TC Council Packet 04-23-2002Town Council Meetings
Roll Call Check Sheet
Date: a ? i? `or
Michael Brown
Debbie Buckley p? y? S
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Peter Buckley
Rick Cuny
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Mac McDevitt
Buz Reynolds
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Judy Yoder
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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: P. Buckley, Cuny, Reynolds, Yoder, McDevitt,
D. Buckley, Brown
Staff Present:
Bill Efting ? Jeff Layman
? Larry Brooks Norm Wood
Bain J'aw ? Meryl Jacobs
-7'-K-rrs-mash QM? " Bob Reed
Jacquie Halbu '? Harry Taylor
Scott Wright
Ruth Borne
Other Staff
1ATown Clerk\Council\Packets\Council Meeting Check List.doc
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, WILL BE HELD APRIL 23, 2002, AT 3:45 PM IN
THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE
PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
3:45 PM - 4:45 PM 1) Compliance Deposits (Ruth Borne)
4:45 PM - 5:15 PM 2) Projects Update (Larry Brooks, Norm Wood)
5:15 PM - 5:30 PM 2) Staff Updates
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC
TOWN OF AVON, COLORADO
er.?a o
.1? Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
APRIL 19, 2002:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
I:\Town Clerk\Council\Agendas & Worksessions\Agenda-Worksession.doc
Memo
To: Avon Town Council and Planning & Zoning Commission
From: Ruth Borne, Director of Community Developments----
Thru: Bill Efting, Town Manager
Date April 10, 2002
Re: Outline for Joint Work Session with Council and Planning & Zoning
Commission
In response to the concerns associated with the proposed compliance deposit, staff
has outlined the following topics for discussion. These topics are issues that the
compliance deposit was designed to address. Also included in this discussion is a
review of existing provisions of the Avon Municipal Code that are available
enforcement tools.
Compliance with approved design review plans: After a building
permit is issued and construction commences, if a contractor makes a
change to the building exterior, they are required to submit an
application for modification. In the event that a contractor fails to do so,
then we have the following remedies:
a. Red tag - Extremely punitive when life, safety issues are not involved.
We are placing a financial hardship on the contractor when the job is red
tagged-everyone on the job site is required to leave until the issue is
resolved.
b. The Zoning Code, Section 17.40.010 allows staff to issue a summons,
which is punishable by a fine for $500. and/or imprisonment for not more
than 90 days. In addition, the Town Attorney may file an injunction in
District Court. Section 17.12.070 allows for a fine of $300. for the same
violation. A fine under this provision has never been assessed during
my tenure. It requires a summons be issued, and a court date set,
which is very time consuming.
c. Once a design change has been identified, Staff can request the builder
submit an application for an amendment to the final design. For small
changes, this is handled at a staff level review as a minor project ($75
fee and requires the applicant submit an application). When the
changes proposed or executed are major, the amendment to final
design is taken back to the Planning and Zoning Commission. This is
purely a cooperative effort between the contractor and Community
FAPlanning & Zoning Conn7lSsioiiMEMOS\2002\Compldeposit.doc
Development staff. We do have a penalty fee in the amount of $250 for
seeking approval after the improvements have been made. Staff has
used this penalty in limited circumstances.
2. Construction parking: As more properties are developed adjacent to
existing developments, parking becomes more of an enforcement issue.
Final Design Plans are now required to indicate a construction-staging plan,
which include a construction-parking plan. Cars/trucks are not permitted to
park on the Avon right-of-way. We allow for construction parking as long as
it is directly adjacent to the construction site or the adjacent owners consent.
We would like to post signs on site indicating where contractors may park,
which may ease enforcement.
3. Construction site conditions: Trash, construction debris and dirt in the
road are another issue of concern during construction. Typically, staff
handles this through written and verbal warnings of a red tag issuance. As
outlined above, this is extremely punitive and time consuming.
Staff would prefer to have the ability to issue a ticket on site, rather than the
summons to run its course. In order to modify the penalty assessment, the
Avon Municipal Judge would have to enter an order for this modification.
In summary, the proposed Compliance Deposit acts as a deterrent to prevent these
other types of enforcement actions being necessary, since two of the three issues are
extremely difficult to enforce and execute and can be costly and time consuming
solutions. The compliance deposit was created as a leverage mechanism not a
penalty, to require all builders to submit for modifications or amendments to final
design approvals so as to avoid red tagging and fines.
One of the unresolved issues for the compliance deposit, is how does the Town
execute upon the deposit. Specific guidelines should be established setting forth the
procedure for executing upon the deposit.
Two percent (2%) of the estimated cost of construction is a minimal amount of money
to ensure compliance throughout construction and also allows staff more leverage
throughout the construction process when dealing with design and construction site
issues. However, several alternatives to the proposed format of the compliance
deposit are recommended as effective tools:
Alternative 1: Create an exemption for homebuilders with projects under a certain
amount of valuation (i.e. single family and duplex projects). Establish specific
guidelines on how the compliance deposit would be executed in the event of default.
Implement the compliance deposit for large residential, mixed-use, industrial, and
commercial projects. Though this would effectively make it difficult for any
enforcement of final design approval and construction site conditions (trash, parking)
for small residential projects, it would allow staff to continue to ensure compliance on
larger projects.
Alternative 2: Revise the penalty assessment for summons issuance and lengthy
notice procedures specific to design approval and construction site maintenance. This
amendment would allow staff to immediately issue a ticket for deviations from
approved plans and ensure construction site conditions (per the approved staging
plans).
Alternative 3: A combination of Alternative 1 and Alternative 2 would eliminate most
problems with enforcement of final design approvals. Allow the exemption for small
residential projects, which would not require a compliance deposit, and revise the
penalty assessment in the zoning code to allow staff to immediately issue a ticket for
violations on all sizes and types of construction.
Additionally, large commercial or mixed-use projects are most likely to pay a small
daily fine to continue to meet project deadlines while ignoring violations. The use of
the compliance deposit for these types of larger projects will provide the additional
leverage needed to ensure that any design issues are not ignored.
Town Manager Comments:
T
TOWN OF AVON
REGULAR COUNCIL MEETING AGENDA
April 23, 2002 - 5:30 PM
1. Call to Order / Roll Call
2. Citizen Input
a) Eagle River Water Sanitation District, Ballot Questions - Rick Sackbauer
b) Employee Bonus Awards
3. Ordinances
a) First Reading of Ordinance No. 02-06, Series of 2002 - An Ordinance Amending Title 3
of the Municipal Code of the Town of Avon relating to Tax Credits within the Village
(At Avon). (John Dunn)
b) First Reading of Ordinance No. 02-07, Series of 2002 - An Ordinance amending Chapter
12 of Title 3 of the Municipal Code of the Town of Avon relating to forms for application
for exemptions from the Real Estate Transfer Tax (John Dunn)
4. Resolutions
a) Resolution No. 02-05, Series 2002, A Resolution Approving the Issuance By Buffalo
Ridge Affordable Housing Corporation Of Multifamily Housing Project Revenue Bonds
(GNMA Mortgaged-Backed Securities Program) Series 2002, In An Aggregate Principal
Amount Of $10,500,000; Authorizing A Project Agreement, A Financing Agreement, A
Mortgage And A Mortgage Note; And Authorizing Incidental Action. (Larry Brooks)
b) Resolution No. 02-06, Series 2002, A Resolution Approving Certain Terms Of
$15,650,000 Of The Town's Multifamily Housing Revenue Bonds(GNMA Mortgage-
Backed Securities Program - Buffalo Ridge II Apartments Project), Series 2002,
Ratifying The Executing And Delivery Of A Bond Purchase Agreement; Authorizing
Incidental Action; And Repealing Inconsistent Actions. (Larry Brooks)
C) Resolution No. 02-20, Series 2002 - Village at Avon, Buffalo Ridge, Filing 2 - Final Plat
(Ruth Borne)
5. Unfinished Business
6. New Business
7. Town Manager Report
IATown ClerMCouncilUgendas & Worksessions\Agenda-Regular Meeting.doc
8. Town Attorney Report
9. Mayor Report
10. Other Business
11. Consent Agenda
a) Approval of the April 9, 2002 Council Meeting Minutes
12. Adjournment
I:\Town Clerk\CouncMAgendas & WorksessionsWgenda-Regular Meeting.doc
ORDINANCE NO. 02-06
AN ORDINANCE AMENDING TITLE 3 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING
TO TAX CREDITS WITHIN THE VILLAGE (AT AVON).
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Amendment. Section 3.08.035 of Chapter 8, Title 3 of the Municipal
Code of the Town of Avon is amended to provide as follows:
"3.08.035 Tax Credit. Notwithstanding any other provisions of this
chapter, there shall be granted to each person owing the tax on sales consummated
within The Village (at Avon) a temporary tax credit against collection of the tax
equal to the amount of any retail sales fee paid by or on behalf of such person.
The amount of the credit shall not exceed the amount of the tax. No such credit
shall be granted subsequent to termination of the collection of the retail sales fee
pursuant to the Annexation and Development Agreement for The Village (at
Avon). Neither the ability of the Town to grant the temporary tax credit nor the
termination of the credit shall constitute a tax increase, the imposition of a new tax
or a tax policy change."
Section 2. Amendment. Section 3.12.065 of Chapter 12, Title 3 of the Municipal
Code of the Town of Avon is amended to provide as follows:
"3.08.035 Tax Credit. Notwithstanding any other provisions of this
chapter, there shall be granted to each person owing the tax on transfers within
The Village (at Avon) a temporary tax credit against collection of the tax equal to
the amount of any real estate transfer fee paid by or on behalf of such person. The
amount of the credit shall not exceed the amount of the tax. No such credit shall be
granted subsequent to termination of the collection of the real estate transfer fee
pursuant to the Annexation and Development Agreement for The Village (at
Avon). Neither the ability of the Town to grant the temporary tax credit nor the
termination of the credit shall constitute a tax increase, the imposition of a new tax
or a tax policy change."
Section 3. Amendment. Section 3.28.075 of Chapter 28, Title 3 of the Municipal
Code of the Town of Avon is amended to provide as follows:
"3.08.035 Tax Credit. Notwithstanding any other provisions of this
chapter, there shall be granted to each person owing the tax on the lease or
rental of any public accommodations within The Village (at Avon) a
temporary tax credit against collection of the tax equal to the amount of
any public accommodation fee paid by or on behalf of such person. The
amount of the credit shall not exceed the amount of the tax. No such credit
shall be granted subsequent to termination of the collection of the public
accommodations fee pursuant to the Annexation and Development
Agreement for The Village (at Avon). Neither the ability of the Town to
grant the temporary tax credit nor the termination of the credit shall
constitute a tax increase, the imposition of a new tax or a tax policy
change."
Section 4. Effective Date. This ordinance shall be effective as of the first day of
January, 1999.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 23rd day of April, 2002, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 14th day of May, 2002, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road,
Avon, Colorado.
Mayor
ATTEST:
Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the 14th day of May, 2002.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ORDINANCE NO. 02-07
AN ORDINANCE AMENDING CHAPTER 12 OF TITLE 3 OF
THE MUNICIPAL CODE OF THE TOWN OF AVON
RELATING TO FORMS FOR APPLICATION FOR
EXEMPTION FROM THE REAL ESTATE TRANSFER TAX.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Section 1. Amendment. Subsection A. of Section 3.12.070 of Chapter 12, Title 3
of the Municipal Code of the Town of Avon is amended to provide as follows:
"3.12.070 Application for exemption - Form of certificate -Approval. A. In the
event that any transfer which is exempt from the real property transfer tax does not reflect that
exemption clearly in the document evidencing the transfer, the grantee may apply for a certificate
of exemption from the town manager, which certificate of exemption may be affixed to the
document evidencing such transfer. The certificate of exemption shall be in the following form or
in such other form as shall be prescribed by the town manager:
TOWN OF AVON
APPLICATION FOR EXEMPTION
FROM REAL PROPERTY TRANSFER TAX
Grantee(s) (Buyer(s)):
Mailing Address of Grantee:
Date of Closing or Conveyance:
Sales Price or other Consideration:
Legal Description:
Address of Property:
The undersigned hereby applies for exemption of the above real estate transaction from the
payment of the Real Property Transfer Tax, imposed by Chapter 3.12 of the Municipal Code of
the Town of Avon. The basis of the application for exemption is as follows:
(State grounds for exemption, including applicable section and subsection of the Real Property Transfer Tax Ordinance under
which the exemption is requested. Attach supporting documents and affidavit if necessary setting out additional details for full
understanding of the transaction)
I hereby certify under penalty of perjury that the foregoing statements are true and correct.
Grantee(s) Date
I hereby certify that the above described transfer of real property should be exempted from the
payment of the Avon Real Property Transfer Tax under Chapter 3.12, section 3.12.060 of the
Municipal Code of the Town of Avon.
Town Attorney Date
The above described transfer of real property is exempted from the payment of the Avon Real
Property Transfer Tax under Chapter 3.12, section 3.12.060 of the Municipal Code of the Town
of Avon.
Town Manager Date
Return copy of application to:
71
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 23rd day of April, 2002, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 14th day of May, 2002, at
5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road,
Avon, Colorado.
Mayor
ATTEST:
Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the 14th day of May, 2002.
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
AVO N
C O L O R A D O
Tom ofA m
P.O. BCD(M
400 BendNi-alc Road
Awn, Cabracb 81620
970-748.4005
Office of the Assistant Town Manager
To: Honorable Mayor and Town Council
Fr: Larry Brooks, Assistant Town Manage
Via: Bill Efting, Town Manage X_
Dt: 4/19/02
Re: Buffalo Ridge Housing Project
The Buffalo Ridge Housing project will consist of 244 rental units constructed within 15
buildings. This project, which is being constructed as part of the affordable housing
obligation of the Village at Avon, is receiving funding and support from a variety of sources.
Resolutions 02-05 and 02-06 for the council's consideration will authorize project funding as
follows:
Resolution 02-05
This resolution approves the issuance of 63-20 bonds in an amount up to
$10,500,000. This is a parameters resolution, since the pricing has not yet occurred
on these bonds. We have also enclosed the Pricing Agreement for these bonds with
the resolution. We wanted the council to specifically note this document since it is the
one document specified in this resolution that will require the Mayor's signature. The
remaining documents referenced in the heading will be presented by Bond Council at
the meeting.
Resolution 02-06
This is the pricing resolution for the Private Activity Bonds (PAB). These
bonds were previously approved by ordinance. Since the bonds have now been
priced, this resolution serves to approve the specific terms of the issuance.
These bonds do not result in any pecuniary liability for the Town of Avon.
Manager Comments:V ?/ ?u 5 jtmG ' v ??
TOWN OF AVON, COLORADO
RESOLUTION NO. 02-05
SERIES OF 2002
RESOLUTION APPROVING THE ISSUANCE BY BUFFALO
RIDGE AFFORDABLE HOUSING CORPORATION OF
MULTIFAMILY HOUSING PROJECT REVENUE BONDS
(GNMA MORTGAGED-BACKED SECURITIES PROGRAM)
SERIES 2002, IN AN AGGREGATE PRINCIPAL AMOUNT OF
UP TO $10,500,000; AUTHORIZING A PROJECT
AGREEMENT, A INDENTURE, A FINANCING AGREEMENT,
A MORTGAGE AND A MORTGAGE NOTE; AND
AUTHORIZING INCIDENTAL ACTION.
WHEREAS, Buffalo Ridge Affordable Housing Corporation (the "Corporation")
has been duly organized under the provisions of the Colorado Nonprofit Corporation Act,
Articles 121 through 137 of Title 7, Colorado Revised Statutes, as amended, for the purpose of
acquiring interests in real property and to construct, install and operate certain improvements in
the Town of Avon, Colorado (the "Town") and
WHEREAS, the Corporation proposes to acquire real and personal property and
construct improvements to provide dwelling accommodations at rentals within the means of
individuals or families of low or moderate income (the "Project"), known as the Buffalo Ridge I
Apartments; and
WHEREAS, in order to finance the Project, the Corporation intends to enter into a
Trust Indenture dated as of May 1, 2002 (the "Indenture") with Wells Fargo Bank West, National
Association, as Trustee under the Indenture (the "Trustee") and to issue its Multifamily Housing
Project Revenue Bonds (GNMA Mortgage-Backed Securities Program - Buffalo Ridge I
Apartments Project), Series 2002, in an aggregate principal amount of up to $10,500,000
(collectively, the 'Bonds"); and
WHEREAS, the Town and the Corporation propose to execute and deliver a
Project Agreement dated as of May 1, 2002 (the "Project Agreement"), under the terms of which
the Corporation is responsible for operating the Project, and title to the Project shall vest in the
Town upon the end of the term of the Project Agreement; and
WHEREAS, in order to provide funds for the Project, AMI Capital, Inc. (the
"Lender") will originate a mortgage loan to the Corporation, such mortgage loan to be insured by
the FHA; and
WHEREAS, in order to evidence its obligations under the Mortgage Loan, the
Corporation intends to execute and deliver to the Lender a promissory note in the amount of up
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to $10,500,000 (the "Mortgage Note") and in order to secure it obligations under the Mortgage
Note the Corporation intends to execute and deliver to the Lender a deed of trust on the Project
(the "Mortgage") for the benefit of the Lender; and
WHEREAS, in order to provide security for the Bonds, the Corporation intends to
enter into a Financing Agreement dated as of May 1, 2002 (the "Financing Agreement") among
the Corporation, the Lender and the Trustee, pursuant to which the Corporation will direct the
Trustee to use proceeds of the Bonds to purchase from the Lender fully modified mortgage-
backed securities secured by the Government National Banking Association; and
WHEREAS, proposed forms of the Indenture (including the form of the Bonds
contained therein), the Financing Agreement, the Mortgage, the Mortgage Note, and the Project
Agreement have been presented before the Town Council at this meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, AS FOLLOWS:
1. Approval of the Financing Documents. The terms of the proposed Project
Agreement and the Mortgage, in substantially the form presented at this meeting, and the
Corporation entering into the Financing Agreement, the Indenture and the Mortgage are hereby
approved. (The Project Agreement, the Mortgage Note, the Financing Agreement, the Indenture
and the Mortgage are collectively referred to herein as the "Financing Documents.")
2. Issuance of the Bonds. The Bonds shall be issued in an aggregate
principal amount not to exceed $10,500,000. The Bonds and the issuance thereof by the
Corporation for the purpose of financing the Project are, in all respects, hereby approved. The
Bonds shall be issued solely as fully registered bonds without coupons in the denominations as
provided in the Indenture. The Bonds shall bear interest payable at the rates and times and will
mature in the amounts and on the dates set forth in the Indenture, as finally executed; provided
that the maximum net effective interest rate on the Bonds shall not exceed 7% and the maximum
maturity shall be no later than January 20, 2044. The Bonds shall be issued and secured as set
forth in the Indenture, and the forms, terms and provisions of the Bonds and the provisions for
their execution, authentication, payment, registration, transfer, exchange, redemption and number
shall be as set forth in the Indenture.
3. Town Action. All actions taken by the members of the Town Council and
other officials of the Town toward organizing the Corporation, acquiring the Project and
obtaining funds to finance the Project are hereby ratified and confirmed. The Mayor of the Town
and Mayor Pro Tem (the "Mayor") and the Town Clerk of the Town (the "Town Clerk") are
hereby authorized and directed to execute and deliver such documents and to take all action
necessary or reasonably required by the terms of the Financing Documents to carry out, give
effect to and consummate the transactions contemplated hereby and thereby, including the
execution and delivery of the Project Agreement in substantially the form presented at this
meeting, with such variations or revisions thereto deemed necessary by the Mayor. Execution of
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the Project Agreement by the Mayor shall be deemed to be final approval by the Town of the
issuance of the Bonds and all the provisions contained in the Financing Documents.
4. No Indebtedness of the Town. No provision of this Resolution or of
the Financing Documents, the Indenture, the Bonds or any other instrument executed in
connection therewith, shall be construed as creating an obligation on the part of the Town
to pay the principal of, premium, if any, or interest on the Bonds or to pay the principal of
or interest on the Mortgage Note, nor as creating an indebtedness or financial obligation on
the part of the Town within the provisions or limitations of any statutory or constitutional
provision of the laws of the State of Colorado.
5. Title to Project. The Town hereby determines that it will accept title to the
Project, including any additions thereto, when all the Bonds are fully paid and discharged in
accordance with the Project Agreement and the Indenture.
6. Corporation's Board of Directors. The Town hereby confirms the
following as the current Board of Directors of the Corporation.
Gerald E. Flynn
Jeffrey Spanel
Larry Brooks
Allan Nottingham
James Telling
The Town also confirms the appointment of E.J. Olbright as a sixth director of the
Corporation effective on the date of issuance of the Bonds.
7. Severability. If any provision of this Resolution should be held invalid,
the invalidity of such provision shall not affect any of the other provisions of this Resolution, the
intention being that the various provisions hereof are severable.
8. Other Actions. The appropriate officers of the Town are hereby
authorized to execute and deliver for and on behalf of the Town, any or all additional certificates,
acknowledgments, documents and other papers and to perform all other acts they may deem
necessary or appropriate in order to implement and carry out the matters authorized in this
Resolution and in any resolution of the Corporation.
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9. Effective Date; Repealer. This Resolution shall take effect immediately
upon its passage, and all acts, orders, resolutions, or parts thereof, taken by the Town in conflict
with this Resolution are hereby repealed or modified to the extent of such conflict.
INTRODUCED, APPROVED AND ADOPTED the 23rd of April, 2002.
TOWN OF AVON, COLORADO
(TOWN SEAL) By:
ATTEST:
Town Clerk
Mayor
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STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The Town Council of the Town of Avon, Colorado, held a regular meeting open
to the public at the Town Council Chambers at 400 Benchmark Road, Avon, Colorado, on
Tuesday, the 23rd of April, 2002, at 5:30 p.m.
The following members of the Town Council, constituting a quorum thereof, were
present:
Council Members:
The following members of the Town Council were absent:
The following persons were also present:
Council Member moved that the Resolution be finally passed
and adopted and numbered . Council Member seconded the motion,
and the question being upon the final passage and adoption of the Resolution, the roll was called
with the following results:
Council Members voting "Yes":
Council Members voting "No":
The Mayor thereupon declared the Resolution finally passed and adopted and
instructed the Town Clerk to number the same as moved.
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After consideration of other business to come before the Town Council, the
meeting was adjourned.
(TOWN SEAL) By:
Mayor
ATTEST:
Town Clerk
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STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
I, Patty Mckenny, Town Clerk of the Town of Avon, Colorado, do hereby certify
that the attached copy of Resolution No. 02-05, Series of 2002, is a true and correct copy; that
said Resolution was passed by the Town Council of the Town of Avon, Colorado, at its regular
meeting held at 400 Benchmark Road, Avon, Colorado, the regular meeting place thereof, on
Tuesday, the 23rd day of April, 2002; that a true copy of said Resolution has been authenticated
by the signatures of the Mayor of the Town of Avon and myself as Town Clerk thereof, sealed
with the seal of the Town, and numbered and recorded in a book kept for that purpose in my
office; that the foregoing pages 1 through 6, inclusive, constitute a true and correct copy of the
record of the proceedings of said Town Council at its regular meeting of April 23, 2002, insofar
as said proceedings relate to said Resolution; that said proceedings were duly had and taken, that
the meeting was duly held; and that the persons were present at said meeting as therein shown.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town
of Avon, Colorado this 23rd day of April, 2002.
(TOWN SEAL)
Town Clerk
Town of Avon, Colorado
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DRAFT: 4/18/02
BUFFALO RIDGE AFFORDABLE HOUSING PROJECT
PROJECT AGREEMENT
THIS PROJECT AGREEMENT (the "Agreement") is made as of May 1, 2002,
by and between BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, a Colorado
nonprofit corporation (the "Corporation") and the TOWN OF AVON, COLORADO (the
"Town").
RECITALS:
A. The Corporation has been organized under the Colorado Revised
Nonprofit Corporations Act to acquire property in order to provide affordable housing facilities,
for the benefit and on behalf of the Town and its inhabitants.
B. The Corporation shall issue its Multifamily Housing Project Revenue
Bonds (GNMA Mortgage-Backed Securities Program - Buffalo Ridge I Apartments Project),
Series 2002 (the "Series 2002 Bonds") in an aggregate principal amount not to exceed
$10,500,000 for the purpose of acquiring and constructing real and personal property to be
operated by the Corporation and known as "Buffalo Ridge I Apartments" (the "Project"), to be
located within the boundaries of the Town on the property described in Exhibit A hereto, to
provide dwelling accommodations at rentals within the means of individuals or families of low
or moderate income, as determined by the Board of Directors of the Corporation from time to
time.
C. The Series 2002 Bonds shall be issued pursuant to the Trust Indenture
dated as of May 1, 2002 (the "Indenture") between the Corporation and Wells Fargo Bank
West, National Association, as Trustee (the "Trustee"). The Series 2002 Bonds and any
Additional Bonds issued under the Indenture are referred to hereinafter as the "Bonds."
All capitalized terms used herein, unless otherwise defined, shall have the
meanings ascribed thereto in the Indenture.
TERMS
For good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Town and the Corporation, on behalf of themselves and their
respective successors and assigns, agree as follows:
Section 1. Project Operation. The Corporation hereby covenants and agrees
to operate the Project at standards required to provide decent, safe, and sanitary housing facilities
at reasonable rental rates, in a sound and economical manner, as provided in the Indenture and
the Financing Agreement. In leasing units of the Project, the Corporation shall give priority to
natural persons meeting the requirements of "Qualified Renters" as defined in the Indenture, and
\ \ \ DE - 86736 / 1 - 140308 v1
may allow a mark-up in rental rates charged to subtenants by master lessees to permit the
recovery of actual administrative costs. Nothing herein or in any resolutions of the Town shall
be interpreted to require the Town to undertake responsibility for operation of the Project.
The Corporation has obtained a Phase I Environmental Inspection Report
prepared by Waste Engineering, Inc. (the "Phase I Report") and, to the best of the Corporation's
knowledge based on such Phase I Report, there are, with respect to the Land, no violations of any
Environmental Requirements. The Corporation shall comply with all Environmental
Requirements in connection with the operation and use of the Project. No Regulated Chemicals
are or will be discharged from the Project, directly or indirectly, except as authorized by any
applicable governmental laws.
The Corporation hereby agrees to pay, defend, indemnify and save the Town, the
members of the City Council, its mayor, officers, attorneys, employees, agents, accountants and
staff, and the Trustee (collectively, the "Indemnified Persons") harmless from and against all
liabilities, losses, damages, costs, expenses (including attorneys' fees), causes of action (whether
in contract, tort or otherwise), suits, claims, demands and judgments of every kind, character and
nature whatsoever arising out of or related to the Corporation's construction, equipping,
renovation, improving and installation of the Project and during such period as the Corporation
shall utilize the Project (collectively referred to herein as the "Liabilities"), including, without
limitation, (1) Environmental Damages; (2) any injury to or death of any person or damage to
property in or upon the Project or growing out of or connected with the use, nonuse, condition or
occupancy of the Project or any part thereof, or (3) violation by the Corporation of any law,
ordinance or regulation affecting the Project or any part thereof or the utilization, occupancy or
use thereof. The provisions of this paragraph shall not be available to any Indemnified Person
who personally causes or contributes to any such Liabilities by reason of his or her own gross
negligence or willful misconduct.
Section 2. Town Benefit. The Corporation covenants and agrees that all
activities of the Corporation shall be undertaken for the benefit of the Town. Upon termination
of this Agreement, the Town shall be entitled to acquire title to the Project without cost, as
provided in the Indenture and herein.
Section 3. Right to Acquire. As further provided in Section 12.02 of the
Indenture, the Town is hereby granted the right to obtain, at any time, fee title and exclusive
possession of all the Project financed by the Bonds free from liens and encumbrances created by
the Corporation related to the Bonds (but subject to other Permitted Encumbrances, as defined in
the Indenture), and any additions to such property, by (1) placing into escrow an amount that will
be sufficient to defease such Bonds and the Mortgage Loan, (2) paying reasonable costs incident
to the defeasance, and (3) complying with all other requirements of Article XII of the Indenture.
The Town, at any time before it defeases such obligations, shall not agree or otherwise be
obligated to convey any interest in such property to any person (including the United States of
America or its agencies or instrumentalities) for any period extending beyond or beginning after
the Town defeases such obligations. In addition, the Town shall not agree or otherwise be
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obligated to convey a fee interest in such property to any person who was a user thereof (or a
related person), before the defeasance within 90 days after the Town defeases such obligations.
Section 4. Unencumbered Title. The Corporation shall provide in each
agreement it enters into in connection with the leasing and management of the Project that such
agreement shall terminate in the event that the Town exercises its purchase option right
hereunder; provided however that with respect to leases to natural persons entered into in the
ordinary course of business for a period of 12 months or less, such termination shall not take
effect unless the Town determines to use such Project for other than residential housing. If the
Town exercises its option under Section 3, the Corporation shall immediately cancel all
encumbrances on such property, including all leases and management agreements (subject to
certain Permitted Encumbrances as aforesaid); provided, however, that the Corporation shall not
be required to cancel leases to natural persons entered into in the ordinary course of business for
a period of not greater than 12 months unless the Town has determined to use the Project for
other than residential housing. Any lease, management contract, or similar encumbrance on such
property will be considered immediately cancelled if the lessee, management company, or other
user vacates such property within a reasonable time, not to exceed 90 days, after the date the
Town exercises its rights under Section 3.
Section 5. Default Rights. Upon the occurrence of an "Event of Default" as
defined in Section 8.01 of the Indenture or under the FHA Loan Documents, the Corporation
shall cause the Trustee, within five days of such occurrence, to provide notice to the Town, and
the Town shall have the option to cure such Event of Default within 90 days after receipt of such
notice, provided that Bonds may still be declared due and payable under Section 8.02 of the
Indenture prior to the expiration of such 90-day period, but such declaration shall be immediately
annulled in the event the County cures the Event of Default within such 90-day period. As
provided in Section 8.02 of the Indenture, amounts advanced by the Town as a result of the
exercise of this option to cure monetary defaults hereunder and reasonable, direct expenses of the
Town advanced to cure nonmonetary defaults hereunder shall be deemed to be Indebtedness of
the Corporation to the Town. Such indebtedness shall not be secured by the Indenture.
In addition to the foregoing and consistent with Article XII of the Indenture, if
pursuant to Article VIII of the Indenture, the Trustee declares the principal of any Bonds then
outstanding to be due and payable and any foreclosure proceeding or other action is commenced
under the Indenture or the FHA Loan Documents which could lead to the sale or other
disposition of the property pledged thereunder, the Town is hereby granted an exclusive option to
purchase all such property (including the Project), for the amount of the outstanding Bonds and
the Mortgage Loan and accrued interest to the date of default. The Town shall have not less than
90 days from the date it is notified by the Trustee or the Lender of such action in which to
exercise the option, and not less than 90 days from the date it exercises the option to purchase the
property. The Trustee or any Bondholders, the Lender or other parties responsible for
commencing any such foreclosure proceeding or other action shall be required to take any action
necessary, including submission of requests for continuance of foreclosure to the Public Trustee
of Eagle County, Colorado, in order to ensure that the Town has the full 90 day period referred to
herein to exercise its option (which option shall be exercised by giving written notice of such
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exercise to the Trustee and the Corporation) and purchase the Project and such other property,
including ensuring that the foreclosure sale does not occur prior to the expiration of the 90 day
period referred to herein. Other than the foregoing requirement, the provisions of Section 12.02
of the Indenture are not intended and shall not be interpreted so as to limit the Lender's rights to
pursue their remedies hereunder and under the FHA Loan Documents. Nothing herein shall be
construed to create any obligation of the Town to cure any Event of Default.
In the event that the FHA Loan Documents recorded in the records of the Clerk
and Recorder of Eagle County, Colorado prior to this Agreement (or any replacement thereof), is
foreclosed, either through public trustee's sale or judicial foreclosure, then upon compliance with
the provisions of this Section 5 and Section 12.02 of the Indenture and expiration of all cure and
redemption periods provided for under this Agreement or by statute, (i) this Agreement shall
terminate and be of no further force or effect; (ii) neither the Town nor the Corporation shall
have any right, title or interest in and to the Project arising out of this Agreement; (iii) any
provisions of this Agreement permitting the Town to acquire title to the Project, including,
without limitation, the provisions of Section 2, shall be void and of no force or effect; and
(iv) the purchaser of title to the Project shall take title free and clear of this Agreement.
Section 6. Funds in Indenture. As required under Section 12.02 of the
Indenture, in the event the Town exercises its options under Section 3 or 5 hereof, the Town shall
receive a credit towards its defeasance or purchase costs in the amount of any fund or account
balances held under the Indenture with the exception of the Excess Investment Earnings Fund, as
defined in the Indenture and any amount needed to pay additional interest on the Bonds or
expenses in connection with such defeasance under Section 12.01 of the Indenture.
Section 7. Title. Unencumbered fee title (subject to certain Permitted
Encumbrances approved by the Town as aforesaid) to the Project and any additions thereto and
exclusive possession and use thereof will vest in the Town without demand or further action on
its part when all the Bonds are discharged. For purposes of this Section 7, such obligations will
be discharged when (a) cash is available at the place of payment on the date that the obligations
are due (whether at maturity or upon call for redemption) and (b) interest ceases to accrue on the
obligations or (c) when the Bonds and other obligations are defeased as provided in Article XII
of the Indenture or upon the exercise of the Town's purchase option as provided herein. All
leases, management contracts and similar encumbrances on the Project shall terminate upon
discharge of said obligations, except as otherwise provided in this Agreement. Encumbrances
that do not significantly interfere with the enjoyment of such property, such as the Permitted
Encumbrances, are not considered encumbrances for purposes of this Section.
Section 8. Indenture Rights; Approval of Town. The Corporation hereby
covenants and agrees that the provisions of the Indenture granting any rights to the Town shall
not be amended or modified without the consent of the Town. By execution hereof, the Town
hereby consents to the provisions of the Indenture relating to the rights of the Town and confirms
its approval of the issuance of the Series 2002 Bonds.
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Section 9. Consolidation or Merger. The Corporation hereby covenants and
agrees that during the term of this Agreement it will maintain its corporate existence, will
continue to be a nonprofit corporation duly qualified to do business in the State of Colorado, will
not merge or consolidate with any person unless it first obtains the written consent of the Town.
Section 10. Prohibition on Transfer. The Corporation hereby covenants and
agrees that during the term of this Agreement it shall not sell, transfer, assign or lease (other than
leases in the ordinary course of business for a period not greater than 12 months) all or any
portion of the Project without the prior written consent of the Town.
Section 11. Performance of Covenants. The Corporation hereby agrees to
execute, acknowledge and deliver such documents as are reasonably requested by the Town to
evidence transfer of ownership of the Project from the Corporation to the Town pursuant to and
in furtherance of the terms of this Agreement and to execute, acknowledge and deliver or cause
to be done, executed, acknowledged and delivered such instruments, and transfers as the Town
may reasonably require for the better assuring, transferring, pledging and hypothecating unto the
Town all its rights and benefits hereunder.
Section 12. Term. This Agreement shall terminate upon the vesting of title to
the Project in the Town as herein provided.
Section 13. Burden on Property. This Agreement is a burden upon and runs
with the property described in Exhibit A hereto and is binding upon the Corporation and upon
all persons or entities with any right, title or interest to such property or any part thereof. This
Agreement may be released therefrom in the same manner as the release of property under the
Mortgage executed in connection with the issuance of the Bonds.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hand as of the
day and year first mentioned above.
TOWN OF AVON, COLORADO
BUFFALO RIDGE AFFORDABLE
HOUSING CORPORATION
By:
By:
Mayor President
[SEAL] [SEAL]
ATTEST: ATTEST:
Town Clerk
Secretary
6
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STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this _ day of May, 2002
by Gerald E. Flynn, as President, on behalf of BUFFALO RIDGE AFFORDABLE HOUSING
CORPORATION, a Colorado nonprofit corporation.
WITNESS my hand and official seal.
My Commission expires:
[SEAL]
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this _ day of May, 2002
by Judy Yoder, as Mayor, on behalf of the TOWN OF AVON, COLORADO.
WITNESS my hand and official seal.
My Commission expires:
[SEAL]
Notary Public
7
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EXHIBIT A
Description of Buffalo Ridge I Project Site
The following real property and all buildings and improvements, and fixtures or
appurtenances, now or hereafter erected thereon:
Lots 2 and 4, The Village (at Avon) Filing No. 2, County of Eagle, State of
Colorado.
A-1
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TOWN OF AVON, COLORADO
RESOLUTION NO. 02-06
SERIES OF 2002
RESOLUTION APPROVING CERTAIN TERMS OF
$15,650,000 OF THE TOWN'S MULTIFAMILY HOUSING
REVENUE BONDS (GNMA MORTGAGE-BACKED
SECURITIES PROGRAM - BUFFALO RIDGE II
APARTMENTS PROJECT), SERIES 2002, RATIFYING THE
EXECUTION AND DELIVERY OF A BOND PURCHASE
AGREEMENT; AUTHORIZING INCIDENTAL ACTION; AND
REPEALING INCONSISTENT ACTIONS.
WHEREAS, pursuant to Ordinance No. 02-03 adopted by the Town Council of
the Town of Avon, Colorado (the "Town") on February 26, 2002, as amended by Ordinance No.
02-05 adopted by the Town on March 26, 2002, the Town has authorized the issuance of up to
$16,000,000 of the Town's Multifamily Housing Project Revenue Bonds (GNMA Mortgage-
Backed Securities Program - Buffalo Ridge II Apartments Project), Series 2002 (the "Bonds"),
under a Trust Indenture dated as of April 1, 2002 (the "Indenture") between the Town and Wells
Fargo Bank West, National Association, as Trustee (the "Trustee"), and the execution and
delivery of the Indenture and a Financing Agreement (the "Agreement") dated as of April 1,
2002, with Buffalo Ridge II LLLP, a Colorado limited liability limited partnership (the
"Borrower"), AMI Capital, Inc. and the Trustee (which Indenture and Financing Agreement have
subsequently been redated as of May 1, 2002); and
WHEREAS, the Mayor of the Town (the "Mayor") has executed and the Town
Clerk of the Town (the "Town Clerk") has attested a Bond Purchase Agreement dated April 18,
2002 (the "Bond Purchase Agreement"), between the Town, the Borrower, and Kirkpatrick Pettis
Smith Polian, Inc. (the "Underwriter") pursuant to which the Underwriter has agreed, upon the
satisfaction of certain conditions, to purchase the Bonds; and
WHEREAS, as contemplated by Ordinance No. 02-03, the Town desires to
provide for certain terms of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, AS FOLLOWS:
1. Terms of the Bonds. The Bonds shall be issued in two separate series
designated as "Town of Avon Multifamily Housing Project Revenue Bonds (GNMA Mortgage-
Backed Securities Program - Buffalo Ridge II Apartments Project), Series 2002A" (the "Series
2002A Bonds") and "Town of Avon Taxable Multifamily Housing Project Revenue Bonds
(GNMA Mortgage-Backed Securities Program - Buffalo Ridge II Apartments Project), Series
2002B" (the "Series 2002B Bonds").
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The Series 2002A Bonds shall be issued in the aggregate principal amounts, shall
bear interest, and shall mature on the dates and in the amounts set forth below and in accordance
with the terms set forth in the Indenture.
Maturity Date
Principal Amount
Interest Rate
October 20, 2033
October 20, 2043
$3,050,000
$7,950,000
5.60%
5.70%
The Series 2002B Bonds shall be issued in the aggregate principal amounts, shall
bear interest, and shall mature on the dates and in the amounts set forth below and in accordance
with the terms set forth in the Indenture.
Maturity Date
Principal Amount
TnterPCt R nta
October 20, 2017
October 20, 2027
$1,815,000
$2,835,000
6.52%
7.22%
All other terms of the Bonds shall be as set forth in the Indenture and in
accordance with Ordinance No. 02-03, as amended by Ordinance No. 02- 05.
2. Ratification of Execution of Bond Purchase Agreement. The execution by
the Mayor and attestation by the Town Clerk of the Bond Purchase Agreement, and all actions
taken by the Mayor or Town Clerk in connection therewith, are hereby ratified, approved and
confirmed.
3. Severability. If any provision of this Resolution should be held invalid,
the invalidity of such provision shall not affect any of the other provisions of this Resolution, the
intention being that the various provisions hereof are severable.
4. Other Actions. The appropriate officers of the Town are hereby
authorized to execute and deliver for and on behalf of the Town, any or all additional certificates,
acknowledgments, documents and other papers, including the Indenture and the Agreement (the
forms of which previously have been presented to Town Council), and to perform all other acts
they may deem necessary or appropriate in order to implement and carry out the matters
authorized in this Resolution.
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5. Effective Date; Repealer. This Resolution shall take effect immediately
upon its passage, and all acts, orders, resolutions, or parts thereof, taken by the Town in conflict
with this Resolution are hereby repealed or modified to the extent of such conflict.
INTRODUCED, APPROVED AND ADOPTED the 23rd of April, 2002.
TOWN OF AVON, COLORADO
(TOWN SEAL) By:
ATTEST:
Town Clerk
Mayor
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STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The Town Council of the Town of Avon, Colorado, held a regular meeting open
to the public at the Town Council Chambers at 400 Benchmark Road, Avon, Colorado, on
Tuesday, the 23rd of April, 2002, at 5:30 p.m.
The following members of the Town Council, constituting a quorum thereof, were
present:
Council Members:
The following members of the Town Council were absent:
The following persons were also present:
Thereupon, Council Member moved that the Resolution be
finally passed and adopted and numbered Council Member
seconded the motion, and the question being upon the final passage and adoption of the
Resolution, the roll was called with the following results:
Council Members voting "Yes":
Council Members voting "No":
The Mayor thereupon declared the Resolution finally passed and adopted and
instructed the Town Clerk to number the same as moved.
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After consideration of other business to come before the Town Council, the
meeting was adjourned.
(TOWN SEAL) By:
ATTEST:
Town Clerk
Mayor
5
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STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
I, Patty Mckenny, Town Clerk of the Town of Avon, Colorado, do hereby certify
that the attached copy of Resolution No. 02-06, Series of 2002, is a true and correct copy; that
said Resolution was passed by the Town Council of the Town of Avon, Colorado, at its regular
meeting held at 400 Benchmark Road, Avon, Colorado, the regular meeting place thereof, on
Tuesday, the 23rd day of April, 2002; that a true copy of said Resolution has been authenticated
by the signatures of the Mayor of the Town of Avon and myself as Town Clerk thereof, sealed
with the seal of the Town, and numbered and recorded in a book kept for that purpose in my
office; that the foregoing pages 1 through 5, inclusive, constitute a true and correct copy of the
record of the proceedings of said Town Council at its regular meeting of April 23, 2002, insofar
as said proceedings relate to said Resolution; that said proceedings were duly had and taken, that
the meeting was duly held; and that the persons were present at said meeting as therein shown.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Town
of Avon, Colorado this 23rd day of April, 2002.
(TOWN SEAL)
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Town Clerk
Town of Avon, Colorado
6
Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager 1?-
From: Norm Wood, Town Engineer?i%G'
Date: April 18, 2002
Re: The Village (at Avon) Filing 2 - Final Plat and Subdivision Improvements
Agreement / Resolution No. 02-20, Series of 2002
Summary: Buffalo Ridge Affordable Housing Corporation, a Colorado
nonprofit corporation, Buffalo Ridge II LLLP and Traer Creek LLC have submitted a
Final Plat and related Subdivision Improvements Agreement (SIA) for The Village (at
Avon) Filing 2. Traer Creek LLC will be a party to the SIA only with respect to consent
to the subdivision as current owner of the property but will have no responsibility with
respect to completion of the public improvements. The Final Plat is in conformance with
the Preliminary Plan that was previously approved by Resolution No. 01-34, Series of
2001.
The Subdivision Improvements Agreement provides for construction of the public
improvements required to serve the proposed subdivision and for the provision of
securities to assure completion of the improvements. The SIA also establishes guidelines
for quality control, release of securities as construction is completed and establishes the
warranty period for the completed improvements. The SIA also allows recording of the
Final Plat prior to the closing of HUD Financing and delivery of the Security for
Completion of the Subdivider's Improvements. If the HUD financing has not closed and
the Security for Completion of Subdivider's Improvements has not been delivered to the
Town within 15 days after recordation of the Final Plat, the Town shall have the unilateral
right to vacate the Final Plat for the Subdivision.
The security for completion of the improvements shall be in the form of an irrevocable
letter of credit or other collateral acceptable to the Town in an amount of not less than
$2,440,635.00 (100% of the estimated cost of the improvements).
IAEngineering\Avon Village\Filing 2\Subdivision\Res 02-20 Final Plat Memo.Doc
The proposed Final Plat and SIA are in conformance with the Annexation and
Development Agreement as Amended by the First Amendment to the Annexation and
Development Agreement as approved by the adoption of Ordinance No. 01-16. Approval
of this Final Plat and SIA is recommended.
Recommendations: Approve Resolution No. 02-20, Series of 2002, A
Resolution Approving Final Plat and Subdivision Improvements Agreement for The
Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 02-20, Series of 2002, A
Resolution Approving Final Plat and Subdivision Improvements Agreement for The
Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado..
Town Manager Comments:
Cam ???
I:\Engineering\P.von Village\Filing 2\Subdivision\Res 02-20 Final Plat Memo.Doc 2
TOWN OF AVON
RESOLUTION NO. 02-20
Series of 2002
A RESOLUTION APPROVING FINAL PLAT AND
SUBDIVISION IMPROVEMENTS AGREEMENT FOR
THE VILLAGE (at Avon) FILING 2, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Buffalo Ridge Affordable Housing Corporation, a Colorado nonprofit
corporation, Buffalo Ridge II LLLP and Traer Creek LLC, the owner of the applicable
portion of The Village (at Avon) has filed a Final Plat and Subdivision Improvements
Agreement for The Village (at Avon) Filing 2, Town of Avon, Eagle County, Colorado for
approval in accordance with Chapter 16.20 of the Avon Municipal Code; and
WHEREAS, on November 13, 2001, the Town held a public hearing at which it
received evidence and testimony concerning the Preliminary Plan for The Village (at
Avon) Filing 2, at the conclusion of which the Town Council considered such evidence
and testimony and approved the Preliminary Plan by adoption of Resolution No. 01-34;
and
WHEREAS, the Final Plat is in general conformance with the Preliminary Plan as
approved by Resolution No. 01-34; and
WHEREAS, the Final Plat is subject to the terms and conditions of the
Annexation and Development Agreement dated October 13, 1998 and any amendments
or modifications thereto; and
WHEREAS, the Final Plat is subject to the terms and conditions of the P.U.D.
Development / Sketch Plan dated October 13, 1998 and any amendments or
modifications thereto; and
WHEREAS, the attached Subdivision Improvements Agreement and associated
public improvement plans provides for the construction of the public improvements
required for development of The Village (at Avon) Filing 2 Subdivision and the securities
to assure completion of the public improvements as required by Section 16.24.100 of the
Avon Municipal Code.
IAEngineering\Avon VillageWiling 2\Subdivision\Res 02-20 Final Plat.Doc
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Final Plat and Subdivision Improvements Agreement for The Village (at Avon) Filing 2 is
in general conformance with the Preliminary Plan as approved by Town of Avon
Resolution No. 01-34 and other applicable development laws, regulations and policies of
the Town of Avon and hereby approves the same subject to completion of technical
corrections as identified by Town Staff prior to recording of Final Plat and the submission
to and acceptance by, the Town of Avon, of the following items prior to the issuance of
any permits or start of any construction within the subdivision:
A. Irrevocable Letter of Credit or other acceptable security in an amount of not less
than $2,440,635.00 to assure completion of Subdivider public improvements; and
B. Approved construction plans, specifications and related documents for
construction of public improvements as identified in Subdivision Improvements
Agreement Exhibits A and B; and
C. Revised Debris Flow Mitigation Report conforming to Memo dated April 18, 2002,
from Leslie Hope of High Country Engineering; and
D. Written approval of emergency access and fire hydrant spacing by Eagle River
Fire Protection District; and
E. Written approval of plans for water and sewer facilities by Eagle River Water &
Sanitation District; and
F. Written approval by applicable utility companies of construction plans for utility
services including electric, natural gas, telephone and cable TV.
ADOPTED THIS DAY OF April 2002.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
IAEngineering\Avon Village\Filing 2\Subdivision\Res 02-20 Final P1at.Doc 2
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of April, 2002, is
by and among BUFFALO RIDGE AFFORDABLE HOUSING CORPORATION, a
Colorado nonprofit corporation and BUFFALO RIDGE II LLLP, a Colorado limited
liability limited partnership (collectively "Subdivider"), and the TOWN OF AVON, a
Colorado municipality, by and through its Council (the "Town").
RECITALS
WHEREAS, Subdivider, in connection with the approval of the final plat for The
Village (at Avon) Filing 2, consisting of approximately 138.469 acres in Section 12, T. 5
S., R. 82 W. and Section 7, T. 5 S., R. 81 W., of the 6th P.M., Town of Avon, Eagle
County, Colorado (the "Subdivision"), desires to enter into a Subdivision Improvements
Agreement with the Town as provided for by Section 16.24.100 of the Avon Municipal
Code, as amended (the "Code"); and
WHEREAS, pursuant to the Code, the Town desires to make reasonable
provisions for completion of certain public improvements (the "Improvements") set forth
in Exhibit A attached hereto and incorporated herein by reference; and
WHEREAS, the Subdivider is responsible for the performance and completion of
the Improvements and the parties desire to set forth their agreement with regard to
compliance with the same; and
WHEREAS, the Town and Subdivider are parties to those certain bond issuance
and HUD insured financing documents ("HUD Financing") pertaining to the financing
and construction of the Buffalo Ridge Apartments.
AGREEMENT
NOW THEREFORE, in consideration of the following mutual covenants,
conditions and promises, the parties hereby agree as follows:
1. Final Plat Approval. The Town agrees that upon compliance with all
other conditions of approval, and subject to the terms and conditions of this Agreement,
the Final Plat of The Village (at Avon) Filing 2 ("Final Plat") shall be promptly filed for
record with the Office of the Eagle County Clerk and Recorder.
2. Completion of Work.
(a) Performance. Subdivider agrees to furnish all equipment, labor
and material necessary to perform and complete, in a good and workmanlike manner, all
improvements and work incidental thereto as set forth in Exhibit A. Subdivider further
1
514415.8
agrees that it will be responsible for all costs of Improvements. All said work shall be
performed in accordance with the construction plans and specifications as submitted to
and approved by the Town prior to commencement of construction of Improvements. All
Improvements shall be completed within twenty-four (24) months of the date of the
Town's approval of the Final Plat for the Subdivision.
(b) Inspection Procedures.
(1) All work shall be done under the inspection procedures and
standards established by the Town, shall be subject to the reasonable satisfaction of the
Town and shall not be deemed complete until the reasonable approval and acceptance of
the Improvements by the Town.
(2) Designation of Inspectors. Prior to commencement of
construction work on the Improvements, the Town shall designate the individuals or
independent third parties employed by the Town who are authorized to inspect the
construction of the Improvements. Such inspections by the Town shall not relieve
Subdivider or its agents from any responsibility or obligation to assure that all work is
completed in conformance with all standards, plans and specifications as submitted to
and previously approved by the Town.
(3) Cost of Inspections. The cost of such inspections, whether
by Town employees or an independent third party inspector, shall be paid by Subdivider
and subject to the limitations set forth in paragraph 8 below.
(4) Notice of Non-Compliance. In the event that the Town,
through the inspectors, reasonably determines that the Improvements are not in
compliance with the pre-approved construction plans and specifications, it shall give
written notice of such non-compliance to Subdivider ("Notice of Non-Compliance").
The Notice of Non-Compliance shall include a narrative describing the unsatisfactory
construction work with specific reference to the applicable construction plans and
specifications. The Notice of Non-Compliance must be provided to Subdivider within
two (2) working days of the date of the inspection.
3. Security for Completion of Improvements.
(a) Security. To secure completion of the Improvements, Subdivider
hereby agrees to secure its respective obligations under this Agreement with Collateral in
accordance with Section 16.24.100 of the Code. Collateral shall be one or a combination
of the following: cash or its equivalent; securities of acceptable value; letter of credit;
bond (for warranty period only); and land of acceptable value by deed of trust.
(b) Substitution of Security. Subdivider may substitute another form
of collateral acceptable to the Town in place of the forms of security set forth above in
order to guaranty the faithful completion of the Improvements and the performance of the
terms of this Agreement.
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514415.8
4. Subdivider Improvements.
(a) Security for Completion of Subdivider's Improvements.
Subdivider shall deliver to the Town irrevocable letter(s) of credit issued by a reputable
financial institution or other collateral acceptable to the Town and consistent with Section
16.24.100 of the Code in an amount equal to one hundred percent (100%) of the
estimated cost of completion of Subdivider's Improvements set forth on Exhibit B. The
Town hereby acknowledges that the Final Plat for the Subdivision may be recorded prior
to the closing of the HUD Financing, but Subdivider acknowledges and agrees that if the
HUD Financing has not closed and the letter(s) of credit or other collateral acceptable to
the Town has not been delivered to the Town within 15 days after recordation of the Final
Plat for the Subdivision, the Town shall have the unilateral right to vacate the Final Plat
for the Subdivision.
(b) Progress Payments on Subdivider's Improvements. Subdivider
agrees that a separate schedule of values for the Improvements shall be included in the
construction contracts for the Buffalo Ridge Apartments. The Subdivider may make
progress payments to its contractors on a monthly basis upon (i) the partial completion of
itemized improvements for which cost estimates have been set forth in Exhibit B and
upon written request to the Town including an itemized statement and certification of the
Subdivider of completion and acceptance of itemized improvements by Subdivider's
engineer, and (ii) the written approval of the Town or its designee; provided, however, if
the Town fails to respond to a disbursement request within seven (7) days such request
will be deemed approved. The itemized statement and certification by the Subdivider
shall certify that all work for which progress payments have been requested has been
completed in accordance with the approved plans and specifications. Upon the approval
of such progress payments, the amount of collateral shall be reduced by the amount of
such payment; provided, however, that in no event will any such reduction cause the
amount of remaining collateral to be less than an amount equal to one hundred percent
(100%) of the estimated costs of completion of all remaining Subdivider's Improvements.
Such progress payments shall be disbursed to the contractor in accordance with the
construction contract executed for the construction of the Improvements and approved in
connection with the HUD Financing; provided, however, retainage of ten percent (10%)
shall be withheld with respect to all disbursements until the Improvements have been
completed. Upon completion of all work related to Subdivider's improvements and the
Town's acceptance of the completion of Subdivider's Improvements, the entire amount of
remaining collateral, less the amounts or other security described in paragraph 5, shall be
released.
(c) Default by Subdivider. In the event of a default in whole or in part
by Subdivider, the Town shall be authorized to take all such actions necessary or
desirable to enforce its rights hereunder for the purpose of undertaking completion or
remediation work on the Improvements after providing thirty (30) days' advance written
notice of default and providing an opportunity during such period for Subdivider to cure
the default.
3
514415.8
5. Warranty Period. The Improvements shall be warranted to be free from
defects in workmanship or quality for a period of one (1) year after acceptance of all the
work by the Town. In the event of any such defect, the Town may require Subdivider to
correct the defect in material or workmanship. The amounts for completion of all
warranty work on Subdivider's Improvements shall be secured by a bond ("Bond") in
form approved by the Town, from the subcontractor constructing the Improvements,
naming Subdivider's prime contractor as obligees, in the amount of one hundred percent
(100%) of the cost of such corrective work, to be held by the Town during such one (1)
year warranty period, as a guaranty of performance of any work required under the
above-described warranty. In the event any corrective work is performed during the one
(1) year warranty period then the warranty on said corrected work shall be extended for
one (1) year from the date on which it is completed. The Bond shall be maintained for
the entire warranty period.
6. Condition of Public Dedicated Roadways. The Subdivider shall at all
times prior to acceptance of any publicly dedicated roadways within the Subdivision by
the Town give good and adequate warning to the traveling public of each and every
known dangerous condition existent in said roads and shall protect the traveling public
from such defective or dangerous conditions. Until the completion of all the
Improvements herein agreed to be constructed, roads not accepted as improved shall be
under the charge and control of the Subdivider for purposes of this Agreement; and the
Subdivider may close all or a portion of any street or road within the Subdivision
whenever it is necessary to protect the traveling public during the construction or
installation of the Improvements herein agreed to be made.
7. Engineering Certification. Upon completion of portions of the
Improvements, Subdivider will cause its engineers (who shall be registered in the State of
Colorado) to certify in writing that the installation of the Improvements, or portions
thereof as may be completed from time to time, have been completed in conformance
with all standards, plans and specifications as submitted to and previously approved by
the Town. Inspection reports, test results and other supporting documentation shall be
submitted with the certification.
8. Subdivision and Inspection Fees. Fees in accordance with the Town's
Subdivision Regulations for the review of Preliminary Plans and Final Plats have been
paid in full. Additional fees shall be paid to the Town by Subdivider within thirty (30)
days after delivery of written invoice for such fees to cover the cost of inspections by the
Town. The fees will be based on direct (out-of-pocket) costs of the Town plus an
administrative fee in the amount of fifteen (15%) percent of the direct costs, but in no
event will the total amount of such additional fees exceed five percent (5%) of
construction costs.
9. No Obligation of Town to Complete Improvements. Subdivider agrees
that in the event it shall fail to perform its obligations as set forth herein, the Town shall
be under no obligation to complete or perform any of the said Improvements. No one,
4
514415.8
individually or otherwise, other than the Subdivider, shall acquire, as a result of this
Agreement, any rights, claims or obligations from or against the Town, its agents,
employees or officers. Actions by the Town against Subdivider to enforce any provision
of this Agreement shall be at the sole discretion of the Town. No third parties shall have
any rights to require any action by the Town pursuant to this Agreement; and this
Agreement shall not create a liability on the part of or be a cause of action against the
Town, for any personal or property damage that may result to any third parties from the
failure of the Subdivider to complete the Improvements herein specified.
10. Non-Liability of Town; Indemnification. The Town shall not, nor shall
any officer, agent, or employee thereof, be liable or responsible for any accident, loss or
damage related to the work specified in this Agreement, nor shall the Town, nor any
officer, agent or employee thereof, be liable for any persons or property injured by reason
of the nature of said work. To the extent permitted by law, Subdivider hereby agrees to
indemnify and hold harmless the Town, and any of its officers, agents and employees
against any losses, claims, damages or liabilities to which the Town or any of its officers,
agents or employees may become subject, because of any losses, claims, damages or
liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or
omissions in the performance of the obligations of Subdivider, as hereinbefore stated, but
not with regard to any losses, claims, damages or liabilities to which the Town or any of
its officers, agents or employees may be subject and resulting from the Town's gross
negligence or willful misconduct. Furthermore, Subdivider shall reimburse the Town for
any and all legal or other expenses reasonably incurred by the Town in connection with
investigating or defending any such loss or claim, unless it is determined that such claim
resulted from the gross negligence or willful misconduct of the Town.
11. Rights of Town in Event of Default. In the event that Subdivider defaults
in whole or in part in the performance of this Agreement, and after the expiration of thirty
(30) days after having given written notice to Subdivider of such default during which
period of time the Subdivider failed to correct said default, the Town may, at its sole
discretion, proceed with the construction or completion of the Improvements specified on
Exhibit A. All such costs paid by the Town for such Improvements, together with all
costs of personnel, equipment and other matters expended by the Town in furtherance of
the construction responsibilities of Subdivider, shall be paid by Subdivider. Any such
costs relating to the Subdivider Improvements, which have not been reimbursed by
Subdivider, shall be a lien on any property in the Subdivision owned by Subdivider at the
time of default. Said lien may be foreclosed in the same manner as a mortgage and shall
entitle the Town to add its costs and reasonable attorneys' fees in such foreclosure or
other collection. Without limiting the foregoing, the Town may bring a mandatory
injunction action against Subdivider to require installation and construction of the
Improvements, if not constructed within the time limits described in this Agreement. If
any such action is brought by the Town, the Town shall be awarded its court costs and
reasonable attorneys' fees.
12. Letter Certifying Completion and Final Acceptance of Improvements.
When all Improvements have been completed and accepted by the Town, and the
5
514415.8
Warranty Period has expired, the Town agrees that it will issue a letter, in recordable
form, certifying that all obligations of Subdivider under this Agreement have been
satisfied.
13. Amendments. This Agreement may be amended from time to time,
provided that such amendment is in writing and signed by all parties hereto.
14. Covenants Running with the Land. This Agreement and the obligations
hereof shall be deemed to be covenants running with the land and shall be binding on the
successors and assigns of the parties hereto.
15. Acquisition of Property and Non-Liability of Traer Creek. Subdivider
hereby discloses and the Town hereby acknowledges that Subdivider does not currently
own any portion of the real property shown on the Final Plat for the Subdivision.
Subdivider has contracts to acquire portions of the real property covered by the Final Plat
contemporaneously with the closing of the HUD Financing from Traer Creek, LLC
("Traer Creek"), a Colorado limited liability company, the current owner of the real
property covered by the Final Plat of the Subdivision. The Town agrees that Traer Creek
shall have no liability or obligation under this Agreement and shall look solely to
Subdivider for performance hereunder upon its acquisition of title to any portion of the
real property covered by the Final Plat.
The parties hereto have executed this Agreement as of the date first above written.
TOWN OF AVON, a Colorado
municipal corporation
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTEST:
By:
Mayor
BUFFALO RIDGE AFFORDABLE
HOUSING CORPORATION,
a Colorado nonprofit corporation
By: _
Name:
Title:
514415.8
BUFFALO RIDGE II LLLP, a Colorado limited
liability limited partnership
BY: CORUM BUFFALO RIDGE LLC, a
Colorado limited liability company, General
Partner
By:
James G. Fitzpatrick, III, Managing
Member
BY: WINTERGREEN HOMES - BUFFALO
RIDGE LLC, a Colorado limited liability
company,
General Partner
By:
Jeffery M. Spanel, Manager
The undersigned hereby consents to the execution and recording of the Final Plat
for the Subdivision and this Agreement.
TRAER CREEK, LLC, a Colorado
limited liability company
By:
Name:
Title:
7
514415.8
STATE OF COLORADO
COUNTY OF
)ss.
The foregoing instrument was acknowledged before me this
200, by
as
corporation.
of the Town of Avon, a Colorado municipal
Witness my hand and official seal.
My commission expires:
day of
Notary Public
STATE OF COLORADO
COUNTY OF
)ss.
The foregoing instrument was acknowledged before me this
, 200_, by
as of Buffalo Ridge Affordable Housing
Corporation, a Colorado nonprofit corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
day of
8
514415.8
STATE OF COLORADO
COUNTY OF
)ss.
The foregoing instrument was acknowledged before me this day of
, 200, by James G. Fitzpatrick, III, as Managing Member of
Corum Buffalo Ridge LLC, a Colorado limited liability company, General Partner of
Buffalo Ridge II LLLP, a Colorado limited liability limited partnership.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
COUNTY OF
)ss.
The foregoing instrument was acknowledged before me this day of
, 200_, by Jeffery M. Spanel, as Manager of Wintergreen Homes-
Buffalo Ridge LLC, a Colorado limited liability company, General Partner of Buffalo
Ridge II LLLP, a Colorado limited liability limited partnership.
Witness my hand and official seal.
My commission expires:
Notary Public
9
514415.8
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
200_, by
as of Traer Creek, LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
10
514415.8
EXHIBIT A
Description of Improvements
11
514415.8
Exhibit A
Village (at Avon) Filing 2
Subdivision Improvements Agreement
The public Improvements for the Village (at Avon) Filing 2 shall include the
following described work:
1. General, including contractor mobilization.
2. Demolition, including the removal of the gate at the westerly property
line.
3. Earthwork, which is limited to clearing, excavation and the placement
of compacted earth fill within the right of way for Swift Gulch Road.
4. Road Construction, including the preparation of the subgrade,
placement of road base, placement of asphalt paving, installation of
guardrail, installation of concrete sidewalks, roadway striping and
signage and two bus stops for Swift Gulch Road. The preparation of
the subgrade, placement of road base and placement of asphalt
paving for the bike path.
5. Drainage and Debris Flow Mitigation, including the construction of
debris retention ponds, storm water detention ponds, storm sewers,
and outlet structures. This work also includes the enclosure of the
Nottingham - Puder Ditch into a pipeline.
6. Revegetation & Erosion Control, including erosion control during
construction, and reseeding all portions of the Swift Gulch Road right
of way disturbed by this construction.
7. Utilities, including the construction of sanitary sewer and domestic
water mainlines.
8. Retaining Walls includes the construction of boulder and/or MSE
retaining walls within the Swift Gulch Road right of way.
9. Booster Pump Station includes the construction of a temporary,
above ground pump station to provide adequate domestic water
pressure and required fire flows. In the event that Traer Creek
Metropolitan District completes a "loop line" across Interstate Highway
70 connecting the easterly end of the Village (at Avon) Filing 2 water
main to the water mains on the south side of the highway in advance of
the completion of the first apartment building, this station will not be
required or constructed.
10. Construction Management includes the general contractors fee,
liability insurance and performance bond.
These improvements are more fully delineated on the construction plans on file
at the Town Office entitled FINAL PLAN, THE VILLAGE (AT AVON) FILING 2,
BUFFALO RIDGE IMPROVEMENTS. dated
EXHIBIT B
Cost of Improvements
12
514415.8
Village (at Avon) Filing 2
Subdivision Improvements Agreement - Exhibit B
Wintergreen Homes
12:47 PM 4/18/2002
SIA budget
Page 1 of 3
Unit
Item Description Quantity Unit Cost Extension Subtotal
1 General
1.1 Mobilization 1 LS 52,611.00 $52,611
subtotal $52,611
2 Demolition
2.1 Fence & barricade removal 1 LS 500.00 $500
subtotal $500
3 Earthwork
3.1 Clear & Grub 11150 CY 2.64 $29,436
3.2 Topsoil - replace 2000 CY 5.08 $10,160
3.3 Excavation 58548 CY 2.81 $164,518
3.4 Embankment 72254 CY 1.90 $137,282
subtotal $341,396
4 Road Construction
4.1 Subgrade prep. 13430 SY 0.59 $7,924
4.2 Bike path subgrade prep. 4205 SY 0.73 $3,070
4.3 Class 6 road base
a 10" 8047 Tons 13.71 $110,324
d Bike path 1245 Tons 18.06 $22,485
4.4 Asphaltic concrete
a 4" 3428 Tons 39.70 $136,092
c 3" bike path 520 Tons 39.97 $20,784
4.5 Guardrail 2171 LF 19.20 $41,683
4.6 Guardrail anchorage 8 EA 720.00 $5,760
4.7 Trailhead parking & improvements 1 LS 3,155.00 $3,155
4.8 Striping 1 LS 2,400.00 $2,400
4.9 Signs 11 EA 123.96 $1,364
4.11 Sidewalk (incl prep) 10026 SF 8.77 $87,928
4.12 Bus stop concrete paving 5452 SF 10.64 $58,009
subtotal $500,977
5 Drainage & Debris Mitigation
5.1 Pond excavation 32942 CY 3.50 $115,297
5.2 Pond embankment 5504 CY 3.97 $21,851
5.3 18" HDPE 1233 LF 32.84 $40,492
5.4 18" RCP 94 LF 30.24 $2,843
5.5 30" HDPE 689 LF 49.19 $33,892
5.6 48" HDPE 379 LF 93.38 $35,391
5.7 60" HDPE 304 LF 153.28 $46,597
Village (at Avon) Filing 2
Subdivision Improvements Agreement - Exhibit B
Wintergreen Homes
12:47 PM 4/18/2002
SIA budget
Page 2 of 3
Unit
Item Description Quantity Unit Cost Extension Subtotal
5.8 18" HDPE end section 31 EA 298.31 $9,248
5.9 30" HDPE end section 1 EA 82.24 $82
5.1 48" HDPE end section 2 EA 1328.85 $2,658
5.11 Storm manholes 5 EA 3202.64 $16,013
5.12 Inlets 6 EA 2906.38 $17,438
5.13 Riprap 4688 Tons 30.00 $140,640
5.14 Concrete headwalls 2 EA 4800.00 $9,600
5.15 Nottingham - Puder ditch
a 36" HDPE 843 LF 56.72 $47,815
b 6' manholes 5 EA 3181.98 $15,910
c Slide gate 1 EA 1128.00 $1,128
d R/R existing 36"end sections 2 EA 268.44 $537
e Tie to existing 24" RCP 1 EA 874.28 $874
5.21 Detention pond outlet structure 6 EA 4431.60 $26,590
subtotal $584,895
6 Revegetation & Erosion Control
6.1 Erosion control 1 LS 10,596.30 $10,596
6.6 Seed & mulch 5 Acre 3,660.00 $18,300
subtotal $28,896
7 Utilities
7.1 Water Main
a 12" DIP 4096 LF 37.71 $154,460
b 12" bends 11 EA 405.62 $4,462
c Fire hydrant assembly 5 EA 3,992.64 $19,963
d 4" water service line 15 EA 2,812.29 $42,184
e Air vac/prv manhole 1 EA 2,635.36 $2,635
7.2 Sanitary Sewer Main $0
a 8" PVC 5200 LF 21.87 $113,724
b Manholes 18 EA 2,209.65 $39,774
c Sanitary service lines 15 EA 1,699.85 $25,498
subtotal $402,700
8 Retaining Walls
8.1 MSE walls 6289 SF 19.20 $120,749
8.2 Wall Excavation 4100 CY 5.45 $22,345
8.3 Wall backfill 2500 CY 11.04 $27,600
8.4 Boulder retaining wall 6289 SF 5 $31,445
subtotal $202,139
9 Booster Pump Station
Village (at Avon) Filing 2 Wintergreen Homes
Subdivision Improvements Agreement - Exhibit B 12:47 PM 4/18/2002
SIA budget
Page 3 of 3
Unit
Item Description Quantity Unit Cost Extension Subtotal
9.1 Package (above ground from EFI) 1 EA 100,000.00 $100,000
9.2 Site electrical & concrete 1 EA 25,000.00 $25,000
subtotal $125,000
10 Construction Management
10.1 Insurance, bond & fee 1 EA 9.00% $201,520
subtotal $201,520
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD APRIL 9, 2002
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400
Benchmark Road, Avon, Colorado in the Council Chambers
Mayor Judy Yoder called the meeting to order at 5:30 PM. A roll call was taken with Councilors
Michael Brown, Debbie Buckley, Peter Buckley, Rick Cuny, Mac McDevitt, and Mayor Protein
Buz Reynolds present. Also present were Town Manager Bill Efting, Assistant Town Manager
Larry Brooks, Town Attorney John Dunn, Town Clerk Patty McKenny, Human Resource
Director Jacquie Halburnt, Town Engineer Norm Wood, Recreation Director Meryl Jacobs,
Public Works Director Bob Reed, Transit Director Harry Taylor, Comm. Dev. Director Ruth
Borne, as well as members of the press and public.
Citizen Input:
Bob Armour was present to provide an overview of the services provided by the Eagle County
Health Services District. An upcoming tax levy increase is proposed for the May election and
Armour wanted to provide information to the Council and general public about the issue.
Resolutions:
Resolution No. 02-20, Series 2002, A Resolutions repealing the Provision for a compliance
deposit in the Town of Avon residential, commercial, and industrial design review guidelines
was considered by the Town Council. Ruth Borne, Community Development Director, provided
a brief summary on the issue. Council discussion occurred regarding the topic with suggestions
to table the Resolution at this time and then continue to research the topic.
Councilor D. Buckley moved to approve Resolution No. 02-20. Councilor P. Buckley seconded
the motion. Mayor Yoder asked for a roll call vote on the motion. Those in favor of the motion
included: Councilors P. Buckley, D. Buckley, and Cuny. Those not in favor of the motion
included: Councilors McDevitt, Reynolds, Brown and Yoder. The motion was defeated by a 4
to 3 vote.
Discussion continued with comments being heard by Planning & Zoning Commission members
Andrew Karow and Ron Wolfe who both expressed support of the compliance deposit. Mike
Cacioppo expressed support to repeal the compliance deposit stating it places a financial burden
on the local citizens of the community.
Councilor Reynolds moved to place a moratorium on the compliance deposit requirements for a
period not to exceed 60 days. Councilor McDevitt seconded the motion. Mayor Yoder asked for
a roll call. The motion carried unanimously.
Council asked Town Manager to schedule discussion of the compliance deposit at the next work
session. It was noted to include Town Council, Planning & Zoning Commissioners, Community
Development staff and local building community.
New Business:
Mayor Yoder read the Proclamation for the Days of Remembrance proclaiming the week of
April 7th through April l4t" to remember the victims of the Holocaust.
Mayor Yoder announced the four appointments to serve on the Avon Planning & Zoning
Commission, Chris Evans, Greg Macik, Brian Sipes, and Terry Smith.
Mayor Report:
Mayor Yoder expressed appreciation to Boon Reed and his Public Works crew for all the clean-
up efforts around Town and along the I-70 corridor.
Other Business:
Mayor Yoder welcomed Patty McKenny to the organization as the new Town Clerk.
Councilor P. Buckley provided updates on Post Office maintenance issues.
Consent Agenda:
a) Approval of the March 26, 2002 Council Meeting Minutes
b) Award Contract East Avon Access and Circulation
c) Award Contract Admin Intermountain Engineering
d) HP Geotech Professional Services Agreement - Dam Repair
e) LP2A - Building Permit Plan Review Services
Mayor Yoder asked for a motion on the Consent Agenda. Councilor P. Buckley moved to
approve the Consent Agenda. Councilor Brown seconded the motion. The motion was carried
unanimously
There being no further business to come before the Council, Councilor McDevitt motioned to
adjourn the meeting. Councilor Brown seconded the motion. The meeting adjourned at 6 PM.
Regular Council Meeting
April 9, 2002
RESPECTFULLY SUBMITTED:
Patty Bierle-McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
Regular Council Meeting
April 9, 2002