project Engineer • Dale Hope, Construction Quality Control Manager Ms. Mendonca has been IME's engineering manager since October 1999. She has more than sixteen years experience with civil project planning, design and construction. She has a very diverse background and is able to provide project management, public involvement, engineering, and construction oversight services. The Town of Avon has worked extensively with Jeff Spanel, Duke Fehringer and Dale Hope on a variety of projects including the East Avon Street Improvements, Master Drainage Study, Swift Gulch Road Improvements, StreetscApes, Recreation Center, Nottingham Lake Sedimentation Pond and several aerial surveys. A corporate profile for the firm and resumes for each of the key individuals making up our team are enclosed. References & Project History IME is currently assisting the Town of Avon with design services for the 2000 Nottingham Road Streetscape and Street Improvements and finishing up design services for the 1999 East Avon Streetscape, Circulation and Street Improvements. IME provided similar Streetscape Improvement design and construction services to the Town in 1992, 1993, 1994, 1995 and 1996, as well. Norman Wood is our reference for these projects. Additional, detailed project descriptions and references are enclosed for your use. 11 04/25/00 9:28 AM Page 3 of 4 West Beaver Creek Boulevard Street Improvements is April 25, 2000 Statement of Work Construction Administration IME's team will assist the Town with the pre-bid conference and pre-construction meeting, meeting minutes, addendums or other clarification of the plans and specifications, evaluation of bids, and the recommendation for award of a construction contract. IME will review the contractor's Traffic Control Plan for conformance with the MUTCD and monitor implementation of traffic control activities during construction. IME will also review requested changes and corrections during construction and draft change order recommendations for the Town's approval. IME staff will provide construction quality control and contract administration services including: coordinating and scheduling material quality assurance testing, daily field visits to observe and document the contractor's work in a daily diary, reviewing the contractor's work for conformance with plans and specifications, scheduling and coordinating progress meetings, reviewing the contractor's work schedule, documenting measurements and quantities for payment and reviewing the contractor's pay requests. When the project is complete, IME will perform a final survey of the project site and produce as-built drawings in accordance with Department of Transportation requirements. If it appears as though claims may arise as a result of work on the project, [ME will document information related to potential claims. However, such work is considered an "extra" and the fees for performing the work are not included in the estimated fee schedule. The work will be billed at the hourly rates presented in the firm's professional fee schedule. Conclusion This proposal is written in response to your request dated April 12, 2000 and our conversation of April 24, 2000. The proposal includes an overview of our approach to the project to demonstrate our understanding of the scope of services requested. The professional fee schedule and cost estimate are enclosed. AAMCIAn (].11Q AAA Page 4 of 4 West Beaver Creek Boulevard Street Improvements April 25, 2000 We feel that the experience of our team makes IME the ideal candidate to provide the necessary construction administration services for the West Beaver Creek Boulevard Street Improvements project. We look forward to working with the Town of Avon. Thank you for your consideration, Sandra E. Mendonca, P.E. Project Manager • Je M. pane l, E. si nt Enclosures 11 04/25/00 9:28 AM Inter-Mountain Engineering, Ltd. 10:26 AM 4/25/00 [rater Mountain 'EngineeringmL W. Beaver Creek Blvd-fees Page 1 of 2 ESTIMATED FEE SCHEDULE - W Beaver Creek Blvd. TASK / TITLE PROJECT MANAGER $851hour PROJECT ENGINEER $75lhour CADD TECHNICIAN $601hour FIELD ENGINEER $551hou SURVEYOR ($75/hour) SURVEY CREW ($100/hour) TOTALS Meeting Meeting 2 4 $ 470.00 PHASE TOTAL $ 470.00 nstruction Meeting Contractor Submittals 1 8 $ 685.00 Agenda / CDOT Requirements 4 $ 300.00 ;t Meeting 2 2 $ 320.00 & Distribute Minutes 2 $ 150.00 1 PHASE TOTAL1 $ 1,455.00 Control Plan for Conformance with MUTCD 1 4 $ 385.00 Implementation 2 20 $ 1,250.00 PHASE TOTAL $ 1,635.00 ais Testing Oe "Materials Assurance Testing" 9 $ 675.00 PHASE TOTAL $ 675.00 vction Observation ,e & Maintain Daily Diary of Activities 5 160 $ 9,225.00 late Plan & Design Questions 18 $ 1,350.00 PHASE TOTAL $ 10,575.00 :ss Schedule & Progress Meetings Contractor's Progress Schedule 1 9 $ 675.00 ile & Attend Bi-Weeidy Progress Mtgs 9 18 $ 2,115.00 PHASE TOTAL $ 2,790.00 Inter-Mountain Engineerin d. 10:26 AM 40 W. Beaver Creek Blvd-fees ~ nInter Mountain Page 2 of 2 EngineeringLt& ESTIMATED FEE SCHEDULE - W Beaver Creek Blvd. TASK / TITLE PROJECT MANAGER 85mour PROJEC ENGINEER $75/hour CADD TECHNICIAN $60/twur FIELD ENGINEER $65/hour SURVEYOR ($75/hour) SURVEY CREW ($1001hour) TOTALS ange Orders duate Change Re uests q 5 18 $ 1 775 00 A Change Orders & Recommendati , . ons 18 $ 1 350 00 , . PHASE TOTAL $ 3,125.00 :umentation :ument Measurements & Quantities 36 $ 1 980 00 , . PHASE TOTAL $ 1,980.00 inns oument Information Related to Cl i a ms Hourly Hourly $ _ PHASE TOTAL $ _ tractor Payments iew Contractor Pa Re uests y q 5 10 $ 975.00 PHASF_ TOTAL $ 975.00 d Documention )are As-Constructed Pla ns 24 24 $ 3,840.00 PHASE TOTA $ 3 840.00 1ABURSABLE CHARGES RATE ESTIMATE COST age $.31/mfle 500 $155.00 prints $1.00/sheet 50 $50,00 ocopies $.15/sheet 500 $75.00 rs $10.00 4 $40.00 Reimbursable Char es $ 320.00 To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Scott Wright, Finance Directolc?? Data: May 18, 2000 Re: Contract with NationTax Online, Inc. Summary: This contract will permit electronic filing of sales tax with the Town of Avon by a test group of vendors. After the initial testing period, the contract would permit (upon written notice) electronic filing by all vendors that collect tax for the Town. Discussion: Please see the attached memorandum from Geoff Wilson, General Counsel for the Colorado Municipal League. Financial Implications: There are no direct costs associated with this contract The vendor pays the cost of filing under a separate arrangement with NationTax Online. However, the may be some costs associated with software programming to allow electronic downloading into our sales tax software, as well as providing some information regarding the program on the Town's website. These costs would be absorbed by the Finance Department in our existing budget Recommendation: Staff recommends that Council approves the contract discussed above as presented. Tow?n+ Manager Comments-. 1 J?- COv?G<!? Tni1 SecAS To ?e 10-L ?ve4-0p f i Attachments: A - CIVIL Memorandum B - NationTax Online Contract Page 1 COLORADO MUNICIPALLEAGUE 1144 Sherman Street* Denver, Colorado 80203-2207 • Phone (303)831-6411, Fax (303)860-8175 MEMORANDUM TO: Managers and Attorneys for Municipalities that Collect their Own Sales Tax; Sales Tax Committee Members FROM: Geoff Wilson, General Counsel SUBJECT: Electronic Filing Project; Enclosed Contract DATE: March 9, 2000 Introduction The enclosed contract would permit electronic filing of sales and use taxes with your municipality by a limited group of vendors. After an initial "Phase I" of this electronic filing initiative, the contract would permit (upon prior written notice from your municipality) electronic filing by all vendors that collect tax for your municipality. We believe that electronic filing will be a "win-win" option for vendors and municipalities alike. We encourage your municipality's prompt adoption of a contract with NationTax Online. Our goal is to have all of Colorado's 49 locally collecting home rule municipalities participate in this program. Background Electronic filing permits a vendor to remit sales and use taxes for multiple jurisdictions through a single site on the Internet. Funds are transmitted automatically, and the vendor no longer has to complete and send a separate paper form with a separate check to each jurisdiction for whom he or she is collecting tax. Colorado's multi jurisdictional vendors have for years complained about this obligation. The CML Sales Tax Committee (which includes at least one representative of each home rule municipality that collects its own sales tax; a list of Committee members is enclosed), as well as a smaller working group of its members known as the "Special Projects Group," has spent considerable time analyzing and discussing electronic filing. On September 22, 1999, the full Committee voted unanimously in favor of proceeding with Phase I of the project. The Committee concluded that electronic filing would not only benefit vendors, it would also enable municipalities to largely avoid application of the wrong tax rates or other math errors on returns, as well as incomplete filings of returns and the associated cost of processing re-filings and delayed receipt of tax revenues. Furthermore, by providing a single point of remittance, electronic filing would be one step toward simplifying collections under Colorado's complex sales tax system in anticipation of the explosion of e-commerce. Following a recommendation from the Multistate Tax Commission, the Special Projects Group and the full Committee began discussions with NationTax Online. NTO has for some time facilitated electronic filing by vendors collecting tax for some 80 municipalities in Alabama, where all municipalities have the local collection option as well as full base and rate setting authority, as do home rule municipalities here in Colorado. NTO is now providing electronic filing for numerous states, as well as for the IRS. How the NTO Electronic Filing Process Works In brief, under NTO's system, vendors would file their taxes by logging onto NTO's website and providing their federal business identification number (unique to each business operating in the United States). A unified remitting form, in spreadsheet format, would appear on the screen, and the vendor would fill in the fields, just as is done now with paper forms, except that all math calculations (application ofrate, vendors' fee, addition and subtraction) would be done automatically by the computer (i.e., no math errors in the remitting form). Once the fields are properly filled, the vendor would direct that the tax be paid; if the form is. not complete, the "pay" command would not execute (i.e., no more incomplete filings). The vendor's direction to pay the tax would transmit the remittance information to the municipality's bank, which would make a demand on the vendor's bank. Funds equal to the tax owed would then be electronically transferred from the vendor's bank to the municipality's bank. No paper forms, checks, or cash would be involved. At no time would NTO have custody of the municipality's money. There is no cost to the municipality for this service; the cost is paid by the vendor, who pays a nominal remitting fee. Information provided by the vendor would be available to the municipality in a "flat file" format for audit and other purposes. A copy of the Powerpoint presentation describing NTO and the electronic filing process is enclosed. Additional information about NTO, including a useful demonstration of its filing process may be reviewed at www.nationtaxonline.com. Phase I and Phase II The Committee is confident that this electronic filing option (it would be an option; vendors could choose to continue using paper forms) will work. Otherwise, of course, we wouldn't be making the effort to get all 49 locally collecting municipalities to participate. However, it was the consensus view of the Committee that an initial "Phase I" trial period, utilizing a few vendors only, would be a good idea. This would permit the business participants, NTO representatives and the Committee to evaluate the program and resolve any unforseen problems before electronic filing is made available to all vendors. Thus, the enclosed contract provides that NTO would provide electronic filing for all vendors in your municipality (Phase 11) only after receiving written authorization from a designated official of your municipality. The Contract In order to participate in Phase I of electronic filing, your municipality will need to sign a contract with NTO. NTO has indicated that they are very willing to work with individual municipalities on the terms of this contract, and that this is by no means a "final form." 2 Obviously, your municipal attorney will have to be comfortable with whatever form of the enclosed contract is signed with NTO. However, in an effort to anticipate and address some of the issues that may arise (and thus, hopefully, to expedite contract approval) the contract was preliminarily reviewed by several veteran Colorado municipal attorneys. These attorneys suggested a number of useful changes; these have been accepted by NTO and are incorporated into the enclosed contract. Among the revisions: Since the contract is essentially only to authorize NTO to facilitate electronic filing with the municipality (the vendor pays the cost of filing under a separate arrangement with NTO, and NTO never has custody of any municipal funds), much of the contract describes NTO's obligations; municipal obligations relate primarily to helping publicize that electronic filing through NTO is an option. However, because some municipalities have charter, ordinance or policy prohibitions on endorsing a particular product or service, qualifying language was added at the beginning of the last sentence in the introductory portion of paragraph 7. To avoid issues of confidentiality of vendor tax information, a provision (paragraph 11) was added to the contract providing that NTO will not be an agent of the municipality. This puts NTO in the same position as, for example, private accounting firms that often file sales and use tax returns on behalf of private vendors with our municipalities. Paragraph 12 authorizes electronic filing by Phase I participants only, unless and until NTO receives written authorization for Phase U participation from a designated representative of your municipality. Why Your Municipality Should Participate In order for the benefits of electronic filing to be fully realized, all 49 locally collecting home rule municipalities would have to participate. This would avoid the unfortunate scenario in which a vendor doing business in 15 locally collecting municipalities may remit tax to 14 of them electronically, but must use a paper form and check with a respect to the 15th, nonparticipating municipality. The State of Colorado is also currently in negotiations with NTO for provision of electronic filing to the state of its own sales and use taxes, aswell as the sales taxes that it collects on behalf of 49 counties, 159 municipalities and other entities (such as the baseball and football stadium districts). Thus, there is a very real possibility that in the not-too-distant-future, vendors from within or outside Colorado will be able to remit all sales and use taxes owed to any Colorado jurisdiction at one central site on the Internet. As advantageous as this would be in and of itself, it would also help position Colorado, with its peculiarly complex state-local sales tax system, to not be effectively "dealt out" of any national resolution of the challenge posed to the sales tax as a viable revenue stream by the explosion of e-commerce. This is tax simplification that is helpful to the businesses that collect our principal tax revenue stream without doing violence to home rule prerogatives of local control of collection, tax rate and tax base. Participation in Phase I of this project is a very low risk to your municipality. NTO is an agent of the vendor for purposes of remitting tax to your municipality. The vendor pays the entire cost of utilizing this option. NTO never has custody of municipal funds. Before the Sales Tax Committee 3 recommends launching of Phase U, the Committee will meet with Phase I business participants and NTO representatives to review how well the program has worked during Phase I. This electronic filing project signals an exciting new dimension in sales tax administration for Colorado's home rule municipalities. We urge your prompt approval of a contract with NTO to participate in this project. Our objective is to have contracts concluded by mid-April for each of the 49 locally collecting home rule municipalities. Your point of contact at NTO for questions, concerns or proposed revisions to the enclosed contract is Elizabeth Skinner, Business Development Coordinator, NationTax Online, 2901 2nd Avenue South, Suite 270, Birmingham, Alabama, 35233. Her email address is eskinnerna.N'TO.com. Phone 205-324-0088, ext. 124; fax: 205-324-1538. Your municipality's representative on the CML Sales Tax Committee has received considerable information concerning electronic filing and NTO. Additionally, your representative on the Committee may have attended one of the meetings at which NTO explained its electronic filing processes. Thus, for further information about this initiative, talk to the person indicated on the enclosed Committee membership list as representing your municipality. You may also contact me at the League with any questions concerning this proposal. enclosures • FAGEOFF!salcs Mxtcon=CLnZm.WN 4 ELECTRONIC TAX FILING &i PAYMENT SUBMISSION SERVICE AGREEMENT This agreement made as of the ;_ day of , 2000, by and between the MUNICIPALITY/town of Avon ("MUNICIPALITIES") and NATIONTAX ONLINE, INC., a Delaware corporation ("NTO"). RECITALS 1. MUNICIPALITY is responsible for the collection of its own sales, use and other taxes (herein "Taxes"). 2. MUNICIPALITY desires as a means of better serving and simplifying the filing of taxes to offer to the filers of the Taxes (herein, "Filers") the option of electronic filing and payment of the Taxes using the Internet. 3. NTO is engaged in the business of providing electronic filing and payment of taxes using the Internet. 4. NTO desires to provide MUNICIPALITY and its Filers electronic filing of Taxes using the Internet. AGREEMENT 0 1. Web Site Filing Set-up and Maintenance (a) NTO will add the functionality and processes necessary for electronic filing and payment as specified by the MUNICIPALITY to the NTO web site for use in filing Taxes as may be designated by MUNICIPALITYIXXXXXXXXXXXXX (b) NTO will perform such services necessary to insure proper rates, discounts and field validations for Taxes designated by MUNICIPALITY and applied to the web site filing application at the time of set up. (c) NTO, in cooperation with MUNICIPALITY will make changes or perform maintenance as necessary to accommodate any subsequent tax rate or administrative changes. Changes submitted by MUNICIPALITY to NTO will be implemented on the web site application as necessary to comply with the effective dates provided MUNICIPALITY provides the necessary information within thirty (30) days. (d) MUNICIPALITY may elect to add additional taxes or applications to the NTO web site at any time. An additional set up period of up to six weeks may be required in order to add these additional applications to the web site. 2. Submission of Tax Return Information - Flat File NTO will capture the data fields entered by the Filer, as outlined on the Flat File Layout attached as Exhibit A, for each Filer for each return filed. During the specification and development phase (see Section 13), the MUNICIPALITY may elect to have additional fields added to this format in conjunction with NTO staff. All tax return data in the format of the specified flat file will be available to MUNICIPALITY for download from a secure user authenticated section of the web server. 3. Submission of Payment (a) NTO offers electronic payment through ACH Debit. All ACH Debit transactions will be routed to the MUNICIPALITY bank for origination into the ACH system with instructions for deposit directly into a MUNICIPALITY account of choice. If the MUNICIPALITY wishes to offer ACH Credit, NTO can display ACH credit requirements online as specified by the MUNICIPALITY. All ACH Credit transactions are initiated by the Filer and will be given instructions for deposit directly into a MUNICIPALITY account of choice. All ACH Debit returns will be the responsibility of MUNICIPALITY. At no time will any MUNICIPALITY tax payments pass through a NTO account. (b) As used herein, The terms "ACH Debit" and "ACH Credit" shall mean: a. ACH Debit - Automated Clearing House Debit. An ACH Debit is an electronic transaction in which the filer authorizes MUNICIPALITY's financial institution to withdraw funds from the Filers account and deposit them into the MUNICIPALITY'S account. The Filer specifies the amount and date of the withdrawal. b. ACH Credit - Automated Clearing House Credit. The filer will contact an ACH member bank (or its affiliate) and request that it initiate an ACH credit electronic funds transfer to the designated MUNICIPALITY bank account. Filer must contact their bank for information concerning its ability to initiate ACH credits for them. PLEASE NOTE: Filer is responsible for any and all processing related costs that their bank may charge for this service. It is the filer's responsibility to instruct their bank to initiate an ACH credit transfer according to required deadlines. Bank may vary on the dates one can request an ACH credit transfer. 4. Security (a) Encryption: NTO uses the current Internet security standard known as Secure Socket Layer (SSL) 128-bit encryption. The use of this standard ensures that what the Filer types into its computer and the responses returned are protected by the highest possible security protocols while the Filer is on-line. (b) User authentication: A Filer's ID and password will be used to control online access to filing and account information. NTO encourages taxpayers to take all precautions to preserve the secrecy of their password as they would with equivalent information. E (c) Administrative Access: Administrative access to taxpayer data is safeguarded by user authentication. All MUNICIPALITY data is marked with MUNICIPALITY specific identifiers contained in the files and can only be retrieved online by authorized personnel utilizing authentic IDs and passwords. At no time is data transmitted over phone lines. Security levels will be set up within user IDs that will allow MUNICIPALITY personnel limited or complete access to all data. MUNICIPALITY will control issuance and security levels of authorized personnel within the MUNICIPALITY. (d) Additional Security Provided by Offsite Data Center: The NTO web server and database server are hosted offsite by MCI/WorldCom at its data center in Fairfax, Virginia. Additional security and other services provided by the data center are described in Exhibit B. 5. Confidentiality: Only selected key personnel of NTO will have any access to MUNICIPALITY records, and such access shall be only to the extent permitted by law. 6. Consideration for Services: There will be no charge to MUNICIPALITY for Taxes remitted over the Internet. 7. Marketing MUNICIPALITY agrees that it will make a reasonable effort in its contacts with Filers to encourage the use of Internet filing and NTO agrees to cooperate with MUNICIPALITY and provide information that will be helpful in such efforts. These efforts are made as a convenience to the taxpayer and NOT AN ENDORSEMENT by the MUNICIPALITY xxXXXX=xor any other MUNICIPALITY agency for taxpayers to use the NTO service. Except to the extent foreclosed by the charter, ordinance or policies of the municipality, this reasonable effort should include, but not be limited to the following, when applicable: (a) Name/Logo - After receiving prior written approval of the city, NTO may use the MUNICIPALITES name in the production of advertising, public relations and marketing materials. The MUNICIPALITY will be given prior notice and the opportunity to review and approve, in advance, any materials that bear the MUNICIPALITY'S name. (b) E-mail Marketing - The MUNICIPALITY will provide a link and brief service description in e-mail based communications (newsletters, site updates, etc.) sent by the MUNICIPALITY to business tax filers. (c) Public Relations - The MUNICIPALITY will make available a list of media contacts to which tax related media releases are sent. The MUNICIPALITY will also assign an individual to act as the MUNICIPALITY'S spokesperson on all issues related to the arrangement between NTO and the MUNICIPALITY. The MUNICIPALITY will make reasonable efforts to promote the availability of online business tax filing through MUNICIPALITY-sponsored publications, newsletters, or other communications targeting the small business community. (d) Seminars & Conferences - The MUNICIPALITY will distribute NTO produced informational materials at MUNICIPALITY-sponsored tax related seminars and meetings. (e) Web Site Marketing - The MUNICIPALITY will prominently display the NTO logo, link to the filing page, and a brief service description on the appropriate web page relating to e-Filing services. (f) Direct Marketing - To encourage paper filers to try the online filing service, and thereby reduce the MUNICIPALITY'S paper processing expenses, NTO will provide the MUNICIPALITY with camera-ready artwork that the MUNICIPALITY will then print and insert into regularly scheduled mailings (quarterly forms, etc.) sent to business tax filers. When allowed; the MUNICIPALITY will also provide an accurate, up-to- date mailing list (via electronic media) to NTO of appropriate business tax filers in the MUNICIPALITY. 8. Taxpayer Assistance: (a) Internet and non-tax technical issues: NTO will provide access to a toll-free number, e-mail and web links in order to respond to frequently asked questions whether from filers or from the MUNICIPALITY. Tax issues: NTO will refer the Filer to the MUNICIPALITY via links or provide the filer with the MUNICIPALITY telephone number. 9. Term: This agreement shall be for a term of twelve months and shall be automatically renewed thereafter annually for successive twelve (12) month terms, unless either party provides notice of termination to the other. Written notice must be provided by NTO ninety (90) days prior to desired termination of contract. MUNICIPALITY will provide NTO ninety (90) day notice of termination of contract except for any breach of MUNICIPALITY security or violation of contract. A breach of MUNICIPALITY security or violation of contract will be subject to immediate contract termination. 10. Effective Date The effective date for the performance of services under the terms of this agreement shall commence upon its execution by both parties. 11. NTO not an Agent of Municipality: NTO will provide filers that elect to utilize its service with the opportunity to electronically file taxes. NTO shall not be an agent of the MUNICIPALITY. 12. NTO will Provide electronic filing only for the following taxpayers during an initial trial period: (a) Nobel/Sysco Food Services Co.; Contact: Tom Homer, Controller, 303-480-3245 (b) Sprint Communications Corp.; Contact: David Sanchez, Director of Telecommunication Taxation, 913-315-5827 (c) American Furniture Warehouse; Contact: Bob Schwartz, Controller, 303-289-3311 (d) The Piercing Pagoda; Contact: Ellen Maimone, 610-691-0437 Upon written notice to NTO by Town of Avon Finance Di r t-tnr on behalf of the MUNICIPALITY, the trial period will conclude and NTO shall provide electronic filing for any municipal taxpayer. 13. Plan of Implementation: NTO's development & implementation schedule is approximately six to eight weeks consisting of three phases: (a) Phase I: Specifications/Development - During this initial phase of implementation, NTO will work with MUNICIPALITY staff to make sure we understands the needs of the MUNICIPALITY. (b) Phase II: Testing, MUNICIPALITY Education & Tax filer Education (c) Phase III: Release Date At every stage of development and implementation NTO and its staff work with representatives of the MUNICIPALUTY to ensure a cohesive product. 14. Data Flow The data involved will flow pursuant to the enclosed diagram included as Exhibit C. 15. Information from MUNICIPALITY In order for NTO to provide electronic filing for MUNICIPALITY taxpayers, MUNICIPALITY will not be required to provide any information to NTO. However, if MUNICIPALITY would like NTO to perform data validations against current MUNICIPALITY records, then the MUNICIPALITY may choose to provide a database file of information to NTO for these purposes. For example, the MUNICIPALITY may choose to validate account numbers by cross matching with FEIN numbers of taxpayers. Therefore, MUNICIPALITY could supply NTO with a database file of these numbers against which a validation could be performed. This is is strictly optional and at the request of MUNICIPALITY. i_ 16. Audit of NTO NTO agrees to allow MUNICIPALITY audit staff to review security of any MUNICIPALITY applications or tax information that NTO has developed for MUNICIPALITY tax processing. NTO will inform MUNICIPALITY when any changes have been made to their security software that effects MUNICIPALITY data. 17. Protection against Invasion of System NTO will provide to MUNICIPALITY annually their tests to crack the NTO systems or crash NTO servers. NTO will provide MUNICIPALITY with potential vulnerabilities in the NTO network or servers. NTO will provide a plan to MUNICIPALITY on how these problems will be corrected. 18. Year 2000 Certification NTO warrants fault-free performance in the processing of date and date related data (including, but not limited to, calculating, comparing, and sequencing) by all hardware and software products delivered under this contract individually and in combination, upon installation. Fault-free performance includes the manipulation of this data with dates prior to, across and beyond January 1, 2000 and shall be transparent to the user. Hardware and software products provided by NTO, individually and in combination, shall successfully transition into the year 2000 with the correct system date, without human intervention, including leap year calculations. Hardware and software products, individually and in combination, shall also provide correct results when moving forward or backward across the year 2000. Contractor will provide Client with written agreement of their compliance with this paragraph. 19. Site Changes NTO will inform MUNICIPALITY if network or servers with MUNICIPALITY data will be located at a different site then that identified in #4(d). 20. Miscellaneous: (a) Assignment. Any party may not assign this Agreement hereto without the prior written consent of the other parties hereto. (b) Successors Bound. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (c) Section and Paragraph Headings. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this agreement. (d) Amendment. Only an instrument in writing executed by all parties hereto may amend this Agreement. (e) Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto, and supersedes all prior understandings with respect to the subject matter hereof. (f) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute the same instrument. (g) Governing Law. This Agreement shall be construed and enforced under and in accordance with and governed by the laws of the MUNICIPALITY of Avon and the State of Colorado. (h) Provisions Severable. The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any one or more of the provisions of this Agreement shall not affect the validity or enforceability of the other provisions. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the date first above written. MUNICIPALITY OF Avon NATIONTAX ONLINE, INC. By: Judy Yoder By: Its: Mayor 4M61XX4g?#C Approved as to Form By; Municipal Attorney Its: CEO Its: COO C C7 Exhibit A - NTO Recommended ASCII file layout Field Name Size Position Description of Field NAtxpid 6 1-6 NationTax Taxpayer ID # NAtxpid_name 40 7-46 Taxpayer Name NAtxpid_addl 40 47-86 Taxpayer Address Line 1 add2 NAtxpid 40 87-126 Taxpayer Address Line 2 _ NAtxpid city _ 25 127-151 Taxpayer City NAtxpid st _ 2 152-153 Taxpayer State NAtxpid _zip 9 154-162 Taxpayer Zip Code NAtxpid contact 40 163-202 Taxpayer Contact Name NAtxpid_phone 10 203-212 Taxpayer Phone Number NAtxpid_fax- 10 213-222 Taxpayer Fax Number NAtxpid_fein 10 223-232 Taxpayer FEIN # NAjurdesc 40 233-272 Jurisdiction NAservprovid 40 273-312 Service Provider Najurcde 4 313-316 Jurisdiction Code NAtaxtype_desc 15 317-331 Tax Type NAratecde_desc 15 332-346 Rate Description NAgrosssales 10 347-356 Gross Sales Amount NAdeductions 10 357-366 Deductions Amount tax sa NAnet 10 367-376 Net Sales/Taxable Amount _ _ NAtax_rate 7 377-383 Tax Rate NAgross_tax 9 384-392 Gross Tax Amount NAdisc 9 393-401 Discount Amount NApenalty 9 402-410 Penalty Amount NAnet_tax du 9 411-419 Net Tax Due Amount NAtax_period 6 420-425 Tax Period I EXHIBIT B 0 OFFSITE WEB SERVER AND DATABASE SERVER HOSTED BY MCI WORLDCOM AT ITS DATA CENTER IN FAIRFAX, VA (Suburb of D.C.) (Information provided by MCIWorldCom pursuant to contract entered between NTO and MCIWorldCom) Hardware Specs: • Dedicated front-end web server: Compaq 255OR Server with dual 200 MHz Pentium Pro processors • Dedicated front-end database server: Compaq 2550R Server with dual 200 MHz Pentium Pro processors • RAID disk array • Connectivity to Internet: T-1 (1.5 Mbps) (this can be scaled up to 100Mbps) • Disk storage: 4000 MB Bandwidth and Connectivity: The NTO site is directly connected to a 100 Mbps full duplex FDDI (Fiber Data Distributed Interface) ring. There are multiple rings and the customer load is distributed across them. Multiple Cisco 7000 series routers connect the FDDI rings from dedicated customer connections. All machinery is fully redundant with ultra critical equipment (such as routers) having online fail over capabilities while the rest of the equipment is hot-swap capable. The FDDI rings are also resistant to physical breaks. 0 The FDDI rings are in turn connected to MCI WorldCom's UUNET backbone via multiple high-speed connections (OC-3 and DS-3). MCI WorldCom's Web hosting facility has diverse and redundant connections. The Facility is currently equipped with two OC-3 connections, one to Tyson's Comer, VA, and one to DC. There are five additional DS-3's: three going to Tyson's, and two to DC. The backbone itself is comprised of fully meshed, fully redundant 05- 3 components and OC-12 connections. The server is squarely on top of Internet fiber. Facilities and Power: MCI WorldCom hosts its Web servers in restricted access facilities equipped with UPS (Uninterruptable Power Supply) battery backup, a redundant diesel generator, as well as environmental controls and fire suppression devices. In the event that data cannot be restored on NTO's primary machine, MCI WorldCom safeguards the data integrity by maintaining cold spare machines. Physical Security: Security cards control access to the building, elevators and office suites. A separate security card is required to enter the computer room where MCI WorldCom's equipment is located. Any authorized visitors must be escorted into MCI WorldCom's computer room. A security camera for remote monitoring is in place. The telephone circuits used to provide network services terminate in a separately locked and powered room. The circuits run underground out of the building a mile into MCI WorldCom secured-access POPs. Network Security: ® The routers used to deliver traffic to and from the facility have general access lists in place that deny access to any unnecessary TCP/IP or UDP ports. The router and server software is patched against denial of service attacks (where someone attempts to flood the network with excess garbage traffic). The routers used to deliver traffic to and from the facility have general access lists in place that deny access to any unnecessary TCP/IP or UDP ports. The router and server software is patched against denial of service attacks (where someone attempts to flood the network with excess garbage traffic). In addition, MCI WorldCom employs a dual network topology for server hosting. All Internet traffic runs through network adapter 1, a 10mb Ethernet card running to an Ethernet switch. In the Windows NT 4.0 operating system, all non- TCP/IP services (such as NetBios) are not bound to this adapter. This allows public access to the machine only in the form of FTP and HTTP services, thereby reducing possible avenues of attack. A second network adapter in the Web server machine is connected to an internal l OObT network segment that is attached to a firewall allowing only authorized MCI WorldCom administrators and engineers access. On this adapter all necessary NT network services are bound for administrative purposes only. In addition, all backups are performed on this secondary administrative network, maximizing bandwidth for NTO. Server Access Control: MCI WorldCom employs a variety of security techniques to protect against intrusions: • Access restrictions at multiple levels • Secured procedures for administration • Security monitoring Access Restrictions: MCI WorldCom employs SSH software, which allows secure access to the Web server machine from the Web hosting clients. SSH allows NTO to access its server machine using encrypted (black) sessions, both for access to the shell account and for updating files. The MCI WorldCom staff accesses the sever machines via secure (SSH authenticated and encrypted) sessions. Access control filters are installed on all border routers to further protect this server complex. In addition, limited and specific IP source addresses of content developers can be specified so that access points are limited to fine granularity with TCP wrappers and via WU-FTP's access control mechanisms. 24. x 7 Management and Reliability: The Network Operations Center (NOC) is staffed and operational twenty-four hours and seven days a week. The NOC engineers are constantly looking at the output from the monitoring systems to identify outages and where possible, to identify and rectify potential outages before they happen. Redundancy at multiple levels decreases the likelihood of problems. In addition, MCI WorldCom ensures that a person will answer the phone at the NOC no matter what time there is a call. MCI WorldCom's proactive trend analysis ensures high performance and scalability of the system. Furthermore, the claims for 24 x 7 availability are backed by Service Level Agreements. Exhibit C - INFORMATION FLOW - ELECTRONIC FILING AND PAYMENT U- ..q W OSU c % X N TI ? ?D ?D N 1 N C U 3 w Xx CL at L1 0 O 0 N? ¦ Pf` O A CL O Debits Taxfiler account lunoooy s,4!0 slipajo X W 1-1 0 11 I ZNATIONT@x O LIN 11 11 Memo To: Honorable Mayor and Town Council From: Meryl Jacobs/Recreation Director Thru: Bill Efting/Town Manager Date: May 18, 2000 Re: Rollerblade concession Summary: Attached you will find a copy of the contract between the Town of Avon and Funke Skate and Hockey Supply. This contract allows for the provision of a rollerblade concession at the cabin this summer. The basics of the agreement are that Funke Skate will provide the Town with rollerblades, which staff will rent at the log cabin. Funke Skate will take 75% of the skate rental revenues and the Town will receive the remaining 25%. Recommended Action: Authorize the Mayor to sign the attached agreement between the Town of Avon and Funke Skate and Hockey Supply for the provision of a rollerblade concession at the log cabin. E PAVO ¦? , C O L O R A D O AGREEMENT This agreement is made and entered into this day of 2000, by and between the Town of Avon, Colorado, a municipal corporation (Town), and Funke Skate and Hockey Supply (concessionaire). Witnesseth WHEREAS, the town provides Nottingham Lake and the surrounding park (the facility) in the Town of Avon for the use and enjoyment of its residents and guests; and WHEREAS, in connection with the operation of the facility, the town has established various concessions; and WHEREAS, Funke Skate and Hockey Supply of Edwards, Colorado has agreed to supply these services for and with the Town, and WHEREAS, the town has agreed to enter into this agreement with Funke Skate and Hockey Supply to supply this service for the Summer season May 13th 2000, through September 3, 2000. NOW, THERFORE, in consideration of the mutual covenants and obligations herein expressed, it is mutually covenanted and agreed by and between the parties as follows: Section 1. Duration of the of the Agreement. This agreement shall be effective from the date of the agreement as entered above, until September 3, 2000, unless sooner terminated or renewed as herein provided: A. This agreement shall be renewable annually by a co-signed memo which stall stipulate any and all changes or addenda to items of agreement herein. Such agreement shall be signed at least sixty (60) days prior to the initial date of such concession rights. B. This agreement shall be terminated when one party serves written notice to the other party of its intention to terminate the agreement, provided such notice must be served at least twenty (20) days prior to termination. Section 2. Concession QlLerations. A. The rental season for 2000 will be from May 131', 2000, to September 3rd, 2000. The hours of rentals will be from 10:00 AM to 8:00 PM on a daily basis as stipulated herein. B. Rental rates shall be as follows: In-Lines skates - $6.00 per hour. All rental equipment shall be returned within the same day of cabin rental for overnight storage as required by the Town of Avon and the Concessionaire. All rentals shall be provided though the cabin. It is the responsibility of the Town to keep accurate records of rental times for each item of equipment on rental forms. 0 C. Number of items for rent. Due to the limited capability of the facility to accommodate rental and/or recreational demands, the concessionaire shall not supply more than eighty-two (82) pairs of in-line skates unless authorized in writing by the Town. D. Days and/or times of concession operation. It is understood that many and varied factors influence or dictate the schedule of the concession operation at the facility. Therefore, the Town reserves the right to cease concession operations, in part or whole, for portions of days, entire days or weeks, as it sees fit to protect the facility of the health, safety and welfare of its employees, clientele, residents or guests. The reasons to alter the concession operation at the facility shall include, but not necessarily be limited to, the capacity of the facility to accommodate public demand, use of the facility as a function of prior and separate agreements, weather conditions, special events, lake treatment programs and recreation programs. E. Storage of equipment is the responsibility of the Town. It is understood that due to the non-limiting factors referenced in Section 3, Sub section D of this agreement, the Town may require periodic removal of any or all of the concessionaire's equipment and assets from Town premises. F. Each and every individual renting equipment from the facility shall be subject to Town rules and regulations enforced for all other rentals and program restrictions. Including, but not necessarily limited to, waiver of liability, age restrictions and safety regulations. ® G. In consideration of the concession as stipulated herein, all fees collected by the Town of Avon and Funke Skate and Hockey Supply will be divided on a monthly basis. The Town will receive twenty-five (25) percent of gross revenues realized from the in-line skate concession, calculated before payment of applicable taxes. H. Funke Skate and Hockey Supply will provide all necessary maintenance on equipment needed to keep equipment in adequate operating condition. The above stated maintenance will include both preventative maintenance as well as repairs to damaged equipment. Section 3. Condition of the Agreement. It is further agreed by and between the Town of Avon and Funke Skate and Hockey Supply as follows: A. Funke Skate and Hockey Supply shall provide the Town with a liability insurance certificate naming Funke Skate and Hockey Supply in amounts not less than $1,000,000/$1,000,000, and naming the Town of Avon and its employees as additional insureds. Such insurance shall be in full force and effect for the duration of the 2000 concession season. Failure to produce and maintain said insurance shall immediately void this agreement and any obligation the Town may have relative to same. B. Funke Skate and Hockey Supply shall neither assign any of the rights nor delegate any of the duties imposed upon them under the provisions of this agreement without first obtaining written permission of the Town. n C. This agreement may not be modified, enlarged, or altered except in writing, signed is by the parties as an amendment hereto. Section 4. Notices. Any notices given by either party to other, pursuant to this agreement or pertaining to this agreement, shall be hand delivered or mailed postage paid as follows: TO: Funke Skate and Hockey Supply PO Box 2490 137 Main Street, Unit C-103E Edwards, CO 81632 ATTN: John Funke TO: Town of Avon PO Box 975 375 Benchmark RD Avon, CO 81620 ATTN: Meryl Jacobs Section 5. Severability. If ant part, section, sentence, clause or phrase of this agreement is for any reason to be held invalid, such decision shall not effect the validity of the remaining portions of this agreement. In witness whereof, the parties hereto have executed this agreement the day and year first above written. By: By: Attest: Kris Nash, Town Clerk Judy Yoder, Mayor Principal, Funke Skate and Hockey Supply 11 Memo To: Thru: From: Honorable Mayor and Town Council Bill Efting, Town Manager Norm Wood, Town Engineer a e: May 1R,200? Re: Lot C, Avon Center Storm Water Detention & Pollution Control Facilities Agreement Summary: The proposed development plan for Lot C, Avon Center includes construction of storm water and pollution control facilities on Town owned Tract G. These facilities will be located in the area of the small parking lot located north of The Seasons and across Benchmark Road from the Recreation Center. These facilities will be constructed underground and when restoration is complete, parking lot use and capacity should not be changed from existing conditions. Section 8.13 of the Amendment to the Development Agreement provides: "Proposed storm water detention and pollution control facilities located on Town owned property known as Tract G (the "Town Lot"), as depicted on the Development Plan for Tract C, are approved in concept only, by the Ordinance. Design, construction, and management of the storm water detention and pollution control facilities located on the Town Lot must be approved by the Town at a later date, and will be governed by a separate agreement which shall provide satisfactory assurances that such facilities will be operated and maintained at no cost to the Town and will be relocated or replaced at no cost to the Town in the event the facilities conflict with future development on the Town Lot." A draft Agreement has been prepared and is being reviewed by Vistana Development, Ltd. and Town Staff. We anticipate having an Agreement to distribute prior to the May 23 Council Meeting along with a recommendation for approval. Town Manager Comments: ?? q???..p• ? h?y?,?, rig -{,t?`C? G°`'ti' , o G? CAWINDOWS\TEMP\Me o Stormwater Agmt.Doc 1 FINANCIAL MATTERS 1. Cash Account Balances-April 2000 2. Revenues & Expenditures-April 2000 3. Detail-Real Estate Transfer Taxes-2000 4. Detail-Sales Tax Update 5. Detail-Accomodations Tax Update 6. Accounts Payable Listing 7. Manual Check Lisiting RECOMMENDED ACTION RECEIVE Items 1 through 5 APPROVE Items 6 and 7 TOWN OF AVON CASH ACCOUNT BALANCES April 30, 2000 INVESTMENTS INTEREST MATURITY AMOUNT GENERAL FUND: 1ST BANK OF AVON - CONCENTRATION COLOTRUST PLUS 5.37 5.84 ---- 755,322.31 ---- 3,854,097.64 COLOTRUST PRIME 6.02 ---- 1,240,751.48 FEDERATED INVESTORS-PRIME OBLIG 5.57 ---- 1,682,480.87 FEDERATED INVESTORS-TREAS OBLIG 5.73 ---- 1,882,127.94 C SAFE 5.84 ---- 1,104,518.24 FIRST BANK OF AVON - CD (6 months) 4.88 5/15/00 250,000.00 ALPINE BANK - CD (12 months) 4.50 5/18/00 250,000.00 11,019,298.48 WILDRIDGE SPECIAL ASSESSMENTS FUND: 1ST BANK AVON - C.D. LIQUID 3.75 ---- 84,562.81 TOTAL CASH BALANCE ALL FUNDS $ 11,103,861.29 i `05/12/00 TOWN OF AVON PAGE 1 ACCOUNT ING PERIOD: 4/00 PROGRAM REVENUE STATUS SELECTI ON CRITERIA: ALL FUND - 10 - GENERAL FUND FUNCTION - 10 - GENERAL FUND PERIOD YEAR TO DATE YTD/ ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD 51101 PROPERTY TAX - CURRENT 1,298,616.00 71,100.84 .00 411,855.98 886,760.02 .32 51102 PROPERTY TAX - DELINQUENT .00 .00 .00 62.15 -62.15 .00 51103 CURRENT & DELINQ INTEREST .00 20.63 .00 22.98 -22.98 .00 51201 SPECIFIC OWNERSHIP TAXES 150,000.00 17,504.58 .00 53,438.36 96,561.64 .36 51301 GENERAL SALES TAR 5,018,128.00 457,053.94 .00 1,2141067.41 3,804,060.59 .24 51302 UTILITY TAX 65,000.00 6,793.10 .00 20,275.59 44,724.41 .31 51304 PENALTIES & INTEREST 10,000.00 417.31 .00 3,669.76 6,330.24 .37 51402 FRANCHISE FEE 190,000.00 42,348.30 .00 51,616.69 138,383.31 .27 TOTAL TARES 6,731,744.00 595,238.70 .00 1,755,008.92 4,976,735.08 .26 52101 LIQUOR LICENSES 2,500.00 .00 .00 2,471.25 28.75 .99 52102 BUSINESS LICENSES 17,500.00 1,200.00 .00 6,226.00 11,274.00 .36 52103 CONTRACTOR'S LICENSES 9,000.00 1,960.00 .00 6,165.83 2,834.17 .69 52201 BUILDING PERMITS 185,000.00 47,405.69 .00 126,693.86 58,306.14 .68 52202 ELECTRICAL PERMITS 20,000.00 6,138.69 .00 8,939.84 11,060.16 .45 52203 PLUMBING PERMITS 25,000.00 6,222.25 .00 7,921.65 17,078.35 .32 52204 MECHANICAL PERMITS 25,000.00 8,957.86 .00 11,667.29 13,332.71 .47 52205 ROAD CUT PERMITS 2,500.00 360.00 .00 820.00 1,680.00 .33 52206 OTHER PERMITS 7,500.00 2,978.25 .00 4,196.69 3,303.31 .56 TOTAL LICENSES AND PERMITS 294,000.00 75,222.74 .00 175,102.41 118,897.59 .60 53101 COPS GRANT .00 3,022.77 .00 3,022.77 -3,022.77 .00 53299 OTHER STATE GRANTS .00 .00 .00 3,100.00 -3,100.00 .00 53301 CONSERVATION TRUST 25,000.00 .00 .00 7,913.66 17,086.34 .32 53302 MOTOR VEHICLE REG FEES 20,000.00 1,407.78 .00 4,613.40 15,386.60 .23 53303 HIGHWAY USERS TAR 152,498.00 15,306.40 .00 39,422.88 113,075.12 .26 53304 CIGARETTE TAX 55,000.00 .00 .00 4,644.64 50,355.36 .08 53305 EAGLE COUNTY SALES TAR 225,000.00 19,626.58 .00 47,526.67 177,473.33 .21 53306 EAGLE COUNTY ROAD & BRIDG 95,000.00 32,678.50 .00 32,678.50 62,321.50 .34 TOTAL INTERGOVERNMENTAL 572,498.00 72,042.03 .00 142,922.52 429,575.48 .25 54101 SALE OF MAPS & PUBLICATIO 1,500.00 5.00 .00 55.00 1,445.00 .04 54102 PHOTOCOPYING CHARGES 500.00 85.50 .00 636.35 -136.35 1.27 54103 LICENSE HEARING FEES 100.00 .00 .00 .00 100.00 .00 54104 OTHER FEES & CHARGES 1,500.00 .00 .00 .00 1,500.00 .00 54201 PLAN CHECK FEES 140,000.00 29,727.14 .00 39,971.10 100,028.90 .29 54202 SUBDIVISION REVIEW FEES 8,000.00 150.00 .00 590.00 7,410.00 .07 54203 DESIGN REVIEW FEES 12,500.00 757.50 .00 6,193.90 6,306.10 .50 54204 ANIMAL CONTROL FEES 1,000.00 60.00 .00 230.00 770.00 .23 54301 POLICE REPORTS 250.00 42.00 .00 185.00 65.00 .74 54302 OFF-DUTY POLICE EMPLOYMNT 2,500.00 627.54 .00 1,938.89 561.11 .78 54303 FINGERPRINTING FEES 1,000.00 82.00 .00 465.00 535.00 .47 54304 V.I.N. INSPECTION FEES 10,000.00 830.00 .00 3,406.00 6,594.00 .34 54601 AVON REC CTR ADMISSIONS 920,000.00 61,315.50 .00 295,265.66 624,734.34 .32 54602 AVON REC CTR PROGRAM FEES 40,000.00 3,579.00 .00 16,042.50 23,957.50 .40 54603 AVON REC CTR FACILITY REN 6,500.00 1,067.50 .00 1,682.50 4,81730 .26 54604 SALES OF MERCHANDISE 6,000.00 591.50 .00 3,829.50 2,170.50 .64 54605 BABYSITTING 8,500.00 792.00 .00 3,642.50 4,857.50 .43 RUN DATE 05/12/00 TIME 08:54:49 PENTA14ATION - FUND ACCOUNTING MANAGER 01 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 10 - GENERAL FUND FUNCTION - 10 - GENERAL FUND ACCOUNT - - - - - TITLE 54606 OTHER SERVICES 54607 FITNESS PROGRAM REVENUES 54651 ADULT PROGRAM FEES 54652 CABIN EQUIPMENT RENTALS 54653 RENTALS - ATHLETIC FIELD 54654 CABIN CONCESSIONS 54655 YOUTH PROGRAM REVENUES 54676 SPONSORSHIPS 54677 ADVERTISING SALES 54678 SPECIAL EVENT FEES TOTAL CHARGES FOR SERVICES 55101 COURT FINES - TRAFFIC 55102 COURT FINES - CRIMINAL 55103 COURT FINES - PARKING 55104 COURT FINES - GENERAL 55105 COURT COSTS 55106 JURY FEES 55107 COURT RESTITUTION 55108 FOOD FINES TOTAL FINES AND FORFEITURES 57101 INTEREST EARNINGS TOTAL INVESTMENT EARNINGS 58101 RECREATIONAL AMENITY FEES 58201 LEASE OF TOWN OWNED PROP 58202 CASH SHORT & OVER 58204 RETURNED CHECK FEE 58205 INSURANCE CLAIM REIMBURSE 58206 TELEPHONE RECEIPTS 58207 MISCELLANEOUS REFUNDS 58998 PETTY CASH CHECK REIMBURS 58999 MISC NONCLASSIFIED REVENU TOTAL OTHER REVENUES 59101 SALE OF FIXED ASSETS 59303 CAPITAL LEASE PROCEEDS TOTAL OTHER SOURCES TOTAL GENERAL FUND TOTAL GENERAL FUND TOWN OF AVON PAGE 2 PROGRAM REVENUE STATUS PERIOD YEAR TO DATE YTD/ BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD 18,000.00 1,112.00 .00 6,111.92 11,888.08 .34 11,378.00 665.00 .00 2,871.25 8,506.75 .25 36,016.00 1,140.50 .00 9,036.00 26,980.00 .25 41,000.00 .00 .00 2,854.00 38,146.00 .07 3 3,500.00 - 1" 7,880.00 .00 .00 341.16 7,538.84 .04 86,872.00 3,942.50 .00 15,491.25 71,380.75 .18 25,050.00 350.00 .00 4,850.00 20,200.00 .19 3,600.00 1,404.83 .00 1,904.83 1,695.17 .53 12,950.00 300.00 .00 2,185.50 10,764.50 .17 1,406,096.00 108,822.01 .00 420,394.81 985,701.19 .30 9,000.00 556.00 .00 1,732.00 7,268.00 .19 32,000.00 1,340.00 .00 9,880.50 22,119.50 .31 5,000.00 376.00 .00 1,802.00 3,198.00 .36 500.00 .00 .00 300.00 200.00 .60 3,500.00 301.00 .00 1,047.00 2,453.00 .30 350.00 35.00 .00 105.00 245.00 .30 1,750.00 .00 .00 .00 1,750.00 .00 25.00 .00 .00 .00 25.00 .00 52,125.00 2,608.00 .00 14,866.50 37,258.50 .29 375,000.00 48,574.66 .00 161,000.88 213,999.12 .43 375,000.00 48,574.66 .00 161,000.88 213,999.12 .43 160,000.00 2,535.51 .00 57,867.14 102,132.86 .36 162,105.00 1,283.24 .00 3,758.06 158,346.94 .02 .00 11.15 .00 474.07 -474.07 .00 .00 25.00 .00 32.00 -32.00 .00 .00 .00 .00 593.04 -593.04 .00 .00 107.10 .00 592.43 -592.43 .00 .00 .00 .00 934.71 -934.71 .00 .00 23.11 .00 73.50 -73.50 .00 100,000.00 8,800.28 .00 108,028.53 -8,028.53 1.08 422,105.00 12,785.39 .00 172,353.48 249,751.52 .41 25,000.00 .00 .00 .00 25,000.00 .00 97,537.00 .00 .00 .00 97,537.00 .00 122,537.00 .00 .00 .00 122,537.00 .00 9,976,105.00 915,293.53 .00 2,841,649.52 7,134,455.48 .28 9,976,105.00 915,293.53 .00 2,841,649.52 7,134,455.48 .28 RUN DATE 05/12/00 TIME 08:54:50 PENTAMATION - FUND ACCOUNTING MANAGER e •05/12/00 TOWN OF AVON PAGE 1 ACCOUNTING PERIOD: 4/00 PROGRAM EXPENDITURE SUMMARY SELECTION CRITERIA: ALL FUND - 10 - GENERAL FUND PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING ENC + ERP BALANCE BUD 111 MAYOR AND TOWN COUNCIL 94,768.00 7,936.46 .00 43,010.20 51,757.80 .45 112 BOARDS AND COMMISSIONS 18,927.00 1,555.14 .00 4,304.88 14,622.12 .23 113 TOWN ATTORNEY 112,524.00 7,832.77 .00 31,507.13 81,016.87 .28 114 PUBLIC RELATIONS 294,500.00 4,053.25 .00 125,217.43 169,282.57 .43 115 TOWN CLERK 68,198.00 4,611.99 .00 19,277.71 48,920.29 .28 TOTAL LEGISLATIVE 588,917.00 25,989.61 .00 223,317.35 365,599.65 .38 121 MUNICIPAL COURT 54,107.00 3,709.32 .00 14,758.38 39,348.62 .27 TOTAL JUDICIAL 54,107.00 3,709.32 .00 14,758.38 39,348.62 .27 131 TOWN MANAGER 224,122.00 20,588.49 .00 72,535.45 151,586.55 .32 132 HUMAN RESOURCES 176,717.00 12,230.12 .00 53,773.88 122,943.12 .30 TOTAL TOWN MANAGER 400,839.00 32,818.61 .00 126,309.33 274,529.67 .32 TOTAL GENERAL GOVERNMENT 1,043,863.00 62,517.54 .00 364,385.06 679,477.94 .35 141 FINANCE 414,405.00 22,759.77 .00 105,238.75 309,166.25 .25 143 INFORMATION SYSTEMS 159,982.00 11,528.44 .00 44,112.10 115,869.90 .28 149 NONDEPARTMENTAL 228,954.00 5,335.31 .00 106,152.05 122,801.95 .46 TOTAL FINANCE AND ADMINISTRATIO 803,341.00 39,623.52 .00 255,502.90 547,838.10 .32 TOTAL FINANCE AND ADMINISTRATIO 803,341.00 39,623.52 .00 255,502.90 547,838.10 .32 211 ADIMINSTRATION 224,853.00 16,526.04 .00 67,509.51 157,343.49 .30 212 PLANNING 134,456.00 10,127.48 .00 36,082.09 98,373.91 .27 213 BUILDING INSPECTION 246,339.00 17,550.63 .00 74,913.27 171,425.73 .30 214 COMMUNITY SERVICE .00 226.65 .00 10,057.37 -10,057.37 .00 TOTAL COMMUNITY DEVELOP DEPT 605,648.00 44,430.80 .00 188,562.24 417,085.76 .31 TOTAL COMMUNITY DEVELOPMENT 605,648.00 44,430.80 .00 188,562.24 417,085.76 .31 311 ADMINISTRATION 405,558.00 18,491.66 .00 77,500.90 328,057.10 .19 312 PATROL 931,634.00 63,277.12 .00 439,288.51 492,345.49 .47 313 INVESTIGATION 78,688.00 5,657.58 .00 19,131.70 59,556.30 .24 314 COMMUNITY POLICING 83,144.00 4,417.73 .00 13,220.81 69,923.19 .16 315 NEIGHBORHOOD SERVICES 79,902.00 4342.60 .00 11,882.61 68,019.39 .15 TOTAL POLICE DEPARTMENT 1,578,926.00 96,186.69 .00 561,024.53 1,017,901.47 .36 TOTAL PUBLIC SAFETY 1,578,926.00 96,186.69 .00 561,024.53 1,017,901.47 .36 411 ADMINISTRATION 178,680.00 10,135.58 .00 49,443.28 129,236.72 .28 412 ENGINEERING 164,769.00 11,503.69 .00 47,980.04 116,788.96 .29 413 ROADS AND STREETS 909,833.00 58,728.16 .00 253,403.95 656,429.05 .28 414 FACILITIES MAINTENANCE 302,859.00 29,345.31 .00 92,797.53 210,061.47 .31 415 PARKS 930,277.00 45,824.03 .00 240,782.24 689,494.76 .26 TOTAL PUBLIC WORKS DEPARTMENT 2,486,418.00 155,536.77 .00 684,407.04 1,802,010.96 .28 TOTAL PUBLIC WORKS 2,486,418.00 155,536.77 .00 684,407.04 1,802,010.96 .28 513 SPECIAL EVENTS 289,726.00 8,515.29 .00 75,453.28 214,272.72 .26 RUN DATE 05/12/00 TIME 08:52:04 PENTAMATION - FUND ACCOUNTING MANAGER f 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 10 - GENERAL FUND ACCOUNT - - - - - TITLE 514 RECREATION ADMINISTRATION 515 RECREATION ADULT PROGRAMS 516 AQUATICS 517 RECREATION CHILDCARE 518 FITNESS 519 RECREATION FRONT DESK 520 RECREATION MAINTENANCE 521 RECREATION YOUTH PROGRAMS TOTAL RECREATION DEPARTMENT TOTAL RECREATION AND CULTURE 600 OTHER USES & CONTINGENCY TOTAL OTHER USES & CONTINGENCY TOTAL OTHER USES & CONTINGENCY TOTAL GENERAL FUND TOWN OF AVON PROGRAM EXPENDITURE SUMMARY PAGE 2 PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD 379,620.00 20,121.58 .00 117,426.72 262,193.28 .31 110,783.00 5,049.59 .00 29,397.33 81,385.67 .27 351,347.00 23,894.99 .00 103,359.90 247,987.10 .29 71,684.00 4,321.83 .00 20,507.54 51,176.46 .29 129,455.00 8,885.72 .00 39,994.60 89,460.40 .31 232,161.00 16,538.74 .00 74,930.92 157,250.08 .32 554,981.00 33,336.32 .00 134,7??0 i20,20? 93,556.00 4,461.71 .00 25,283.88 68,272.12 .27 2,213,333.00 125,125.77 .00 621,135.07 1,592,197.93 .28 2,213,333.00 125,125.77 .00 621,135.07 1,592,197.93 .28 1,518,994.00 .00 .00 1,518,994.00 .00 1.00 1,518,994.00 .00 .00 1,518,994.00 .00 1.00 1,518,994.00 .00 .00 1,518,994.00 .00 1.00 10,250,523.00 523,421.09 .00 4,194,010.84 6,056,512.16 .41 RUN DATE 05/12/00 TIME 08:52:07 PENTAMATION - FUND ACCOUNTING MANAGER I 05/12/00 TOWN OF AVON PAGE 3 ACCOUNTING PERIOD: 4/00 PROGRAM REVENUE STATUS SELECTION CRITERIA: ALL FUND - 21 - MALL MAINTENANCE FUND FUNCTION - 21 - MALL MAINTENANCE FUND PERIOD YEAR TO DATE YTD/ ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD 58105 MALL MAINTENANCE FEES 33,491.00 5,100.68 .00 12,076.51 21,414.49 .36 TOTAL OTHER REVENUES 33,491.00 5,100.68 .00 12,076.51 21,414.49 .36 59201 OPERATING TRANSFERS IN 35,000.00 .00 .00 35,000.00 .00 1.00 TOTAL OTHER SOURCES 35,000.00 .00 .00 35.00 ?2?- -?6II TOTAL MALL MAINTENANCE FUND 68,491.00 5,100.68 .00 47,076.51 21,414.49 .69 TOTAL MALL MAINTENANCE FUND 68,491.00 5,100.68 .00 47,076.51 21,414.49 .69 RUN DATE 05/12/00 TIME 08:54:50 PENTAMATION - FUND ACCOUNTING MANAGER OS/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 21 - MALL MAINTENANCE FUND ACCOUNT - - - - - TITLE - - - - - 417 MALL MAINTENANCE TOTAL PUBLIC WORKS DEPARTMENT TOTAL PUBLIC WORKS TOTAL MALL MAINTENANCE FUND TOWN OF AVON PROGRAM EXPENDITURE SUMMARY PAGE 3 PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD 82,649.00 3,740.18 .00 16,639.97 66,009.03 .20 82,649.00 3,740.18 .00 16,639.97 66,009.03 .20 82,649.00 3,740.18 .00 16,639.97 66,009.03 .20 82,649.00 3,740.18 .00 16,639.97 66,009.03 .20 RUN DATE 05/12/00 TIME 08:52:07 PENTAMATION - FUND ACCOUNTING MANAGER i 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 22 - FIRE OPERATIONS FUNCTION - 22 - FIRE OPERATIONS ACCOUNT - - - - - TITLE 53501 CONTRACTED FIRE OPERATION 53502 NON-DISTRICT FIRE PROTECT 53503 TOTAL OTHER FIRE REVENUE INTERGOVERNMENTAL 58201 LEASE OF TOWN OWNED PROP 58205 INSURANCE CLAIM REIMBURSE 58207 MISCELLANEOUS REFUNDS 58998 PETTY CASH CHECK REIMBURS 58999 MISC NONCLASSIFIED REVENU TOTAL OTHER REVENUES 59201 OPERATING TRANSFERS IN 59303 CAPITAL LEASE PROCEEDS TOTAL OTHER SOURCES TOTAL FIRE OPERATIONS TOTAL FIRE OPERATIONS TOWN OF AVON PAGE 4 PROGRAM REVENUE STATUS PERIOD YEAR TO DATE YTD/ BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD 1,581,721.00 279,964.59 .00 675,849.19 905,871.81 .43 20,000.00 1,330.10 .00 27,305.30 -7,305.30 1.37 5,000.00 634.01 .00 4,502.73 497.27 .90 1,606,721.00 281,928.70 .00 707,657.22 899,063.78 .44 .00 .00 .00 225.00 -225.00 .00 .00 .00 .00 2,656.24 -2,656.24 .00 .00 90.72 .00 90.72 -90.72 .00 .00 2.91 .00 2.91 -2.91 .00 .00 .00 .00 98.17 -98.17 .00 .00 93.63 .00 3,073.04 -3,073.04 .00 294,333.00 .00 .00 294,333.00 .00 1.00 426,300.00 .00 .00 .00 426,300.00 .00 720,633.00 .00 .00 294,333.00 426,300.00 .41 2,327,354.00 282,022.33 .00 1,005,063.26 1,322,290.74 .43 2,327,354.00 282,022.33 .00 1,005,063.26 1,322,290.74 .43 RUN DATE 05/12/00 TIME 08:54:51 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 22 - FIRE OPERATIONS ACCOUNT - - - - - TITLE - - - - - 321 ADMINISTRATION 322 EMERGENCY RESPONSE 323 FIRE PREVENTION/PUBLIC ED 324 TRAINING TOTAL FIRE DEPARTMENT TOTAL PUBLIC SAFETY TOTAL FIRE OPERATIONS TOWN OF AVON PROGRAM EXPENDITURE SUMMARY BUDGET 382,014.00 1,630,983.00 168,054.00 146,303.00 2,327,354.00 2,327,354.00 2,327,354.00 PAGE 4 PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD 66,188.26 .00 215,064.95 166,949.05 .56 124,028.07 .00 362,553.84 1,268,429.16 .22 9,716.73 .00 46,531.64 121,522.36 .28 15,312.78 .00 44,512.76 101,790.24 .30 215,245.84 .00 668,663.19 1,658,690.81 .29 - 215,245.84 .00 - - - 668,??.19 69 0? 1 215,245.84 .00 668,663.19 1,658,690.81 .29 RUN DATE 05/12/00 TIME 08:52:09 PENTA14ATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 23 - EMPLOYES HOUSING FUND FUNCTION - 23 - EMPLOYEE HOUSING FUND ACCOUNT - - - - - TITLE - - - - - BUDGET 54551 RENTAL REVENUES-EMPLOYEES 59,508.00 54552 RENTAL SUBSIDIES 6,612.00 54553 EMPLOYES HOUSING MTC .00 TOTAL CHARGES FOR SERVICES 66,120.00 TOWN OF AVON PROGRAM REVENUE STATUS PERIOD YEAR TO DATE YTD/ RECEIPTS RECEIVABLES REVENUE BALANCE BUD 1,636.00 .00 17,794.63 41,713.37 .30 .00 .00 .00 6,612.00 .00 .00 .00 150.00 -150.00 .00 1,636.00 .00 17,944.63 48,175.37 .27 PAGE 5 TOTAL EMPLOYEE HOUSING FUND 66,120.00 TOTAL EMPLOYEE HOUSING FUND 66,120.00 1,636.00 .00 17,944.63 48,175.37 .27 1,636.00 .00 17,944.63 48,175.37 .27 RUN DATE 05/12/00 TIME 08:54:51 PENTAMATION - FUND ACCOUNTING MANAGER OS/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 23 - EMPLOYEE HOUSING FUND ACCOUNT - - - - - TITLE - - - - - 436 EMPLOYEE HOUSING TOTAL TRANSPORTATION TOTAL PUBLIC WORKS TOTAL EMPLOYEE HOUSING FUND TOWN OF AVON PROGRAM EXPENDITURE SUMMARY PAGE 5 PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD 66,120.00 5,440.00 .00 27,200.00 38,920.00 .41 66,120.00 5,440.00 .00 27,200.00 38,920.00 .41 66,120.00 5,440.00 .00 27,200.00 38,920.00 .41 66,120.00 5,440.00 .00 27,200.00 38,920.00 .41 RUN DATE 05/12/00 TIME 08:52:09 PENTAMATION - FUND ACCOUNTING MANAGER r -05/12/00 TOWN OF AVON PAGE 6 ACCOUNTING PERIOD: 4/00 PROGRAM REVENUE STATUS SELECTION CRITERIA: ALL FUND - 24 - WATER FUND FUNCTION - 24 - WATER FUND PERIOD YEAR TO DATE YTD/ ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD 54401 WATER USAGE CHARGES 110,370.00 8,879.40 .00 26,552.15 83,817.85 .24 54402 TAP FEES - GENERAL 120,000.00 .00 .00 26,318.00 93,682.00 .22 54403 TAP FEES - BROOKSIDE .00 .00 .00 16,000.00 -16,000.00 .00 54404 TAP FEES - MOUNTAIN STAR 20,000.00 .00 .00 21,464.00 -1,464.00 1.07 TOTAL CHARGES FOR SERVICES 250,370.00 8,879.40 .00 90,334.15 160,035.85 .36 57101 INTEREST EARNINGS 50,000.00 .00 .00 .00 50,000.00 .00 TOTAL INVESTMENT EARNINGS 50,000.00 .00 .00 .00 50,000.00 .00 58999 MISC NONCLASSIFIED REVENU 4,500.00 .00 .00 .00 4,500.00 .00 TOTAL OTHER REVENUES 4,500.00 .00 .00 .00 4,500.00 .00 59101 SALE OF FIRED ASSETS 22,000.00 .00 .00 .00 22,000.00 .00 TOTAL OTHER SOURCES 22,000.00 .00 .00 .00 22,000.00 .00 TOTAL WATER FUND 326,870.00 8,879.40 .00 90,334.15 236,535.85 .28 TOTAL WATER FUND 326,870.00 8,879.40 .00 90,334.15 236,535.85 .28 RUN DATE 05/12/00 TIME 08:54:51 PENTAMATION - FUND ACCOUNTING MANAGER 4 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 24 - WATER FUND ACCOUNT - - - - - TITLE - - - - - 424 WATER UTILITIES TOTAL UTILITIES TOTAL PUBLIC WORKS TOTAL WATER FUND TOWN OF AVON PROGRAM EXPENDITURE SUMMARY PERIOD ENCUMBRANCES BUDGET EXPENDITURES OUTSTANDING 162,527.00 7,756.74 .00 162,527.00 7,756.74 .00 162,527.00 7,756.74 .00 162,527.00 7,756.74 .00 PAGE 6 YEAR TO DATE AVAILABLE YTD/ ENC + EXP BALANCE BUD 50,147.12 112,379.88 .31 50,147.12 112,379.88 .31 50,147.12 112,379.88 .31 50,147.12 112,379.88 .31 RUN DATE 05/12/00 TIME 08:52:09 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 31 - BOND REDEMPTION FUND FUNCTION - 31 - BOND REDEMPTION FUND ACCOUNT - - - - - TITLE - - - - - 51101 PROPERTY TAX - CURRENT 51102 PROPERTY TAX - DELINQUENT 51103 CURRENT & DELINQ INTEREST TOTAL TAXES 59201 OPERATING TRANSFERS IN TOTAL OTHER SOURCES TOTAL BOND REDEMPTION FUND TOTAL BOND REDEMPTION FUND TOWN OF AVON PAGE 7 PROGRAM REVENUE STATUS PERIOD YEAR TO DATE YTD/ BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD 774,104.00 42,768.49 .00 247,739.13 526,364.87 .32 .00 .00 .00 37.38 -37.38 .00 .00 12.41 .00 13.82 -13.82 .00 774,104.00 42,780.90 .00 247,790.33 526,313.67 .32 399,890.00 .00 .00 399,890.00 .00 1.00 399,890.00 .00 .00 399,890.00 .00 1.00 1,173,994.00 42,780.90 .00 647,680.33 526,313.67 .55 1,173,994.00 42,780.90 .00 647,680.33 526,313.67 .55 RUN DATE 05/12/00 TIME 08:54:51 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 31 - BOND REDEMPTION FUND ACCOUNT - - - - - TITLE - - - - - 911 BOND REDEMPTION TOTAL BOND REDEMPTION 916 1996 G.O. REFUNDING BONDS TOTAL 1996 G.O. REFUNDING BONDS 917 1997 G.O. BONDS TOTAL 1997 G.O. BONDS 919 1999 SALES TAR REFUND ISS TOTAL 1999 SALES TAX REFUND ISS TOTAL DEBT SERVICE TOTAL BOND REDEMPTION FUND TOWN OF AVON PROGRAM EXPENDITURE SUMMARY PERIOD BUDGET EXPENDITURES 25,798.00 855.62 25,798.00 855.62 540,728.00 .00 540,728.00 .00 217,578.00 .00 217,578.00 .00 489,890.00 .00 489,890.00 .00 1,273,994.00 855.62 1,273,994.00 855.62 PAGE 7 ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ OUTSTANDING ENC + EXP BALANCE BUD 00 5,031.29 20,766.71 .20 .00 5,031.29 20,766.71 .20 .00 .00 540,728.00 .00 .00 .00 540,728.00 .00 .00 .00 217,578.00 .00 .00 .00 217,578.00 .00 .00 107,445.00 382,445.00 .22 .00 107,445.00 382,445.00 .22 .00 112,476.29 1,161,517.71 .09 .00 112,476.29 1,161,517.71 .09 RUN DATE 05/12/00 TIME 08:52:09 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 32 - WILDRIDGE SPECIAL ASSESSM FUNCTION - 32 - WILDRIDGE SPECIAL ASSESSM ACCOUNT 56101 56201 TOTAL 57101 TOTAL 59201 TOTAL TOTAL TOTAL - - - - - TITLE - - - - - SPECIAL ASSESSMNTS - PRIM SPECIAL ASSESSMNTS - INT SPECIAL ASSESSMENTS INTEREST EARNINGS INVESTMENT EARNINGS OPERATING TRANSFERS IN OTHER SOURCES WILDRIDGE SPECIAL ASSESSM WILDRIDGE SPECIAL ASSESSM TOWN OF AVON PAGE 8 PROGRAM REVENUE STATUS PERIOD YEAR TO DATE YTD/ BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD 35,000.00 2,688.44 .00 16,420.60 18,579.40 .47 22,000.00 1,415.23 .00 9,422.76 12,577.24 .43 57,000.00 4,103.67 .00 25,643.36 31,156.64 .45 2,000.00 ---- 3,980 56 ------ .00 - - --- 4,449.04 -2,449.04- -2-.1-2 2,000.00 3,980.56 .00 4,449.04 -2,449.04 2.22 15,211.00 .00 .00 15,211.00 .00 1.00 15,211.00 .00 .00 15,211.00 .00 1.00 74,211.00 8,084.23 .00 45,503.40 28,707.60 .61 74,211.00 8,084.23 .00 45,503.40 28,707.60 .61 RUN DATE 05/12/00 TIME 08:54:52 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 32 - WILDRIDGE SPECIAL ASSESSM ACCOUNT - - - - - TITLE - - - - - 912 WILDRIDGE SPECIAL ASSESSM TOTAL WILDRIDGE SPECIAL ASSESSM TOTAL DEBT SERVICE TOTAL WILDRIDGE SPECIAL ASSESSM TOWN OF AVON PROGRAM EXPENDITURE SUMMARY PAGE 8 PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD 94,200.00 123.11 .00 775.30 93,424.70 .01 94,200.00 123.11 .00 775.30 93,424.70 .01 94,200.00 123.11 .00 775.30 93,424.70 .01 94,200.00 123.11 .00 775.30 93,424.70 .01 RUN DATE 05/12/00 TIME 08:52:10 PENTAMATION - FUND ACCOUNTING MANAGER •05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 33 - AVON METRO DISTRICT FUND FUNCTION - 33 - AVON METRO DISTRICT FUND ACCOUNT - - - - - TITLE - - - - - BUDGET 51101 PROPERTY TAE - CURRENT 565,628.00 51102 PROPERTY TAE - DELINQUENT .00 51103 CURRENT 4 DELINQ INTEREST .00 TOTAL TAXES 565,628.00 TOWN OF AVON PROGRAM REVENUE STATUS PAGE 9 PERIOD YEAR TO DATE YTD/ RECEIPTS RECEIVABLES REVENUE BALANCE BUD 31,044.84 .00 174,674.59 390,953.41 .31 .00 .00 30.29 -30.29 .00 9.15 .00 10.29 -10.29 .00 31,053.99 .00 174,715.17 390,912.83 .31 57101 INTEREST EARNINGS 1,000.00 .00 00 .00 1,000.00 .00 TOTAL INVESTMENT EARNINGS 1,000.00 .00 .00 .00 1,000.00 .00 TOTAL AVON METRO DISTRICT FUND 566,628.00 31,053.99 .00 174,715.17 391,912.83 .31 TOTAL AVON METRO DISTRICT FUND 566,628.00 31,053.99 .00 174,715.17 391,912.83 .31 RUN DATE 05/12/00 TIME 08:54:52 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 33 - AVON METRO DISTRICT FUND ACCOUNT - - - - - TITLE - - - - - 913 AVON METROPOLITAN FUND TOTAL AVON METROPOLITAN FUND TOTAL AVON METROPOLITAN FUND TOTAL AVON METRO DISTRICT FUND TOWN OF AVON PROGRAM EXPENDITURE SUMMARY PAGE 9 PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD 566,628.00 218,889.12 .00 283,229.55 283,398.45 .50 566,628.00 278,889.12 .00 283,229.55 283,398.45 .50 566,628.00 278,889.12 .00 283,229.55 283,398.45 .50 566,628.00 278,889.12 .00 283,229.55 283,398.45 .50 RUN DATE 05/12/00 TIME 08:52:10 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 TOWN OF AVON PAGE 10 ACCOUNTING PERIOD: 4/00 PROGRAM REVENUE STATUS SELECTION CRITERIA: ALL FUND - 34 - FINANCE AUTHORITY DS FUND FUNCTION - 34 - FINANCE AUTHORITY DS FUND PERIOD YEAR TO DATE YTD/ ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD 57101 INTEREST EARNINGS 28,000.00 .00 .00 .00 28,000.00 .00 TOTAL INVESTMENT EARNINGS 28,000.00 .00 .00 .00 28,000.00 .00 59201 OPERATING TRANSFERS IN 536,570.00 .00 .00 536,570.00 .00 1.00 TOTAL OTHER SOURCES 536,570.00 .00 .00 3G,5T6 .00-- -1:0II TOTAL FINANCE AUTHORITY DS FUND 564,570.00 .00 .00 536,570.00 28,000.00 .95 TOTAL FINANCE AUTHORITY DS FUND 564,570.00 .00 .00 536,570.00 28,000.00 .95 RUN DATE 05/12/00 TIME 08:54:52 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 34 - FINANCE AUTHORITY DS FUND ACCOUNT - - - - - TITLE - - - - - 920 FINANCE AUTHORITY DS FUND TOTAL FINANCE AUTHORITY DS FUND TOTAL DEBT SERVICE TOTAL FINANCE AUTHORITY DS FUND TOWN OF AVON PROGRAM EXPENDITURE SUMMARY PAGE 10 PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ BUDGET EXPENDITURES OUTSTANDING ENC + ERP BALANCE BUD 564,570.00 147,540.09 .00 147,540.09 417,029.91 .26 564,570.00 147,540.09 .00 147,540.09 417,029.91 .26 564,570.00 147,540.09 .00 147,540.09 417,029.91 .26 564,570.00 147,540.09 .00 147,540.09 417,029.91 .26 RUN DATE 05/12/00 TIME 08:52:10 PENTAMATION - FUND ACCOUNTING MANAGER -05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 41 - CAPITAL PROJECTS FUND FUNCTION - 41 - CAPITAL PROJECTS FUND ACCOUNT - - - - - TITLE - - - - - BUDGET 51401 REAL ESTATE TRANSFER TAR 1,050,000.00 TOTAL TAXES 1,050,000.00 53201 CDOT GRANT 80,000.00 TOWN OF AVON PROGRAM REVENUE STATUS PERIOD YEAR TO DATE RECEIPTS RECEIVABLES REVENUE 134,452.18 .00 508,959.68 134,452.18 .00 508,959.68 .00 .00 .00 PAGE 11 YTD/ BALANCE BUD 541,040.32 .48 541,040.32 .48 80,000.00 .00 53401 LOCAL INTERGOV PARTICIPAT 590,000.00 .00 .00 - - --------- - .00 --- - --- --------- 590,000.00 .00 TOTAL INTERGOVERNMENTAL 670,000.00 .00 .00 .00 670,000.00 .00 57101 INTEREST EARNINGS 113,093.00 834.03 .00 3,772.60 109,320.40 .03 TOTAL INVESTMENT EARNINGS 113,093.00 834.03 .00 3,772.60 109,320.40 .03 58102 UTILITY CAPITAL PAC FEE 2,000.00 .00 .00 681.50 1,318.50 .34 58104 FIREPLACE FEES 9,000.00 .00 .00 1,500.00 7,500.00 .17 58999 MISC NONCLASSIFIED REVENU .00 195.00 .00 253.39 -253.39 .00 TOTAL OTHER REVENUES 11,000.00 195.00 .00 2,434.89 8,565.11 .22 TOTAL CAPITAL PROJECTS FUND 1,844,093.00 135,481.21 .00 515,167.17 1,328,925.83 .28 TOTAL CAPITAL PROJECTS FUND 1,844,093.00 135,481.21 .00 515,167.17 1,328,925.83 .28 RUN DATE 05/12/00 TIME 08:54:52 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 41 - CAPITAL PROJECTS FUND ACCOUNT - - - - - TITLE - - - - - 800 CAPITAL IMPROVEMENT TOTAL CAPITAL IMPROVEMENT TOTAL CAPITAL IMPROVEMENT TOTAL CAPITAL PROJECTS FUND TOWN OF AVON PROGRAM EXPENDITURE SUMMARY PAGE it PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD 2,779,419.00 90,136.45 .00 482,929.49 2,296,489.51 .17 2,779,419.00 90,136.45 .00 482,929.49 2,296,489.51 .17 2,779,419.00 90,136.45 .00 482,929.49 2,296,489.51 .17 2,779,419.00 90,136.45 .00 482,929.49 2,296,489.51 .17 RUN DATE 05/12/00 TIME 08:52:10 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 TOWN OF AVON PAGE 12 ACCOUNTING PERIOD: 4/00 PROGRAM REVENUE STATUS SELECTION CRITERIA: ALL FUND - 52 - TRANSIT ENTERPRISE FUND FUNCTION - 52 - TRANSIT ENTERPRISE FUND PERIOD YEAR TO DATE YTD/ ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD 51303 ACCOMODATIONS TAR 261,763.00 42,385.82 .00 99,297.84 162,465.16 .36 TOTAL TAXES 261,763.00 42,385.82 .00 99,297.84 162,465.16 .38 54501 BEAVER CREEK 920,374.00 104,135.82 .00 206,389.45 713,984.55 .22 ?I2?TB0:00 ?20?0? -5,8us.oo ZII7?175?00- 05 54503 REGIONAL TRANSIT AUTHORIT 1,534,464.00 181,516.57 .00 534,386.27 1,000,077.73 .35 54504 OTHER BUS REVENUES 10,000.00 6,266.00 .00 6,446.00 3,554.00 .64 TOTAL CHARGES FOR SERVICES 2,577,818.00 292,638.39 .00 753,026.72 1,824,791.28 .29 58207 MISCELLANEOUS REFUNDS .00 .00 .00 93.43 -93.43 .00 58999 MISC NONCLASSIFIED REVENU .00 .00 .00 27.12 -27.12 .00 TOTAL OTHER REVENUES .00 .00 .00 120.55 -120.55 .00 59201 OPERATING TRANSFERS IN 366,227.00 .00 .00 366,227.00 .00 1.00 59303 CAPITAL LEASE PROCEEDS 92,048.00 .00 .00 .00 92,048.00 .00 TOTAL OTHER SOURCES 458,275.00 .00 .00 366,227.00 92,048.00 .80 TOTAL TRANSIT ENTERPRISE FUND 3,297,856.00 335,024.21 .00 1,218,672.11 2,079,183.89 .37 TOTAL TRANSIT ENTERPRISE FUND 3,297,856.00 335,024.21 .00 1,218,672.11 2,079,183.89 .37 RUN DATE 05/12/00 TIME 08:54:53 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 52 - TRANSIT ENTERPRISE FUND ACCOUNT - - - - - TITLE - - - - - 431 ADMINISTRATION 432 OPERATIONS 433 MARKETING TOTAL TRANSPORTATION TOTAL PUBLIC WORKS TOTAL TRANSIT ENTERPRISE FUND TOWN OF AVON PROGRAM EXPENDITURE SUMMARY BUDGET 586,285.00 2,620,504.00 91,067.00 3,297,856.00 3,297,656.00 3,297,856.00 PAGE 12 PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD 28,382.43 .00 272,629.51 313,655.49 .47 221,807.76 .00 1,019,088.36 1,601,415.64 .39 8,096.78 .00 27,542.06 63,524.94 .30 258,286.97 .00 1,319,259.93 1,978,596.07 .40 258,286.97 .00 1,319,259.93 1,978,596.07 .40 258,286.97 .00 1,319,259.93 1,978,596.07 .40 RUN DATE 05/12/00 TIME 08:52:12 PENTAMATION - FUND ACCOUNTING MANAGER .05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 53 - EMPLOYEE HOUSING ENT FUND FUNCTION - 53 - EMPLOYEE HOUSING ENT FUND TOWN OF AVON PROGRAM REVENUE STATUS PAGE 13 PERIOD YEAR TO DATE YTD/ ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE BALANCE BUD 54551 RENTAL REVENUES-EMPLOYEES 53,975.00 .00 .00 .00 53,975.00 .00 54555 UTILITY FEES 375.00 .00 .00 .00 375.00 .00 TOTAL CHARGES FOR SERVICES 54,350.00 .00 .00 .00 54,350.00 .00 59304 CERT OF PARTICIPATION 2,335,000.00 .00 .00 .00 2,335,000.00 .00 TOTAL OTHER SOURCES 2,335,000.00 .00 .00 .00 2,335,000.00 .00 TOTAL EMPLOYEE HOUSING ENT FUND 2,389,350.00 .00 .00 .00 2,389,350.00 .00 TOTAL EMPLOYEE HOUSING ENT FUND 2,389,350.00 .00 .00 .00 2,389,350.00 .00 RUN DATE 05/12/00 TIME 13:31:22 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 53 - EMPLOYEE HOUSING ENT FUND ACCOUNT - - - - - TITLE - - - - - 191 SHERWOOD MEADOWS TOTAL HOUSING TOTAL GENERAL GOVERNMENT TOTAL EMPLOYEE HOUSING ENT FUND TOWN OF AVON PROGRAM EXPENDITURE SUMMARY PAGE 13 PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD 2,206,276.00 3,454.89 .00 3,454.89 2,202,821.11 .00 2,206,276.00 3,454.89 .00 3,454.89 2,202,821.11 .00 2,206,276.00 3,454.89 .00 3,454.89 2,202,821.11 .00 2,206,276.00 3,454.89 .00 3,454.89 2,202,821.11 .00 RUN DATE 05/12/00 TIME 08:52:12 PENTAMATION - FUND ACCOUNTING MANAGER -05/12/00 TOWN OF AVON ACCOUNTING PERIOD: 4/00 PROGRAM REVENUE STATUS SELECTION CRITERIA: ALL FUND - 61 - FLEET MTC INTERNAL SVC FU FUNCTION - 61 - FLEET MTC INTERNAL SVC FU PERIOD YEAR TO DATE ACCOUNT - - - - - TITLE - - - - - BUDGET RECEIPTS RECEIVABLES REVENUE 54901 FLEET MTC O&M SERVICES 1,538,006.00 144,859.21 .00 398,155.68 54903 SALES OF FUEL 32,500.00 3,350.60 .00 12,063.93 TOTAL CHARGES FOR SERVICES 1,570,506.00 148,209.81 .00 410,219.61 58207 MISCELLANEOUS REFUNDS .00 .00 .00 154-.-n 58999 MISC NONCLASSIFIED REVENU 41,530.00 .00 .00 20.00 TOTAL OTHER REVENUES 41,530.00 .00 .00 179.83 59303 CAPITAL LEASE PROCEEDS 28,000.00 .00 .00 .00 TOTAL OTHER SOURCES 28,000.00 .00 .00 .00 TOTAL FLEET MTC INTERNAL SVC FU 1,640,036.00 148,209.81 .00 410,399.44 TOTAL FLEET MTC INTERNAL SVC FU 1,640,036.00 148,209.81 .00 410,399.44 PAGE 14 YTD/ BALANCE BUD 1,139,850.32 .26 20,436.07 .37 1,160,286.39 .26 -I5S83 .00 41,510.00 .00 41,350.17 .00 28,000.00 .00 28,000.00 .00 1,229,636.56 .25 1,229,636.56 .25 RUN DATE 05/12/00 TIME 13:31:23 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 61 - FLEET MTC INTERNAL SVC FU ACCOUNT - - - - - TITLE - - - - - 434 FLEET MTC (NON-TRANSIT) 435 BUS WASH FACILITY TOTAL TRANSPORTATION TOTAL PUBLIC WORKS TOTAL FLEET MTC INTERNAL SVC FU TOWN OF AVON PROGRAM EXPENDITURE SUMMARY BUDGET 1,318,255.00 229,230.00 1,547,485.00 1,547,485.00 1,547,485.00 PERIOD EXPENDITURES 93,091.33 13,254.85 106,346.18 106,346.18 106,346.18 ENCUMBRANCES OUTSTANDING .00 .00 .00 .00 .00 PAGE 14 YEAR TO DATE AVAILABLE YTD/ ENC + EXP BALANCE BUD 599,427.35 718,827.65 .45 13,306.32 215,923.68 .06 612,733.67 934,751.33 .40 612,733.67 934,751.33 .40 612,733.67 934,751.33 .40 RUN DATE 05/12/00 TIME 08:52:13 PENTAMATION - FUND ACCOUNTING MANAGER 65/12/00 ACCOUNTING PERIOD: 4/00 SELECTION CRITERIA: ALL FUND - 63 - EQUIP REPLACEMENT IS FUND FUNCTION - 63 - EQUIP REPLACEMENT IS FUND ACCOUNT - - - - - TITLE - - - - - BUDGET 54904 EQUIPMENT RENTAL CHARGES 463,894.00 TOTAL CHARGES FOR SERVICES 463,894.00 59201 OPERATING TRANSFERS IN 100,000.00 TOTAL OTHER SOURCES 100,000.00 TOTAL EQUIP REPLACEMENT IS FUND 563,894.00 TOTAL EQUIP REPLACEMENT IS FUND 563,894.00 TOTAL RE PORT 24,879,572.00 TOWN OF AVON PROGRAM REVENUE STATUS PAGE 15 PERIOD YEAR TO DATE YTD/ RECEIPTS RECEIVABLES REVENUE BALANCE BUD 38,657.74 .00 154,630.96 309,263.04 .33 38,657.74 .00 154,630.96 309,263.04 .33 .00 .00 100,000.00 .00 1.00 .00 .00 100,000 00 .00 Y.00 38,657.74 .00 254,630.96 309,263.04 .45 38,657.74 .00 254,630.96 309,263.04 .45 1,952,224.03 .00 7,805,406.65 17,074,165.35 .31 RUN DATE 05/12/00 TIME 13:31:23 PENTAMATION - FUND ACCOUNTING MANAGER 05/12/00 TOWN OF AVON PAGE 15 ACCOUNTING PERIOD: 4/00 PROGRAM EXPENDITURE SUMMARY SELECTION CRITERIA: ALL FUND - 63 - EQUIP REPLACEMENT IS FUND PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/ ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING ENC + EXP BALANCE BUD 811 FLEET & HEAVY EQUIPMENT 230,900.00 91,858.32 .00 99,349.32 131,550.68 .43 TOTAL FLEET & HEAVY EQUIPMENT 230,900.00 91,858.32 .00 99,349.32 131,550.68 .43 812 RECREATION EQUIPMENT 43,400.00 4,815.08 .00 5,778.66 37,621.34 .13 TOTAL RECREATION EQUIPMENT 43,400.00 4,815.08 .00 5,778.66 37,621.34 .13 TOTAL EQUIPMENT REPLACEMENT 274,300.00 96,673.40 .00 105,127.98 169,172.02 .38 TOTAL EQUIP REPLACEMENT IS FUND 274,300.00 96,673.40 .00 105,127.98 169,172.02 .38 TOTAL RE PORT 25,493,901.00 1,737,909.68 .00 8,024,188.31 17,469,712.69 .31 RUN DATE 05/12/00 TIME 08:52:13 PENTAMATION - FUND ACCOUNTING MANAGER Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2000 Purchaser Amount of RETT Name Property Received $374,507.50 Robert and Barbara Dowie Trust Lot 7 Mountain Star 16,800.00 Land Title Guaratnee Co Falcon Pointe Timeshares $300.00 GarrlneL 1R -_ LQt2??1k 2 NIR -- - ?,Q 840_.Q(? - Gastelum Sunridge #304 670.00 Miller Highpoint Condominiums WR 3,100.00 Roche Lot 9 Mountain Star 20,000.00 Krohn Metcalf Commercial #208 6,847.90 Kizzire/Peterson Lot 40A Blk 1 WR 4,500.00 Dasilva/Souza Sunset Townhomes WR 2,350.00 Richmond III/Burck Avon Lake Villas #13 4,500.00 Pease Seasons at Avon #316 1,050.00 Fowler Seasons at Avon #221 3,310.00 Mogab Lot 8 Blk 3 WR 11,740.00 Points of Colorado Christie Lodge Timeshares 1,852.90 Deuling Lot 15 Eaglebend 8,983.00 P.O.C. Realty Inc Christie Lodge Timeshares 2,005.40 Barandy Lot 11 Blk 3 WR 3,990.00 P.O.C. Realty Inc Lakeside Terrace Timeshares 2,479.20 Herman Lot 70 Blk 3 WR 8,400.00 P.O.C. Realty Inc Lakeside Terrace Timeshares 1,719.70 Land Title Guarantee Falcon Pointe Timeshares 2,367.38 Land Title Guarantee Falcon Pointe Timeshares 1,559.80 Rosenberg Falcon Pointe Timeshares 214.00 1 Town of Avon Real Estate Transfer Tax Transactions Calendar Year 2000 Purchaser Amount of RETT Name Property Received P.O.C. Realty Inc Christie Lodge Timeshares 1,797.50 P.O.C. Realty Inc Chrisite Lodge Timeshares 1,261.90 Davis Avon Center #806 12,253.50 Smith Stonecreek #101 600.00 Total Through April $508,959.68 2 TOWN OF AVON SALES TAX BY MONTH 1996 95'-96'% 1997 96'-97'% 1998 97'-98'% 1999 98'-99'% 2000 99'-001A Total5-Yr Change Change Change Change Change % Increase January 332,198,39 6.07% 377,597.32 13.67% 379,424.41 0.48% 384,939.69 1.45% 359,721.88 -6.55% 8.29% February 327,012.10 10.25% 362,516.58 10.86% 378,112.00 4.30% 397,323.16 5.08% 397,291.59 -0.01% 21.49% March 407,980.62 9.10% 468,675.51 14.88% 460,191.56 -1.81% 474,933.06 3.20% 457,053.94 -3.76% 12.03% April 252,927.51 11.46% 265,356.48 4.91% 310,197.72 16.90% 302,864.19 -2.36% - -100.00% -100.00% May 222,069.74 10.58% 241,012.56 8.53% 249,079.90 3.35% 265,405.35 6.55% -100.00% -100.00% June 298,113.41 11.31% 313,116.79 5.03% 337,562.03 7.81% 395,755.68 17.24% - -100.00% -100.00% July 335,119.67 17.15% 353,101.99 5.37% 370,086.73 4.81% 395,954.38 6.99% - -100.00% -100.00% August 324,451.49 13.80% 338,134.48 4.22% 363,110.96 7.39% 366,648.94 0.97% -100.00% -100.00% September 302,523.86 12.68% 319,410.91 5.58% 333,508.38 4.41% 364,432.54 9.27% -100.00% -100.00% October 266,050.77 19.56% 263,685.99 -0.890/0 305,035.11 15.68% 295,541.62 -3.11% -100.00% -100.00% November 285.17812 __ °(Q_ - 9200.41 18.94 0 335.073.59 _ _1.22% 320335.28 -4.40% _-_ -100.00 6_ -100.00% December 509,177.82 14.39% 533,904.08 4.86% 550,077.22 3.03% 564,813.35 2.68% -100.00% -100.00% YTD Total 3,862,803.50 12.04% 4,175,713.10 8.10% 4,371,459.61 4.69% 4,528,947.24 160% 1,214,067.41 -3.43% -29.06% YTD Through March Collections 1996-2000 1,300,000.00 1,250,000.00 1,200,000.00 1,150,000.00 1,100, 000.00 1,050,000.00 1,000,000.00 950,000.00 Year TOWN OF AVON ACCOMODATIONS TAX BY MONTH 1996 95'-96'% 1997 96'-97% 1998 97'-98% 1999 98'-99% 2000 991-00% Total 5-Yr Change Change Change Change Change % Increase January 37,787.01 -6.65% 39,958.27 5.75% 39,357.21 -1.50% 41,102.99 4.44% 24,753.92 -39.78% 1.54% February 42,386.61 10.86% 45,305.47 6.89% 42,769.24 -5.60% 36,985.03 -13.52% 32,158.10 -13.05% -327% March 55,882.23 5.26% 63,054.38 12.83% 51,035.34 -19.06% 42,018.24 -17.67% 42,385.82 0.87% -20.86% April 11,890.97 8.18% 11,850.40 -0.34% 13,556.94 14.40% 11,609.15 -14.37% -100.00% 5.61% May 6,703.77 23.14% 8,759.53 30.67% 5,762.93 -3421% 6,117.50 6.15% -100.00% 12.37% June 12,63134 -1.61% 13,982.39 10.68% 12,609.03 -9.82% 14,95828 18.63% -100.00% 16.50% July 19,94949 18.21% 21,298.64 6.76% 20,845.64 -2.13% 21,120.57 1.32% -100.00% 25.14% August 20,391.40 32.67% 22,365.12 9.68% 22,875.39 2.28% 16,452.89 -28.08% -100.00% 7.05% September 13,093.39 -2.35% 11,173.41 -14.66% 11,262.18 0.79% 10,300.61 -8.54% -100.00% -23.18% October 10,832.98 13.95% 8,819.05 -18.59% 8,315.76 -5.71% 7,258.18 -12.72% -100.00% -23.65% November 12,824.84 -12.55% 12,112.05 -5.56% 10,813.22 -10.72% 7,889.97 -27.03% -100.00% 4620% December 33,623.20 6.25% 40,000.05 18.97% 32,602.89 -18.49% 25,606.29 -21.46y -100.00% -19,09% YTD Total 277,999.23 5.68% 298,678.76 7.44% 271,805.77 -9.00% 241,419.70 -11.18% 99,297.84 -58.87% -8.05% YTD Through March Collections 1996-2000 160,000.00 140,000.00 ' 120,000.00 / 100,000.00 i? 80,000.00 60,000.00 i 40,000.00 20,000.00 1996 Monthly Collections for March 1996-2000 70,000.00 60,000.00 50,000.00 g 40,000.00 30,000,00 20,000.00 10,000.00 t« - - 1996 1997 1998 1999 2000 ,05/19/00 TOWN OF AVON ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran eact.check no between 168882' and 169032' FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- 11101 68884 05/23/00 ALPINECO ALPINE COFFEE SERVICE, IN 149 COFFEE SUPPLIES 11101 68884 05/23/00 ALPINECO ALPINE COFFEE SERVICE, IN 149 COFFEE SUPPLIES TOTAL CHECK 11101 68885 05/23/00 ALPINEPA ALPINE PAINTING & CUSTOM 520 PAINTING FOR CLOSE DOWN 11101 68886 05/23/00 AMICH&JE AMICH & JENKS, INC 311 POLYGRAHP 11101 68888 05/23/00 APPLEW00 APPLEWOOD SEED COMPANY 415 FLOWER & GRASS SEEDS 11101 68893 05/23/00 BLACKBEA BLACK BEAR SYSTEMS, INC. 213 PTWIN32 SOFTWARE 11101 68894 05/23/00 BOOKPUBL BOOK PUBLISHING COMPANY 115 GREEN BINDERS W/LOGO 11101 68896 05/23/00 BRECKS BRECK'S 415 STRAWBERRY PLANTS 11101 68899 05/23/00 CIRSA CIRSA 415 DEDUCTIBLE 11101 68900 05/23/00 CITYMARK CITY MARKET 415 AWARDS BREAKFAST 11101 68904 05/23/00 CODEPTPU COLORADO DEPT. OF PUBLIC 132 BACKGROUND CHECKS 11101 68907 05/23/00 COPRINTI COLORADO PRINTING COMPANY 514 RECREATION BROCHURE 11101 68909 05/23/00 COLUMBIA COLUMBIA SPORTSWEAR 311 PARKAS, VESTS, SWEATERS 11101 68909 05/23/00 COLUMBIA COLUMBIA SPORTSWEAR 414 PARKAS, VESTS, SWEATERS 11101 68909 05/23/00 COLUMBIA COLUMBIA SPORTSWEAR 415 PARKAS, VESTS, SWEATERS 11101 68909 05/23/00 COLUMBIA COLUMBIA SPORTSWEAR 413 PARKAS, VESTS, SWEATERS TOTAL CHECK 11101 68911 05/23/00 CONSOLIE CONSOLIDATED ELECTRICAL D 414 ELECTRICAL TAPE 11101 68911 05/23/00 CONSOLIE CONSOLIDATED ELECTRICAL D 414 PHOTOCELL FOR MUNI LIGHTS 11101 68911 05/23/00 CONSOLIE CONSOLIDATED ELECTRICAL D 414 MED BASE LAMP TOTAL CHECK 11101 68912 05/23/00 CORPORAT CORPORATE EXPRESS 141 OFFICE SUPP 11101 68912 05/23/00 CORPORAT CORPORATE EXPRESS 149 CREDIT FOR RETURNS 11101 68912 05/23/00 CORPORAT CORPORATE EXPRESS 141 COPY PAPER 11101 68912 05/23/00 CORPORAT CORPORATE EXPRESS 149 CREDIT FOR RETURNS 11101 68912 05/23/00 CORPORAT CORPORATE EXPRESS 149 OFFICE SUPPLIES TOTAL CHECK 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 214 LONG DIST/APRIL 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 413 LONG DIST/APRIL 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 311 LONG DIST/APRIL 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 412 LONG DIST/APRIL 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 213 LONG DIST/APRIL 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 212 LONG DIST/APRIL 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 411 LONG DIST/APRIL 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 514 LONG DIST/APRIL 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 115 LONG DIST/APRIL PAGE 1 AMOUNT 177.45 6.00 183.45 9,120.00 85.00 373.46 810.00 257.55 44.88 1,153.55 16.79 132.00 4,179.00 180.00 200.00 1,240.00 700.00 2,320.00 605.47 107.16 58.50 771.13 6.78 -17.55 106.50 -5.24 142.54 233.03 4.11 5.87 14.55 13.81 8.35 4.10 7.49 41.27 7.22 RUN DATE 05/19/00 TIME 08:54:12 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON PAGE 2 ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran eact.check no between 168882' and 169032' FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 315 LONG DIST/APRIL 14.02 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 312 LONG DIST/APRIL 26.64 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 211 LONG DIST/APRIL 22.36 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 143 LONG DIST/APRIL 1.01 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 141 LONG DIST/APRIL 27.64 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 132 LONG DIST/APRIL 2.77 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 131 LONG DIST/APRIL 36.10 11101 68914 05?30 CONVERGE CONVERGENT COMMUNICATIONS 415 LONG DIET APRIL 16.69 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 113 LONG DIST/APRIL 8.88 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 149 LONG DIST/APRIL 207.18 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 414 LONG DIST/APRIL 6.17 TOTAL CHECK 476.23 11101 68916 05/23/00 DEEPROCK DEEP ROCK WEST 415 DRINKING WATER/APRIL 17.67 11101 68917 05/23/00 DRCOG DENVER REGIONAL COUNCIL 0 212 PLANNING LAW BOOK 43.00 11101 68918 05/23/00 T0000634 DON WILLIAMS 516 REIMB EMPLOYEE FOR PURCH 10.49 11101 68925 05/23/00 EDWARDSB EDWARDS BUILDING CENTER 413 MATERIALS FOR ROAD SIGNS 1,317.41 11101 68929 05/23/00 GALLSINC GALL'S INC. 312 HI TEC WATER PROOF MAGNUM 93.98 11101 68929 05/23/00 GALLSINC GALL'S INC. 311 STATE SEAL NAMETAG 46.95 11101 68929 05/23/00 GALLSINC GALL'S INC. 313 SHOULDER HOLSTER 140.98 TOTAL CHECK 281.91 11101 68930 05/23/00 GARDNWIS GARD'N-WISE DISTRIBUTORS 415 PERSOLITE PERLITE 139.65 11101 68930 05/23/00 GARDNWIS GARD'N-WISE DISTRIBUTORS 415 PEAT MOSS 239.70 TOTAL CHECK 379.35 11101 68934 05/23/00 GOLFENVI GOLF ENVIRO SYSTEMS, INC. 415 FERTILIZER 2,788.30 11101 68935 05/23/00 GRAINGER GRAINGER PARTS 414 TOOLS FOR ELECTRICIAN 39.99 11101 68935 05/23/00 GRAINGER GRAINGER PARTS 414 TOOL SET FOR STREET LIGHT 59.99 11101 68935 05/23/00 GRAINGER GRAINGER PARTS 414 YOKE FAN MOTOR 92.22 11101 68935 05/23/00 GRAINGER GRAINGER PARTS 520 BELT 15.02 11101 68935 05/23/00 GRAINGER GRAINGER PARTS 414 SOCKET SETS, UNIV JOINT 215.09 TOTAL CHECK 422.31 11101 68936 05/23/00 GRANDJUN GRAND JUNCTION PIPE & SUP 415 SPINKLER SUPPLIES 189.05 11101 68936 05/23/00 GRANDJUN GRAND JUNCTION PIPE 6 SUP 415 SPRINKLER SUPPLIES 8.38 TOTAL CHECK 197.43 11101 68937 05/23/00 GRATEFUL GRATEFUL BREAD 211 BAGELS 7.83 11101 68937 05/23/00 GRATEFUL GRATEFUL BREAD 211 BAGELS 8.47 11101 68937 05/23/00 GRATEFUL GRATEFUL BREAD 211 BAGELS 8.47 11101 68937 05/23/00 GRATEFUL GRATEFUL BREAD 211 BAGELS 9.04 11101 68937 05/23/00 GRATEFUL GRATEFUL BREAD 211 BAGELS 13.84 11101 68937 05/23/00 GRATEFUL GRATEFUL BREAD 211 BAGELS 8.47 11101 68937 05/23/00 GRATEFUL GRATEFUL BREAD 211 BAGELS 13.84 TOTAL CHECK 69.96 RUN DATE 05/19/00 TIME 08:54:12 PENTAMATION - FUND ACCOUNTING MANAGER ,05/19/00 TOWN OF AVON ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran sact.check no between 168882' and 169032, FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- 11101 68939 05/23/00 RAWKEYES HAWKEYE SERVICES, INC 415 TEST FOR BACKFLOW PREV 11101 68940 05/23/00 HICOUNSH HIGH COUNTRY SHIRTWORKS, 112 EMBROIDERY ON JACKETS 11101 68940 05/23/00 HICOUNSH HIGH COUNTRY SHIRTWORKS, 518 SHIRTS TOTAL CHECK 11101 68942 05/23/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRIC 3/16-4/26 11101 68942 05/23/00 HOLYCROS HOLY CROSS ENERGY 413 ELECTRIC 3/31-4/27 TOTAL CHECK 11101 68944 05/23/00 INTERCAR INTERCARS HEALTH PLANS 10 LIFE INS PREM 11101 68944 05/23/00 INTERCAR INTERCARE HEALTH PLANS 10 HEALTH INS PREM 11101 68944 05/23/00 INTERCAR INTERCARE HEALTH PLANS 10 DENTAL INS PREM TOTAL CHECK 11101 68945 05/23/00 T0000656 IVY KUZMINSKY 10 CLASS REFUND 11101 68952 05/23/00 T0000659 KIMBERLY SMITH 10 TRAINING CLASS REFUND 11101 68955 05/23/00 LABSAFET LAB SAFETY SUPPLY, INC. 413 HEAVY DUTY WASTE BAGS 11101 68955 05/23/00 LABSAFET LAB SAFETY SUPPLY, INC. 415 MISC SAFETY SUPPLIES TOTAL CHECK 11101 68960 05/23/00 LIGHTBUL LIGHT BULB SUPPLY COMPANY 520 LIGHT BULBS 11101 68960 05/23/00 LIGHTBUL LIGHT BULB SUPPLY COMPANY 520 LIGHT BULBS 11101 68960 05/23/00 LIGHTBUL LIGHT BULB SUPPLY COMPANY 520 LIGHT BULBS TOTAL CHECK 11101 68961 05/23/00 LIL'JOHN LIL'JOHN'S WATER TREATMEN 149 WATER COOLERS/JUNE 11101 68962 05/23/00 LITTLEVA LITTLE VALLEY NURSERIES 415 FLOWERS 11101 68964 05/23/00 MARIMUMC MAXIMUM COMFORT POOL 6 SP 520 CHLORINE 11101 68968 05/23/00 MTNCOMMU MOUNTAIN COMMUNIC. 4 ELEC 411 INTERCONNECTI WR/JAN-JUNE 11101 68969 05/23/00 MTNFITNE MOUNTAIN FITNESS SERVICE 520 FITNESS EQUIP MAINT 11101 68980 05/23/00 NORTHCOL NORTHERN COLORADO PAPER, 521 CUPS 11101 68981 05/23/00 NORTHSTA NORTHSTAR LUMBER 415 FENCING 11101 68982 05/23/00 OFFICEDE OFFICE DEPOT 212 UTILITY KNIFE 11101 68982 05/23/00 OFFICEDE OFFICE DEPOT 514 OFFICE SUPPLIES 11101 68982 05/23/00 OFFICEDE OFFICE DEPOT 211 TONER 11101 68982 05/23/00 OFFICEDE OFFICE DEPOT 212 PAPER TOTAL CHECK 11101 68986 05/23/00 PACIFICE PACIFIC ENGINEERING SUPPL 212 CARRIER STRIPS PAGE 3 AMOUNT 90.00 49.00 263.80 312.80 180.01 11.47 191.48 2,649.92 61,876.18 7,229.50 71,755.60 75.00 75.00 770.19 40.77 810.96 64.98 24.00 1,732.92 1,821.90 80.00 2,318.45 828.00 225.00 730.00 79.88 325.54 1.13 180.90 76.69 33.54 292.26 68.73 RUN DATE 05/19/00 TIME 08:54:13 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON PAGE 4 ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran sact.check no between 168882' and 169032' FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 68987 05/23/00 PARADIGM PARADIGM SERVICES, LLC 520 GAS SVC/FEB 3,193.55 11101 68987 05/23/00 PARADIGM PARADIGM SERVICES, LLC 520 GAS SVC/MARCH 3,363.37 TOTAL CHECK 6,556.92 11101 68990 05/23/00 PROPERTY PROPERTY IMAGING 413 STRIPING PARKING LOTS 1,878.00 11101 68990 05/23/00 PROPERTY PROPERTY IMAGING 415 STRIPING PARKING LOTS 150.00 TOTAL CHECK 2,028.00 11101 68991 05/23/00 PUBLSERV PUBLIC SERVICE COMPANY 414 GAS SVC 3/31-4/27 100.73 11101 68991 05/23/00 PUBLSERV PUBLIC SERVICE COMPANY 414 GAS SVC 3/30-4/27 289.89 11101 68991 05/23/00 PUBLSERV PUBLIC SERVICE COMPANY 414 GAS SVC 3/30-4/29 307.37 TOTAL CHECK 697.99 11101 68993 05/23/00 RENTS RENTX 413 PROPANE RENTAL 43.70 11101 68993 05/23/00 RENTS RENTX 415 CONCRETE SAW RENTAL 197.53 TOTAL CHECK 241.23 11101 68994 05/23/00 T0000635 ROBERT BRANDEN 516 REIMB FOR TRAVEL ERP 143.15 11101 68996 05/23/00 ROBINSON ROBINSON & SCHEMER P.C. 212 PROF SVC/CONFLUENCE DEV 140.20 11101 68997 05/23/00 T0000571 RUTH BORNE 211 REIMB FOR TRAVEL ERP 75.00 11101 69000 05/23/00 SCULLYSI SCULLYSS, INC. 211 FAR TONER 71.00 11101 69004 05/23/00 SPECIALE SPECIAL EVENTS 149 FLOWERS/REYNOLDS 56.00 11101 69006 05/23/00 STARTRAC STAR TRAC BY UNISEN, INC 520 EXERCISE EQUIP PARTS 273.13 11101 69006 05/23/00 STARTRAC STAR TRAC BY UNISEN, INC 520 EXERCISE EQUIPMENT PARTS 1,113.48 TOTAL CHECK 1,386.61 11101 69010 05/23/00 OVERHEAD THE OVERHEAD DOOR COMPANY 414 RECEIVER, TRANSMITTER 518.00 11101 69013 05/23/00 TRICOUNT TRI COUNTY FIRE EXTINGUIS 414 ANNUAL INSPECT, RECHARGE 183.00 11101 69014 05/23/00 TUXALLUN TUXALL UNIFORM & EQUIPMEN 312 HANDCUFFS 135.51 11101 69016 05/23/00 USLONGLI U.S. LONG-LIFE, INC 413 STREET LITES 636.30 11101 69017 05/23/00 UNISOURC UNISOURCE WORLDWIDE, INC 520 MISC CUSTODIAL, SUPP 1,460.74 11101 69017 05/23/00 UNISOURC UNISOURCE WORLDWIDE, INC 414 MAINTENANCE SUPPLIES 554.19 TOTAL CHECK 2,014.93 11101 69019 05/23/00 UTECOUNT UTE COUNTRY HVAR & CONTRO 414 TEST CHILLER LOCKOUT 510.00 11101 69019 05/23/00 UTECOUNT UTE COUNTRY HVAR & CONTRO 414 DUCT WORK/REC CTR 528.63 TOTAL CHECK 1,038.63 11101 69020 05/23/00 VAIL66ST VAIL 66 STATION 312 APRIL CAR WASHES 25.00 11101 69021 05/23/00 VAILHONE VAIL HONEYWAGON 414 TRASH COLLECTION/APRIL 484.47 RUN DATE 05/19/00 TIME 08:54:14 PENTAMATION - FUND ACCOUNTING MANAGER "05/19/00 TOWN OF AVON PAGE 5 ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran eact.check no between 1688821 and 1690321 FUND - 10 - GENERAL FUND CASH ACCT CHECK NUMBER DATE ISSUED -------- ------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 69022 05/23/00 VAILLOCK VAIL LOCK AND KEY 414 TRUCK BOX LOCKS 23.90 11101 69022 05/23/00 VAILLOCK VAIL LOCK AND KEY 520 KEY SUPPLIES 34.00 11101 69022 05/23/00 VAILLOCK VAIL LOCK AND KEY 414 DUPLICATE KEYS 3.00 11101 69022 05/23/00 VAILLOCK VAIL LOCK AND KEY 312 DUPLICATE KEYS 170.00 TOTAL CHECK 230.90 11101 69023 05/23/00 VAILRESO VAIL RESORTS MANAGEMENT C 514 CHANNEL 17/APRIL 400.00 11101 69024 05/23/00 VAILNET VAILNET 143 INTERNET CONN SVC CHG 150.00 11101 69025 05/23/00 VALLEYEL VALLEY ELECTRIC SUPPLY 414 12' RED TOP LADDER 192.83 11101 69025 05/23/00 VALLEYEL VALLEY ELECTRIC SUPPLY 414 8' RED TOP LADDER 116.41 TOTAL CHECK 309.24 11101 69026 05/23/00 VANSCHOO VANSCHOONEVELD AND CO 141 PROF SVC 99 FIN STMT AUDI 12,000.00 11101 69027 05/23/00 WESTCANY WEST CANYON TREE FARM, IN 415 TREES AND SHRUBS 7,042.00 11101 69028 05/23/00 WOODEYEW WOOD EYE WOODWORKS AND SI 520 ACRYLIC CALENDAR COVERS 80.00 11101 69031 05/23/00 XEROXCOR XEROX CORPORATION 211 COPIER CHARGES/MARCH 103.00 11101 69031 05/23/00 XEROXCOR XEROX CORPORATION 311 COPIER LEASE PMT #16 442.30 TOTAL CHECK 545.30 11101 69032 05/23/00 ZEEMEDIC ZEE MEDICAL, INC. 415 FIRST AID SUPPLIES 94.88 TOTAL CASH ACCOUNT 143,048.76 TOTAL FUND 143,048.76 RUN DATE 05/19/00 TIME 08:54:14 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: traneact.check no between 168882' and 169032' FUND - 21 - MALL MAINTENANCE FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION-------- 11101 68909 05/23/00 COLUMBIA COLUMBIA SPORTSWEAR 417 PARKAS, VESTS, SWEATERS 11101 68962 05/23/00 LITTLEVA LITTLE VALLEY NURSERIES 417 FLOWERS TOTAL CASH ACCOUNT TOTAL FUND PAGE 6 AMOUNT 200.00 500.00 700.00 700.00 RUN DATE 05/19/00 TIME 08:54:14 PENTAMATION - FUND ACCOUNTING MANAGER _05/19/00 TOWN OF AVON PAGE 7 ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY F UND SELECTION CRITERIA: tran eact.check no between 168882' and 169032' FUND - 22 - FIRE OPERATIONS CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 68895 05/23/00 BOUNDTRE BOUND TREE 322 GLUTOSE, TAPE BP CUFF 123.50 11101 68897 05/23/00 CASCOIND CASCO INDUSTRIES 322 BUNKER PANTS & JACKETS 6,600.00 11101 68898 05/23/00 CBIEFSUP CHIEF SUPPLY CORPORATION 322 FIRE GLOVES (24) 759.76 11101 68899 05/23/00 - --- CIRSA CIRSA -------- 321 DEDUCTIBLE 1,000.00 11101 68901 05/23/00 CLIMATEC CLIMATE CONTROL CO OF GLE 321 REPLACED 10 ZONE VALVES 2,146.33 11101 68906 05/23/00 CMC COLORADO MOUNTAIN COLLEGE 324 TUITION/PRATT 342.00 11101 68906 05/23/00 CMC COLORADO MOUNTAIN COLLEGE 324 TUITION/MYRAN 114.00 TOTAL CHECK 456.00 11101 68908 05/23/00 COWILDFI COLORADO WILDFIRE ACADEMY 324 WILDLAND CLASSES/RINDY 80.00 11101 68908 05/23/00 COWILDFI COLORADO WILDFIRE ACADEMY 324 WILDLAND CLASS/UDOFF 80.00 11101 68908 05/23/00 COWILDFI COLORADO WILDFIRE ACADEMY 324 WILDLAND CLASSES/PRATT 120.00 TOTAL CHECK 280.00 11101 68912 05/23/00 CORPORAT CORPORATE EXPRESS 321 MISC OFFICE SUPP 204.84 11101 68912 05/23/00 CORPORAT CORPORATE EXPRESS 321 MISC COMPUTER SUPP 271.74 TOTAL CHECK 476.58 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 324 LONG DIST/APRIL 1.83 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 322 LONG DIST/APRIL 15.72 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 321 LONG DIST/APRIL 10.97 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 323 LONG DIST/APRIL 17.22 TOTAL CHECK 45.74 11101 68920 05/23/00 DRAGONBO DRAGON'S BOOT AND SHOE 322 BOOTS 1,495.06 11101 68922 05/23/00 DYNAMED DYNAMED 322 BACKBOARD 188.30 11101 68923 05/23/00 EACOLAND EAGLE COUNTY LANDFILL 321 DISPOSAL OF CONST WASTE 23.94 11101 68926 05/23/00 FOXINTER FOX INTERNATIONAL LTD, IN 322 DOOR MARKER, SHOVE KNIFE 45.32 11101 68943 05/23/00 INFORMAT INFORMATION GUIDES 324 EXAMS, EXAM GUIDE 49.40 11101 68948 05/23/00 T0000658 JIM JONES 322 REIMS FOR ACADEMY SHIRTS 38.00 11101 68955 05/23/00 LABSAFET LAB SAFETY SUPPLY, INC. 322 EAR PLUGS, PADS 308.02 11101 68955 05/23/00 LABSAFET LAB SAFETY SUPPLY, INC. 322 BUCKETS,SHOVELS,UTIL BRUS 223.45 TOTAL CHECK 531.47 11101 68956 05/23/00 LABELMAS LABELMASTER 322 TRAINING CARDS 13.84 11101 68956 05/23/00 LABELMAS LABELMASTER 322 TRAINING CARDS 90.47 TOTAL CHECK 104.31 11101 68958 05/23/00 LEGACYCO LEGACY COMMUNICATIONS, IN 321 PROGRAM PORTABLE RADIOS 250.00 RUN DATE 05/19/00 TIME 08:54:15 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON PAGE 8 ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran sact.check no between 168882' and 169032' FUND - 22 - FIRE OPERATIONS CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 68965 05/23/00 MAXWELLC MAXWELL CONSULTING SERVIC 323 FIRE PROT ENGINEERING 646.43 11101 68966 05/23/00 MICROWAR MICROWAREHOUSE 324 EPSON POWERLITE PROJECTOR 3,741.59 11101 68966 05/23/00 MICROWAR MICROWAREHOUSE 324 EPSON SOFTCASE 90.40 TOTAL CHECK 3,831.99 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 322 GAS CAN, SPOUT 98.43 11101 68983 05/23/00 OFFICETE OFFICE TECKNOWLEDGY 321 PRINTER REPAIRS 142.50 11101 68984 05/23/00 ORKINPES ORKIN PEST CONTROL 321 PEST CONTROL/BC STATION 50.00 11101 68991 05/23/00 PUBLSERV PUBLIC SERVICE COMPANY 321 GAS SVC 3/30-4/29 51.90 11101 68995 05/23/00 ROBERTBU ROBERT BURKE 322 EMERG RESPONSE GUIDEBOOK 52.95 11101 69008 05/23/00 THEFIREH THE FIREHOUSE FITNESS COM 322 TAKE-UP POWDER 87.00 11101 69009 05/23/00 THELOVEL THE LOVELAND VOLUNTEER PI 324 CLASS REGISTRATION 220.00 11101 69011 05/23/00 THESUPPL THE SUPPLY CACHE, INC. 322 PROTECTIVE CLOTHING 2,595.00 11101 69017 05/23/00 UNISOURC UNISOURCE WORLDWIDE, INC 321 BATHROOM SUPPLIES 62.70 11101 69029 05/23/00 WORKRITE WORKRITE 322 DUTY PANTS (5) 361.68 11101 69029 05/23/00 WORKRITE WORKRITE 322 DUTY PANTS (2) 183.12 TOTAL CHECK 544.80 11101 69030 05/23/00 WRANGLER WRANGLER ELECTRIC, INC 321 REPLACE ELECTRIC HOOKUP 60.00 TOTAL CASH ACCOUNT 23,057.41 TOTAL FUND 23,057.41 RUN DATE 05/19/00 TIME 08:54:15 PENTAMATION - FUND ACCOUNTING MANAGER As/19/00 TOWN OF AVON PAGE 9 ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.check_no between 1688821 and 169032' FUND - 23 - EMPLOYEE HOUSING FUND CASH ACCT CHECK NUMBER DATE ISSUED -------- ------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 68887 05/23/00 T0000653 ANDREW D'ALLESSANDRO 23 HOUSING DEPOSIT REFUND 370.00 11101 68915 05/23/00 T0000655 DEAN CARMAN 23 HOUSING DEPOSIT REFUND 405.00 11101 68946 05/23/00 T0000657 JACK ARCHIBALD 23 DEPOSIT REFUND 370.00 11101 68967 05/23/00 T0000660 MIKE DAVISON 23 HOUSING DEPOSIT REFUND 593.00 TOTAL CASH ACCOUNT 1,738.00 TOTAL FUND 1,738.00 RUN DATE 05/19/00 TIME 08:54:15 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.check no between 168882' and 169032' FUND - 31 - BOND REDEMPTION FUND PAGE 10 CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 69015 05/23/00 USBANK U.S. BANK 911 ADMIN FEES 250.00 TOTAL CASH ACCOUNT TOTAL FUND 250.00 250.00 RUN DATE 05/19/00 TIME 08:54:15 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON PAGE 11 ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.check no between 1688821 and 169032' FUND - 41 - CAPITAL PROJECTS FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 69005 05/23/00 BERNSTEI STAN BERNSTEIN AND ASSOCI 800 PROF SVC/CONFLUENCE 2,987.00 TOTAL CASH ACCOUNT TOTAL FUND 2,987.00 2,987.00 RUN DATE 05/19/00 TIME 08:54:15 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.check no between 1688821 and 1690321 FUND - 52 - TRANSIT ENTERPRISE FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM 11101 68882 05/23/00 4EAGLERA 4 EAGLE RANCH 432 11101 68884 05/23/00 ALPINECO ALPINE COFFEE SERVICE, IN 432 11101 68890 05/23/00 AVONRECC AVON RBC CENTER 433 11101 68891 05/23/00 AVONSELF AVON SELF STORAGE 431 ------DESCRIPTION------- END OF SEASON PARTY COFFEE SUPPLIES SPRING/SUMMER REC BROCHUR JUNE RENT PAGE 12 MOUNT 996.50 18.00 350.00 240.00 11101 68899 05/23/00 CIRSA CIRSA 431 DEDUCTIBLE 2,000.00 11101 68909 05/23/00 COLUMBIA COLUMBIA SPORTSWEAR 432 PARKAS, VESTS, SWEATERS 4,831.00 11101 68910 05/23/00 COMPLIAN COMPLIANCE INFORMATION SY 431 SOFTWARE AND SUPPORT 645.00 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 432 LONG DIST/APRIL 13.44 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 431 LONG DIST/APRIL 14.04 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 433 LONG DIST/APRIL 3.20 TOTAL CHECK 30.68 11101 68919 05/23/00 T0000237 DOUGLAS CRABB 432 REIMB FOR TRAVEL EKP 67.36 11101 68947 05/23/00 T0000352 JANE BURDEN 431 REIMB FOR TRAVEL E%P 164.14 11101 68953 05/23/00 KTUN KTUN 433 RADIO ADVERTISING/APRIL 230.00 11101 68954 05/23/00 KZYRFMRA KZYR-PM RADIO 433 RADIO ADVERTISING/APRIL 144.00 11101 68959 05/23/00 LEWAN&AS LEWAN & ASSOCIATES, INC 433 COATING KIT 81.04 11101 68982 05/23/00 OFFICEDE OFFICE DEPOT 431 MISC OFFICE SUPP 17.88 11101 68985 05/23/00 PACEPUBL PACE PUBLICATIONS 431 SUBSCRIPTION RENEW/WETZEL 295.00 11101 68988 05/23/00 PRWEEK PR WEEK 433 SUBSCRIPTION RENEW/BURDEN 103.00 11101 68989 05/23/00 PREMIUMW PREMIUMWEAR, INC 432 SOLID TWILL SHIRTS 137.13 11101 68992 05/23/00 QUILLCOR QUILL CORPORATION 431 TASK CHAIR 219.90 11101 69002 05/23/00 SKILLPAT SKILLPATH, INC. 433 BROCHURE SEMINAR 149.00 11101 69012 05/23/00 FANTACON TOMAS FANTACONE 432 REIMB FOR TRAVEL ERP 261.61 11101 69022 05/23/00 VAILLOCK VAIL LOCK AND KEY 431 KEY FITTING, DUP KEYS 122.00 TOTAL CASH ACCOUNT 11,103.24 TOTAL FUND 11,103.24 RUN DATE 05/19/00 TIME 08:54:16 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON PAGE 13 ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran eact.check no between 168882' and 1690321 FUND - 61 - FLEET MTC INTERNAL SV C FU CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 68883 05/23/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 ALTERNATOR 748.00 11101 68883 05/23/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 MISC PARTS 106.26 11101 68883 05/23/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 ALTERNATOR 748.00 11101 68883 05/23/00 A-IAUTOE A-1 AUTO ELECTRIC COMPANY 434 REGULATOR 190.63 11101 68883 05/23/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 STARTER 218.35 11101 68883 05/23/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 ALTERNATOR 748.00 11101 68883 05/23/00 A-lAUTOE A-1 AUTO ELECTRIC COMPANY 434 SWITCH 153.48 11101 68883 OS 23 00 A-lAUTOB A-1 AUTO ELECTRIC COMPANY 434 REGULATOR 190.63 TOTAL CHECK 3,103.35 11101 68889 05/23/00 ARMADILO ARMADILLO TRUCK VAULT, IN 434 CHEVY TAHOE ACCESSORIES 1,195.25 11101 68889 05/23/00 ARMADILO ARMADILLO TRUCK VAULT, IN 434 CHEVY TAHOE ACCESSORIES 1,195.25 11101 68889 05/23/00 ARMADILO ARMADILLO TRUCK VAULT, IN 434 CHEVY TAHOE ACCESSORIES 1,195.25 TOTAL CHECK 3,585.75 11101 68902 05/23/00 CASTA CO ASSOC. OF TRANSIT AGEN 434 REGISTRATION FEE/DAVIDSON 80.00 11101 68903 05/23/00 COLLETTE COLLETT ENTERPRISES, INC. 434 WINDSHIELD WASHER 86.65 11101 68903 05/23/00 COLLETTE COLLETT ENTERPRISES, INC. 61 UNLEADED FUEL 4,594.10 11101 68903 05/23/00 COLLETTE COLLETT ENTERPRISES, INC. 61 MOTOR OIL 679.25 11101 68903 05/23/00 COLLETTE COLLETT ENTERPRISES, INC. 61 DIESEL FUEL 7,952.00 TOTAL CHECK 13,312.00 11101 68905 05/23/00 COKENWOR COLORADO KENWORTH, INC. 434 MAGNETIC TAPE 98.14 11101 68905 05/23/00 COKENWOR COLORADO KENWORTH, INC. 434 CLAMPS 61.08 11101 68905 05/23/00 COKENWOR COLORADO KENWORTH, INC. 61 CREDIT FOR RETURN -198.80 11101 68905 05/23/00 COKENWOR COLORADO KENWORTH, INC. 434 4• CLAMP 13.30 11101 68905 05/23/00 COKENWOR COLORADO KENWORTH, INC. 61 TRANSMISSION FILTER KITS 532.40 11101 68905 05/23/00 COKENWOR COLORADO KENWORTH, INC. 434 CREDIT FOR RETURN - .73 11101 68905 05/23/00 COKENWOR COLORADO KENWORTH, INC. 434 SEAT SHOCK 47.58 11101 68905 05/23/00 COKENWOR COLORADO KENWORTH, INC. 434 CREDIT FOR RETURN -151.96 11101 68905 05/23/00 COKENWOR COLORADO KENWORTH, INC. 434 ROLLER BRK SHIMS 47.12 TOTAL CHECK 448.13 11101 68913 05/23/00 CUMMINSR CUMMINS ROCKY MOUNTAIN, I 434 SHIFT SELECTOR BUTTONS 47.73 11101 68913 05/23/00 CUMMINSR CUMMINS ROCKY MOUNTAIN, I 434 SHIFT SELECTOR BUTTONS 142.35 TOTAL CHECK 190.08 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 435 LONG DIST/APRIL 1.84 11101 68914 05/23/00 CONVERGE CONVERGENT COMMUNICATIONS 434 LONG DIST/APRIL 17.15 TOTAL CHECK 18.99 11101 68921 05/23/00 DRIVETRA DRIVE TRAIN INDUSTRIES 434 RELINE SHOES,CLEANUP 313.75 11101 68924 05/23/00 EATONSAL EATON SALES & SERVICE 434 6 FUEL CARDS 13.50 11101 68927 05/23/00 FRONTRAN FRONT RANGE FIRE APPARATU 434 BASIC CONTROL HEAD 377.86 11101 68927 05/23/00 FRONTRAN FRONT RANGE FIRE APPARATU 434 ROTATOR FILTER 41.80 11101 68927 05/23/00 FRONTRAN FRONT RANGE FIRE APPARATU 434 SWITCH 46.68 TOTAL CHECK 466.34 RUN DATE 05/19/00 TIME 08:54:17 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON PAGE 14 ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: tran sact.check no between 168882' and 169032' FUND - 61 - FLEET MT C INTERNAL SVC FU CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 68928 05/23/00 G&KSERVI G&K SERVICES 434 UNIFORM CLEANING 134.64 11101 68931 05/23/00 GAYJORNS GAY JOHNSON'S, INC 434 10 SIDED RECAPS 1,200.00 11101 68931 05/23/00 GAYJOHNS GAY JOHNSON'S, INC 434 TIRES 1,293.56 11101 68931 05/23/00 GAYJOHNS GAY JOHNSON'S, INC 434 FLAT TIRE REPAIR 19.00 TOTAL CHECK 2,512.56 11101 68932 05/23/00 GILLIGCO GILLIG CORPORATION 434 DASH PANEL 137.39 11101 68932 05/23/00 GILLIGCO GILLIG CORPORATION 434 ROTARY SWITCH 34.86 TOTAL CHECK 172.25 11101 68933 05/23/00 GLENFORD GLENWOOD SPRINGS FORD 434 FUEL PUMP 227.15 11101 68933 05/23/00 GLENFORD GLENWOOD SPRINGS FORD 434 TRANSMISSION 2,740.00 11101 68933 05/23/00 GLENFORD GLENWOOD SPRINGS FORD 434 RUNNING BOARD 279.99 TOTAL CHECK 3,247.14 11101 68938 05/23/00 HAUSEEQU HAUSE EQUIPMENT, INC. 434 BEARING FLANGE 13.25 11101 68941 05/23/00 HOGANMFG HOGAN MFG., INC. 434 SENSITIVE EDGE ASSY 97.01 11101 68949 05/23/00 HAINESJO JOHN RAINES CHEVROLET 434 HOSE 32.90 11101 68949 05/23/00 RAINESJO JOHN HAINES CHEVROLET 434 LINKAGE ASM., BUSHINGS 54.48 11101 68949 05/23/00 RAINESJO JOHN RAINES CHEVROLET 434 CREDIT FOR FREIGHT -10.00 11101 68949 05/23/00 HAINESJO JOHN HAINES CHEVROLET 434 FUEL PUMP SENDER 477.73 11101 68949 05/23/00 RAINESJO JOHN RAINES CHEVROLET 434 GASKET 25.72 TOTAL CHECK 580.83 11101 68950 05/23/00 BREWERJW JW BREWER TIRE CO., INC 434 TIRES 468.00 11101 68951 05/23/00 KARPRODU KAR PRODUCTS COMPANY 434 MISC SUPPLIES 332.50 11101 68951 05/23/00 KARPRODU KAR PRODUCTS COMPANY 434 PARTS 344.05 11101 68951 05/23/00 KARPRODU KAR PRODUCTS COMPANY 434 0-RING, TYRAP 190.37 TOTAL CHECK 866.92 11101 68957 05/23/00 LEADINGE LEADING EDGE TECHNOLOGIES 434 RADIO REPAIR 37.50 11101 68957 05/23/00 LEADINGE LEADING EDGE TECHNOLOGIES 434 UNIVERSAL CONNECTORS 57.00 TOTAL CHECK 94.50 11101 68963 05/23/00 MATCOTOO MATCO TOOLS 434 TAP & DIE SET 288.95 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC SMALL TOOLS 34.04 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 IDLEARM 43.53 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 26.58 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SWITCH 4.90 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SEAT BELT 27.68 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 AIR FILTER 34.49 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 BEARINGS 139.91 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 22.35 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 DEGREASER, MALE ADAPTER 15.51 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 0 RINGS 1.16 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 95.15 RUN DATE 05/19/00 TIME 08:54:17 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.check no between 1688821 and 169032' FUND - 61 - FLEET MTC INTERNAL SVC FU PAGE 15 CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 U-JOINT 16.83 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 23.24 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 HOSE 27.63 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 F SWIVEL, HOSE 42.87 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 BRAKE FLUID 12.07 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SQUEEGEE 23.30 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 STUDS 3.26 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 LAMP 28.64 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS 113.72 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 GASKET SET 9.76 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 ROTOR 108.47 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS 165.69 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 BRAKE DRUM 185.16 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 CORE DEPOSITS -13.50 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS 97.69 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 BULBS 12.56 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 LIGHTS 31.40 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 PUMP 77.52 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 FIRE EXTINGUISHER 22.85 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 CONNECTOR 6.77 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 219.40 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 FIRE EXTINGUISHER 22.85 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 DRILL BIT .81 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 FITTINGS, HOSE 16.60 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 5.77 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 WIRE SET 53.68 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 CREDIT FOR RETURN -5.77 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 CREDIT FOR RETURN -4.40 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 BALL JOINTS 98.72 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 CREDIT FOR RETURN -45.26 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 53.30 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 AIR FILTER, BRAKE PADS 308.83 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 OIL FILTER 6.56 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 BATTERIES, LAMPS 31.48 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 BELT 27.68 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 7.82 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 12.45 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 V-BELTS, OIL FILTERS 111.16 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 AIR FILTERS 44.06 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 LAMPS 21.70 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 CREDIT FOR RETURN -13.50 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 EPOXY 4.15 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 V-BELT 19.45 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 AIR FILTER 30.91 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 FUEL FILTER -4.91 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SENDER, GAUGE 44.82 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 TAPE, REMOVER 22.45 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SWIVEL 64.47 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 REMOVER 29.24 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SENDER 29.20 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 BATTERY 10.06 RUN DATE 05/19/00 TIME 08:54:18 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON PAGE 16 ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: traneact.check no between 168882' and 1690321 FUND - 61 - FLEET MTC INTERNAL SVC FU CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SOCKSCREW 2.21 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 HOSE, NOZZLE 40.73 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 CORE CREDIT -13.50 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 17.10 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 78.71 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 HARDENER 1.09 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 DRILL BIT 10.55 11101 6U!07Y O5 j23-/D-0-- NAPAAUw(i NAPA AUTO FART5 3W-- - 5:50-- - 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 LAMP 3.40 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 HEADLAMP -13.98 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 FILTER KIT 10.44 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 HEADLAMP 13.98 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 157.78 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SWITCH, LAMPS 63.55 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 6.77 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 LAMPS 7.40 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 PIN HOOK 75.76 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SOCKETS 7.26 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 CREDIT FOR RETURN -3.47 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 OIL FILTERS 26.24 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SWITCH 48.08 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 23.28 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 FUEL FILTER 5.04 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 CLIP 2.43 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 5.56 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 139.29 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 110.89 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SHPARK PLUGS 26.28 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 PIN HOOK 75.76 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 PAN 29.37 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 PAN 29.37 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SIMPLE GREEN 32.53 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 SCREW .91 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS 123.94 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 PUMP 167.07 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 AIR FILTER 21.85 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 CREDIT FOR RETURN -5.52 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 23.53 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 BATTERIES 5.19 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 MISC PARTS 1.59 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 CLEANER 37.32 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 OIL FILTER 4.45 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 CREDIT FOR RETURN -44.00 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 CLEANER 74.64 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 FITTINGS 9.48 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 OIL FILTER 11.43 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 BULBS 44.16 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 FILTER 11.40 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 FUEL FILTER 4.91 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 61 MISC PARTS 78.70 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 ROTOR 108.47 RUN DATE 05/19/00 TIME 08:54:20 PENTA14ATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON PAGE 17 ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION C RITERIA: tran sact.check no between 168882' and 169032' FUND - 61 - FLEET MTC INTERNAL SVC FU CASH ACCT CHECK NUMBER DATE ISSUED -------- ------VENDOR-------------- PROGRAM -------DESCRIPTION------- AMOUNT 11101 68979 05/23/00 NAPAAUTO NAPA AUTO PARTS 434 TURN DRUM 18.00 TOTAL CHECK 4,417.93 11101 68982 05/23/00 OFFICEDE OFFICE DEPOT 434 AIR DUSTER, HIGHLIGHTERS 10.98 11101 68991 05/23/00 PUBLSERV PUBLIC SERVICE COMPANY 434 GAS SVC 3/30-4/29 668.63 11101 68999 05 1 0 AFfs b`X3`?3ZhEN-CO1FgORTT36N- 434 SORSEE7T-SERVI"CI" ?? 11101 69001 05/23/00 SIEGELOI SIEGEL OIL COMPANY 434 PROBALYZER 180.17 11101 69003 05/23/00 SNOWBRID SNOWBRIDGE, INC. 435 RECYCLING TANK PUMPING 2,396.00 11101 69007 05/23/00 STEWART& STEWART & STEVENSON POWER 434 BOLTS 25.41 11101 69007 05/23/00 STEWART& STEWART & STEVENSON POWER 434 CAM GEAR PILOT 905.97 TOTAL CHECK 931.38 11101 69018 05/23/00 USWELDIN UNITED STATES WELDING, IN 434 CYLINDER RENTAL/APRIL 87.80 11101 69032 05/23/00 ZEEMEDIC ZEE MEDICAL, INC. 434 FIRST AID SUPPLIES 55.23 TOTAL CASH ACCOUNT 39,136.06 TOTAL FUND 39,136.06 RUN DATE 05/19/00 TIME 08:54:20 PENTAMATION - FUND ACCOUNTING MANAGER 05/19/00 TOWN OF AVON ACCOUNTING PERIOD: 5/00 CHECK REGISTER - BY FUND SELECTION CRITERIA: transact.check no between 1688821 and 169032' FUND - 63 - EQUIP REPLACEMENT IS FUND CASH ACCT CHECK NUMBER DATE ISSUED --------------VENDOR-------------- PROGRAM -------DESCRIPTION------- 11101 68892 05/23/00 BERTHODM BERTHOD MOTORS 811 2 GATORS 11101 68998 05/23/00 SAFETYAN SAFETY AND CONSTRUCTION S 811 LIGHT BAR FOR NEW GMC TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT PAGE 18 AMOUNT 14,714.00 362.68 15,076.68 15,076.68 237,097.15 RUN DATE 05/19/00 TIME 08:54:20 PENTAMATION - FUND ACCOUNTING MANAGER MANUAL CHECKS PROCESSED BETWEEN MEETINGS Pancha's Cleaning Service Office Cleaning/May $3,333.33 TOTAL MANUAL CHECKS $3,333.33 AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES THIS AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES (this "Agreement") is made this day of , 2000, by and between the TOWN OF AVON, a Colorado municipal corporation (the "Town") and POINTS OF COLORADO, INC., a Colorado corporation ("Points"), whose address is 101 University Boulevard, Suite 450, Denver, CO 80206. RECITALS A. Points is the owner of that certain parcel of land in the Town generally known as Tract C, Avon Center at Beaver Creek Subdivision, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference ("Tract C"), and as such is successor to the rights and obligations set forth in that certain AMENDMENT TO DEVELOPMENT AGREEMENT FOR CONFLUENCE AND TRACT C ("Amendment to Development Agreement"), executed on February 23, 2000. B. The Town is the owner of that certain parcel of land in the Town generally known as Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, more particularly described on Exhibit B, attached hereto and incorporated herein by this reference ("Tract G"). C. Section 8.13 of the Amendment to Development Agreement provides: "Proposed storm water detention and pollution control facilities located on Town owned property known as Tract G (the "Town Lot"), as depicted on the Development Plan for Tract C, are approved in concept only, by the Ordinance. Design, construction, and management of the storm water detention and pollution control facilities located on the Town Lot must be approved by the Town at a later date, and will be governed by a separate agreement which shall provide satisfactory assurances that such facilities will be operated and maintained at no cost to the Town and will be relocated or replaced at no cost to the Town in the event the facilities conflict with future development on the Town Lot." D. This Agreement is made pursuant to Section 8.13 of the Amendment to Development Agreement, and pertains to design, construction, and management of Storm Water Detention and Pollution Control Facilities (the "Facilities"). AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereby agree as follows: I . Provisions Regarding the Facilities. 1.1 Facilities Design and Construction Approval Process. The Facilities shall be designed to conform to storm water detention and pollution control requirements of the Town of Avon Master Drainage Study, dated September 1994. In addition, the design of the Facilities shall be such that as constructed the Facilities shall not interfere with Tract G surface uses, including, but not limited to, traffic circulation and parking. Approved design and construction plans for the Facilities will be based upon conformance to a Town approved Drainage Report for Tract C; anticipated reliability and maintainability of the Facilities; and compatibility of the design with Tract G surface uses. A permit for construction of the Facilities will be issued under the provisions of Chapter 12.04 of the Avon Municipal Code. Issuance of a construction permit will depend upon the Town's review and approval of fully detailed construction plans and specifications conforming to the design criteria referenced above. The construction permit will be conditioned upon provisions for timely completion of construction and restoration of Tract G disturbed areas to a functional condition at least equivalent to that existing prior to the start of construction. Prior to issuance of the construction permit, Points shall provide the Town with a security deposit (which may be in the form of a letter of credit, cash, or bond, in Points' discretion but subject to the Town's approval as to form), in an amount to be determined by the Town, which will be adequate to cover the cost of restoring all Tract G facilities and improvements removed or disturbed by construction of the Facilities. 1.2 Grant of Revocable Easement. Subject to the terms, covenants, agreements, restrictions and conditions of this Agreement, the Town hereby grants, sells and conveys to Points, as the owner of Tract C, a private, nonexclusive, revocable easement (the "Facilities Easement") over, across, under and through the portions of Tract G depicted on Exhibit C attached hereto for the purpose of the construction, installation, operation, maintenance, repair and replacement of the Facilities. The Facilities Easement shall be for the benefit of Tract C and the owner of Tract C, and shall be appurtenant to, for the benefit of, and run with title to Tract C. The Facilities Easement is non-exclusive and the owner of Tract G shall have the right to use the Facilities Easement for all other purposes not inconsistent with the rights granted to the owner of Tract C herein; provided, however, the Town shall only allow the release of or otherwise route storm water into the Facilities from Tract C, Tract G, Beaver Creek Boulevard and that parcel of land commonly referred to as Lot B, Avon Center at Beaver Creek Subdivision, at rates which will not exceed the excess capacity of the Facilities as approved in accordance with the terms of this Agreement, unless such capacity is expanded at no cost to the owner of Tract C. 1.3 The Town's Right to Revoke the Facilities Easement, and Points' Obligation Re arding Relocation of the Facilities. If, in the judgment of the Town, the location of the Facilities conflicts with the future development of Tract G, the Town may, upon providing Points with nine (9) months advance written notice, revoke the Facilities Easement granted in Section 1.2 of this Agreement, and require the relocation of the Facilities. Points shall be responsible, at its sole cost and expense, for the relocation; provided, however, that the Town will make reasonable efforts to provide Points with an alternative site for the relocated Facilities, but shall not have responsibility to guarantee or warrant that an alternative site will be available. 2 1.4 Points' Obligations While the Facilities Easement is in Effect. While the Facilities Easement is in effect, Points shall be responsible for the construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities at its sole cost and expense. The construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities, the relocation (if any) of the Facilities, and all costs and expenses associated with all of the foregoing, shall be herein referred to as the "Facilities Obligations". Points may assign, in part or in whole, the Facilities Obligations to (i) any owner's associations formed in connection with the development of Tract C; (ii) any special taxing district; or (iii) to the owner(s) of any portion of Tract C; provided that any such assignee executes and delivers a written instrument in recordable form to the Town accepting such assumption and agreeing to be bound by the terms of this Agreement. Under the terms of such assignment Points shall be released from all its obligations hereunder which are the subject of such assignment and all such obligations shall be assumed by such assignee. 1.5 Defense and Indemnity of the Town. Points hereby agrees to defend the Town against any and all claims for damages asserted against it arising out of Points' use of the Facilities; and, further, to indemnify, and hold the Town harmless from and against all liability incurred by the Town resulting from Points' use of the Facilities. 1.6 Facilities Easement Not to Commence Until the Town Provides Design Approval for the Facilities. The Facilities Easement shall not commence, and Points shall enjoy no right of entry upon Tract G for any purpose, until the Town shall have approved the design for the Facilities and issued a corresponding permit for the work under the terms and conditions of this Agreement and the provisions of Chapter 12.04 of the Avon Municipal Code. When the Facilities have been approved by the Town as fully functional, the drainage and detention easement on that portion of Tract C depicted on Exhibit C for the benefit of the Town shall terminate and the Town shall have no further right, title, or interest in said easement. The Town agrees to execute and record any further instrument necessary to complete the termination of said easement. 1.7 Town's Right to Enforce Facilities Obligations; Lien on Tract C. Should Points or its successors or assigns fail to perform, or make diligent efforts to commence to perform, any of the Facilities Obligations (including failure to operate and maintain the Facilities to function in accordance with the Drainage Report for Tract C) ten (10) days after written notice from the Town that such obligation must be performed, the Town shall have a right to perform such obligation, and all reasonable costs and expenses associated with the performance of such obligation shall be immediately due and owing to the Town and shall also be a lien upon Tract C in the amount of such costs and expenses to the Town until paid. 2. Miscellaneous 2.1 Entire Agreement. This Agreement is an integration of the entire understanding of the parties with respect to the matters stated herein. 3 2.2 Governing Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 2.2 Binding E. The terms, covenants, agreements, restrictions and conditions in this Agreement shall be construed as covenants running with the land. The terms, covenants, agreements, restrictions and conditions contained in this Agreement touch and concern the design, construction, and management of the Facilities, and the burden of such terms, covenants, agreements, restrictions and conditions shall run with Tract C and bind all subsequent owners of any portion of Tract C. The benefit of such terms, covenants, agreements, restrictions and conditions shall run to and may be enforced by Points, the Town, any successor to Points or the Town by consolidation or merger, and any other successor, assign or transferee of Points or the Town of either of Tract C or Tract G. 2.3 Not a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of Tract G to or for the general public or for any public purpose whatsoever. IN WITNESS WHEREOF, Points and the Town have executed this Agreement on the date first above written. TOWN: TOWN OF AVON, a municipal corporation By: Judy Yoder, Mayor DATE: ATTEST Kris Nash, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Burt Levin, Town Attorney STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed before me this of the Town of Avon, Colorado. My commission expires: day of , 2000, by Judy Yoder, as Mayor Notary Public POINTS: POINTS OF COLORADO, INC., a Colorado corporation ATTEST By: Print Name: STATE OF COLORADO ) ss. COUNTY OF ) Larry D. Doll, President The foregoing instrument was acknowledged before me this day of , 2000, by Larry D. Doll as President of POINTS OF COLORADO, INC., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public By: 5 EXHIBIT A TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract C Lot C, a Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, according to the plat recorded October 25, 1988 in Book 493 at Page 704, County of Eagle, State of Colorado. EXHIBIT B TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract G Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado May-16-00 03:17P Town of Avon 970 748 1958 P.10 FROM_dALLA,RD SPAHR ANDREWS&INGERSOLL (TUE? 5. 16' 00 10:09/ST. 10:04/NO. 4200000546 P 10 "< <? nr., ! vQ 8 sound R16 and Cap LS J243 ?'-- -?,??• s34,5-E 0.14' 5XHIaT# ?roan true cores `--__ R&50 00 L.M63 Tan.4M49 <<ba76 pivytq•Sjl'Z2'?1'6 1 Oath ls•J+'.!d' I LOT C .11f AC. ,rkav 61e7Ylt7i• Ar BrAkir O? aqw7a"W AT M-AWF OWrX AMEMUCN-f 14 Ds ^,Wt,W? MeJ IA2m' N \ \ M OF ^VO mmt OtNXA x?GE EASENEK[ \ R"rWj.pn NO. MOM \ I Busyc 493. Pu9t >W ? J Be \ ? y s- S Q7'JS I!? I 'i' °.?. - -fa IAOI ,, ??. • ?Q ' 'O?. Iy d17S7?f , '?rT: ' f't *rf•? .rte ,' •' J?,• •'? ; ?, M65'SO,GD?M ?l. /4 * 22.72} N 017171 ' r s eats ?' ,cawr- r' i b 12 L6 a f ivAt -: - A r AV-,# tfx r!Cdf?::jr+ rkl round Rebw and COP L3 #2431a 6 903-22'26"6 Q.07' hem Out ear*sar,/' t I AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES THIS AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES (this "Agreement") is made this _ day of , 2000, by and between the TOWN OF AVON, a Colorado municipal corporation (the "Town") and POINTS OF COLORADO, INC., a Colorado corporation ("Points"), whose address is 101 University Boulevard, Suite 450, Denver, CO 80206. RECITALS A. Points is the owner of that certain parcel of land in the Town generally known as Tract C, Avon Center at Beaver Creek Subdivision, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference ("Tract C"), and as such is successor to the rights and obligations set forth in that certain AMENDMENT TO DEVELOPMENT AGREEMENT FOR CONFLUENCE AND TRACT C ("Amendment to Development Agreement"), executed on February 23, 2000. B. The Town is the owner of that certain parcel of land in the Town generally known as Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, more particularly described on Exhibit B, attached hereto and incorporated herein by this reference ("Tract G"). C. Section 8.13 of the Amendment to Development Agreement provides: "Proposed storm water detention and pollution control facilities located on Town owned property known as Tract G (the "Town Lot"), as depicted on the Development Plan for Tract C, are approved in concept only, by the Ordinance. Design, construction, and management of the storm water detention and pollution control facilities located on the Town Lot must be approved by the Town at a later date, and will be governed by a separate agreement which shall provide satisfactory assurances that such facilities will be operated and maintained at no cost to the Town and will be relocated or replaced at no cost to the Town in the event the facilities conflict with future development on the Town Lot." D. This Agreement is made pursuant to Section 8.13 of the Amendment to Development Agreement, and-pertains to design, construction, and management of Storm Water Detention and Pollution Control Facilities (the "Facilities"). AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereby agree as follows: i 1. Provisions Regarding the Facilities. 1.1 Facilities Design and Construction Approval Process. The Facilities shall be designed to conform to storm water detention and pollution control requirements of the Town of Avon Master Drainage Study, dated September 1994. In addition, the design of the Facilities shall be such that as constructed the Facilities shall not interfere with Tract G surface uses, including, but not limited to, traffic circulation and parking. Approved design and construction plans for the Facilities will be based upon conformance to a Town approved Drainage Report for Tract C; anticipated reliability and maintainability of the Facilities; and compatibility of the design with Tract G surface uses. A permit for construction of the Facilities will be issued under the provisions of Chapter 12.04 of the Avon Municipal Code. Issuance of a construction permit will depend upon the Town's review and approval of fully detailed construction plans and specifications conforming to the design criteria referenced above. The construction permit will be conditioned upon provisions for timely completion of construction and restoration of Tract G disturbed areas to a functional condition at least equivalent to that existing prior to the start of construction. Prior to issuance of the construction permit, Points shall provide the Town with a security deposit (which may be in the form of a letter of credit, cash, or bond, in Points' discretion but subject to the Town's approval as to form), in an amount to be determined by the Town, which will be adequate to cover the cost of restoring all Tract G facilities and improvements removed or disturbed by construction of the Facilities. 1.2 Grant of Revocable Easement. Subject to the terms, covenants, agreements, restrictions and conditions of this Agreement, the Town hereby grants, sells and conveys to Points, as the owner of Tract C, a private, nonexclusive, revocable easement (the "Facilities Easement") over, across, under and through the portions of Tract G depicted on Exhibit C attached hereto for the purpose of the construction, installation, operation, maintenance, repair and replacement of the Facilities. The Facilities Easement shall be for the benefit of Tract C and the owner of Tract C, and shall be appurtenant to, for the benefit of, and run with title to Tract C. The Facilities Easement is non-exclusive and the owner of Tract G shall have the right to use the Facilities Easement for all other purposes not inconsistent with the rights granted to the owner of Tract C herein; provided, however, the Town shall only allow the release of or otherwise route storm water into the Facilities from Tract C, Tract G, Beaver Creek Boulevard and that parcel of land commonly referred to as Lot B, Avon Center at Beaver Creek Subdivision, at rates which will not exceed the excess capacity of the Facilities as approved in accordance with the terms of this Agreement, unless such capacity is expanded at no cost to the owner of Tract C. 1.3 The Town's Right to Revoke the Facilities Easement, and Points' Obli ag tion Regarding Relocation of the Facilities. If, in the judgment of the Town, the location of the Facilities conflicts with the future development of Tract G, the Town may, upon providing Points with nine (9) months advance written notice, revoke the Facilities Easement granted in Section 1.2 of this Agreement, and require the relocation of the Facilities. Points shall be responsible, at its sole cost and expense, for the relocation; provided, however, that the Town will make reasonable efforts to provide Points with an alternative site for the relocated Facilities, but shall not have responsibility to guarantee or warrant that an alternative site will be available. I 1.4 Points' Obligations While the Facilities Easement is in Effect. While the Facilities Easement is in effect, Points shall be responsible for the construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities at its sole cost and expense. The construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities, the relocation (if any) of the Facilities, and all costs and expenses associated with all of the foregoing, shall be herein referred to as the "Facilities Obligations". Points may assign, in part or in whole, the Facilities Obligations to (i) any owner's associations formed in connection with the development of Tract C; (ii) any special taxing district; or (iii) to the owner(s) of any portion of Tract C; provided that any such assignee executes and delivers a written instrument in recordable form to the Town accepting such assumption and agreeing to be bound by the terms of this Agreement. Under the terms of such assignment Points shall be released from all its obligations hereunder which are the subject of such assignment and all such obligations shall be assumed by such assignee. 1.5 Defense and Indemnity of the Town. Points hereby agrees to defend the Town against any and all claims for damages asserted against it arising out of Points' use of the Facilities; and, further, to indemnify, and hold the Town harmless from and against all liability incurred by the Town resulting from Points' use of the Facilities. 1.6 Facilities Easement Not to Commence Until the Town Provides Design Approval for the Facilities. The Facilities Easement shall not commence, and Points shall enjoy no right of entry upon Tract G for any purpose, until the Town shall have approved the design for the Facilities and issued a corresponding permit for the work under the terms and conditions of this Agreement and the provisions of Chapter 12.04 of the Avon Municipal Code. When the Facilities have been approved by the Town as fully functional, the drainage and detention easement on that portion of Tract C depicted on Exhibit C for the benefit of the Town shall terminate and the Town shall have no further right, title, or interest in said easement. The Town agrees to execute and record any further instrument necessary to complete the termination of said easement. 1.7 Town's Right to Enforce Facilities Obligations; Lien on Tract C. Should Points or its successors or assigns fail to perform, or make diligent efforts to commence to perform, any of the Facilities Obligations (including failure to operate and maintain the Facilities to function in accordance with the Drainage Report for Tract C) ten (10) days after written notice from the Town that such obligation must be performed, the Town shall have a right to perform such obligation, and all reasonable costs and expenses associated with the performance of such obligation shall be immediately due and owing to the Town and shall also be a lien upon Tract C in the amount of such costs and expenses to the Town until paid. 2. Miscellaneous 2.1 Entire Agreement. This Agreement is an integration of the entire understanding of the parties with respect to the matters stated herein. 3 t 2.2 Governing Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 2.2 Binding Effect. The terms, covenants, agreements, restrictions and conditions in this Agreement shall be construed as covenants running with the land. The terms, covenants, agreements, restrictions and conditions contained in this Agreement touch and concern the design, construction, and management of the Facilities, and the burden of such terms, covenants, agreements, restrictions and conditions shall run with Tract C and bind all subsequent owners of any portion of Tract C. The benefit of such terms, covenants, agreements, restrictions and conditions shall run to and may be enforced by Points, the Town, any successor to Points or the Town by consolidation or merger, and any other successor, assign or transferee of Points or the Town of either of Tract C or Tract G. 2.3 Not a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of Tract G to or for the general public or for any public purpose whatsoever. IN WITNESS WHEREOF, Points and the Town have executed this Agreement on the date first above written. TOWN: TOWN OF AVON, a municipal corporation By: Judy Yoder, Mayor DATE: ATTEST Kris Nash, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Burt Levin, Town Attorney 4 I STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed before me this of the Town of Avon, Colorado. My commission expires: day of , 2000, by Judy Yoder, as Mayor Notary Public POINTS: POINTS OF COLORADO, INC., a Colorado corporation ATTEST By: By: Larry D. Doll, President Print Name: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2000, by Larry D. Doll as President of POINTS OF COLORADO, INC., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public 5 EXHIBIT A TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract C Lot C, a Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, according to the plat recorded October 25, 1988 in Book 493 at Page 704, County of Eagle, State of Colorado. EXHIBIT B TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract G Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado e May-16-00 03:17P Town of Avon 970 748 1958 P.10 FROM_3ALLARD SPAHR ANDREWS&INGERSOLL JUE? 5. 16' 00 10:09/ST. 10:04/NO. 4200000546 P 10 ` Y Fo,y.d RaDOr a+d Cop ? _ r ?? Q 8 LS 4316 f // SS l5rZ3 "E 0-14' from tru• Corns R?W-0D _ S L-M? Tan=41149 C-M 7S Dsvlnq?Stt'?t?l'E Odto- LOT C 1424 Ac. A xwa aA1 AAV Ar3WlrJfQM Ir A7 M-A" OW rJe AaA WW r 14 Alc,gv /+a? Ma S apo 49, 9V ll7s ? ? tivni:ss?? l.?m' Towt OF ^VOK i pE EASIMEKI R.c%VI?y1-pm NO. 0. MS M \_ I BUak 493. Pu99 \? I ?\ l 3 ' • Cy ? t -?-P s s erls'd" or lw orl' Al" .07 /* OF N /17171' E 60" LC 0 it AAW aW-7A A A r Ar-O Wa J Found ttdwr and cop T_ 1 w #24318 6s?i I s03-22'26'c from true comtT??' ?: ! PG ?3,s'ni-r 22.72• ?? ?? dlt V I AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES THIS AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES (this "Agreement") is made this day of , 2000, by and between the TOWN OF AVON, a Colorado municipal corporation (the "Town") and POINTS OF COLORADO, INC., a Colorado corporation ("Points"), whose address is 101 University Boulevard, Suite 450, Denver, CO 80206. RECITALS A. Points is the owner of that certain parcel of land in the Town generally known as Tract C, Avon Center at Beaver Creek Subdivision, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference ("Tract C"), and as such is successor to the rights and obligations set forth in that certain AMENDMENT TO DEVELOPMENT AGREEMENT FOR CONFLUENCE AND TRACT C ("Amendment to Development Agreement"), executed on February 23, 2000. B. The Town is the owner of that certain parcel of land in the Town generally known as Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, more particularly described on Exhibit B, attached hereto and incorporated herein by this reference ("Tract G"). C. Section 8.13 of the Amendment to Development Agreement provides: "Proposed storm water detention and pollution control facilities located on Town owned property known as Tract G (the "Town Lot"), as depicted on the Development Plan for Tract C, are approved in concept only, by the Ordinance. Design, construction, and management of the storm water detention and pollution control facilities located on the Town Lot must be approved by the Town at a later date, and will be governed by a separate agreement which shall provide satisfactory assurances that such facilities will be operated and maintained at no cost to the Town and will be relocated or replaced at no cost to the Town in the event the facilities conflict with future development on the Town Lot." D. This Agreement is made pursuant to Section 8.13 of the Amendment to Development Agreement, and pertains to design, construction, and management of Storm Water Detention and Pollution Control Facilities (the "Facilities"). AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereby agree as follows: i Provisions Regarding the Facilities. 1.1 Facilities Design and Construction Approval Process. The Facilities shall be designed to conform to storm water detention and pollution control requirements of the Town of Avon Master Drainage Study, dated September 1994. In addition, the design of the Facilities shall be such that as constructed the Facilities shall not interfere with Tract G surface uses, including, but not limited to, traffic circulation and parking. Approved design and construction plans for the Facilities will be based upon conformance to a Town approved Drainage Report for Tract C; anticipated reliability and maintainability of the Facilities; and compatibility of the design with Tract G surface uses. A permit for construction of the Facilities will be issued under the provisions of Chapter 12.04 of the Avon Municipal Code. Issuance of a construction permit will depend upon the Town's review and approval of fully detailed construction plans and specifications conforming to the design criteria referenced above. The construction permit will be conditioned upon provisions for timely completion of construction and restoration of Tract G disturbed areas to a functional condition at least equivalent to that existing prior to the start of construction. Prior to issuance of the construction permit, Points shall provide the Town with a security deposit (which may be in the form of a letter of credit, cash, or bond, in Points' discretion but subject to the Town's approval as to form), in an amount to be determined by the Town, which will be adequate to cover the cost of restoring all Tract G facilities and improvements removed or disturbed by construction of the Facilities. 1.2 Grant of Revocable Easement. Subject to the terms, covenants, agreements, restrictions and conditions of this Agreement, the Town hereby grants, sells and conveys to Points, as the owner of Tract C, a private, nonexclusive, revocable easement (the "Facilities Easement") over, across, under and through the portions of Tract G depicted on Exhibit C attached hereto for the purpose of the construction, installation, operation, maintenance, repair and replacement of the Facilities. The Facilities Easement shall be for the benefit of Tract C and the owner of Tract C, and shall be appurtenant to, for the benefit of, and run with title to Tract C. The Facilities Easement is non-exclusive and the owner of Tract G shall have the right to use the Facilities Easement for all other purposes not inconsistent with the rights granted to the owner of Tract C herein; provided, however, the Town shall only allow the release of or otherwise route storm water into the Facilities from Tract C, Tract G, Beaver Creek Boulevard and that parcel of land commonly referred to as Lot B, Avon Center at Beaver Creek Subdivision, at rates which will not exceed the excess capacity of the Facilities as approved in accordance with the terms of this Agreement, unless such capacity is expanded at no cost to the owner of Tract C. 1.3 The Town's Right to Revoke the Facilities Easement, and Points' Obligation Regarding Relocation of the Facilities. If, in the judgment of the Town, the location of the Facilities conflicts with the future development of Tract G, the Town may, upon providing Points with nine (9) months advance written notice, revoke the Facilities Easement granted in Section 1.2 of this Agreement, and require the relocation of the Facilities. Points shall be responsible, at its sole cost and expense, for the relocation; provided, however, that the Town will make reasonable efforts to provide Points with an alternative site for the relocated Facilities, but shall not have responsibility to guarantee or warrant that an alternative site will be available. 1.4 Points' Obligations While the Facilities Easement is in Effect. While the Facilities Easement is in effect, Points shall be responsible for the construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities at its sole cost and expense. The construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities, the relocation (if any) of the Facilities, and all costs and expenses associated with all of the foregoing, shall be herein referred to as the "Facilities Obligations". Points may assign, in part or in whole, the Facilities Obligations to (i) any owner's associations formed in connection with the development of Tract C; (ii) any special taxing district; or (iii) to the owner(s) of any portion of Tract C; provided that any such assignee executes and delivers a written instrument in recordable form to the Town accepting such assumption and agreeing to be bound by the terms of this Agreement. Under the terms of such assignment Points shall be released from all its obligations hereunder which are the subject of such assignment and all such obligations shall be assumed by such assignee. 1.5 Defense and Indemnity of the Town. Points hereby agrees to defend the Town against any and all claims for damages asserted against it arising out of Points' use of the Facilities; and, further, to indemnify, and hold the Town harmless from and against all liability incurred by the Town resulting from Points' use of the Facilities. 1.6 Facilities Easement Not to Commence Until the Town Provides Design Approval for the Facilities. The Facilities Easement shall not commence, and Points shall enjoy no right of entry upon Tract G for any purpose, until the Town shall have approved the design for the Facilities and issued a corresponding permit for the work under the terms and conditions of this Agreement and the provisions of Chapter 12.04 of the Avon Municipal Code. When the Facilities have been approved by the Town as fully functional, the drainage and detention easement on that portion of Tract C depicted on Exhibit C for the benefit of the Town shall terminate and the Town shall have no further right, title, or interest in said easement. The Town agrees to execute and record any further instrument necessary to complete the termination of said easement. 1.7 Town's Right to Enforce Facilities Obligations; Lien on Tract C. Should Points or its successors or assigns fail to perform, or make diligent efforts to commence to perform, any of the Facilities Obligations (including failure to operate and maintain the Facilities to function in accordance with the Drainage Report for Tract C) ten (10) days after written notice from the Town that such obligation must be performed, the Town shall have a right to perform such obligation, and all reasonable costs and expenses associated with the performance of such obligation shall be immediately due and owing to the Town and shall also be a lien upon Tract C in the amount of such costs and expenses to the Town until paid. 2. Miscellaneous 2.1 Entire Agreement. This Agreement is an integration of the entire understanding of the parties with respect to the matters stated herein. 3 2.2 Governing Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 2.2 Binding Effect. The terms, covenants, agreements, restrictions and conditions in this Agreement shall be construed as covenants running with the land. The terms, covenants, agreements, restrictions and conditions contained in this Agreement touch and concern the design, construction, and management of the Facilities, and the burden of such terms, covenants, agreements, restrictions and conditions shall run with Tract C and bind all subsequent owners of any portion of Tract C. The benefit of such terms, covenants, agreements, restrictions and conditions shall run to and may be enforced by Points, the Town, any successor to Points or the Town by consolidation or merger, and any other successor, assign or transferee of Points or the Town of either of Tract C or Tract G. 2.3 Not a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of Tract G to or for the general public or for any public purpose whatsoever. IN WITNESS WHEREOF, Points and the Town have executed this Agreement on the date first above written. TOWN: TOWN OF AVON, a municipal corporation By: Judy Yoder, Mayor DATE: ATTEST Kris Nash, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Burt Levin, Town Attorney 4 STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed before me this of the Town of Avon, Colorado. My commission expires: day of , 2000, by Judy Yoder, as Mayor Notary Public POINTS: POINTS OF COLORADO, INC., a Colorado corporation ATTEST By: By: Larry D. Doll, President Print Name: STATE OF COLORADO ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of , 2000, by Larry D. Doll as President of POINTS OF COLORADO, INC., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public 5 EXHIBIT A TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract C Lot C, a Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, according to the plat recorded October 25, 1988 in Book 493 at Page 704, County of Eagle, State of Colorado. h EXHIBIT B TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract G Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado 7 May-16-00 03:17P Town of Avon 970 748 1958 P.10 ' FROM_aAL'ARD 'SPAHR ANDREWS&INGERSOLL (TUE? 5. 1 00 10:0947 10:0VN0. 4200000546 P 10 _ ••l ice, ` YQ g Found Rabar on+d Cop t ?? ?XN/,mar ' C `= 124316 ---?? sS.STZ3'"E a14' hoer n+s corns' Tdn.4G. 49 C-Aa7b Osar"-S30AW41*6 DdUP- "'3C LOT C I'M AC ? fAtt[ Ht?t.w7.vFSt?SD'N9l?v Lip A33cWhom AU IM M aMO 4SU )We M4 i - ?crnix+'1? ism 7 IONS' of vox pitluxaGE Ew5E11EKt Rem+1.0e N0. -Mew Boot 493. Pugs 1 Bey ?? ' 1 S x173'11 ? I 'i- - °.?• oat :: --??. 7" - JP ' • .ice ?'k'n??Ev..r i f'7 22.72' z? A r Ax4 M.a Found rtabor and Cop 4w is #24314 6 ' S0322'20'6 0.07 corov,.' , r kdw Out ?? ! LPG /fir= AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES THIS AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES (this "Agreement") is made this day of , 2000, by and between the TOWN OF AVON, a Colorado municipal corporation (the "Town") and POINTS OF COLORADO, INC., a Colorado corporation ("Points"), whose address is 101 University Boulevard, Suite 450, Denver, CO 80206. RECITALS A. Points is the owner of that certain parcel of land in the Town generally known as Tract C, Avon Center at Beaver Creek Subdivision, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference ("Tract C"), and as such is successor to the rights and obligations set forth in that certain AMENDMENT TO DEVELOPMENT AGREEMENT FOR CONFLUENCE AND TRACT C ("Amendment to Development Agreement"), executed on February 23, 2000. B. The Town is the owner of that certain parcel of land in the Town generally known as Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, more particularly described on Exhibit B, attached hereto and incorporated herein by this reference ("Tract G"). C. Section 8.13 of the Amendment to Development Agreement provides: "Proposed storm water detention and pollution control facilities located on Town owned property known as Tract G (the "Town Lot"), as depicted on the Development Plan for Tract C, are approved in concept only, by the Ordinance. Design, construction, and management of the storm water detention and pollution control facilities located on the Town Lot must be approved by the Town at a later date, and will be governed by a separate agreement which shall provide satisfactory assurances that such facilities will be operated and maintained at no cost to the Town and will be relocated or replaced at no cost to the Town in the event the facilities conflict with future development on the Town Lot." D. This Agreement is made pursuant to Section 8.13 of the Amendment to Development Agreement, and pertains to design, construction, and management of Storm Water Detention and Pollution Control Facilities (the "Facilities"). AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. Provisions Regarding the Facilities. 1.1 Facilities Design and Construction Approval Process. The Facilities shall be designed to conform to storm water detention and pollution control requirements of the Town of Avon Master Drainage Study, dated September 1994. In addition, the design of the Facilities shall be such that as constructed the Facilities shall not interfere with Tract G surface uses, including, but not limited to, traffic circulation and parking. Approved design and construction plans for the Facilities will be based upon conformance to a Town approved Drainage Report for Tract C; anticipated reliability and maintainability of the Facilities; and compatibility of the design with Tract G surface uses. A permit for construction of the Facilities will be issued under the provisions of Chapter 12.04 of the Avon Municipal Code. Issuance of a construction permit will depend upon the Town's review and approval of fully detailed construction plans and specifications conforming to the design criteria referenced above. The construction permit will be conditioned upon provisions for timely completion of construction and restoration of Tract G disturbed areas to a functional condition at least equivalent to that existing prior to the start of construction. Prior to issuance of the construction permit, Points shall provide the Town with a security deposit (which may be in the form of a letter of credit, cash, or bond, in Points' discretion but subject to the Town's approval as to form), in an amount to be determined by the Town, which will be adequate to cover the cost of restoring all Tract G facilities and improvements removed or disturbed by construction of the Facilities. 1.2 Grant of Revocable Easement. Subject to the terms, covenants, agreements, restrictions and conditions of this Agreement, the Town hereby grants, sells and conveys to Points, as the owner of Tract C, a private, nonexclusive, revocable easement (the "Facilities Easement") over, across, under and through the portions of Tract G depicted on Exhibit C attached hereto for the purpose of the construction, installation, operation, maintenance, repair and replacement of the Facilities. The Facilities Easement shall be for the benefit of Tract C and the owner of Tract C, and shall be appurtenant to, for the benefit of, and run with title to Tract C. The Facilities Easement is non-exclusive and the owner of Tract G shall have the right to use the Facilities Easement for all other purposes not inconsistent with the rights granted to the owner of Tract C herein; provided, however, the Town shall only allow the release of or otherwise route storm water into the Facilities from Tract C, Tract G, Beaver Creek Boulevard and that parcel of land commonly referred to as Lot B, Avon Center at Beaver Creek Subdivision, at rates which will not exceed the excess capacity of the Facilities as approved in accordance with the terms of this Agreement, unless such capacity is expanded at no cost to the owner of Tract C. 1.3 The Town's Right to Revoke the Facilities Easement, and Points' Obli ag tion Regarding Relocation of the Facilities. If, in the judgment of the Town, the location of the Facilities conflicts with the future development of Tract G, the Town may, upon providing Points with nine (9) months advance written notice, revoke the Facilities Easement granted in Section 1.2 of this Agreement, and require the relocation of the Facilities. Points shall be responsible, at its sole cost and expense, for the relocation; provided, however, that the Town will make reasonable efforts to provide Points with an alternative site for the relocated Facilities, but shall not have responsibility to guarantee or warrant that an alternative site will be available. 2 1.4 Points' Obligations While the Facilities Easement is in Effect. While the Facilities Easement is in effect, Points shall be responsible for the construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities at its sole cost and expense. The construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities, the relocation (if any) of the Facilities, and all costs and expenses associated with all of the foregoing, shall be herein referred to as the "Facilities Obligations". Points may assign, in part or in whole, the Facilities Obligations to (i) any owner's associations formed in connection with the development of Tract C; (ii) any special taxing district; or (iii) to the owner(s) of any portion of Tract C; provided that any such assignee executes and delivers a written instrument in recordable form to the Town accepting such assumption and agreeing to be bound by the terms of this Agreement. Under the terms of such assignment Points shall be released from all its obligations hereunder which are the subject of such assignment and all such obligations shall be assumed by such assignee. 1.5 Defense and Indemnity of the Town. Points hereby agrees to defend the Town against any and all claims for damages asserted against it arising out of Points' use of the Facilities; and, further, to indemnify, and hold the Town harmless from and against all liability incurred by the Town resulting from Points' use of the Facilities. 1.6 Facilities Easement Not to Commence Until the Town Provides Design Approval for the Facilities. The Facilities Easement shall not commence, and Points shall enjoy no right of entry upon Tract G for any purpose, until the Town shall have approved the design for the Facilities and issued a corresponding permit for the work under the terms and conditions of this Agreement and the provisions of Chapter 12.04 of the Avon Municipal Code. When the Facilities have been approved by the Town as fully functional, the drainage and detention easement on that portion of Tract C depicted on Exhibit C for the benefit of the Town shall terminate and the Town shall have no further right, title, or interest in said easement. The Town agrees to execute and record any further instrument necessary to complete the termination of said easement. 1.7 Town's Right to Enforce Facilities Obligations; Lien on Tract C Should Points or its successors or assigns fail to perform, or make diligent efforts to commence to perform, any of the Facilities Obligations (including failure to operate and maintain the Facilities to function in accordance with the Drainage Report for Tract C) ten (10) days after written notice from the Town that such obligation must be performed, the Town shall have a right to perform such obligation, and all reasonable costs and expenses associated with the performance of such obligation shall be immediately due and owing to the Town and shall also be a lien upon Tract C in the amount of such costs and expenses to the Town until paid. 2. Miscellaneous 2.1 Entire Agreement. This Agreement is an integration of the entire understanding of the parties with respect to the matters stated herein. 3 2.2 Governing Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 2.2 Binding Effect. The terms, covenants, agreements, restrictions and conditions in this Agreement shall be construed as covenants running with the land. The terms, covenants, agreements, restrictions and conditions contained in this Agreement touch and concern the design, construction, and management of the Facilities, and the burden of such terms, covenants, agreements, restrictions and conditions shall run with Tract C and bind all subsequent owners of any portion of Tract C. The benefit of such terms, covenants, agreements, restrictions and conditions shall run to and may be enforced by Points, the Town, any successor to Points or the Town by consolidation or merger, and any other successor, assign or transferee of Points or the Town of either of Tract C or Tract G. 2.3 Not a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of Tract G to or for the general public or for any public purpose whatsoever. IN WITNESS WHEREOF, Points and the Town have executed this Agreement on the date first above written. TOWN: TOWN OF AVON, a municipal corporation By: Judy Yoder, Mayor DATE: ATTEST Kris Nash, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Burt Levin, Town Attorney 4 t I STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed before me this of the Town of Avon, Colorado. My commission expires: day of , 2000, by Judy Yoder, as Mayor Notary Public POINTS: POINTS OF COLORADO, INC., a Colorado corporation ATTEST By: By: Larry D. Doll, President Print Name: STATE OF COLORADO ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of , 2000, by Larry D. Doll as President of POINTS OF COLORADO, INC., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public 5 EXHIBIT A TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract C Lot C, a Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, according to the plat recorded October 25, 1988 in Book 493 at Page 704, County of Eagle, State of Colorado. EXHIBIT B TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract G Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado 7 May-16-00 03:17P Town of Avon 970 748 1958 FROM_aAL'ARD 'SPAHR ANDREWS&1NGERJOL! (TUE? 5.16' 00 10:09/ST. 10:04/N0. 4200000546 Out, vQ g iwumd R.eor and Cop 4310 s34S723-E a-» t 5,rH?B/r C LS R from true corns Rc?a_00 Tau-4M 4a C-Aa 76 uxarinq•S3S'22'4CE L OT C f sAUC nA F A40 ArSUVWAW LV e` ti day \ , Cy '?'tF OV " ::L- 60' P.10 P 10 L !r .J a-.7 P II YUy V '7 rotor OF AVON MpimAGE EASEMEKC -4 .? r 6 1?? ?.r?::a?• ,%t j a« ?,+•fY? Na 3a9so0 I 1 1 BX* •93. Puat ? I I ? Found Oebw and COP aa to #24318 gp?Z2'20'c 9.07 • i„ . From Out carnEr- (' V pro " AF /I Z71" t .M. 4j, AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES THIS AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES (this "Agreement") is made this day of , 2000, by and between the TOWN OF AVON, a Colorado municipal corporation (the "Town") and POINTS OF COLORADO, INC., a Colorado corporation ("Points"), whose address is 101 University Boulevard, Suite 450, Denver, CO 80206. RECITALS A. Points is the owner of that certain parcel of land in the Town generally known as Tract C, Avon Center at Beaver Creek Subdivision, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference ("Tract C"), and as such is successor to the rights and obligations set forth in that certain AMENDMENT TO DEVELOPMENT AGREEMENT FOR CONFLUENCE AND TRACT C ("Amendment to Development Agreement"), executed on February 23, 2000. B. The Town is the owner of that certain parcel of land in the Town generally known as Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, more particularly described on Exhibit B, attached hereto and incorporated herein by this reference ("Tract G"). C. Section 8.13 of the Amendment to Development Agreement provides: "Proposed storm water detention and pollution control facilities located on Town owned property known as Tract G (the "Town Lot"), as depicted on the Development Plan for Tract C, are approved in concept only, by the Ordinance. Design, construction, and management of the storm water detention and pollution control facilities located on the Town Lot must be approved by the Town at a later date, and will be governed by a separate agreement which shall provide satisfactory assurances that such facilities will be operated and maintained at no cost to the Town and will be relocated or replaced at no cost to the Town in the event the facilities conflict with future development on the Town Lot." D. This Agreement is made pursuant to Section 8.13 of the Amendment to Development Agreement, and pertains to design, construction, and management of Storm Water Detention and Pollution Control Facilities (the "Facilities"). AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereby agree as follows: A 1. Provisions Regarding the Facilities. 1.1 Facilities Design and Construction Approval Process. The Facilities shall be designed to conform to storm water detention and pollution control requirements of the Town of Avon Master Drainage Study, dated September 1994. In addition, the design of the Facilities shall be such that as constructed the Facilities shall not interfere with Tract G surface uses, including, but not limited to, traffic circulation and parking. Approved design and construction plans for the Facilities will be based upon conformance to a Town approved Drainage Report for Tract C; anticipated reliability and maintainability of the Facilities; and compatibility of the design with Tract G surface uses. A permit for construction of the Facilities will be issued under the provisions of Chapter 12.04 of the Avon Municipal Code. Issuance of a construction permit will depend upon the Town's review and approval of fully detailed construction plans and specifications conforming to the design criteria referenced above. The construction permit will be conditioned upon provisions for timely completion of construction and restoration of Tract G disturbed areas to a functional condition at least equivalent to that existing prior to the start of construction. Prior to issuance of the construction permit, Points shall provide the Town with a security deposit (which may be in the form of a letter of credit, cash, or bond, in Points' discretion but subject to the Town's approval as to form), in an amount to be determined by the Town, which will be adequate to cover the cost of restoring all Tract G facilities and improvements removed or disturbed by construction of the Facilities. 1.2 Grant of Revocable Easement. Subject to the terms, covenants, agreements, restrictions and conditions of this Agreement, the Town hereby grants, sells and conveys to Points, as the owner of Tract C, a private, nonexclusive, revocable easement (the "Facilities Easement") over, across, under and through the portions of Tract G depicted on Exhibit C attached hereto for the purpose of the construction, installation, operation, maintenance, repair and replacement of the Facilities. The Facilities Easement shall be for the benefit of Tract C and the owner of Tract C, and shall be appurtenant to, for the benefit of, and run with title to Tract C. The Facilities Easement is non-exclusive and the owner of Tract G shall have the right to use the Facilities Easement for all other purposes not inconsistent with the rights granted to the owner of Tract C herein; provided, however, the Town shall only allow the release of or otherwise route storm water into the Facilities from Tract C, Tract G, Beaver Creek Boulevard and that parcel of land commonly referred to as Lot B, Avon Center at Beaver Creek Subdivision, at rates which will not exceed the excess capacity of the Facilities as approved in accordance with the terms of this Agreement, unless such capacity is expanded at no cost to the owner of Tract C. 1.3 The Town's Right to Revoke the Facilities Easement, and Points' Obligation Regarding Relocation of the Facilities. If, in the judgment of the Town, the location of the Facilities conflicts with the future development of Tract G, the Town may, upon providing Points with nine (9) months advance written notice, revoke the Facilities Easement granted in Section 1.2 of this Agreement, and require the relocation of the Facilities. Points shall be responsible, at its sole cost and expense, for the relocation; provided, however, that the Town will make reasonable efforts to provide Points with an alternative site for the relocated Facilities, but shall not have responsibility to guarantee or warrant that an alternative site will be available. 1.4 Points' Obligations While the Facilities Easement is in Effect. While the Facilities Easement is in effect, Points shall be responsible for the construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities at its sole cost and expense. The construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities, the relocation (if any) of the Facilities, and all costs and expenses associated with all of the foregoing, shall be herein referred to as the "Facilities Obligations". Points may assign, in part or in whole, the Facilities Obligations to (i) any owner's associations formed in connection with the development of Tract C; (ii) any special taxing district; or (iii) to the owner(s) of any portion of Tract C; provided that any such assignee executes and delivers a written instrument in recordable form to the Town accepting such assumption and agreeing to be bound by the terms of this Agreement. Under the terms of such assignment Points shall be released from all its obligations hereunder which are the subject of such assignment and all such obligations shall be assumed by such assignee. 1.5 Defense and Indemnity of the Town. Points hereby agrees to defend the Town against any and all claims for damages asserted against it arising out of Points' use of the Facilities; and, further, to indemnify, and hold the Town harmless from and against all liability incurred by the Town resulting from Points' use of the Facilities. 1.6 Facilities Easement Not to Commence Until the Town Provides Design Approval for the Facilities. The Facilities Easement shall not commence, and Points shall enjoy no right of entry upon Tract G for any purpose, until the Town shall have approved the design for the Facilities and issued a corresponding permit for the work under the terms and conditions of this Agreement and the provisions of Chapter 12.04 of the Avon Municipal Code. When the Facilities have been approved by the Town as fully functional, the drainage and detention easement on that portion of Tract C depicted on Exhibit C for the benefit of the Town shall terminate and the Town shall have no further right, title, or interest in said easement. The Town agrees to execute and record any further instrument necessary to complete the termination of said easement. 1.7 Town's Right to Enforce Facilities Obligations; Lien on Tract C Should Points or its successors or assigns fail to perform, or make diligent efforts to commence to perform, any of the Facilities Obligations (including failure to operate and maintain the Facilities to function in accordance with the Drainage Report for Tract C) ten (10) days after written notice from the Town that such obligation must be performed, the Town shall have a right to perform such obligation, and all reasonable costs and expenses associated with the performance of such obligation shall be immediately due and owing to the Town and shall also be a lien upon Tract C in the amount of such costs and expenses to the Town until paid. 2. Miscellaneous 2.1 Entire Agreement. This Agreement is an integration of the entire understanding of the parties with respect to the matters stated herein. 3 2.2 Governing Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 2.2 Binding Effect. The terms, covenants, agreements, restrictions and conditions in this Agreement shall be construed as covenants running with the land. The terms, covenants, agreements, restrictions and conditions contained in this Agreement touch and concern the design, construction, and management of the Facilities, and the burden of such terms, covenants, agreements, restrictions and conditions shall run with Tract C and bind all subsequent owners of any portion of Tract C. The benefit of such terms, covenants, agreements, restrictions and conditions shall run to and may be enforced by Points, the Town, any successor to Points or the Town by consolidation or merger, and any other successor, assign or transferee of Points or the Town of either of Tract C or Tract G. 2.3 Not a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of Tract G to or for the general public or for any public purpose whatsoever. IN WITNESS WHEREOF, Points and the Town have executed this Agreement on the date first above written. TOWN: TOWN OF AVON, a municipal corporation By: Judy Yoder, Mayor DATE: ATTEST Kris Nash, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Burt Levin, Town Attorney 4 w 0 STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed before me this of the Town of Avon, Colorado. My commission expires: day of , 2000, by Judy Yoder, as Mayor Notary Public POINTS: POINTS OF COLORADO, INC., a Colorado corporation ATTEST By: By: Print Name: STATE OF COLORADO ) ss. COUNTY OF 1 Larry D. Doll, President The foregoing instrument was acknowledged before me this day of , 2000, by Larry D. Doll as President of POINTS OF COLORADO, INC., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public 5 EXHIBIT A TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract C Lot C, a Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, according to the plat recorded October 25, 1988 in Book 493 at Page 704, County of Eagle, State of Colorado. EXHIBIT B TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract G Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado 7 e May-16-00 03:17P Town of Avon 970 748 1958 P.10 FROM_aALLARD 'SPAHR ANDREWSMNGERJOLL (TUE;5. 16' 00 10:09/ST. 10:04/NO. 4200000546 P 10 T•` ?{ M4 ` ?Q v Found RaDar and Cap LS J24310 Mff S3?ST23'"E 0.t? -??? from true cVnc ++ 5XH191 R?'W-00 Tanm4M O C-ha7c 0cWInq.S21'22'+t'E Wnaa "'3d' L QT C .IJ4 ?pym„A is Mai J8 i-Ve X4 1 W TOM AVON QtNxAGE EA.SEtrEKL Rgcavl•pn No- Usm g,pt 03. Not M4 I 1 7? f S a773Il? II 'i °.?• w AIJ? w pl 14 * Al ll ?17J' C J4.4j 22.72 Fourw R.s.r and Goa b`? L3 ?2431a 6 903-21'20'1; 0.07 a From Irac cartLe?.' ? I J , LC D A r Rr-O Ltu /r^te1P:: 40 V AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES THIS AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES (this "Agreement") is made this day of , 2000, by and between the TOWN OF AVON, a Colorado municipal corporation (the "Town") and POINTS OF COLORADO, INC., a Colorado corporation ("Points"), whose address is 101 University Boulevard, Suite 450, Denver, CO 80206. RECITALS A. Points is the owner of that certain parcel of land in the Town generally known as Tract C, Avon Center at Beaver Creek Subdivision, more particularly described on Exhibit A, attached hereto and incorporated herein by this reference ("Tract C"), and as such is successor to the rights and obligations set forth in that certain AMENDMENT TO DEVELOPMENT AGREEMENT FOR CONFLUENCE AND TRACT C ("Amendment to Development Agreement"), executed on February 23, 2000. B. The Town is the owner of that certain parcel of land in the Town generally known as Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, more particularly described on Exhibit B, attached hereto and incorporated herein by this reference ("Tract G"). C. Section 8.13 of the Amendment to Development Agreement provides: "Proposed storm water detention and pollution control facilities located on Town owned property known as Tract G (the "Town Lot"), as depicted on the Development Plan for Tract C, are approved in concept only, by the Ordinance. Design, construction, and management of the storm water detention and pollution control facilities located on the Town Lot must be approved by the Town at a later date, and will be governed by a separate agreement which shall provide satisfactory assurances that such facilities will be operated and maintained at no cost to the Town and will be relocated or replaced at no cost to the Town in the event the facilities conflict with future development on the Town Lot." D. This Agreement is made pursuant to Section 8.13 of the Amendment to Development Agreement, and pertains to design, construction, and management of Storm Water Detention and Pollution Control Facilities (the "Facilities"). AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereby agree as follows: Provisions Regarding the Facilities. 1.1 Facilities Design and Construction Approval Process. The Facilities shall be designed to conform to storm water detention and pollution control requirements of the Town of Avon Master Drainage Study, dated September 1994. In addition, the design of the Facilities shall be such that as constructed the Facilities shall not interfere with Tract G surface uses, including, but not limited to, traffic circulation and parking. Approved design and construction plans for the Facilities will be based upon conformance to a Town approved Drainage Report for Tract C; anticipated reliability and maintainability of the Facilities; and compatibility of the design with Tract G surface uses. A permit for construction of the Facilities will be issued under the provisions of Chapter 12.04 of the Avon Municipal Code. Issuance of a construction permit will depend upon the Town's review and approval of fully detailed construction plans and specifications conforming to the design criteria referenced above. The construction permit will be conditioned upon provisions for timely completion of construction and restoration of Tract G disturbed areas to a functional condition at least equivalent to that existing prior to the start of construction. Prior to issuance of the construction permit, Points shall provide the Town with a security deposit (which may be in the form of a letter of credit, cash, or bond, in Points' discretion but subject to the Town's approval as to form), in an amount to be determined by the Town, which will be adequate to cover the cost of restoring all Tract G facilities and improvements removed or disturbed by construction of the Facilities. 1.2 Grant of Revocable Easement. Subject to the terms, covenants, agreements, restrictions and conditions of this Agreement, the Town hereby grants, sells and conveys to Points, as the owner of Tract C, a private, nonexclusive, revocable easement (the "Facilities Easement") over, across, under and through the portions of Tract G depicted on Exhibit C attached hereto for the purpose of the construction, installation, operation, maintenance, repair and replacement of the Facilities. The Facilities Easement shall be for the benefit of Tract C and the owner of Tract C, and shall be appurtenant to, for the benefit of, and run with title to Tract C. The Facilities Easement is non-exclusive and the owner of Tract G shall have the right to use the Facilities Easement for all other purposes not inconsistent with the rights granted to the owner of Tract C herein; provided, however, the Town shall only allow the release of or otherwise route storm water into the Facilities from Tract C, Tract G, Beaver Creek Boulevard and that parcel of land commonly referred to as Lot B, Avon Center at Beaver Creek Subdivision, at rates which will not exceed the excess capacity of the Facilities as approved in accordance with the terms of this Agreement, unless such capacity is expanded at no cost to the owner of Tract C. 1.3 The Town's Right to Revoke the Facilities Easement, and Points' Obli ation Regarding Relocation of the Facilities. If, in the judgment of the Town, the location of the Facilities conflicts with the future development of Tract G, the Town may, upon providing Points with nine (9) months advance written notice, revoke the Facilities Easement granted in Section 1.2 of this Agreement, and require the relocation of the Facilities. Points shall be responsible, at its sole cost and expense, for the relocation; provided, however, that the Town will make reasonable efforts to provide Points with an alternative site for the relocated Facilities, but shall not have responsibility to guarantee or warrant that an alternative site will be available. 2 1.4 Points' Obligations While the Facilities Easement is in Effect. While the Facilities Easement is in effect, Points shall be responsible for the construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities at its sole cost and expense. The construction, installation, operation, maintenance, repair, replacement, and insurance of the Facilities, the relocation (if any) of the Facilities, and all costs and expenses associated with all of the foregoing, shall be herein referred to as the "Facilities Obligations". Points may assign, in part or in whole, the Facilities Obligations to (i) any owner's associations formed in connection with the development of Tract C; (ii) any special taxing district; or (iii) to the owner(s) of any portion of Tract C; provided that any such assignee executes and delivers a written instrument in recordable form to the Town accepting such assumption and agreeing to be bound by the terms of this Agreement. Under the terms of such assignment Points shall be released from all its obligations hereunder which are the subject of such assignment and all such obligations shall be assumed by such assignee. 1.5 Defense and Indemnity of the Town. Points hereby agrees to defend the Town against any and all claims for damages asserted against it arising out of Points' use of the Facilities; and, further, to indemnify, and hold the Town harmless from and against all liability incurred by the Town resulting from Points' use of the Facilities. 1.6 Facilities Easement Not to Commence Until the Town Provides Design Approval for the Facilities. The Facilities Easement shall not commence, and Points shall enjoy no right of entry upon Tract G for any purpose, until the Town shall have approved the design for the Facilities and issued a corresponding permit for the work under the terms and conditions of this Agreement and the provisions of Chapter 12.04 of the Avon Municipal Code. When the Facilities have been approved by the Town as fully functional, the drainage and detention easement on that portion of Tract C depicted on Exhibit C for the benefit of the Town shall. terminate and the Town shall have no further right, title, or interest in said easement. The Town agrees to execute and record any further instrument necessary to complete the termination of said easement. 1.7 Town's Right to Enforce Facilities Obligations; Lien on Tract C. Should Points or its successors or assigns fail to perform, or make diligent efforts to commence to perform, any of the Facilities Obligations (including failure to operate and maintain the Facilities to function in accordance with the Drainage Report for Tract C) ten (10) days after written notice from the Town that such obligation must be performed, the Town shall have a right to perform such obligation, and all reasonable costs and expenses associated with the performance of such obligation shall be immediately due and owing to the Town and shall also be a lien upon Tract C in the. amount of such costs and expenses to the Town until paid. 2. Miscellaneous 2.1 Entire Agreement. This Agreement is an integration of the entire understanding of the parties with respect to the matters stated herein. 3 2.2 Governing Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 2.2 Binding Effect. The terms, covenants, agreements, restrictions and conditions in this Agreement shall be construed as covenants running with the land. The terms, covenants, agreements, restrictions and conditions contained in this Agreement touch and concern the design, construction, and management of the Facilities, and the burden of such terms, covenants, agreements, restrictions and conditions shall run with Tract C and bind all subsequent owners of any portion of Tract C. The benefit of such terms, covenants, agreements, restrictions and conditions shall run to and may be enforced by Points, the Town, any successor to Points or the Town by consolidation or merger, and any other successor, assign or transferee of Points or the Town of either of Tract C or Tract G. 2.3 Not a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of Tract G to or for the general public or for any public purpose whatsoever. IN WITNESS WHEREOF, Points and the Town have executed this Agreement on the date first above written. TOWN: TOWN OF AVON, a municipal corporation By: Judy Yoder, Mayor DATE: ATTEST Kris Nash, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Burt Levin, Town Attorney STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed before me this of the Town of Avon, Colorado. My commission expires: day of , 2000, by Judy Yoder, as Mayor Notary Public POINTS: POINTS OF COLORADO, INC., a Colorado corporation ATTEST By: By: Larry D. Doll, President Print Name: STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2000, by Larry D. Doll as President of POINTS OF COLORADO, INC., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public 5 EXHIBIT A TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract C Lot C, a Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver Creek, Benchmark at Beaver Creek, Amendment No. 4, according to the plat recorded October 25, 1988 in Book 493 at Page 704, County of Eagle, State of Colorado. EXHIBIT B TO AGREEMENT GOVERNING DESIGN, CONSTRUCTION, AND MANAGEMENT OF STORM WATER DETENTION AND POLLUTION CONTROL FACILITIES Legal Description of Tract G Tract G, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado 7 May-16-00 03:17P Town of Avon 970 748 1958 P.10 FROM_BALLARD SPAHR ANDREWS&INGERS.OLL JUE;5. 11' 00 10:09/ST. 10:04/N0. 4200000546 P 10 •-,r tiF{ ,Yf„ < YQ F..md Pteam a/CG"P LS 4310 nay E- --?.? from ?/11 !/L./! i C sz r trua c cornR6W-130 L-SM -,-**' Tan•4(1.49 c-aa 7s 6aaring?yl'b'?/'E LOT C 114 AC. A s=W[ aA/Md Ar3EM)f9tW Or ism' 1e` \ 1p11R1 OF r,YOx ORNx?tf EwSEYEKc \ ? No. )49300 \ gads •93. Page yak ` Be \? A k y c'f? ? I L S Q773'I!? I 'F °.?. 'b, sa o? e =. el win. " 60 w»n7r-' J4. d,f wss's as'r 22.72' LC D z A f IY.?! -': At 61T4?x r!ttlf'::y ?k? Found *obwr and C -P L3 1243Id 6 ' s03-22'2e'F- v.07' parr true coma", ?. -' C PG ?,, /tO.&'t