TC Council Packet 02-11-2003STATE 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 FEBRUARY 11, 2003, AT 2:15 P.M. IN THE
MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE
PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING:
2:00 PM 2:45 PM 1) Council Committee Updates
a. Economic Development
b. Community Development
2:45 PM - 3:15 PM 2) Recreation Department Report (Meryl Jacobs)
3:15 PM - 3:45 PM 3) Vision, Mission & Values Discussion
4) Non Profit Funding Requests
3:45 PM - 4:00 PM Vail Valley Foundation (Kurt Krieg)
4:00 PM - 4:15 PM Vail Valley Chamber & Tourism Bureau
(Steve Pope)
4:15 PM - 4:30 PM Bravo! Vail Valley Music Festival (Jeanne Reid)
4:30 PM 4:45 PM Colorado West Recovery Center (Diane Schlough)
4:45 PM - 5:00 PM Vail International Hockey (Louise Funk)
5:00 PM - 5:25 PM 5) Staff Updates
a. Buck Creek Drainage (Norm Wood)
b. EagleBend Water Issue (John Dunn)
c. Magnesium Chloride Discussion (Bob Reed)
d. Community Picnic (Jacquie Halbumt)
Council Questions
Consent Agenda Questions
AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL THIS MEETING IS
OPEN TO THE PUBLIC.
TOWN OF AVON, COLORADO
"?c
BY: I 4KY
att McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
FEBRUARY 7, 2003:
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
Avon Council Meeting.2.11.03
Memo
To:
Thru:
From:
Date:
Honorable Mayor and Town Council
Larry Brooks, Town Manager
Meryl Jacobs, Director of Recre W?'Z
February 6, 2003
Re: Rate Structure for Avon, Silverthorne & Breckenridge Recreation Centers
Summary: Attached are the various rate structures for Avon, Silverthorne and Breckenridge
Recreation facilities. Staff believes it will be helpful for council to have this information in advance of
our presentation on the February 11 tt,
RESIDENT
JAY 0 N
CO L O A A Da
RECREATION CENTER
325 BENCHMARK ROAD, AVON CO
PHONE: 748.4060
FAX: 949.0160
PASSES
NON-RESIDENT
73a ily Monthly ; Six Yearly PASS RATES Daily Monthly Six ; Yearly
Month Month ;
$10.00 $42 ! $209
$375
Adult (Ages 18-59) _
$10.00 $59 $296 $529
9
0
$7 22
i $99
. _ 28?
$ outh (Ages 3-17) $7.00 ti$31 $141 $252
8
.00 2
9
9 S
enior (Ages 60 + M
8 00 $40 $197 $352
FN/A _-
?. $77 I. - -$382 i $688 _. ...... .._.. _Family._ L._ N!A_.. i $1,09 ?. $539 $972
PUNCHCARDS
5 - Punch 10 - Punch 25 Punch
Avon Resident ?
L Non-Resident.. ?$29
. .$40 ?- $46 ?-
..$64 _
$96
$136
Corporate Avon Resident
? 28
___$ .... _.
_ 44
,____._._
_
_$92
FCo`rporate Non-Resident
... 39
$ ---
$131__.
Membership and daily fees include use of the Recreation Center and Aerobics. Childcare and fee-based
Programs are additional.
Towel Rental: $2.00 Photo ID Replacement: $1.00
DEFINITIONS:
Fee schedule is subject to change at any time.
* Family: A married couple or individual with dependent children under the age of 18 living in the household.
**Avon Resident: A person living or owning real property within the corporate boundary of the Town of Avon. To receive the
resident rate, person must show proof of a physical address in the Town of Avon at the time of purchase and for renewals
in the form of: (1) Voter registration card (2) Lease (3) Driver's License (4) Real property tax receipt.
*Avon PO Boxes are not considered proof of residency. *
CHILDCARE:
RATES:
5.00 per hour per child $2.50 per half hour per child $35.00 for 10 hour punch card ($3.50
HOURS MORNING EVENING
MONDAY 9:00 A.M 1:00 P.M. 4 OOP.M 7:00 P.M.
TUESDAY 9:00 A.M. - 1:00 P.M.
4.6OP.M. -7:00 P.M.
WEDNESDAY 9:00 A.M 1:00 P.M. ( 4 OOP.M. -7:00 P.M.
THURSDAY
_
_ 9:00 A.M. - 1:00 P.M. CLOSED
FR
IDA
Y 9:00 A.M. - 1:00 P.M. CLOSED
SATURDAY 9:00 A.M. - 12:30 P.M. .,_.__ _. _.... CLOSED
;SUNDAY CLOSED CLOSED
Childcare accepts children age 6 mos. to 8 yrs.
Parent/Guardian must remain in the building.
GENERAL BUILDING INFORMATION:
The Avon Recreation Center is approximately 40,000 square feet. The Aquatics Area is approximately 15,000 square feet and includes a
25 yard lap pool, a diving pool with a 2/3 meter board, a leisure pool with fountains, sprays, bubblers, a kid's slide, and a 140 foot long
water slide which empties into a splash down area and is surrounded by a jet-propelled lazy river. Also included is a co-ed steam room,
sauna, and 16-person Jacuzzi.
The lap pool is heated to an average of 81 degrees, the leisure pools average 90 degrees and the Jacuzzi averages 104 degrees. All
pools use chlorine and LIV disinfections. The Jacuzzi uses hydrogen peroxide and LIV disinfect ion. The water slide and features are
turned on at 11 am and off at 9 pm. Lifeguards are on duty during all pool hours.
Fitness programs and other classes are offered in our spacious aerobics studio with a cushioned hardwood floor and state-of-the-art
sound system.
The fitness conditioning area has CYBEX Selectorized Strength Training Stations, dumbbell weights up to 100 lbs., a smith machine, a
weight assisted chin/dip machine, high/low - cable cross machine, abdominal/ back benches, and a host of cardio equipment listed as
follows: 7 Star Trac treadmills, 8 Stepper's, 4 recumbent bikes, 7 upright bikes, 2 Concept II rowers, 1 XL 100 Cross-trainer and two
elliptical walkers. There is also Cardio Theater (bring your own headphones or purchase for $5) with 8 TV's, 2 FM stations, a cassette
and CD player available for your workout pleasure.
RECREATION CENTER GUIDELINES:
• Passes are non-refundable and non-transferable.
• Pass holders are entitled to unlimited use of all general admission facilities.
• Passes may be revoked or suspended if a violation of any Recreation Center Policy is determined.
• Smoking and tobacco of any kind, alcoholic beverages, and chewing gum are not permitted within the Recreation Center. Food and
• drink are permitted only in designated areas.
• Childcare is provided for paying facility visitors only. Parents must remain on premise.
• Children 8 and under must be accompanied by a paving Guest who is 13 years or older. This Quest must actively supervise
the child and may be required to wear appropriate swim attire.
• A non-swimming parent/guardian who wishes to accompany their child who is 9 or over, will not be charged admission to enter into the
aquatics area.
• Children 6 years and older must use the family change room or appropriate locker room.
• The fitness area is available to anyone 15 years of age and older. Those 15-17 years of age must complete a weight room/equipment
orientation with a weight room attendant.
• Infants and toddlers must wear diapers with rubber pants, or a swim diaper in the pool facility.
• Bicycles, skateboards, or in-line skates are not permitted inside Recreation Center.
• Fliers and posters shall be displayed in designated areas only.
Pets are not allowed within the Recreation Center with the exception of seeing-eye dogs.
Absolutely no refunds will be -granted after the second activity period. A Processing Fee will be deducted from all
refunds. Refunds may be obtained by submitting your registration receipt to the Recreation Department Refund
checks will be mailed to you within 21 days.
Fourth of July CLOSED Christmas Eve 6:00 A.M. - 3:00 P.M.
Thanksgiving Day r--- -
CLOSED New Years Eve 6:00 A.M. - 3:00 P.M.
Christmas Eve CLOSED New Years Day iLL12 NOON - 9 P M
The Recreation Center will also be closed in the spring and fall for cleaning and repairs, call 748-4060 for dates.
REGULAR HOURS
Monda thru Friday 6:00 a.m until 9:00 P.M.
Saturday and Sunday until 9:00 p.m.
POOL FEATURES OPEN AT 11:00 A.M. DAILY
207 A9FF,ES`
Children r & Under) - T=REE
Children -11
.(4 ) $5
Youth (1'2 . 17) - $6.50`
Adults 08 & older) - $8.50
Silverrhorne Seniors .(70, & Older) - FREE„
Daily fees Indu6-_ drop-in chases fadfty uses
:. ME341BERSHIP FW ;
ONE-MONTH'
FAMILY PASS. AARENTS 6''EpENDENTS 23 YEARS ?i Y00,6,;A -' .
N_Qa:jKeAde/ 14mmit till
Childt/lbuth----'_ $47.50 $25 $19:5(1.
Adult $61 $4350 $32.50
Family $94.50 $92 $70.50':.
Senior (60+) $35 $26
SMMONTH
FAMILY PASS: PARENTS/DEPENDrWs 23 YEAR5 6c YOUNGER) .
Child/Youth $159 $125 $92
Adult' $333 $216.50 $162
Family $484.50 $449 $341
Senior (60+) $177.50 $131
ANNUAL
FAMILY PASS: PARENTS/DEPENDENTS 23 YEARS & YOUNGER
Id/Youth $220.50 $216.50 $167.50
Ilt $376 $344 $270.50
lily $748 $711 $557
for (60+) $290 S222
THRF>` MONTH BUDDY PASS (2 People);
MLSf BUY TOGEEHEP,, M f f IN WOE TOQM, BE N SAME A6E GPUJP .
'ouch $232 $100 $70
$315-50 $210 $140
(60+) $169 $'120
SIX-MONTH BUDDY PASS (2 People)
MU5T BUY T015-nHER, U W IN SAME TMN. HE IN SaMi AGk C,t?lJUP'
Child/Youth $285 $200 $130
AduAt $608 $400 $271 .
Seniflr (60+) $325 $230'•
SIL.VERTHORNE 15-VISIT PUNCH PASS..
Child $52 $45 $.40.
Youth $67 $57 $52
Adult $102 $90 $85"
SUMMIT 15-1lISIT PUNCH PASS
SILVERTHORNE RkKKFNR.IEXH
Child- $55
;'
S`out $70
Adult $105
i lOURS OF OPERATION
POOLS CLOSE NIGHTLY AT8:30PM':'
........................................
Marrday-Friday
Christmas Day:
'
6:OOam-9:OOpm
Pool: 6-00am-8:30pm
Saturday
7.00am-9: 00pm
Pool: 9:00am-8:30pnt
da
$.40am-9:00pm
;',, .[?ool: 9:OOarn-8:3Opm'
?D?USTIa!? ?iOURS
Christmas' Eve,
6:00am-6,.00pm-.
New Year's Eve'
6:00ant-6:00pf T...:'.
New Year's. Day:'
Easter. Sunday--:..
10.00
6 Qtlp
4M
Miscellaneous Fees:
Racquetball: $2/person/hour plus daily admission
Racquetball Punch Pass: 15-Play - $22
Wallyball: $6/court/hour plus daily fee
Long Term Lockers: $9/month; $45/6-month; $80/year
Showers: $4/person
Towel Rental: $1.25
Are You a Permanent Resident?
If you show onPg Following _v
Alid ID's you will
receive $1 off the daily admission rate.
1. Colorado Drivers License w/Summit County physical address
2. Summit County School District 1D
3. State issued ID w/Summit County physical address
Are you Purchasing or Renewing your pass?
In order to receive residency discounts, you must
provide 1 of the following:
1. Colorado Drivers License w/Summit County physical address
2. Colorado ID card w/Summit County physical address
3. Utility bill with Summit County physical address
4. Lease with Summit County physical address
5. Deed to home in Summit County
6. Summit County Property Tax receipt
Residents of Wildernest, Ptarmigan, South Forty, Hamilton
Creek, Ruby Ranch, and other un-incorporated areas of
Silverthorne will receive `SUMMIT- rates.
... TKE SIC1lERTHORNE
RECREATION CENTER
VILL CLOSE THE AQUATICS AREA
FOR ANNUAL MAINTENANCE &
"DOGGY DAY"
MAY 4 MAY 17, 2003
Dec-18-2002 01:55pm From-TOWN OF BRECKENRIDGE RECREATION CENTER 9704538890 T-788 P.002/002 F-363
Poiec,?,.inrj Fees and PAcies
.
.';(970)?453?1734.
Daily Admission
Adult (18-59) $10.00
Youth (13-17) 6-00
Child (3-12) 5.00
Senior (60+) 6.00
Last Hr (9- t Opm) 5.00
Towel Rental 1.00
25 Punch Individual Pass;
esident Worker Base
Adult $108.00 $115.00 $122.(:
Youth 66.00 70-00 74.1
Child 50.00 53.00 56.1
Senior 66,00 70.00 74.1,.
Expires I year from
date of purchase.
One Month J, ;iss
esident Worker Base
Adult $38.00 $42.50 '47.00
Couple 68.00 76.00 84.00
Youth 23-00 25.50 28.00
Dependent 8.00 8.00 8.00
Senior 23.00 25.50 28.00
Family 83.00 91.00 99.00
Tri Winter Rec Pass
Visit Elie Ice Rink, Nordic and
Recreation Center three times each.
tour-pack $95
Single $40
Expires one week from purchase.
Four-pick expire simultaneously.
Available 11/15/02-3/15/03.
Summit 15 Punch Pass
Adult $95
Youth $68
Child $51
For Summit County Residents: the only
pass valid at both the Silverthorne and
Breckenridge Recreation Centers.
Expires l year from date of purchase.
Six Month Pass
Resident Worker Base
S190.00 $212,00 $234.00
341.00 381.00 421.00
116.00 128.50 141.00
38.00 38,00 38.00
116.00 128.50 141.00
416.00 456.00 496.00
RESIDENCY QUALIFICATIONS
Dozen Days Pass
12 nduh or 24 Child
Sharable Membership
$75
Expires 6 months from
elate of purchase.
Available 11/1/02-3/15/03
Add-ons
Nordic: $15/season (w/6mo.or yearly
roc center pass)
Tennis: $30/month(in/outside use)
Towel: $12/month (One per visit)
Must run concurrently with
monthly pass type.
One Year Pass
Resident Worker Base
$342.00 $382-00 $423-00
612.00 684.00 756.00
207.00 229.50 252.00
68.00 68.00 68.00
207.00 229.50 252.00
747,00 820,00 893.00
RESIDENT any person living! in or owning residential property within the corporate boundary of
Breckenridge. Proof of resider: ;/ is required in the written form of a property tax receipt, property decd,
lease, driver's license, utility t., i I1 with pass purchaser's name and physical address printed on it or affidavit.
WORKER any person who v w rks for a business with a current Breckenridge Occupational Licensing Tax
(BOLT) license. Proof of woA.,,;r status is required in the form of pay stub or business card with
Breckenridge business name and address printed on it or a letter from employer on company letterhead.
BASE any person that does n':1 i qualify for resident or worker status.
Explanation of Passes
All passes are not sharable and non-rcfm lablc, except the dozen days, which is sharable, but not refundable.
Daily General Admission includes use t';.,ll recreation center facilities except tennis courts, climbing wall, fee-based classes, wid services.
Couplu is two Iegnlly married adults, h;unily is two legally married persons and up to two dependent children.
Dependent is any person 18 years or y, Unger and who qualifies as a dependent pursuant to ILLS. Dependent passes can only,be purchased when
an adult, senior or family pass is also pl.l chased and must run concurrently with this pass.
What pass should you buy,'
First, decide how many times ym will visit the facility.
If you come in twice a week or more, ,qtr: best value will be a yearly, six-month or monthly pass.
If you come in twice a month over the, , m.Irsc of a year, your best value is the 25-punch card,
If you andlor your group use the facilil :a, times over the course of six months the dozen days sharable pass is your best value.
Monday-Friday
Saturday November 28
Daily Hours Holiday Hours
day
December 24
Gam- J Opm November 28
lam- I ?Ipln
Sam;( ()pm December 25
8 am-4prn
Gam-6pm
Closed
December 31 6am-8pm
January I 10am-6pm
Memo
To: Honorable Mayor and Town Council
From: Patty McKenny, Town Clerk
Date: February 6, 2003
Re: "Working Draft" Attachment regarding Vision & Mission
Summary:
Attached is a revised copy of the "working draft" submitted by Councilor Wolfe that addresses the
development of the vision & mission statements to be discussed at the next work session.
WORKING DRAFT
Avon Vision Development Project:
What is a Vision Statement And Why Would It Be Useful? A vision statement
encompasses the identity, goals, values and reason for bring of an entity ...in this
case the Town of Avon. It serves as a "gold standard" against which we will test
out thoughts and actions. The Vision may be short or long with the first
sentences capturing the essence of the Vision with sequent statements detailing
what is meant. The process of developing a vision is a big part of its benefit
because the process requires that we identify all of the parameters our
dimensions about which we have options and need to take a position on.
Corporations frequently use vision statements to get all stakeholders on to the
same track.
Steps of the Process: An iterative process roughly following this sequence:
1. Appoint an Ad Hoc Committee to develop proposed vision statement
2. Public forums held to explain process, the vision statement and
rationale for each element; solicit public ideas and reactions; make any needed
improvements and revisions.
3. Committee drafts the various stages of the development of the Vision
Statement and gets preliminary public input and prepares reviews for Council
4. Review and input by Council; revised draft prepared
5. Council review of final proposal and decision to adopt or not
It is key that the Council bee kept in the loop continuously to help guide the
evolution of the project.
Process Details Many corporate quests for a vision statement are very long,
painful, frustrating and unsuccessful. Input from a wide range of stakeholders is
needed but can be overdone. Vision is set by the leaders of the Town ...both
elected and those that shape the Town by virtue of public involvement or
business activities. If the vision is correct, we should get good understanding and
buy-in by the public.
(a) Committee: Proposed membership is Jacquie, Larry, Ruth, Norm, Chris
Evans, Brian Sipes, Ron Wolfe (I volunteer to facilitate and coach this project)
plus a few community/business leaders. Ideally I'd like to have people who ran
for Council participate with one of them being Chair of the group
(b) Process: There will be many iterations of this concept throughout the project
and the various presentations and reviews. The process would be....
1. Develop a list of dimensions or parameters that can define the Town.
Examples: What kind of town are we? ...modern, urban, rural, quaint,
industrial, etc.
What do we focus on? ...outdoor recreation, commerce, etc.
What do we value? ...citizen participation, environment, open
space, individual autonomy, etc.
What architectural style do we emphasize? ...varied and practical,
quaint European, techie, etc.
What do we deliver as our bottom line? ...we provide the larger
community with .....
2. Committee establishes a rationale for each parameter, decides which
should be included in the Vision Statement and which should not. Reasoning for
inclusions and exclusions are documented.
3. Parameters to be included in the Vision Statement are next explored
individually and possible positions for each are developed and evaluated. A
decision is made on the position to adopt and the Vision Statement is put
together for the next steps.
4. All presentations and reviews follow pretty much the same approach.
First the reasons for developing a Vision Statement have to be explained and the
value of this project made clear. The process is explained and the alternatives
considered and positions adopted are presented and substantiated. reactions
and ideas are captured, commented on and later considered for inclusion. Public
forums should be used and we can consider a process using our web site as well
5. Council adopts an acceptable final Vision
Example Here is a simplified example of what the process could yield ...
--What kind of a town are we?
"Avon is a modern mountain town..."
--What do we focus on?
"Avon is a modern mountain town emphasizing (focused on,
built on, etc.) winter and summer outdoor recreation and sports.
--What do we provide?
"Avon is a modern mountain town emphasizing winter and
summer outdoor recreation and sports. People come here to visit and to live
because of these recreational opportunities, the natural beautv of our area and
the quality of life possible in Avon. We offer a wide range of quest
accommodations, housing, seasonal and career employment opportunities,
recreational activities, shopping and entertainment. Our architecture is varied,
practical and efficient for its intended purpose."
--What do we value?
"Avon is a modern mountain town emphasizing winter and
summer outdoor recreation and sports. People come here to visit and to live
because of these recreational opportunities, the natural beauty of our area and
the quality of life possible in Avon. We offer a wide range of guest
accommodations, housing, seasonal and career employment opportunities,
recreational activities, shopping and entertainment. Our architecture is varied,
practical and efficient for its intended purpose. We seek out input from residents
and business regarding the management and evolution of our town. We value
our western heritage and work to preserve it. Avon is a responsible steward of
our environment. Open space is also of great value to Avon and we set aside
parcels as part of every annexation and development."
--What is our bottom-line?
"Avon is a modern mountain town emphasizing winter and
summer outdoor recreation and sports. People come here to visit and to live
because of these recreational opportunities, the natural beauty of our area and
the quality of life possible in Avon. We offer a wide range of guest
accommodations, housing, seasonal and career employment opportunities,
recreational activities, shopping and entertainment. Our architecture is varied,
practical and efficient for its intended purpose. We seek out input from residents
and business regarding the management and evolution of our town. We value
our western heritage and work to preserve it. Avon is a responsible steward of
our environment. Open space is also of great value to Avon and we set aside
parcels as part of every annexation and development. Thus, Avon is the premier
mountain town for men and women to visit, live, work, shop and play in."
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
! 7
From: Norman Wood, Town Engineer
Date: February 6, 2003
Re: Buck Creek Drainage Improvements Project (I-70 to Eagle River)
Estimated Project Costs -Project Budget
Summary: The current approved 5-Year Capital Improvements Fund Budget
includes $75,000 in 2002 and $794,000 in 2003, or $869,000 for this project. Based upon the
attached current preliminary cost estimate submitted by Inter-Mountain Engineering, the total
estimated project cost is summarized as follows:
Construction $1,057,408
Engineering (Design) $ 118,500
Easement (Surveys) $ 16,500
Easement (Appraisals) $ 12,500
Easement (Acquisition) $ 45,000
Legal $ 15,000
Permits & Fees $ 12,500
Contract Administration $ 10,000
Testing Services $ 5,000
Contingencies @ 20 % $ 258,482
Total Estimated Project Cost $1 ,550,890
The original project budget was based upon a conceptual design and cost estimates developed
in 2000. Final design details include modifications to the original concept design such as the
installation of dual 64"x43" arch pipes across Nottingham Park to accommodate future
implementation of the Town Center Plan and curb, gutter, sidewalk and median installation
have been added on West Beaver Boulevard to coordinate and address street configuration
issues with the proposed storm water improvements. Also, the original concept design did not
anticipate the requirement for easements outside the existing easements and Town owned
property.
I:\Engineering\CIP\stormwater-Buck Creek`3.0 Design\3.4 Documentation`3.4.2 Cost Estimates\Cost Est Memo-I.Doc
We do not recommend a budget amendment at this time, but do recommend that a budget
amendment be considered after construction bids are received. It should be possible to
develop a relatively precise budget with a significantly lower percentage allowed for
contingencies at that time. This project is funded by the transfer of funds from the Water Fund
to the Capital Improvement Fund and consequently the anticipated additional costs do not
affect either the General Fund or the Capital Improvement Fund. If final costs should coincide
with this projected cost estimate the projected 2003 Water Fund Balance would be reduced
from $1,621,174 to $ 939,284.
We recommend proceeding with interim project steps such as easement appraisals and
acquisition, permitting and construction bidding with final project and budget decisions
following receipt of construction bids.
A proposal from Valuation Consultants, Inc. for appraisal services is included under the
Consent Agenda.
Town Manager Comments:
0 Page 2
PRELIM INARYCONSTRUCTION COST ESTIMATE
BUCK CREEK DRAINAGE IMPROVEMENTS
QUANTITY UNIT UNIT TOTAL
PRICE COST
1.0 GENERAL
1.1 Mobilization 1 L.S. $100,000.00 $100,000.00
1.2 Survey / Staking 1 L.S. $50,000.00 $50,000.00
1.3 Orange Safety Fence 3875 L.F. $2.50 $9,687.50
1.4 Split rail fence 50 L.F. $50.00 $2,500.00
1.5 Union Pacific Railroad Company Costs:
a. Flagmen per 8 hours in 8 hr increments only 5 EACH $500.00 $2,500.00
b. $6,000,000 Aggregate RR protective insurance 1 L. S. $5,000.00 $5,000.00
c. $2,000,000 per Accident insurance 1 L.S. $2,500.00 $2,500.00
1.6 Clean 84" CMP 1 L.S. $1,800.00 $1,800.00
2.0 DEWATERING
2.1 Use existing diversion structure near SE corner of 21 Days $480.00 $10,080.00
lot 41 to divert flows from channel adjacent to lot 46.
Pump nuisance flows upstream as necessary
2.2 Install temporary coffer dam northeast of culverts 21 Days $1,200.00 $25,200.00
below West Beaver Creek Blvd. Lay pipe and pump
15 cfs (2-yr event) - 40 cfs (10-yr event) to existing
storm sewer (approx. 400 I.f. away)
2.3 Install temporary coffer dam between wingwalls 21 Days $1,200.00 $25,200.00
S of 1-70. Lay pipe and pump 15 to 40 cfs to 48"
culverts below West Beaver Creek Blvd. (approx
400 I.f. away)
2.4 Removal of temporary cofferdams, pumps and pipe 2 L.S. $1,300.00 $2,600.00
3.0 DEMOLITION
3.1 Demolition and disposal of existing diversion 1 L.S. $1,500.00 $1,500.00
structure near SE corner of lot 41
3.2 Remove existing 24" pipe and fittings and 30" pipe 1 L.S. $600.00 $600.00
from diversion structure to behing new wall. Plug
and abandon existing 30" pipe
3.3 Remove existing 6" storm sewer near Comfort Inn 42 L. F. $12.00 $504.00
and outlet through new wall
3.4 Remove and replace existing wire or chain link 90 L. F. $40.00 $3,600.00
3.5 Remove and reconstruct existing wood fence 42 L. F. $60.00 $2,520.00
3.6 Remove and replace existing split rail fence 75 L. F. $40.00 $3,000.00
3.7 Sawcut existing asphalt 750 L. F.. $2.50 $1,875.00
3.8 Remove and dispose of exisiting asphalt 198 S.Y. $4.50 $891.00
3.9 Sawcut, remove & dispose of existing curb, 40 L. F. $7.20 $288.00
gutter and sidewalk
3.10 Remove existing rip-rap north of fire station 162 S.Y. $7.50 $1,215.00
3.11 Remove and replace type 3 guard rail either side of 165 L. F. $40.00 $6,600.00
West Beaver Creek Blvd.
3.12 Remove and re-place existing boulders 16 EACH $250.00 $4,000.00
3.13 Remove existing rock wall 2 L.S. $750.00 $1,500.00
3.14 Remove existing trees 34 EACH $1,000.00 $34,000.00
3.15 Cut and remove existing 64"x43" CMP Arch 4 L. F. $25.00 $100.00
3.16 Cut and remove existing 18" CMP, plug remaining 12 L. F. $35.00 $420.00
Preliminary Construction Cost Estimate 1/17/03
3.17 Remove existing 24" CMP diversion to lake
3.18 Cut and remove existing 66"x51" CMP Arch
3.19 Cut and Remove existing 48" CMP
4.0 EARTHWORK, WALLS & EROSION CONTROL
4.1 Pothole to locate existing utilities
4.2 Wetland soil stripping, stockpiling and re-placing
4.3 Topsoil stripping, stockpiling and re-placing
4.4 Unclassified Excavation
4.5 In-Place Embankment
4.6 Export and dispose of excess material (off site in
location determined by contractor)
4.6 Site Grading
4.7 Concrete Retaining Wall
4.8 Boulder Retaining Walls (4' max)
4.9 Boulder Inlet and Outlet Headwalls (height > 4')
4.10 Rip-Rap
4.11 Geotextile fabric under rip-rap
4.12 Straw bale inlet and channel protection
4.13 Permanent erosion control fabric
4.14 Re-vegetation of disturbed areas (seed, mulch,
fertilizer and water)
5.0 LANDSCAPING
5.1 Sod (in Park) w/ soil prep & irrigation
5.2 Repair disturbed landscaped areas
5.3 Transplant existing trees and shrubs
5.4 Deciduous Shrubs 5 Gal.
5.5 Evergreen Shrubs 5 Gal.
5.6 Colorado Spruce, 12 ht.
5.7 Cottonwood
5.8 Aspen, 3" - Cal
5.9 New landscape boulders
6.0 DRAINAGE
6.1 48" CMP
6.2 48" FES
6.3 48" Safety End Treatment
6.4 48"x.75" Permalok pipe (Bored under RR tracks)
6.5 64"x43" CMP Arch
6.6 54" CM P
6.7 36.25"x22.5" RCP Arch
6.8 66"x51" Safety End Treatment
6.9 Manholes (90" dia)
a. 8' deep
b. 14' deep
c. 17' deep
6.10 Diversion structure
6.11 Concrete head and wingwall
7.0 ROADWAYS
7.1 Subgrade Preparation
7.2 Class 6 Aggregate Base
7.3 Hot Bituminous Pavement Class SX
50
11
8
17
310
1235
1270
61
1209
52000
65
944
76
240
360
25
2150
39000
L. F.
L. F.
L. F.
EACH
C.Y.
C.Y.
C.Y.
C.Y.
C.Y.
S.F.
C.Y.
L. F.
L. F.
C.Y.
S.Y.
EACH
S.Y.
S.F.
10000
12500
20
20
10
30
10
40
5
S.F.
S.F.
EACH
EACH
EACH
EACH
EACH
EACH
EACH
$10.00
$25.00
$25.00
$150.00
$3.50
$2.00
$6.50
$12.50
$16.50
$0.25
$320.00
$55.00
$100.00
$40.00
$2.50
$250.00
$6.50
$0.25
$2.00
$2.50
$750.00
$25.00
$30.00
$850.00
$250.00
$300.00
$350.00
$500.00
$275.00
$200.00
$2,550.00
$1,085.00
$2,470.00
$8,255.00
$762.50
$19,948.50
$13,000.00
$20,800.00
$51.892.50
?)i ,tbuu.uu
$9,600.00
$900.00
$6,250.00
$13,975.00
$9,750.00
$20,000.00
$31,250.00
$15,000.00
$500.00
$300.00
$25,500.00
$2,500.00
$12,000.00
$1,750.00
372 L. F. $90.00 $33,480.00
2 EACH $1,500.00 $3,000.00
8 EACH $3,000.00 $24,000.00
150 L. F. $700.00 $105,000.00
255 L. F. $125.00 $31,875.00
634 L. F. $110.00 $69,740.00
40 L. F.. $75.00 $3,000.00
4 EACH $5,000.00 $20,000.00
2 EACH
2 EACH
2 EACH
50 C.Y.
25 C.Y.
$6,000.00 $12,000.00
$10,000.00 $20,000.00
$15,000.00 $30,000.00
$450.00 $22,500.00
$320.00 $8,000.00
4250
292
125
S.F. $0.50
TONS $22.00
TONS $50.00
$2,125.00
$6,424.00
$6,250.00
Preliminary Construction Cost Estimate 1/17/03
7.4 Replace standard concrete curb & gutter 30 L. F. $20.00 $600.00
7.5 Replace sidewalk 180 S.F. $5.50 $990.00
7.6 Double sidewalk chase 7 L. F. $120.00 $780.00
7.7 New guardrail and end sections 330 L. F. $35.00 $11,550.00
7.8 Spill curb in median 300 L. F. $20.00 $6,000.00
7.9 Patterned concrete/pavers in median 400 S.F. $14.00 $5,600.00
7.10 Striping in parking lot between muni.bldg and fire sta. 1 L. S. $1,200.00 $1,200.00
7.11 Traffic Control 1 L. S. $20,000.00 $20,000.00
8.0 UTILITIES
8.1 Relocation of Existing Utilities 1 L.S. $35,000.00 $35,000.00
SUBTOTAL $1,057,408.00
2 0% CONTINGENCY $211,481.60
TOTAL
$1,268,889.60
Preliminary Construction Cost Estimate 1/17/03
Town of Avon, Colorado
Financial Support, Donations and Contributions
Non-Profit Organization
Funding used for: 2002
Actual 2003
Request 2003
Budget 2111103
Request
Vail Valley Foundation 2002 Birds of Prey 35,000 10,000 10,000 -
requested $7,000 in-kind services (buses)
2003 American Ski Classic 30,000 25,000 - 25,000
2003 Vail International Dance Festival - 7,500 - 7,500
2003 Launch into Literacy-Avon Elementary school - 7,500 - 7,500
Due to cancellation of 2001 Birds of Prey event, Town (17,500) - - -
of Avon was credited $17,500 in 2002.
Total Contribution 47,500 50,000 10,000 40,000
Vilar Center for the Arts 02-03 Vilar Center for the Arts - 18,500 - 18,500
request made by VVF as 03 Beaver Creek Theater Festival - 7,500 - 7,500
managing entity
Total Contribution - 26,000 - 26,000
Vail Valley Chamber & Key goals for 2003 include: improving the economic 25,000 40,000 - 25,000
Tourism Bureau opportunity for member businesses, increasing the number
of visitors to the area, and reducing the cost of doing
business in the community.
Total Contribution 25,000 40,000 - 25,000
Bravo! 2003 Town of Avon Summer Library Program 50,000 25,000 - 25,000
Vail Valley Music Festival Six Concert Chamber Music Series, Vilar Center - 25,000 - 25,000
Artist support for the New York Philharmonic - 30,000 - 30,000
Residency in the Valley
Total Contribution 50,000 80,000 80,000
Colorado West Regional 2003 Financial Funding support for the detoxification - - - 8,405
Mental Health, Inc. program, Colorado West Recovery Center. Funding is
based on formula which uses population figures from
census report.
Total Contribution - - - 8,405
Vail International Hockey Funding for Vail International Hockey Team to travel to - -
Russia for 17 days in December 2003
Different sponsorship levels presented
Total Contribution - - - -
PROGRAMS FUNDED IN 2003
Eagle River Youth Coalition A contribution of $3 per youth in Avon. The organization - 4,000 4,000 na
supports the youth serving organizations in Eagle County.
Total Contribution - 4,000 4,000
Eagle County Down Payment Program was created to provide down payment assistance 10,000 25,000 10,000 na
Assistance to low and moderate income families
Total Contribution 10,000 25,000 10,000
(Account # 114 64902)
TOTAL CONTRIBUTIONS 2329500 225,000 24,000 179,405
2/6/2003
Non Profit Requests
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Bob Reed, Director of Public Works Xl?--
Date: February 5, 2003
Re: Anti-Icing and De-Icing Chemicals
Summary:
Attached you will find a report from CIRSA regarding the effects of anti-icing and de-icing
chemicals currently being used around the State.
It touches on the pros and cons of Magnesium Chloride as well as many of the alternatives.
Discussion:
This report reinforces our decision for the last 10 to 12 years regarding the use of Calcium
Magnesium Acetate. We have tried many of these products in this report and will continue to
do so in the future.
Town Manager Comments:
I:\Enb neeiing\Fonns\Council Memo Template.Doc
Anti-Icing and De-Icing Chemicals and Their Effects
Much concern has been expressed regarding magnesium chloride, road salt and sand and
its effects upon vegetation, aquatic life, corrosion of metal, and health concerns. Several
anti-icing technologies have been developed recently to provide alternatives to
magnesium chloride. Most of these address the concerns of toxicity to vegetation and
human exposure, and the lessening of corrosion. Some of these alternative technologies
are presented, yet the emphasis of this document is the environmental effects of
magnesium chloride use. The following is a discussion of the concerns presented above.
Damage to Vegetation:
The Colorado Department of Transportation (CDOT) will be conducting a study that is
estimated to take two years to complete on damage to vegetation allegedly from the use
of magnesium chloride. This study will commence in the fall of 2002. The properties of
magnesium chloride (viscosity and hydrophilic) limit the amount of runoff from the
roadway. When a significant precipitation event occurs, some of the magnesium chloride
is carried off of the roadway.
The dilution figures that CDOT uses are based upon a twenty-two inch snowstorm per
application. However, most snowstorms are not this extensive. If a snowstorm of this
magnitude does not occur, the magnesium chloride solution, (typically 28-32%
magnesium chloride) will not be diluted significantly and the spray from truck and
vehicle tires will coat nearby vegetation and trees. It is thought that this coating of
magnesium chloride on vegetation interrupts photosynthesis and causes trees and grasses
to turn brown. This browning of vegetation is evidenced within fifteen to 20 feet of the
roadway where magnesium chloride is used. The CDOT study on vegetative damage,
likely to be completed in 2004, will be more conclusive on this hypothesis. It is unknown
how extensive the damage has been to vegetation over the many years of sand and salt
use. The sand buildup around tree roots is thought to impact the ability of the plant to
receive water and nutrients.
Environment Canada released the results of a five year study on the toxicity of road salts
to vegetation. They concluded that road salts including sodium chloride, calcium
chloride, magnesium chloride and ferrocyanide salts are indeed toxic to the environment.
Environment Canada estimated that 5 million tons or road salts are used in Canada each
year. Their estimate of vegetative damage from this use involves vegetation within fifty
feet of the roadway where road salts are used.
Aquatic Life - Effects:
The CDOT study on the effects of magnesium chloride relies heavily upon dilution. It is
estimated that typical dilution off of the roadway is 1 part of magnesium chloride per 500
parts water. The studies of aquatic toxicity are based on this dilution factor and the
prescribed methods of application. If magnesium chloride is applied at a greater rate than
prescribed, it is unknown what effects would be experienced by aquatic life. Controlled
toxicology experiments were conducted with boreal toads, juvenile rainbow trout and
selenastrum (an algae) to determine at what concentrations certain health effects,
including death were noted. Upon analysis of magnesium chloride runoff, greater than
expected concentrations of lead, zinc, cadmium and phosphorus were noted. These
chemicals exceeded the desired dilution threshold of 1:500.
Toxicity tests:
Boreal Toad tadpoles showed no mortality over 96 hour intervals at magnesium chloride
concentrations of 0.1%. This concentration is reported to be the expected median
concentration of magnesium chloride runoff as it exits the roadway. At a concentration
of 0.32%, 50 percent of the boreal tadpoles died within 96 hours. This is referred to as
the LD50 (Lethal Dose of 50%) for magnesium chloride for Boreal Toad tadpoles.
Juvenile Rainbow Trout showed no mortality at 96 hour concentrations at 0.5%. The
estimated LD50 for rainbow trout minnows was 1.4% magnesium chloride.
The growth of Selenastrum algae was suppressed at magnesium chloride concentrations
of 0.1%. Other physiological stress occurred at concentrations of approximately 1%.
Studies were performed for the increase of magnesium and chloride in waters from deicer
application. Magnesium levels increase about 3 times above background at six field
sites, yet they are within the natural range of magnesium in Colorado waters. Chloride
background concentrations are typically between 0 - 2 milligrams per liter (mg/L). The
use of magnesium chloride and road salt increased the concentrations in streams to 50 -
100 mg/L. This is thought to be well below concentrations that are potentially harmful to
the most sensitive forms of aquatic life. Concentrations of more toxic metals such as
cadmium, copper and zinc were virtually undetectable with the exception of streams
receiving historical mine drainage.
Biotoxicity tests show that the most sensitive organisms show observable effects at
magnesium chloride concentration at or above 0.1 %. It is estimated, based upon
dilution, that magnesium chloride concentrations average about 0.2% when leaving the
roadway. It is also estimated by CDOT that concentrations about 20 yards from the
roadway reach about 0.1% magnesium chloride.
It should be noted that streams may be within 20 yards of a roadway and storm drains at
the roadside may empty directly into streams. The contribution of storm drain discharge
was not considered in the CDOT study on the effects of magnesium chloride to aquatic
life.
A study of chloride levels from deicer application was conducted in Peshatin Creek,
located on the eastern slope of the Cascade Mountains in Washington. A product called
CMAK, calcium magnesium acetate, was mixed with road salt and sand on State Route
97 adjacent to Peshatin Creek. There was no negative impact to invertebrates at four
locations along the Creek. The study found that the use of CMAK in association with
sand and road salt is an effective strategy that protects the environment and provides after
winter time travel. However, the use of sand can load the stream excessively in lower
flow sections of the stream, causing streambed sediment problems. It was thought that
sand application should be limited to a traction material with a lower specific gravity in
low flow sections of the stream. CNL4,K is a product that has been used effectively in
Aspen and Snowmass Village. Aspen has had a concern about magnesium chloride use
since its storm sewers empty into the Roaring Fork River... This is one of the arguments
Aspen has used to ban magnesium chloride use.
Corrosion of Metal:
There is much concern about the corrosiveness of magnesium chloride upon metals,
especially in the trucking and transit industries. The residual magnesium chloride plays
havoc with electronics and causes lugs to seize up on wheels. The CDOT specifies that
magnesium chloride formulas be less than 70 % as corrosive as sodium chloride to mild
steel. A study performed by Dr. Yunping Xi of the University of Colorado utilized four
metal alloys subjected to two test methods for corrosiveness. The Society for
Automotive Engineers (SAE) J2334 and the American Society for Testing of Materials
B 117 were the two test methods selected comparing magnesium chloride with sodium
chloride. In the SAE test method, magnesium chloride was found to be much more
corrosive to all the metal alloys than sodium chloride. This was due to six of every 24
hours during an 80 day period where the humidity was at 100 % with a temperature
above 100 degrees Fahrenheit.
Since magnesium chloride is hydrophilic and viscous, it remains on the metal in humid
conditions. Sodium chloride is not viscous and does not remain in contact with the metal.
The ASTM B 117 application involved a spray corrosion test for 800 hours. This
application indicated that sodium chloride was far more corrosive than magnesium
chloride. The Colorado Department of Transportation entered a second phase of the
study utilizing a testing method from NACE; National Association of Corrosion
Engineers. The NACE test, performed over 72 hours indicated that sodium chloride was
more corrosive than magnesium chloride. This was also confirmed over a 128 day test by
NACE methods.
Even though sodium chloride is more corrosive than magnesium chloride, the chemical
properties of magnesium chloride make it more damaging. This is due to the viscosity or
"stickiness" of magnesium chloride. Once it is applied, it generally stays on the metal
unless washed off. Sodium chloride, with its low viscosity, either drains off or
precipitates. Sodium chloride does not "reactivate" after precipitation into crystals.
Magnesium chloride reactivates every time it is exposed to moisture due it being
hydrophilic. So, each time the humidity rises, such as during the evening hours, it
reactivates and has a corrosive effect. This is why it is critical to thoroughly wash
vulnerable metals and electrical systems after a coating of magnesium chloride. It also
does a wonderful job sticking to windshields, making it difficult to see. Due to the highly
corrosive nature of magnesium chloride, CDOT is examining changes in the application
procedure. This would involve timing the anti-icing closer to the start of the storm to
prevent a snow and ice bond with the roadway and to more thoroughly dilute the
magnesium chloride so not as much residual remains on vehicles. CDOT is also looking
at reductions in deicing to reduce residue on roadway after the storm. As far as anti-icing
before a storm event, more is not better in the application of magnesium chloride.
The American Trucking Association and DOT performed a study of the corrosive effects
of magnesium chloride with corrosion inhibitors added, yet the study was not published.
Initial findings suggested that magnesium chloride with the corrosion inhibitors was even
more corrosive than the pure magnesium chloride. The mechanism for this increased
corrosiveness is not known.
Public Health - Effects:
There is generally much less concern about the public health exposure to magnesium
chloride then the concerns mentioned above. An argument could be made regarding the
number of lives saved on the highways due to anti-icing and deicing technologies. Some
truckers feel that magnesium chloride creates black ice, given the sheen on the highway
after it is applied. This sheen is due to the reactivation of the magnesium chloride when
humidity levels rise in the evening hours. The sheen is not black ice.
The environmental concern, when expressed is commonly due to potential airborne
exposure to heavy metals. Magnesium chloride used in Colorado is typically mined from
the Great Salt Lake or the Bonneville Salt Flats. Since it is a mined product, its
chemistry varies with the source. The Colorado Department of Transportation has
current specifications for heavy metals in the magnesium chloride solution. These
specifications are attached. This list of chemicals includes toxins to the central nervous
system, reproductive toxins, carcinogens, lung toxins, and radioactive elements. CDOT
argues that these metals are well below a level of concern to either human health or the
health of aquatic organisms. However, misapplication of magnesium chloride, the
constituents in a particular shipment of the chemical, and the proximity and duration of
exposure to metals within the product could pose a health concern.
The Colorado Department of Public Health and Environment conducted a study of
airborne metals in association with magnesium chloride and sand/salt application. Five
samples were taken in each of the following cities and towns: Denver, Aspen and Pagosa
Springs. From the very limited sampling in January, February and March of 2000,
findings suggested that heavy metal concentrations exceeded what is permitted for
prevention of cancer. A cancer "risk" is assumed when exposure to a known carcinogen
is at or above a concentration posing a greater than 1 in 1 million increased cancer risk.
Such concentrations were found during the sampling in the three municipalities.
During the study, there was no analysis of the factors contributing to metal exposures.
The metals could have originated from vehicles, from splashing of magnesium chloride,
or lofting of dried magnesium or sodium chloride residuals. The CDPHE study did not
suggest the need for more thorough follow-up sampling to characterize the exposures.
Some of the results that were found to exceed the 1 in 1 million increased cancer risks
were collected on samples taken on rooftops three stories above the street. It is unknown
what the airborne exposure would be about five feet above the street where people would
be walking. Largely due to the unknown public health exposure risks, Aspen decided to
ban the use of magnesium chloride. Magnesium chloride is also used for dust
suppression on dirt roads. No sample data exists related to exposure to heavy metals
from application on dirt roads or the grading of such roads. It may be a good strategy to
use anti-icing and de-icing materials with lower metal toxicities in area with much
pedestrian traffic. Magnesium chloride could then be used in more rural settings without
foot traffic.
In the defense of magnesium chloride, its use in urban settings has significantly reduced
particulate in the air during the winter months. The extensive use of sand and salt was a
major contributor to the brown cloud. The City of Denver utilizes magnesium chloride in
approximately a five mile radius of downtown. Formerly to magnesium chloride use,
tires would grind and loft sand and gravel which would remain airborne for days. The
State Department of Public Health performs sampling for particulate matter that is under
10 microns in diameter (PM10). Recently Denver has been dropped from the list as a
polluted city. This could be from a combination of mild winters, magnesium chloride use
rather than sand, and its vehicle emissions program. Prior to the extensive use of
magnesium chloride, even smaller municipalities would occasionally exceed the PM10
standard with the use of sand and scoria (volcanic rock). Those prone to respiratory
disorders such as asthma can be significantly affected by inhaling fine particulates.
The use of sand and scoria also involves extensive cleanup be streetsweepers, loaders and
dump trucks. The material is lofted again and again by streetsweepers and if not cleaned
periodically, creates a loss of traction hazard, especially at intersections. Sand and scoria
accumulation is significant along mountain roadsides, affecting vegetation. The use of
magnesium chloride and other deicing technologies has lessened the time needed for
plowing and cleanup as well.
Summary
The pros and cons of using magnesium chloride are still being debated. CIRSA will be
keeping current on the various studies conducted on magnesium chloride and its effects.
We will be reporting on any new developments as they arise.
CDOT's Current Specifications for Trace Metals
in Magnesium Chloride Shipments
1. Total Phosphorus 25,000 mg/L
2. Cyanide 0.125 mg/L
3. Arsenic 5.000 mg/L
4. Copper 0.200 mg/L
5. Lead 1.000 mg/L
6. Mercury 0.050 mg/L
7. Chromium 0.100 mg/L
8. Cadmium 0.150 mg/L
9. Barium 10.000 mg/L
10. Selenium 0.300 mg/L
11. Zinc 10.000 mg/L
12. Ammonia 5.000 mg/L
13. Molybdenum 15.000 mg/L
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Table 12. Health Effects of Selected Deicers 1.
Common name Mammalian Toxicity Potential Minor Potential Serious Carcinogen
Health Effects Health Effects
Chloride
Deicers
Magnesium LD50 (acute oral) 8100 Skin, eye, respiratory, No No
Chloride mg/kg. GI tract irritation
Sodium Chloride LD50 (oral-rats) 3750 Skin, eye, respiratory, Hypertension No
mg/kj; subchronic (oral- GI tract irritation
rats 2690 mg/kg/day.'
Calcium Chloride LD50(skin) >5000 ppm; Skin, eye, respiratory, No No
LD50 (oral-rats) 4000 GI tract irritation
mg/kg2
Acetate Deicers
CMA LD50 >5000 mg/kg Eye, skin, respiratory No No
(skin-rabbit)4; LC50 (4-hr and GI tract irritation
inhalation-rats) >4.6
mg/t5; LD50-5000 mg/kg
(oral-rats).2
CMAK LD50 >5000 mg/kg Eye, skin, GI tract No No
(expect ed) irritation
NAAC LD50 (oral rat) 3530 Eye, skin, respiratory No No
mg/kg5; LD50 (SCU- and GI tract irritation
mouse) 8000 mg/kg5;
LD50 (IV-mouse 335
mg/kg 5
Potassium LD50 >5000 mg/kg Eye, skin, respiratory No No
Acetate (rabbits); acute oral-rats and GI tract irritation
3250 mg/kg.2
Sand NA Eye, respiratory tract Silicosis Yes
irritation
Corrosion
Inhibitors
Caliber NA No No No
Ice Ban NA No No No
Triethanol-amine LD50 (oral-rat) 8000 Skin, eye, digestive tract No No
mg/kg; skin rabbit 560 irritation
mg/kg (24hr); Eye rabbit
5.62 mg/kg.
Shield LS NA No No No
' - Based in information in MSDS and other sources
2 - From Cheng and Guthrie (1998)
3 - From Chang et al (1994)
4 - From McFarland and O'Reilly (1992)
5 - From Cryotech Product Information Sheets
6 - From Paradigm Chemicals LLC (Envirotech)
NA = Data not available; > = Greater than; < = Less than.
Note: Higher LD50 means lower toxic effects.
64
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Table 15. Effects of Metals on Human Healthl.
Metal Target Organs Carcinogen EPA Limit in OSHA Exposure
Drinking Limit (8-hr day/40-
Water ( m) hr week)
Arsenic Lung, skin, liver, Yes (lung, 0.05 0.010 mg/m
kidneys, lymphatic lymphatic
system cancer)
Barium Liver, kidneys, No 2.0 0.5 mg/m
heart, spleen,
stomach
Cadmium Kidneys, lungs, Yes (lung, 0.005 0.200 mg/
prostate, blood prostate)
Copper Eyes, kidneys, liver, No. 1.3 0.1 mg/
respiratory system;
increased risk with
Wilson's disease.
Chromium Eyes, skin, No - 1 mg/
(metal) respiratory system
Chromium Kidneys, liver Yes 0.1 0.52mg/m
VI
Cyanide Brain, heart, blood, No 0.2 5 mg/
thyroid
Lead Eyes, GI tract, CNS, Insufficient 0.015 0.0015 mg/m
kidneys, blood, evidence for averaged over 3 mo
gums. humans (EPA)
Mercury Eyes, skin, nervous Possible 0.002 0.05 mg/m (metallic
s stem, kidneys. carcinogen mercury v2?or)
Selenium Spleen, eyes, skin, Selenium sulfide 0.05 0.2 mg/rd
respiratory system, is possible
liver, kidneys, blood. carcinogen
Zinc Eyes, skin, No 5 1 mg/m (zinc
respiratory system. chloride
' - ATSDR "Toxicological Fact Sheets ('1'ox a'AQs'M); MUSH Pocket Guide to Uftemical Hazards (1994).
2 - OSHA = Occupational Safety and Health Administration
The Colorado Department of Public Health and Environment (CDPHE 2000) recently conducted
a quantitative risk assessment using standard EPA methodology (EPA 1989) to determine the
potential health risks from air exposure to the heavy metals found in the deicers. Although the
deicing chemicals become airborne through the movement of vehicles on the roads, the levels of
metals in the air had not previously been studied. Estimates of exposure were based on data
obtained from air monitoring filters placed on building roofs at various locations in Aspen,
Denver, and Pagosa Springs. When the risk assessment assumed that human exposure was 24
69
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Table 21. Eutectic Temneratures of Selecteri Doicerc_
Deicer Concentration Eutectic Reference
Temperature (°F)
CaliberTM M1000 27% magnesium chloride -85 Product Specification
Sheet
CMA® (anhydrous) 32.6% calcium magnesium -18 K. Johnson, Cryotech,
acetate personal communication
CMA259 (25% aqueous 1001/o calcium magnesium +1 K. Johnson, Cryotech,
solution) acetate personal communication
CMAKTM (50:50 blend of 100% CMAK -25 K. Johnson, Cryotech,
CMA25 and CF7) personal communication
FreezGard-Zero® with 22% magnesium chloride -27 Envirotech Product
Shield LSO Information Sheet
Ice Ban M50TM 30% magnesium chloride + Ice -78 M. Duran, Envirotech,
Ban (ratio 1:1) personal communication
Ice Slicer® 92-98% sodium chloride -6 G. Liest, Envirotech, pers.
communication
Ice-StopTMCI 21.6% magnesium chloride -28 Product Specification
Sheet
Liquidow* Armor* 30% calcium chloride -59 Product Information Sheet
NAACO (anhydrous) 27% sodium acetate -7 K. Johnson, Cryotech pers.
communication
Potassium Acetate 100% potassium acetate -76 K. Johnson, Cryotech,
(CF76) (50% aqueous personal communication
solution)
Sodium Chloride 23% sodium chloride -6 Dow Chemical Product
Information Doctunent'
- "U W LdlCllucal -Umpany - lvlanual 01 vooa rracuce ror snow ana Ice Uontrol with Dow Calcium Chloride
Products (no date).
8.3.2. Effective Temperature
Another term that is used to describe the efficiency of a deicer at melting snow and ice is its
effective temperature. The effective temperature is an empirical value that attempts to describe
the lowest temperature for practical use, considering ice melting, an& icing ability, type of
precipitation and application rates (K. Johnson, Cryotech, personal communication). The
effective temperatures of selected deicers are provided in Table 22.
Chang et al (1994) compared the effectiveness of calcium chloride to sodium diloride. The
authors reported that calcium chloride worked more than twice as fast as sodium chloride in
melting ice, and was more effective in ice penetration tests than sodium chloride. Cheng and
Guthrie (1998) reported that calcium chloride tends to adhere to road surfaces better, dissolve
more rapidly, and melt ice at lower ambient temperatures.
85
Table 22. Effective Temperatures of Selected Deicers.
Chemical Brand Name Effective Reference
Temperature (°F)
30% Magnesium Chloride CaliberTM M1000 -100F G. Leist, Envirotech, pers.
+ 10% carbohydrates Communication
30% Magnesium Chloride FreezGard® with +50F G. Leist, Envirotech, pers.
Shield LS Communication
Magnesium Chloride Ice Sto TMCI +5° F Product Specification Sheet
Sodium Chloride Ice Slicer® 0 to +5°F Product Specification Sheet
Sodium Chloride Rock Salt +15°F Chang et al 1994
Calcium Chloride Liquidow* Armor* -250F Dow Chemical Product
Information Document'
Calcium Magnesium CMA® +20°F K. Johnson, Cryotech, pers.
Acetate communication
CMA25 CMA250 +20°F K Johnson, Cryotech, pers.
communication
CMA + Potassium CMAKTM 0°F K Johnson, Cryotech, pers.
Acetate communication
Potassium Acetate CF70 -15°F K Johnson, Cryotech, pers.
communication
Sodium Acetate NAAC® +5°F K. Johnson, Cryotech, pers.
cominmlicaui011
1 - flow unemlcal Uompany manual of Hood Yractlce Tor Snow and Ice control with Dow Calcium Chloride
Products (no date).
NA - Not available
The deicer CMA was also evaluated by Chang et al (1994). They reported that CMA did not
produce any significant melt volumes at temperatures below 15°F and had poor ice penetration.
In order to obtain dry pavement conditions, approximately 2.6 times as much CMA was required
as sodium chloride (Chang et al 1994). According to K. Johnson (Cryotech, personal
communication), acetate deicers interfere with the ability of snow particles to stick together or to
the pavement surface, making mechanical removal easier.
The effectiveness of Ice Ban was compared to that of magnesium chloride deicers. Ice Ban was
reported to melt snow and ice faster and at lower temperatures than magnesium chloride
solutions. It also provided a more consistent, longer lasting residual effect (i.e., ability to
reactivate between storms) than magnesium chloride (HITEC/CERF 1999).
86
Table 23. Range of Costs of Selected Deicers and Sand'.
Chemical Deicer Name Costs
Calcium Chloride + Corrosion Inhibitor
(liquid) Liquidow* Armor* $0.50/gal =
$91/ton
Magnesium Chloride + Caliber (liquid) Calibefm M1000 $0.55/ga1=
$100/ton
Magnesium Chloride + Corrosion Inhibitor
(liquid) Ice-StopTMCI $0.25/gal =
$46/ton)
Magnesium Choride + Corrosion Inhibitor
(liquid) Freezgarcl-Zero® w/ Shield LSO $0.34/gal =
$62/ton
Magnesium Chloride + Ice Ban (liquid) Ice Ban M50TM $0.78/ga1=
$142/ton
Road Salt (solid) Sodium Chloride $30/ton
Sodium Chloride (solid) Ice Slicer® $58/ton
Calcium Magnesium Acetate (solid) CMA® $1000/ton
CMA + Potassium Acetate (liquid) CMAKTM $1000/ton
Sodium Acetate (solid) NAAC® $1000/ton
Potassium Acetate (liquid) CF70 $3.30/gal =
$601/ton
Silicon dioxide, etc. Sand $6-16/ton
- rersonai communication from CaOT maintenance supervisors, manufacturers, and distributors.
The use of deicers for snow and ice control also have social and economic costs associated with
them. The costs associated with using chloride-based deicers include damage to utilities,
corrosion of vehicles and highway bridges, damage to vegetation and water supplies, and the cost
of deicer purchase and application. Other potential costs include increased salinity of rivers from
use of chloride-based deicers, effects on aquatic life, corrosion, potential increased incidence of
88
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Table 25. CDOT Maintenance Costs and Other Information Related to Snow and
Ice Controls.
Data FY1995 FY1998 FY1999 FY2000
MPA Totals $26,200,000 $29,400,000 $25,100,000 $27,500,000
Increase in Cost Over FY 95 - 12.0% -4.3% 5.0%
Increase in Cost Over
Previous Year - -9.2% -14.5% 9.7%
Snow Plow/Sanding/Deicing
Total COFRS3 Loaded Costs $22,500,000 $26,200,000 $22,700,000 $24,100,000
No. Miles Plowed 5,800,000 5,900,000 4,700,000 4,400,000
Labor Days 49,600 51,000 42,100 40,700
MMS Costs/ low mi. $3.86 $4.48 $4.81 $5.48
Sand/Salt Used tons 452,500 537,000 395,000 366,800
Liquid Deicer Used (al) 715,500 4,900,000 3,700,000 6,000,000
- r_ rout (Luul). maintenance snow & ice uosts, Jtarr Brancnes update. Fresentation
to the Transportation Commission.
2 - MPA = Maintenance Program Area
3 - COFRS = Colorado Financial Reporting System
4 - MMS = Maintenance Management System
cancer from the presence of metals from deicers in the air (L. Cassin, Aspen Environmental
Health Department). In 1991 the U.S. Congressional Office of Technology Assessment reported
that 23% of the 575,000 bridges in the United States were deficient because of deteriorated
structural components. D'Itri (1992) reported that it would cost more than $67 billion to repair
or replace the deficient bridges in the federal highway system alone.
The social and economic costs of the acetate-based deicers include potential oxygen depletion in
the aquatic environment resulting in potential reduction in fishing opportunities due to the
decreased number of fish in lakes or streams affected by eutrophication. The acetate deicers are
also substantially more expensive than the chloride-based deicers, which has prevented some
cities and towns from using them. Since the acetate deicers have only been used in the last
several years, there may be other potential costs that are, as yet, unknown.
When sand is used, equipment and labor for sand removal must be considered (McCrum 1992).
The air quality and water quality impacts of sand use also result in substantial social and
economic costs.
91
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Memo
To: Lang Brooks, Town Manager
From: Jacquie Halbumt, Director o uman Resources and Public Info
Date: February 5, 2003
Re: Annual Council BBQ
For 5 years running, the Council has hosted an annual free BBQ for the residents of Avon.
The idea behind it was for Council to stay involved in the community by having an
opportunity to visit with our friends and neighbors and give them an opportunity to talk to
Council members on an informal basis.
Question #1- Is the Council satisfied with the BBQ and wish to continue as-is?
This year is special, as it marks Avon's 25"' year of incorporation on August 8. Stacy and I
met with Meryl and Julie in Recreation to discuss some ideas for this year's activities.
Question #2 - Should we incorporate the 25" Anniversary celebration into the BBQ?
Some ideas include:
1. Hold the free BBQ on Friday, August 8. Incorporate additional activities to
commemorate the anniversary such as, games, historical view of Avon through
pictures in the cabin, hand out commemorative coins, and have 25 cakes with different
historical events. The event would take place from 11:30 a.m. -1:30 p.m.
2. Change the date to Saturday, August 9. Have a catered BBQ and people pay a small
fee to eat. Hold a fun run around the park along with games, pictures, coins and cakes.
This scenario would be a longer day and would require a budget amendment.
3. Hold the BBQ and the anniversary celebration as separate events, which would require
a budget amendment.
We are looking for direction as to whether we should keep the BBQ status quo with a few
extra events to commemorate our 25' anniversary. Or, if Council would like us make more of
a production out of the event.
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING AGENDA
FEBRUARY 11, 2003 - 5:30 PM
1. Call to Order/ Roll Call
2. Citizen Input
3. Ordinances
Public Hearing - Second Reading
a. Ordinance No. 03-03, Series of 2003, An Ordinance repealing and reenacting
Section 12.04.110, repealing Section 12.04.130, repealing Section 12.04.220 and
repealing and reenacting Section 12.04.280 of Title 12 of the Avon Municipal Code
(Streets, Sidewalks and Public Places) (Norm Wood)
First Reading
a. Ordinance No. 03-04, Series of 2003, An Ordinance Authorizing Execution of a
Certain Governmental Lease-Purchase Master Agreement. (Scott Wright)
4. Resolutions
a. Resolution No. 03-09, Series of 2003, A Resolution Approving the Second Amended
Condominium Map of Avon Commercial Center, Level 2, A Resubdivision of Units
224 and 230, Avon Center at Beaver Creek, Town of Avon, Eagle County, Colorado.
(Norm Wood)
b. Resolution No. 03-10, Series Of 2003, A Resolution Declaring The Lower Buck
Creek Drainage Improvements To Be In Pursuance Of A Public Purpose, And
Authorizing All Steps Necessary And Proper For Acquisition Of All Interests, Rights
Of Way, And/Or Easements Needed To Construct Such Improvements.
(Norm Wood)
5. New Business
6. Other Business
7. Unfinished Business
8. Town Manager Report
9. Town Attorney Report
10. Mayor Report
11. Consent Agenda
a. Approval of the January 28, 2003 Regular Council Meeting Minutes
b. American Crown Circus, Inc. Agreement (Meryl Jacobs)
c. Valuation Consultants Appraisal Service Proposal, Buck Creek Drainage
(Norm Wood)
12. Adjournment
Avon Council Meeting.2.11.03
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer t
Anne Martens, Assistant Town Engineer
Date: February 1, 2003
Re: Ordinance No. 03-03 (Public Ways Review Fees) - Second Reading
Public Hearing
Summary: Attached Ordinance No. 03-03, Series of 2003, repeals and reenacts
Section 12.04.110, repeals Section 12.04.130, repeals Section 12.04.220 and repeals and
reenacts Section 12.04.280 of the Avon Municipal Code. This action includes revising the
Public Ways Permit Review and Inspection Fee Schedule to more accurately reflect the actual
costs associated with the review and inspection of the various type permits. This action also
includes revising the acceptable security and duration of surety to be submitted to the Town to
guarantee faithful performance of the work permitted.
The Public Ways permit review costs have been estimated in accordance with the attached
Personnel Hourly Rate Calculations and Proposed Public Ways Review Fees. The Personnel
Hourly Rate Calculations are the same as presented with the Subdivision Review Fees. The
attached Proposed Public Ways Review Fee calculations include a comparison with our
current fees as well as Eagle County, Town of Vail and Town of Gypsum Public Ways review
fees. We also compared projected revenues with the proposed fee schedule and the current fee
schedule. Total review fees collected in 2001 would have increased from $2210 to $4450 and
in 2002 would have increased from $3188 to $5695 with the proposed fee schedule per
attached Right-of Way Permit Fee Comparison. This increase is in-line with projected
revenues in the 2003 Budget that anticipated a revised fee schedule being adopted. The
permits issued in 2002 included several large permits that required multiple inspections. The
revisions to Section 12.04.110 allows for the town to collect on the extra inspections when
necessary.
The current Public Ways Review and Inspection Fee Schedule was adopted nearly twenty
years ago and we recommend approval of Ordinance No. 03-03, Series of 2003, An Ordinance
Repealing and Reenacting Section 12.04.110, Repealing Section 12.04.130, Repealing Section
CADocuments and Settings\nwood\Local Settings\Temporary Intemet Files\OLK2\0rd 03-03 Memo2.doc
12.04.220 and Repealing and Reenacting Section 12.04.280 of Title 12 of the Avon Municipal
Code to establish Permit Review and Inspection Fees that more accurately reflect the actual
cost of the Right-of-Way review process along with revisions to the required Security type and
duration acceptable to ensure compliance.
Previous Council Action: Ordinance No. 03-03, Series of 2003 was approved
on First Reading at the January 28, 2003 council meeting.
Financial Implications: Proposed Public Ways Review and Inspection Fee
Schedule will increase revenues to more closely match Public Ways review and inspection
expenses. Public Ways Review and Inspection Fees were increased approximately $3,150 in
the 2003 Budget in anticipation that a revised fee schedule would be adopted.
Recommendation: Approve Ordinance No. 03-03, Series of 2003, An
Ordinance Repealing and Reenacting Section 12.04.110, Repealing Section 12.04.130,
Repealing Section 12.04.220 and Repealing and Reenacting Section 12.04.280 of Title 12 of
the Avon Municipal Code (Streets, Sidewalks, and Public Places).
Proposed Motion: I move to approve Ordinance No. 03-03, Series of 2003, An
Ordinance Repealing and Reenacting Section 12.04.110, Repealing Section 12.04.130,
Repealing Section 12.04.220 and Repealing and Reenacting Section 12.04.280 of Title 12 of
the Avon Municipal Code (Streets, Sidewalks, and Public Places) on Second Reading.
Town Manager Comments:
6-
Memo*
Ta Honorable Mayor and Town Council
Three Larry Brooks, Town Manager
Fnorm Scott Wright, Finance Director
Date. February 6, 2003
Rae Ordinance 03-04, Governmental Lease-Purchase Master Agreement
Summary:
This ordinance adopts a Lease-Purchase Master Agreement with Wells Fargo Brokerage ServioK
LLC, for the purchase of equipment previously appropriated within the 2003 budget; for the reftwx* p
of previously lease-purchased equipment; and to transfer certain lease-purchase obligations to the
Eagle River Fire Protection District (ERFPD..
• Previous Council ActiorC
Council has previously approved similar Lease-Purchase Master Agreements in 1998, 1999, and 2000.
Two of the supplements to the 2003 Agreement are for the refinancing of remaining amounts due
under the 1998 and 1999 Agreements.
Discussioet
Supplement 0900-005. This supplement refinances over the remaining term of 8 quarterly payments
the obligations outstanding on 5 pieces of equipment that were lease-purchased in 1998. The
refinancing lowers the interest rate from 5284° to 2.95% for a total savings of $3,042.24.
Supplement 0900-006 This supplement refinances over the remaining term of 3 annual pats to
obligations outstanding on 3 vehicles that were lease-purchased in 1999 and 2000. The refmandrp
lowers the interest rates from 625% for 2000 and 4.95% for 1999 to 2.95% for a total savings of
$4,69210.
Supplement 0900-007. This supplement is for the purchase of 3 pieces of equipment (street sweeper,
snow plow, and bobcat) previously approved In the 2003 budget. These 3 pieces are necessary for
street and road maintenance at the Village of Avon, and approximately 22.69% of the annual, debt
service payment will be reimbursed by the Village.
Page 1
TOWN OF AVON, COLORADO
ORDINANCE NO. 03-04
SERIES OF 2003
AN ORDINANCE AUTHORIZING EXECUTION OF A CERTAIN
GOVERNMENTAL LEASE-PURCHASE MASTER AGREEMENT.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. The Governmental Lease-Purchase Agreement between the Town
of Avon and Wells Fargo Brokerage Services, LLC, together with Supplements #0900-
005, 0900-006, and 0900-007, copies of which are attached hereto and incorporated
herein, and the terms of the Agreement and the Supplements and Exhibits, are hereby
approved.
Section 2. The Mayor and the Town Clerk are authorized and directed to take
all action and to execute the Agreement and all necessary documents related to the
Agreement and each Supplement.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the I Ph day of February, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council the 25 h day of February, 2003,
at 5:30 p.m. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road,
Avon, Colorado.
Mayor
ATTEST:
K,A% OF
69 E A
To Cle
A4?
Lon
INTRODUCED, APPROVED, PASSED ON SECOND READING AND ORDERED
POSTED THE 28TH DAY OF FEBRUARY.
Mayor
ATTEST:
Town Clerk
Approved as to form:
Town Attorney
STATE OF COLORADO )
COUNTY OF EAGLE) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 28TH DAY OF FEBRUARY 2003, AT THE
TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF THE FOLLOWING ORDINANCES:
Ordinance No. 03-04, Series of 2003, An Ordinance Authorizing Execution of a Certain
Governmental Lease-Purchase Master Agreement
A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: P->AC_I
Patty McKen
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
FEBRUARY 15, 2003
AVON MUNICIPAL BUILDING, MAIN LOBBY
ALPINE BANK, MAIN LOBBY
AVON RECREATION CENTER, MAIN LOBBY
CITY MARKET, MAIN LOBBY
., .
GOVERNMENTAL LEASE - PURCHASE
MASTER AGREEMENT
Name and Address of Lessee Lessor:
Town otAvoti Wells Fargo Brokerage Services, ILC.
400 Benchmark Road Public Finance Department
Avon, Colorado 8162 1740 Broadway, MAC 01300-011
Denver, Colorado 80274
1. LEASE. Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to. lease from Lessor, the personal properW desmW is
a Supplement or Supplements to this Master Lease from time to time signed by Lessor and Lessee upon the terms and conditions tier ': .
forth in the related Supplement (such Property together with all replacements, repairs and additions incorporated there3a at affiiraed
thereto being referred to herein as."EgWpment" )- The lease of the items described in a particular Supplement sban be considered a
separate lease pursuant to the terms of the Master Lease and the Supplement the same as N a single lease agreement containing such
terms bad been executed covering such items.. The execution by Lessee of each Supplement shall evidenc¢ a determination by tiro
Lessee that the Equipment covered thereby is essential to its proper, efficient and economic operation and desires to enter into that
.Supplement for the acquisition of that Equipment under the terms hereof; that the Equipment is necessary for the =Uccd
functions of Lessee, and that Lessor is neither the manufachmer nor a dealer or merchant of said Equipment; but provide the funding far and on behalf oTLfor the acquisition of said Equipment under the terms bereaf at the specLassen
I DELIVERY AMID ACCEPTANCE. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessee a
Delivery and Acceptance CaMsate (herein so called) in the form to be provided by Lesaoe.
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 sbae
eontinue'from the rent commencement date shown in the related Supplement unless earlier terminated as provided herd. The neat
commencement date is the Acceptance Date as recorded on the Acceptance QertificsOL
4. RENT. Lessee Shan pay as basic rent for the full term of this Lease the amount shown in the related Supplement U. Total Rat.
and a portion of each rent payment is paid as, and represents the payment of interest, and Exhibit "A" attached to the rclmd • . .
Supplement sets forth the interest component of each rent payment during the team. The Total Rent shall be payable in instaUmeals
each in the. amount of the basic rental payment set forth in the related Supplement- pho any applicable sales and use tax thereon.
Lessee shall pay rent in installments as shown in the Related SupplemcnL Except as specifcany provided in Sec doa S herecC the
rental payments will be absolute *and unconditional in an events and will not be subject to any sd-4 defer count r dais ere
recoupmeat for any reason whatsxM:
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 purr fbnds from wbich
the rent payments may be made. The chief exavtive officer of the unit- shall request the required appropriation from the Vvera ft
board and exhaust an available administrative reviews and appeals in the event such portion of the buds is not appOveL
S.-NON-APPROPRIATION OF FUNDS. MI essee periodically requests from its legislative body at funding au&a* limit to be
paid to Lessor under this Lease and, notwithstanding the malting in good faith of such request in accosdanw with appteprj?
Akocedures and with the exercise of reasonable care and diligence, such legislative body or funding authority does not approve funds
be paid to Lessor for the Equipment, Lessee may, upon prior written notice to Lessor effective 60 days after the giving of such
notice or upon the exhaustion of the funding authorized for the then current appropri ation period, whichever `is later, return the
Equipment to Lessor 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 Lessor in the same condition as when first delivered to Lessee, reasonable wear and tear resulting solely from
authorized use thereof excepted, (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 S, 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
S 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 of
provide, for the balance of the appropriation period following Lessee's exercise of its termination right hereunder.. This Section S
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 wARRANTTES 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
jWverning body (which resolution, if requested by Lessor, is attached hereto) to execute and deliver this Lease and each Supplement
and to carry out its obligations hereunder.
(c) All requirements have been met, and procedures have occurred in order to insure the enforceability of this Lease, and
Lessee has complied with such public bidding requirements, if any, as may be applicable to the transactions contemplated by this
Lease.
(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 I case.
(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
ned in Section 141 of the Internal Revenue Code of 1986, as amended) in an aggregate amount in excess of $10 million daring
96 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.
2
(j) This Lease is not and shall not become a "private activity bond" within the meaning of Section 141. of the Internal
Revenue 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
information 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 CONSEQUEgriAL
DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT. Lessee agrees to make mental and
other payments required hereunder without regard to the condition of the Equipment and to look only to persons other than Lessoe
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 rereoonnrtse to
Lessor, any warranty received by Lessor.
8. T ME. 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 beep 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 ,Les= 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, Less
hereby grants to Lessor a security interest constituting a first lien on the Equipment and on all additions, attachments, rereplacements and modifications thereto or therefor, including all after-acquired Equipment of Lessee, and on any proceeds
therefrom Lessee 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 oe
permit a lien arising through Lessee to exist on or against any interest in this Lease or the Equipment or remove the Equipment ft+om
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 have
against Lessor.
13. INSPECTION. Lessor may inspect the Equipment at any time and from time to time during regular business horns. •
3
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 ow m
All such parts when furnished shall immediately become the property of Lessor and part of the Equipment for all purposes hout
15. 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 Balanoe
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 Lessors 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 insurano
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 furnish 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
mply with the requirement thereof In the event that Lessee has been permitted to self-insure, Lessee will furnish Lessor with a
tatter or certificate to such effect.
17. RETURN OF THE EQUIPMENT. Upon the expiration or earlier termination of this Lease, unless all payments are made as
descnbed 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 Lessors interest hereunder in accordance with the Uniform Commercial
Cock or other applicable law. Lessee will furnish, from time to tune. 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 installmeott.
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 firtur+e 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.
?L REMEDIES. Lessor and Lessee agree that Lessors damages suffered by reason of an Event of Default are uncertain and not
capable of exact measurement at the time this Lease is executed because the value of the Equipment at the expiration of this Lease is
uncertain, and therefore they agree that for purposes of this Section 21 "Lessors Loss" as of any date shall be the sum of the
4
following: (1) the amount of all rent and other amounts payable by Lessee hereunder due but unpaid as of such date, plus (2) the
amount stated in the Supplement or an exhibit thereto as the Termination Balance, plus (3) an amount equal to the applicably
purchase price set forth in the Supplement.
Upon 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 assigned
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 extentnecessary.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 he 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 of
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 Supplen>eat.
25. NON-CANCELLABLE LEASE. This Lease cannot be canceled or terminated except as expressly provided herein. •
5
. k
. MISCELLANEOUS. OFSCELLANEOUS. INDENv Any OU provision Lessees obligations under Sections 10 and 11 shall survive termination of this Lease.
27 of this Lease which is unenforceable in any jurisdiction shall, as to jurisdiction, be
.
ineffective to the extent of such uncnforceability 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 construed in accordance with, the substantive laws of the state in which the Lessee is located.
Dated: March 28, 2003
Lessee: Town of Avon, Colorado
By:
Its:
Lessor: Wells Fargo Brokerage Services, LLC
By:
Its: Investment Banker
r
6
Wells Fargo Brokerage Services, LLC SUPPLEMENT TO MASTER LEASE
Public Finance Division
1740 Broadway, MAC C7300-011
Denver, CO 80274
Name and address of Lessee:
Town of Avon
400 Benchmark Road
Avon, Colorado 81620
Supplement # 0900-005
This is. a Supplement to the Governmental Lease-Purchase Master Agreement dated March 28, 2003 between Lessor and
Lessee (the "Master Lease") and Supplement dated March 28, 2003. 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 1HTSCAAN7XH654234 1999 International Lift Truck
1 1HTSDADR4XH637743 1999 Plow Truck
1 1GNDT13WXWK224749 1998 Chevrolet Blazer
1 1GBBK33FIWFO62189 1998 Chevrolet Crew Cab
1 15GCB2012W1088928 1999 illig Transit Bus
Location of Property if different from Lessee's address SCHEDU LE OF RENT PAYMENTS
Basic Rental Number Of Advance
Payments Payments Payments
Rent commencement date: March 28, 2003
$27,748.97 8 -0-
Term in months from rent commencement Interest Rate First Payment Final Purchase
Due Option Price
22 months
2.95% Aril 30, 2003 $1.00
Rental payment period (check one)
® Quarterly
JRN CE AMOUNT: $215,820.15
AL RENT: $221,991.76
Additional Provisions:
LESSOR:Wells Fargo Brokerage Services, LLC
By
Its Investment Banker
Date March 28, 2003
Town of Avon, Colorado
•
March 28.2003 .
LESSEE:
By
Its
Date
Issuer Town of Avon
Equipment Refinance 001.
nded $215,820.15
umber of Payments 8
Payments Per Year 4
Interest Rate 2.950%.
Commencement 3/28/2003
Closing Date 3/28/2003
Average Life 97 years
Exhibit A
Pmt Total
Payment Due Interest.
Payment
Due Principal
Payment Due After Payment
Principal
Balance After Payment
Termination
Value Payment Due
Date Annual
Interest
Amounts
$0.00 $215,820.15 Mar 28, 2003 $0.00
1 $27,74897 $56593 $27,183.04 $188,637.11 $190,698.59 Apr 30, 2003 $0.00
2 $27,74897 $1,391.20 $26,357.77 $162,27934 $163,831.60 Ju130, 2003 $0.00
3 $27,74897 $1,196.81 $26,552.16 $135,727.18 $136,84035 Oct 30, 2003 $3,15394
4 $27,74897 $1,00099 $26,74798 $108,979.19 $109,724.27 Jan 30, 2004 $0.00
5 $27,74897 $803.72 $26,945.25 $82,03395 $82,482.77 Apr 30, 2004 $0.00
6 $27,74897 $605.00 $27,14397 $54,88998 $55,115.28 Ju130, 2004 $0.00
7 $27,74897 $404.81 $27,344.16 $27,545.82 $27,621.22 Oct 30, 2004 $2,814.52
8 $27,748.97 $203.15 $27,545.82 $0.00 $1.00 Jan 30; 2005 $203.15
FINAL PURCHASE OPTION PRICE: $1.00
Its:
Dated as of:
r.
Wells Fargo Brokerage Services
N
Wells Fargo Brokerage Services, LLC SUPPLEMENT TO MASTER LEASE
Public Finance Division
1740 Broadway, MAC C7360-011
Denver, CO 80274
Name and address of Lessee; Supplement # 0900-006
Town of Avon
400 Benchmark Road
Avon, Colorado 81620
This is a Supplement to the Governmental Lease-Purchase Master Agreement dated March 28, 2003 between Lessor and
Lessee (the "Master Lease") and Supplement dated March 28, 2003. 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 1GDJK34J4YF485248 2000 GMC Truck
1 1GTHK33J8YF491557 2000 GMC Truck
1 1FDEX40S7XHB57010 1999 Metro Trans Bus
Location of Property (if different from Lessee's address SCHEDU LE OF RENT PAYMENTS
Basic Rental Number Of Advance
Payments Payments Payments
Rent commencement date: March 28, 2003 2 @ $28,897.34
& 1 @ 3 -0-
$12,452.20
Term in months from rent commencement Interest Rate First Payment Final Purchase
Due Option Price
26 months
2.95% May 15, 2003 $1.00
Rental payment period (check one)
. rFOTAL RENT:
Additional Provisions:
•
LESSOR:Wells Fargo Brokerage Services, LLC LESSEE: Town of Avon, Colorado
By By
its Investment Banker Its
Date March 28.2003 Date March 28. 2003
•
AMOUNT:
Refisanee
•
Town of Avon E=hi
Costs Funded Payment Rate
$68,451.80 2.950% 3 Payments
1 per year
2.950% Rate Level Payment
$12,452.20
Fetr=.181912 Average Life
.89 years
10.7 month
Commencement: Mar 28, 2003 Closing Fed
Closing Date: Mar 28,20t:; $0.00
Total Payment
Interest
Principal After Payment.
Principal After Payment
Termination
Payment Doe
Pmt Doe Payment Due Payment Due
Balance
Value Date
$0.00 $0.00 $68051.80 Mar 28, 2003
1 $28,897.34 $263.63 $28,633.71 539,818.09 $40,350.70 May 15, 2003
2 $28,897.34 $1,174.63 $27,722.71 $12,095.39 $12,220.02 May 15, 2004
3 $12,452.20 $356.81 $12,095.39 $0.00 $1.00 May 15 2005
•
0
FINAL PURCHASE OPTION PRICE:1 $1.00
Dr.
Its;
Dated as of
Wells Fargo Brokerage Services, LLC SUPPLEMENT TO MASTER LEASE
Public Finance Division
1740 Broadway, MAC 07300-011 •
Denver, CO 80274
Name and address of Lessee:. Supplement # 0900-007
Town of Avon
400 Benchmark Road
Avon, Colorado 81620
This is a Supplement to the Governmental Lease-Purchase Master Agreement dated March 28, 2003 between Lessor
and Lessee (the "Master Lease") and Supplement dated March 28, 2003. 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
n„ant;ty Serial Number
1 Street Sweeper
1 Snow Plow
1 Bob Cat
Location of Property (if different from Lessee's address SCHEDULE OF RENT PAYMLN-1J
Basic Rental Number Of Advance
Payments Payments Payments
Rent commencement date: March 28, 2003
$56,794.15 7 -0-
Term in months from rent commencement Interest Rate First Payment Final Purchase
Due Option Price
84 months
4.15% arch 28, 2004. $1.00
Rental payment period (check one)
® Annual FINANCE AMOUNT: $339,000.00
AL RENT:
Additional Provisions:
LESSOR:Wells Fargo Brokerage Services, LLC LESSEE: Town of Avon, Colorado
By
its
investment Banker
By
Its
Date, March 28 2003 Date March 28 2003
•
•
•
Roa4Equ1
EInwix A
pmeng
Costs Funded Payment Rate _.,.... -
7 Payments - --
Level Payment
Average Life
$339,000.00 4.150% 1 per year $56,794.15 4.16 years
4.150% Rate Fetr-.167534 50.0 months
Commencement: Mar 28, 2003 Closing Fees
Closing Date: Mar 28 2003 $0.00
t
P
Af
Total Payment
Interest
Principal After Payment
Principal aymen
ter
Terminatiaa Payment Due .
Date
Pmt Due Payment Due Payment Due Balance Value
$0.00 $0.00 $339,000.00 Mar 28, 2003
1 $56,794.15 514,068.50 $42,725.65 $296,274.35 5301,639.10 Mar 28, 2004
Z $56,794.15 512,295.39 544,498.77 5251,775.58 $255,703.95 Mar 28, 2005
3 794.15
556 $10,448.69 $46,345.47 $205,430.12 $208,115.14 Mar 28, 2006
4 ,
$56,794.15 58,525.35 $48,268.80 $157,161.31 5158,813.14 Mar 28, 2007
5 $56,794.15 $6,522.19 $50,271.96 $106,889.36 $107,736.26 Mar 28, 2008
6 $56,794.15 $4,435.91 $52,358.24 554,531.11 $54,820.61 Mar 28, 2009
7 $56,794.15 $2,263.04 $54 31.11 . $0.00 S1.00 Mar 28 2010
C..U"M%Avoa New Money 7 yr.=b 1/31/200310:50 AM Pam Lang • Wells Fargo Brokerage SerAm
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Anne Martens, Assistant Town Engineer
Date: February 5, 2003
Re: Resolution No. 03 - 09, Second Amended Condominium Map of Avon Commercial
Center, Level 2, A Resubdivision of Units 224 and 230, Avon Center at Beaver Creek,
Town of Avon, Eagle County, Colorado (0030 West Beaver Creek Blvd.)
Summary: Avon Commercial Center, Ltd., owner's of Avon Commercial Center, Level 2,
Units 224 and 230, Avon Center at Beaver Creek, have submitted an Amended Condominium
Map to Resubdivide Avon Commercial Center, Level 2, Units 224 and 230, Avon Center at
Beaver Creek, Town of Avon, Eagle County, Colorado. This is a Resubdivision of two existing
condominium units. The Subdivision is in conformance with the Title 16 of the Avon
Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 03 - 09, Series
of 2003, A Resolution Approving the Second Amended Condominium Map of Avon Commercial
Center, Level 2, A Resubdivision of Units 224 and 230, Avon Center at Beaver Creek, Town of
Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved
by staff.
Town Manager Comments:
CADocuments and Settings\nwood\Local SettingsUemporary Internet
Files\O LK2\LABAC@ BC2ndAmend224230. doc
TOWN OF AVON
RESOLUTION NO. 03 - 09
Series of 2003
A RESOLUTION APPROVING THE SECOND AMENDED CONDOMINIUM MAP OF
AVON COMMERICAL CENTER, LEVEL 2, A RESUBDIVISION OF UNITS 224 AND 230,
AVON CENTER AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Avon Commercial Center, Ltd., has submitted an Amended Condominium Map of
the Avon Commercial Center, Level 2, for a Resubdivision of Units 224 and 230, Avon Center at Beaver
Creek, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Amended Condominium Map has been reviewed by the Town Staff, and
WHEREAS, the Amended Condominium Map 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
Condominium Map.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Second Amended Condominium Map of Avon Commercial Center, Level 2, A
Resubdivision of Units 224 and 230, Avon Center at Beaver Creek, 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
52003.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
C:\Documents and Settings\nwood\Local SettingsUemporary Internet
Files\OLK2\LAB AC@B C2ndAmend224230Res 03 09. doc
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
LI/
From: Norm Wood, Town Engineer?x/ I/
'
Anne Martens, Assistant Town Engineer
Date: January 30, 2003
Re: Resolution No. 03-10, Series of 2003
Lower Buck Creek Drainage Improvements - Authorization to Acquire
Rights-of-Way to Construct Improvements
Summary: We are in the process of acquiring the rights-of-way and
easements required for construction of the Lower Buck Creek Drainage Improvements. It
is possible that the initiation of eminent domain proceedings may be required in the
acquisition process for some of these properties. Oftentimes the initiation of this process
is necessary to obtain possession of the property for construction, even though the actual
acquisition of the property is completed through the negotiation process. Approval of
Resolution No. 03-10 is recommended as one of the first steps necessary to begin the
rights-of-way and easement acquisition process.
Recommendations: Approve Resolution No. 03-10, Series of 2003, A
Resolution Declaring the Lower Buck Creek Drainage Improvements to be in Pursuance
of a Public Purpose, and Authorizing all Steps Necessary and Proper for Acquisition of all
Interests, Rights-of-Way, and/or Easements Needed to Construct Such Improvements.
Town Manager Comments:
C:\Docwnents And Settings\Nwood\Local Settings\Temporaryy Internet Fi1es\0LK2\Res 03-10 Memo I.Doc
RESOLUTION NO. 03-10
SERIES OF 2003
A RESOLUTION DECLARING THE LOWER BUCK CREEK DRAINAGE
IMPROVEMENTS TO BE IN PURSUANCE OF A PUBLIC PURPOSE, AND
AUTHORIZING ALL STEPS NECESSARY AND PROPER FOR ACQUISITION OF
ALL INTERESTS, RIGHTS OF WAY, AND/OR EASEMENTS NEEDED TO
CONSTRUCT SUCH IMPROVEMENTS
WHEREAS, the Town Council has previously directed, authorized, and budgeted
for construction of the Lower Buck Creek Drainage Improvements, and
WHEREAS, said improvements will be made in pursuance of the public interest
in health, safety, and welfare, and
WHEREAS, the construction of said improvements may require the Town of
Avon to obtain, through negotiation or exercise of the power of eminent domain, certain
interests, rights of way, and/or easements.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town of Avon Council hereby declares the Lower Buck Creek
Drainage Improvements to be in pursuance of the public interest and for a public purpose.
Section 2. The Town of Avon staff is authorized to engage the services of an
appraiser and a title company, and to take all other actions necessary and proper for
acquisition of all interests, rights of way, and/or easements needed to perform such
improvements, including, but not limited to, acquisition by negotiation or the power of
eminent domain.
ADOPTED this day of )2003.
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
C:\Documents and Settings\nwood\Local Settings\Temporary Internet Files\OLK2\Resolution 03-10.doc
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
. HELD JANUARY 28, 2003
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 Buz Reynolds called the meeting to order at 5:30 PM. A roll call was taken with
Councilors Michael Brown, Debbie Buckley, Peter Buckley, Brian Sipes, Ron Wolfe and Mayor
Pro Tern Mac McDevitt present. Also present were 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, Community Development Director Ruth Borne and Planner Tambi
Katieb, as well as members of the press and public.
Citizen Input
Mayor Buz Reynolds presented 2002 4th quarter bonus awards to Joye Gelo (Finance), Bert
Jaramillo, Officer Mike Lundblade, (both from Police), Ron Moreno (Recreation), and Brian
Houlihan (Community Development) and thanked them for their extra efforts on behalf of the
Town of Avon.
Ordinances
Public Hearinq - Second Reading
Community Development Director Ruth Borne presented Ordinance No. 03-01 on second
reading. She noted that the applicant, IDG3 LLC, submitted a PUD amendment for the purpose
of extending the expiration deadline for one year. In July, Council granted a 6-month extension
(Ordinance 02-17) of the Lot 61 PUD to allow the applicant to explore the opportunities related
to the Town Center Plan without lapsing the currently approved PUD. That expiration date is
February 3, 2003. She explained that in 1998 the original PUD was approved and in 2001 the
Town Center Plan was approved. In the interest of continuing cooperation between the Town
and the applicant, P&Z Commission recommended approval of the extension for one-year in
Resolution 02-01. Staff has met with the applicant several times to discuss the relationship of
Lot 61 PUD to the Town Center Plan and remains concerned that the Lot 61 site-specific
development plan does not comply with the terms and conditions of the Town Center Plan.
Specifically, the necessary road alignments, setbacks, access, and site constraints contradict
the Town Center Plan. Because of these concerns with the site-specific development plan, staff
recommended only a 6-month extension to the Commission.
Councilor P. Buckley noted that he did not think there was a need for this legislation. The public
hearing was opened and no comments were made, so the hearing was closed. Councilor D.
Buckley moved to approve on second reading Ordinance No. 03-01, Series of 2003, An
Ordinance approving an Amendment of the Lot 61, Planned Unit Development (PUD) for Lot 61,
Block 2, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado.
Councilor Brown seconded the motion and the ordinance passed unanimously.
Town Engineer Norm Wood presented Ordinance No. 03-02 for second reading, an ordinance
revising the current subdivision review fees. He noted that the ordinance revises the
subdivision review fee schedule to more accurately reflect the actual costs associated with the
review of the various type subdivisions. The costs have been estimated in accordance with the
personnel hourly rate calculations and proposed subdivision review fees.
The public hearing was opened, no comments were made and the hearing was closed.
Councilor Brown moved to approve Ordinance No. 03-02, Series of 2003, an Ordinance
Repealing and Reenacting Section 16.12.040 of Title 16 of the Avon Municipal Code
(Subdivision Review Fees). Councilor Sipes seconded the motion and it passed unanimously.
First Reading
Town Engineer Norm Wood presented Ordinance No. 03-03 on first reading explaining that the
action includes revising the public ways permit review and inspection fee schedule to more
accurately reflect the actual costs associated with the review and inspection of various types of
permits. This action also revises the acceptable security and duration of surety to be submitted
to the Town to guarantee faithful performance of the work permitted.
Councilor McDevitt moved to approve Ordinance No. 03-03, Series of 2003, An Ordinance
repealing and reenacting Section 12.04.110, repealing Section 12.04.130, repealing Section
12.04.220 and repealing and reenacting Section 12.04.280 of Title 12 of the Avon Municipal
Code (Streets, Sidewalks and Public Places). Councilor Brown seconded the motion and it
passed with a unanimous vote.
Resolutions
Town Engineer Norm Wood presented Resolution No. 03-08, increasing the plant investment
fee charged to new customers by Upper Eagle Regional Water Authority. Councilor P. Buckley
indicated that he did not fully understand the proposal.
Mike Cacioppo, publisher of Speakout, asked them to explain why the increase will exceed the
Denver/Boulder Consumer Price Index. Becky Bultemeier, Finance manager for the Authority
was present and explained that the Authority had completed a very comprehensive study of the
cost to provide facilities for new customers and the PIF charge appropriate to fund such costs.
The purpose of the study was to recommend restructuring the PIF so that the funding for growth
would be more fairly allocated to the proper customers. She provided some historical
information on the fee structure, noting that the majority of the growth related to debt service is
being funded by existing customers through service fees. She proceed to explain that the
inequity is projected to become worse in the future if PIF rates are not adjusted, therefore the
Authority has decided to unanimously support adopting a new PIF structure hopefully effective
April 1, 2003. Because there is an increase greater than the Denver/Boulder Consumer Price
Index, the Master Service Contract (dated January 1998) requires each member of the Authority
approve the change. Discussion ensued about the research conducted that helped the
Authority arrive at their proposed rate structure change. Becky indicated that the Authority has
enacted a service fee rate increase for all existing customers of 2% effective January 2003, with
increases 2% each year into the future. If the proposed PIF fee is not approved, additional
increases in service fees will be made.
Both Councilor Sipes and Councilor Wolfe expressed their concern for the Authority's decision
to use square footage as a basis for the plant investment fee and believe that it should be driven
by peak or average demand.
Councilor McDevitt moved to approved Resolution No. 03-08, Series of 2003, A Resolution
approving an increase, exceeding the Denver/Boulder Consumer Price Index, for Plant
Investment Fees charged to new customers by the Upper Eagle Regional Water Authority in
conformance with the amended and restated Master Service Contract regarding water service in
the Town of Avon, Eagle County, Colorado. Councilor D. Buckley seconded the motion and it
passed with a majority vote (P. Buckley - nay).
Regular Council Meeting Page 2 of 3
January 28, 2003
New Business
The Council discussed the expense reimbursement agreement listed on the Consent Agenda.
The formal request comes from The Kroger Company (owners of City Market) for assistance in
issuing tax-exempt debt in order to refund previously issues tax-exempt debt for the purpose
Councilor McDevitt believes that Kroger Company disregards Avon's comments on their general
business practices by replacing their store brand with national brands. The Town has also
requested that Kroger pay sales tax on a monthly basis and they have not complied or
responded to that request. He would like to decline their request at this time. Councilor Brown
requested that dialogue be opened with Kroger Company. Councilor D. Buckley commented
that if the company would not comply with Avon's request, that the Town should approve their
request and save the money. Staff would try to contact the appropriate people to come to the
table. Councilor Brown moved to table the action on this item. The motion was seconded and
passed unanimously.
Mayors Report
The Council directed the Town Manager to contact the County Commissioners regarding the
use of magnesium chloride on the roads they are maintaining. The would like the
Commissioners to limit the use of this substance on the roads as well as notify the State of
Colorado about limiting their use of this substance on their roads. Councilor P. Buckley
commented on the fact that there was plenty of statistics stating that the substance is not
harmful, but others did not agree with that.
Consent Agenda
Mayor Reynolds asked for a motion on the Consent Agenda items. Councilor D. Buckley
moved to approve the consent agenda below. Councilor Brown seconded the motion and it
passed unanimously.
a. Approval of the January 14, 2003 Regular Council Meeting Minutes
b. Pledge Agreement to Fund Summer 2003 Air Service Assistance Program
There being no further business to come before the Council, the meeting adjourned at 6 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Mac McDevitt
Buz Reynolds
Brian Sipes
Ron Wolfe
Regular Council Meeting Page 3 of 3
January 28, 2003
Avon Recreation Department
Memo
January 23, 2003
To:
From:
RE:
Meryl Jacobs .;?
Julie Kessenich
American Crown Circus Inc
Summary.
Attached please find the agreement between American Crown Circus, Inc and the
Town of Avon for the Circus on July 31, 2003.
Recommendation
I recommend that Council approve and sign the attached agreement for the American
Crown Circus performance. This family acrobatics circus is America's newest and
most beautiful circus. This event brings a new venue for our Special Events schedule.
The Town of Avon will be receiving a portion of the revenue of ticket sales.
C
A
Town of Avon 9 P.O. Box 975 * Avon, CO 81620 • 970-748-4032
AMERICAN CROWN CIRCUS, INC.
Home Office
4088 Pleasant Rd.
Las Vegas, NV. 89108
This Agreement is entered this January 22, 2003 by and between
AMERICAN CROWN CIRCUS, INC. (CIRCUS) and
P __(SPONSOR).
City: State:_CO•
Show Date: 7._ Time(s):,_ _6,;.00&_ 8:00 PM
THE_CMCUS AC RM
1. To provide two complete .l hr. & 112 Circus performance, including all performers and
physical equipment_
2. To provide full insurance coverage and hold SPONSOR harn1less for all accidental
bodily injury or damage to property resulting from CIRCUS A. CTIVITI,ES ONLY
and to provide SPONSOR with certificate of insurance in at least the amount of $1, 000, 000
liability coverage showing SPONSOR as additional insured.
3..To clean and place trash in containers,from CIRCUS AM jollowingperformance.
4. To provide SPONSOR with promotional material, manuals to assist with the event and
Advance Tickets when requested
THE SPONSORL, RF.ES
1. To provide without cost to CIRCUS ,suitable showgrounds (150' x 150 ), level and
cleared, with an entrance for vehicles, a drinking water source (hose hook-up) and as
visible and close to town as possible. (City Parks, School .Fields, Fairgrounds, Mall
& Grocery Parking Lots Ileavy Foot and Auto Traf x Location.)
2. To provide suitable trash containers and to arrange for removcrl of the containers
following the CIRCUS
3.To provide all permit,, and licenses as may be required by local government agencies
4. To provide two ticket-takers for each show to meet & greet the audience.
5. Not to Sponsor another Circus, Carnival or similar event 35 days prior to the circus event
SPONSOR agrees to make final settlement with C.TRCUS in CASH on all advance sales at 12:00
am on the CIRCUS DAY and at CIRCUS TICKET OFFICE. All unsold tickets shall be returned
at that time. All divisions of monies are computed after sales tax has been deducted from gross
amount collected if any.
IIMMA A T NOMICE.- NO ADVANCE SALE TICKETS ARE TO BE SOLD
OR GIVEN AWAY ON CIRCUS :DAY.
THE CIRCUS HAS EXCLUSIVE RIGHTS TO OPERATE CONCESSIONS ON SHOW
DAY AND SHALL RETAIN ALL PROCEEDS FROM CONCESSION SALES. (Concession:
Popcorn, Cotton Candy, Cokes, Sno-Cones, Nachos, Hot Dogs & Peanuts.)
TzcAet Cos t-Advance Sale Sponsor to &eceive
FREE Child (12 and under) FREE Child tickets will be
distributed throughout community,
$8.00 Adult (13 and up)
Ticke Cost- jv of Show
$ 5.00 Child (12 and under)
$ 9.00 Adult (13 and up)
FOR CIRCUS 9-
(avio
FOR SPONSOR
PRINT NAME
& ADDRESS
TITLE.
DATE
(PHYSICAL ADDRESS ONLY)
TELEPHONE: W: H:
ALTERNATE CONTACT: PHONE:
This Agreement is void ifnot signed and returned within M days of offer.
This Agreement shall not be canceled without written consent of berth parties.
This Agreement is govern under Nevada Laws.
20% of Sales
15% of Sales (Free with coupons
& must be accompanied by a paying adult.)
15% of Sales
TITLE-V- P__ MJ ENT DATE_-Oj122/03
Julie Kessenich
From: John Dunn Uwd c@dunncausey.com]
Sent: Wednesday, January 22, 2003 3:32 PM
To: Julie Kessenich
Subject: RE: American Crown Circus
Hi Julie,
After the first paragraph 2, suggest we add a sentence, "And to provide Sponsor with certificate of
insurance in at least the amount of $1,000,000 liability coverage showing Sponsor as additional
insured."
John
-----Original Message
From: Julie Kessenich rmailto:JKessenich(&avon.orcll
Sent: Wednesday, January 22, 2003 12:02 PM
To: John Dunn
Subject: American Crown Circus
Hello John,
I am going to fax you over a contract that American Crown Circus provided us for their event July
31, 2003. We will not be doing any advance selling of tickets. The American Crown Circus will
provider the-workers to sell tickets on the day of the circus. They will also be paying sales tax to
the Town of Avon on all taxable items purchased. We will provide two volunteers to take tickets at
the event. Can you please review the contract and let me know if you have any comments or
concerns?
Thank you so much!
Kessenich
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood Town Engineer
Anne Martens, Assistant Town Engineer
Date: February 5, 2003
Re: Buck Creek Drainage Improvements Project (I-70 to Eagle River)
Appraisal Services Proposal - Valuation Consultants, Inc.
Summary: The attached Proposal for Appraisal Services for the Buck
Creek Storm Drainage Improvements Project (I-70 to Eagle River) has been submitted by
Valuation Consultants, Inc. The proposed cost of these services is not to exceed $12,500
without written approval and includes appraisals for six properties for permanent and
temporary easements required for construction of the Buck Creek Drainage Improvements
Proj ect.
Approval of the Valuation Consultants, Inc. Proposal for Appraisal Services with an
estimated cost not to exceed $12,500 without written approval for the Buck Creek Storm
Drainage Improvements Project (I-70 to Eagle River) is recommended.
Recommendations: Approve the Valuation Consultants, Inc. proposal for
Appraisal Services with an estimated cost not to exceed $12,500 without prior written
approval, for six separate parcels as required for construction of the Buck Creek Storm
Drainage Improvements Project.
Town Manager Comments:
;?5
I:\Engineering\CIP\Stormwater-Buck Creek\2.0 Contract Services\2.7 Appraisal\2.7.3 Service ContractNemo Prpsl Aprvl.Doc
VALUATION CONSULTANTS, INC.
Real Estate Appraisers - C'ommultxnls
48 East Beaver Crock Boulevard, Suite 206
P.O. Rox 361
Avon, Color?ido 81620
(970) 949-4898 I':ix (970) 949-5376
F'ebruar 4, 2003
Anne Martens
Town ol'Avon
Box 5370
Avon. CO 81112(1
by Cax: 748-1958
l2C:: Appraisals of.-
-Proposed Drainage & grading easements, both permanent caul temporary, to be
acquired from:
1. Lot 34 - The Creenhrier property
2. Lot 73/74 - The Comfort Inn Property
3. Lot 40 - corner of W. Heavev Ci-tek Blvd & Benchmark Road
4. Lot 41 - Beaver Creek West / Aeon Lake Villas
5. Lot 46 - Laikeside Terrace
6. Two tracts to ;ether known as the "Confluence" parcel
Dear Anne.
Pcr our cculversations. please let this truer serve as my proposal regarding the appraisal oCthe
above-rot renced proposed easements. It is my understanding that the appraisabs will he
prepared lilr use by the Town toward decisions and /ear negotiallons regarding at cuiSitioll of tilt,
easenwllis all question.
i will submit my opinions and conclusions {o you in the (itrm Iii cornpletc summary appraisal
reports wllich will he prepared utilizing aacccpted appruisal techniques and utctltudoluay, in
con6ormance with the Standards and Code of Proles ional E=thics of the Apprakatl institute and
the requirements ofthe Uniform Standards olTrol'essional Appraisal Practice;
My lec lilt preparing and submiltino illy conclusions to you ill,ttnltllaty it11111ats will be: $200
per hotir. not to cxeecd $12,500. It is my undersuindim? that you are in noed ohthese vuluatiom:
as soOrl US possible: 1 will make every reasonable cllort to have them (iir you no latter than
Fi•id.ly, l ebruaaly 2011'
Any type e1l'addilional consultation. deposition. testimony. or other court-related lime required in
this matter. il`uny. -,vill Ue billQd ;.cparaate1v at the rato kW$200 per hour plux actual expen es, if
attiv.
Feb 04 03 12:05P VALUATION CONSULTANTS,INC 970 949-5376 P.3
i
I'lease acknowledge that the repoil will be completed in accordatice with the Itlllowting:
The appraisal assignment will not be based upon a requested miifimini
valuation or specific valuation. Neither employment nor compensation are
contingent upon the reporting of a pre-determined value, a direction of the
value that favors the cause of the client, the amount of the value estimate, the f
attainment ofa stipulated result., or the occurrence of a iub equent event.
II'this proposal meets with your approval. please provide an authorized iigrlature and reLum a
col%y t)1' ihis letter which will serve as our authorization to proceed. As you knONV. I will need a
copy ofthe project plaits & specifications. and will need le)al descriptions depicting the
rrspectiv%? permanent and temporary proposed takin-s. including squalti fo>otages ofcaell. As a
norrllul Course oChusin??;;;; We will he contacting the property ovvners in order to 1. lot them know
we have been en-a-ed to value the affected property and 2. to receive arty input regarding the
cascmcnt & propcrty that thc.y may care to relate.
" i
I look (iirw;nd to working with yc)u. Ple;ztic ldcl lice to contact my ollice with ally questions You
r1111V have.
i
VerVUIV y()Urs.
VAXI )N ONSULTANTS, INC.
.l/lad Ox, SRA
Certified General Appraiser CGOI31 3752
accepted by:
?ltrtu: