The URL can be used to link to this page

TC Council Packet 07-13-2004STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON I NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD JULY 13, 2004, AT 3 PM AT THE AVON MUNICIPAL BUILDING LOCATED AT 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 3:00 PM - 3:30 PM 1) Executive Session - (Conferring with Town Attorney) - The topic meets the requirements of C.R.S. 24-6-402-4 (b) - Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Discuss negotiations with Village (at Avon) regarding municipal services invoice. 3:30 PM - 4:30 PM 2) Council Committee Updates- Council members are assigned to several committees and update their progress. Community Development Update (Councilors Wolfe & Sipes) Water (Councilor D. Buckley) Recreation (Councilor Wolfe) Beaver Creek Skier Shuttle (Mayor Reynolds) Non Profit Organizations - Request for Funding (Mayor Reynolds) 4:30 PM - 4:45 PM 3) Message Board - (Bob Reed) - Discussion about Town's banner program and the proposed use of electronic message board attached to the fagade of the Railroad Bridge Overpass. 4:45 PM - 5:00 PM 4) Avon Town Limits (Norm Wood) - Discussion on the location and clarification of Avon Town Boundaries in 1-70 right-of-way 5:00 PM - 5:30 PM 5) Staff Updates a. Avon Entry Sign Removal (Norm Wood) - Estimated costs for removing Avon Entry sign b. Annual Community Picnic (Jacquie Halburnt) - Date for BBQ c. Historical Water Wheel Update (Jacquie Halburnt) - - Options for restoration of water wheel d. Community Development Updates (Tambi Katieb) e. Bear Complaints 2004 (Jeff Layman) - review of bear complaints for 2004 Consent Agenda Questions AND SUCH OTHER BUSINESS AS MAY COME BEFORE THE COUNCIL. THIS MEETING IS OPEN TO THE PUBLIC. TOWN OF AVON, COLORADO BY: Patty McKenny, Town Clerk Estimated times are shown for informational purposes only, subject to change without notice. Comments from the public are welcome. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON July 9, 2004: ? Avon Municipal Building, Main Lobby ? Alpine Bank, Main Lobby ? Avon Recreation Center, Main Lobby ? City Market, Main Lobby Avon Council Meeting.04.07.13 Calculation of Poll" Services Ton Year Projection Town of Avon Projected Statistics 2443 2.24 2WT 2M 2M 2010 Total Town Larne Mlles (1) 47.66 47.66 47.66 47.66 47.66 4T66 47.66 Total Village Larne Miles (1) 9.30 9.30 9.30 9.30 9.30 9.30 9.30 Rata of Village/Total Lard Mlles 19.51% 19.51% 19.51% 19.51% 19.51% 19.51% 19.51% Total Calls for Service All Incidents (2) 20,523 21,135 21,744 22,350 22,954 23,555 24,154 Total Village Calls for Service All Incidents (2) 1,490 1,903 2,272 2,616 2,944 3,261 3,570 Ratio of Village Calls/Total Calls for Service All Incidents 7.26% 8.26% 9.46% 10.48% 11.37% 12.16% 12.86% Total Residential Dwelling Units (3) 3,532 3,662 3,832 3,982 4,132 4,282 4,432 Village Resd"al Dwelling Units (4) 244 364 484 604 724 844 964 Rata of Village/Total Residential Units 6.91% 9.89% 12.63% 15.17% 17.52% 19.71% 21.75% Total Commercial Square Footage Residential Dwelling Units (7) 1,397,000 1,421,000 1,445,000 1,469,000 1,493,000 1,517,000 1,541,000 Village Commercial Square Footage (e) 307,000 326,000 345,000 364,000 383,000 402,000 421,000 Rata of Village/Total Square Footage 18.02% 18.66% 19.27% 19.86% 20.42% 20.95% 21.48% Calculation of Police Services - Tan Year Projection Patrol Factor Calculation Direct Costs : Personnel Costs - Pahl (5) E 917.726 E 940,669 E 964,186 E 988,291 E 1,012,998 $ 1,038,323 E 1,064,281 Gas, Fleet Malnt., & Fleet Replacement Charges - Patrol (5) 128,488 131,700 134,993 138,368 141,827 145,372 149,007 Vail Dispatch Services (5) 156,367 160,276 164,283 168,390 172.600 176,915 181,336 1,202,581 1,232,846 1,263,462 1,295,048 1,327,424 1,360,610 1,394,625 % Direct Time Involved in Pauolling Streets and Seff-Initiated Calk for Service (1) 35.00% 35.00% 35.00% 35.00% 35.00% 35.00% 35.00% 420,903 431,426 442,212 453,267 464,599 476,214 488,119 Ratio of Village Lane Miles to Total Lane Mlles x 19.51% 19.51% 19.51% 19.51% 19.51% 19.51% 19.51% Total Patrol Factor E 82,132 E 84,185 $ 86,290 E 88,447 $ 90,658 $ 92,925 $ 95,248 Service Call Factor Calculation Direct Costs: Personnel Costs - Patrol Personnel Costs - Investigation Gas, Fleet Maud., & Fleet Replacement Charges - Patrol Gas, Fleet Maim., & Fleet Replacement Charges - Investigation Vail Dispatch Services % Direct Time Involved In Patrolling Streets and Self-Initiated Calk for Service Ratio of VillagafTown Calk for Service Total Service Call Factor Preparedness, Administration & Support Factor Indirect Costs : Administrative Budget Indirect Patrol Costs Indirect Investigation sCosts Average of Village Residents/Total Residents and Commerdal Space Total Preparedmiss, administration & Support Total Village Sham of Police Service Cost - per formula calculation Projection Assumptions (1) Insignificant or no change in statistics over the period. (2) Growth rate same percentages as anticipated growth in dwelling units and commercial space. (3) Growth rate estimated at 30 oohs per year. (4) Growth rate estimated at 120 units per year assuming a build out of fifty percent over the first ten years. (5) Budgeted costs estimated to Increase 2.5 percent a year. (6) Growth rate estimated at 19,000 square footage per year with a build out of fifty percent over the first ten years. (7) Growth rate estimated at 19,000 square footage per year for the village and 5,1x70 for the Town. (5) E 917,726 $ 940,669 $ 964,186 E 988,291 E 1,012,998 E 1,038,323 $ 1,064,281 (5) 75,356 77,240 79,171 81,150 83,179 85,258 87,390 (5) 128,488 131,700 134,993 138,368 141,827 145,372 149,007 (5) 11,587 11,877 12,174 12,478 12,790 13,110 13,437 (5) 156.387 160,276 164,283 168,390 172,600 176.915 181,338 1,289,524 1,321,762 1,354,806 1,388,676 1,423,393 1,458,978 1,495,452 (1) 65.00% 65.00% 65400% 65.00% 65.00% 65.60% 85.00% 638,191 859,145 880,624 902,840 925,206 948,338 972,044 x 7.26% 8.26% 9.46% 10.48% 11.37% 12.16% 12.88% S 60,854 $ 70,950 E 83,295 E 94,570 S 105,169 E 115,317 S 125,159 (5) $ 265,145 E 271,774 $ 278,568 $ 285,532 $ 292,670 $ 299,987 E 307,487 (5) 79,339 81,322 83,356 85,439 87,575 89,765 92,009 (5) 3,986 4,067 4,169 4,273 4,380 4,489 4,602 348,452 357,163 366,092 375,245 384,626 394,241 404,097 x 12.46% 14.27% 15.95% 17.51% 18.97% 20.33% 21.60% 43,425 50,979 58,399 85,717 72,959 80,147 87,302 E 186,411 $ 206,114 E 227,984 E 248,734 E 288,788 E 288,389 S 307,709 Calculation of Police Services Ton Year Projection Town of Avon Projected Statistics am 29,2 2M Total Town Lane Miles (1) 47.88 47.88 47.88 Total Village Lane Miles (1) 9.30 9.30 9.30 Ratio of Village[Total Larne Mlles 19.51% 19.51% 19.51% Total Calls for Service All Incidents (2) 24,751 25,346 25,939 Total VNage Calls for Service All Incidents (2) 3,872 4,170 4,464 Ratio of Village Calls/Total Calls for Service All Incidents 13.53% 14.13% 14.88% Total Residential Dwelling Units (3) 4,582 4,732 4,882 Village Residential Dwelling Units (4) 1,084 1,204 1,324 Ratio of Vlllagelfotal Residential Units 23.88% 25.44% 27.12% Total Commercial Square Footage Residential Dwelling Units IT) 1,585,000 1,589,000 1,613,000 Village Commercial Square Footage (6) 440,000 459,000 478,000 Ratio of VillagelTotai Square Footage 21.95% 22.41% 22.86% Calculation of Police Services - Ton Year Projection Patrol Factor Calculation Direct Costs : Personnel Costs - Patrol (5) E 1,090,888 E 1,118,160 E 1,148,114 Gas, Fleet Maim., & Fleet Replacement Charges - Patrol (5) 152,732 156,550 160,464 Vail Dispatch Services (5) 185,871 190,518 195,281 1,429,491 1,465,228 1,501,859 % Dired Time Involved in Patrolling Streets and Self-initiated Calls for Service (1) 35100% 35.00% 35.00% 500,322 512,830 525,851 Ratio of Village Lane Mlles to Total Lane Mlles x 19.51% 19.51% 19.51% Total Patrol Factor E 97,629 E 100,070 E 102,571 Service Call Factor Calculation Direct Costs : Personnel Costs - Patrol Personnel Costs - Investigation Gas, Fleet Maint., & Fleet Replacement Charges - Patrol Gas, Fleet Malnt., & Fleet Replacement Charges - Investigation Vail Dispatch Services % DirectTime Involved In Patrolling Streets and Self-initiated Calls for Service (5) E 1,090,888 E 1,118,180 $ 1,146,114 (5) 89,575 91,814 94,109 (5) 152,732 156,550 160,464 (5) 13,773 14,118 14,471 (5) 185,871 190,518 195,281 1,532,839 1,571,160 1,610,439 (1) 65.00% 85.00% 65.00% 998,345 1,021,254 1,046,785 x 1153% 14.13% 14.88% Ratio of VillagefTowm Calls for Service Total Service Call Factor Preparedness, Administration & Support Factor Indirect Costs : Admimstrative Budget Indirect Patrol Costs Indirect Investigation sCosts Average of Village ResiderWTotal Residents and Commercial Space Total Preparedness, administration & Support Total Village Share of Police Service Cost - per formula calculation Projection Assumptions (1) Insignificant or no change in statistics, over the period. (2) Growth rate same percentages as anticipated grown In dwelling units and commercial space. (3) Growth rate estimated at 30 units per year. (4) Growth rate estimated at 120 units per year assuming a build out of fifty percent over the first ten years. (5) Budgeted costs estimated to Increase 2.5 percent a year. (6) Growth rate estimated at 19,000 square footage per year with a build out of fifty percent over the first ten years. (T) Growth rate estimated at 19,000 square footage per year for the village and 5,000 for the Town. E 134.794 E 144,293 E 153,712 (5) E 315,174 E 323,053 E 331,130 (5) 94,309 96,667 99,084 (5) 4,717 4,835 4,955 414,200 424,555 435,169 x 22.80% 23.93% 24.99% 94.444 101.587 108.748 E 326,867 E 345,950 _t __J,6-5032 MEMORANDUM FROM: TOWN ATTORNEY TO: TOWN COUNCIL SUBJECT: EXECUTIVE SESSION ON VILLAGE (AT AVON) NEGOTIATION DATE: MARCH 16, 2004 In January of this year, a revised municipal services invoice for the year 2004 was submitted to Traer Creek Metropolitan District. The invoice was revised to reflect the actual cost of police services, based upon the actual cost incurred in 2003. Rather than calculating cost of municipal services on the basis of the formula contained in the Annexation and Development Agreement (7.6 mills times assessed valuation), Traer Creek was billed for actual cost. While recognizing the inadequacy of the 7.6 mills formula, Traer Creek has questioned the Town's new calculation and is paying the 2004 invoice on the basis of the 7.6 mills formula. Payments are being accepted by the Town with Traer Creek being advised that acceptance of the payments is not a waiver of the Town's position. Most recently, there has been submitted to Traer Creek a reconciliation of the 2003 cost of municipal services, as is required by the annexation agreement. That reconciliation recomputes the cost of police services in the same fashion as has been done with respect to 2004. Traer Creek has not at this time responded to the reconciliation. In the meantime, the Town has been advised that Traer Creek has engaged an auditor, Dean Johnson, to review the cost of police services and to provide Traer Creek with the information they need to respond to the Town. We are also advised that Traer Creek's response may be delivered to us around the first of April. Staff is requesting an executive session to discuss negotiation strategy and to receive direction from the Council as to the Town's negotiating position on this issue. JWD:ipse -VTJ Alk To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Directo Date: July 7, 2004 Re: WECMRD Analysis Summary: Stan Bernstein will present his findings related to the analysis of the Town's inclusion into WECMRD at the Council worksession on Tuesday. There have been no major changes to Stan's original analysis and I have included in with this memo. Town Manager Comments: Page 1 TOWN OF AVON/WECMRD FISCAL IMPACTS RE: INCLUSION INTO WECMRD CONCEPTS, IDEAS, ISSUES, BRAINSTORMING DRAFT 1 - FOR DISCUSSION PURPOSES ONLY SCENARIO I - WECMRD DOES NOT ASSUME ANY AVON REC CTR DEBT 1 AVON RECREATION CENTER: 2 OPERATING. REVENUES 3 OPERATING EXPENDITURES 4 NET OPERATING LOSS 5 ANNUAL DEBT SERVICE 6 $2.8 MILLION SALES TAX BONDS 7 ACCOUNTING/ADMINISTRATION 8 (NOT INCLUDED ABOVE) 9 OTHER RELATED COSTS 10 TOTAL NET COSTS REC CENTER 11 AVON OTHER RECREATION ACTIVITIES 12 REVENUES: 13 CABIN ON THE LAKE 14 SPECIAL EVENTS 15 ADULT PROGRAMS 16 YOUTH PROGRAMS 17 FIELD RENTALS 18 TOTAL REVENUES 19 EXPENDITURES: 20 CABIN ON THE LAKE 21 SPECIAL EVENTS 22 ADULT PROGRAMS 23 YOUTH PROGRAMS 24 FIELD RENTALS 25 TOTAL EXPENDITURES 26 NET COSTS OTHER REC ACTIVITIES 27 PARK AND ICE AND FIELD MAINT. 28 OTHER RECREATION COSTS 29 TOTAL ALL AVON RECREATION COSTS 30 ASSESSED VALUATION CURRENT YEAR 31 TOWN OF AVON W/O VILLAGES 32 TOWN OF AVON -VILLAGES 33 TOTAL TOWN OF AVON 34 SINGLETREE - OUT OF WECMRD 35 WECMRD 36 PROPERTY TAXES GENERATED: 37 TOWN OF AVON W/O VILLAGES 38 @ 3.65 MILLS 39 SINGLETREE @ 3.65 MILLS 40 TOTAL GAIN (LOSS) FROM INCLUSION 41 TOTAL (LOSS) TO WECMRD W/SINGLETR MERYL JACOBS' CURRENT YRS. ESTIMATES 1,104,179 1,629.703 331.083 50,000 0 906,607 51,000 93,000 23,000 77,500 4 000 248,500 43,621 206,400 43,621 88,759 0 382.401 133.901 200,000 0 1,240,5081 139,890,500 5,882,570 145.773.070 45,000,000 490,058,630 510,600 164,250 INCLUSION INTO WECMRD IMPACTS TOWN OF ADJUSTED AVON WECMRD WECMRD WECMRD GAIN/(LOSS) GAIN/(LOSS) ADJUSTMENTS GAIN/(LOSS) (1,104,179) 1,104,179 (250,000) (1) 854,179 1,629,703 (1,629,703) 0 (2) (1,629,703) 0 0 0 (50,000) 0 (50,000) 0 0 0 0 525,524 571 5,524) (250,000) 82I 5,524) (51,000) 51,000 0 51,000 0 0 0 0 (23,000) 23,000 0 23,000 (77,500) 77,500 0 77,500 0 0 0 0 15( 1,500) 151,500 0 151,500 43,621 (43,621) 0 (43,621) 0 0 0 0 43,621 (43,621) 0 (43,621) 88,759 (88,759) 0 (88,759) 0 0 0 0 176,001 (176,001) 0 17( 6,001) 24,501 2( 4.501) 0 24501 0 0 Q 0 0 0 0 0 550,025 (600,025) 251 0,000) (850,025) 511 0,600) 510,600 0 510,600 39.425 (89.425) (250.000) (339.4251 17( 5,175) NOTES RE: WECMRD INCLUSION ADJUSTMENTS: (1) AVON REC CENTER REVENUES ADJUSTMENT FOR LOSS OF "OUT OF TOWN" REVENUES (I.E., EDWARDS, SINGLETREE, AND EAGLE USERS WILL CEASE TO BECOME "OUT OF TOWN" AND PAY LOWER RATES THAN THEY CURRENTLY PAY). (2) STEVE RUSSELL ESTIMATES THAT CURRENT OPERATING COSTS COULD BE DECREASED DUE TO ECONOMIES OF SCALE. CURRENT WECMRD WAGES/BENEFITS WOULD HAVE TO BE INCREASED BY % TO MATCH CURRENT TOWN OF AVON PAY SCALES. WECMRDINCLUSIONS5/18/20042:19 PM TOWN OF AVON/WECMRD FISCAL IMPACTS RE: INCLUSION INTO WECMRD CONCEPTS, IDEAS, ISSUES, BRAINSTORMING DRAFT 1 - FOR DISCUSSION PURPOSES ONLY SCENARIO II - WECMRQ ASSUMES 50% AVON REC CTR DEBT MERYL JACOBS' CURRENT YRS ESTIMATES 1 AVON RECREATION CENTER: 2 OPERATING REVENUES 1,104,179 3 OPERATING EXPENDITURES 1,629,703 4 NET OPERATING LOSS 52( 5,524 5 ANNUAL DEBT SERVICE 6 $2.8 MILLION SALES TAX BONDS 331,083 7 ACCOUNTING/ADMINISTRATION 8 (NOT INCLUDED ABOVE) 50,000 9 OTHER RELATED COSTS 0 10 TOTAL NET COSTS REC CENTER 906.607 11 AVON OTHER RECREATION ACTIVITIES 12 REVENUES: 13 CABIN ON THE LAKE 51,000 14 SPECIAL EVENTS 93,000 15 ADULT PROGRAMS 23,000 16 YOUTH PROGRAMS 77,500 17 FIELD RENTALS 4,000 18 TOTAL REVENUES 248.500 19 EXPENDITURES: 20 CABIN ON THE LAKE 43,621 21 SPECIAL EVENTS 206,400 22 ADULT PROGRAMS 43,621 23 YOUTH PROGRAMS 88,759 24 FIELD RENTALS 0 25 TOTAL EXPENDITURES 382,401 26 NET COSTS OTHER REC ACTIVITIES 133.901 27 PARK AND ICE AND FIELD MAINT. 200.000 28 OTHER RECREATION COSTS 0 29 TOTAL ALL AVON RECREATION COSTS 1,240.508 30 ASSESSED VALUATION CURRENT YEAR : 31 TOWN OF AVON W/O VILLAGES 139,890,500 32 TOWN OF AVON -VILLAGES 5,882,570 33 TOTAL TOWN OF AVON 145,773,070 34 SINGLETREE OUT OF WECMRD 45,000,000 35 WECMRD 490,058,630 36 PROPERTY TAXES GENERATED: 37 TOWN OF AVON W/O VILLAGES 38 @ 3.65 MILLS 510,600 39 SINGLETREE @ 3.65 MILLS 164,250 40 TOTAL GAIN (LOSS) FROM INCLUSION 41 TOTAL (LOSS) TO WECMRD W/SINGLETR EE NOTES RE: WECMRD INCLUSION ADJUSTMENTS: (1) AVON REC CENTER REVENUES ADJUSTMENT FOR LOSS O AND EAGLE USERS WILL CEASE TO BECOME " OUT OF TOW (2) STEVE RUSSELL ESTIMATES THAT CURRENT OPERATING ( CURRENT WECMRD WAGES/BENEFITS WOUL D HAVE TO BE INCLUSION INTO WECMRD IMPACTS TOWN OF ADJUSTED AVON WECMRD WECMRD WECMRD GAIN/(LOSS) GAIN/(LOSS) ADJUSTMENTS GAIN/(LOSS) (1,104,179) 1,104,179 (250,000) (1) 854,179 1,629,703 (1,629,703) 0 (2) (1,629,703) 165,542 (165,542) 0 (165,542) 0 (50,000) 0 (50,000) 0 0 0 0 691.066 74( 1.066) 25( 0.000) 99( 1.066) (51,000) 51,000 0 51,000 0 0 0 0 (23,000) 23,000 0 23,000 (77,500) 77,500 0 77,500 0 0 0 0 15( 1.500) 151,500 0 151.500 43,621 (43,621) 0 (43,621) 0 0 0 0 43,621 (43,621) 0 (43,621) 88,759 (88,759) 0 (88,759) 0 0 0 0 176.001 17( 6.001) 0 17( 6.001) 24.501 2I 4,501) 0 21 4.501) 0 0 0 0 0 0 0 0 715.567 76( 5,567) 25( 0.000) (1,015,567) 51( 0,600) 510.600 0 510.600 204.966 (254.966) (250.000) (504.966)34( 0,716) "OUT OF TOWN" REVENUES (I.E., EDWARDS, SINGLETREE, V" AND PAY LOWER RATES THAN THEY CURRENTLY PAY. :OSTS COULD BE DECREASED DUE TO ECONOMIES OF SCALE). INCREASED BY % TO MATCH CURRENT TOWN OF AVON PAY SCALES. WECMRDINCLUSIONS5118/20042:19 PM TOWN OF AVONIWECMRD FISCAL IMPACTS RE: INCLUSION INTO WECMRD CONCEPTS, IDEAS, ISSUES, BRAINSTORMING DRAFT 1 - FOR DISCUSSION PURPOSES ONLY VILLAGES AT AVON - PROS AND CONS OF INCLUDING THEM INTO WECMRD ADVANTAGES: 1. ASSESSED VALUE WILL GROW FROM CURRENT $6.0 MILLION TO APPROXIMATELY $100 MILLION. 2. WECMRD PROPERTY TAXES GENERATED @ 3.65 MILLS WILL GROW FROM $22,000 TO $365,000 AT BUILDOUT. 3. WECMRD WILL CONTROL RECREATION AT VILLAGES AT AVON. POTENTIAL PROBLEMS: IT IS POSSIBLE THAT THE VILLAGES AT AVON METROPOLITAN DISTRICTS, WHICH CURRENTLY HAVE RECREATION POWER AUTHORITY, WILL BE REQUIRED TO LEGALLY GIVE UP THEIR RECREATION POWER AUTHORITY. SINCE THESE RECREATION DISTRICTS ARE CURRENTLY PLANNING TO FINANCE CAPITAL AS WELL AS OPERATIONAL RECREATION AMENITIES (USING AVON SALES TAXES AND RETT TAXES), INCLUSION INTO WECRMD COULD RELIEVE THESE DISTRICTS OF SUBSTANTIAL RECREATIONAL FUNDING RESPONS- IBILITY. (NEED TO DISCUSS PUD GUIDE FOR VILLAGES @AVON AS IT RELATES TO SPECIFIC 'BIG TICKET' RECREATION AMENITIES AND WHO PAYS FOR THEM). 2. $365,000 OF INCREMENTAL PROPERTY TAX REVENUES WILL FUND APPROXIMATELY $4.5 MILLION OF BONDS AT FULL-BUILDOUT. FULL-BUILDOUT IS PROBABLY 15-20 YEARS AWAY, SO WHO FUNDS MAJOR RECREATION AMENITIES BEFORE FULL-BUILDOUT? Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Bob Reed, Director of Public Works Date: 6/30/04 Re: Message boards Summary: Attached you will find information regarding electronic message boards that would be permanently attached to the facade of the Railroad Bridge Overpass. I have also included drawings that show approximate size and location in relationship to the wall. Background: The current banner program allows banners of all sizes to be hung on the fagade for a permit fee of $97.50. The banners are difficult to keep straight in the wind, no matter what the size. Town Council asked me to look at different options. Discussion: The first option would be to continue the practice of allowing banners to be hung, but specify a standard size that could be stretched neatly within a frame attached to the wall. The largest banner that is currently allowed is 4' X 15', so I used that as an example. The second option is to mount permanent electronic message boards to the fagade. These boards could be programmed to flash any messages you wish to convey to the public. They can be purchased to operate with 110vac power supply or a solar powered option is available. Either one can be programmed by a variety of methods. To assure integrity we would need the Town Engineer to look closely at the specifications for the brackets and how they attach to the wall. Each sign weighs approximately 150 lbs. Financial Implications: Banner brackets could be made in-house for about $300 each and installed by the Public Works crews. The electronic message boards can be solar powered or hard wired to the existing circuits we use for the holiday lights. The total cost would be about the same ($17,000.00 each) for the solar powered version or hard wiring the 110vac model. Brackets are attached permanently to the wall and the message board is then mounted on the brackets. This price also includes equipment and software needed for the remote access. Additionally, the current panels on the L\Town ManagerVouncil Memos\Message Boards.Doc bridge wall will need to be reinforced to withstand the weight of the boards. Another consideration is installation costs. At this preliminary stage, we are uncertain what would need to be done, but the Town Engineer estimates the costs to be up to another $15,000. The total cost for this option could be up to $50,000. Recommendation: Since that area is prone to vandalism, I would recommend installing the 110v model and tying it to a central computer (perhaps the Assistant Town Manager's) for programming. Alternatives: Continue the use of banners, but install a frame that stretches them evenly and then specify the size of banners to be 4' X 15' in the application (also attached). Town Manager Comments: r 0 Page 2 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Enginee?? Date: July 2, 2004 r Re: Location and Clarification of Avon Town Boundaries in I-70 Right-of-Way Summary: A question has arisen regarding the location of Avon town boundaries within the I-70 right-of-way. When The Village (at Avon) was annexed into the Town, the I-70 right-of-way was excluded from the annexation. However the town limit signs on I-70 were relocated to coincide with the location where the easterly boundary of The Village property is adjacent to I-70 on both the north and south sides. This has led to confusion with respect to jurisdiction and responsibilities in this area of the I-70 right-of-way between the town limit signs on I-70 and the actual location of the town boundary within the I- 70 right-of-way. John Dunn has researched CDOT policies with respect to this situation and we will be prepared to discuss various options with respect to this situation at the Council Work Session. Town Manager Comments: i I:\Engineering\Administration\Miscellaneous\1-70 R-W Memo LDoc JI Ah I 1 0J To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager f From: Norman Wood, Town Engineer Date: July 7, 2004 Re: Avon Entry Sign Removal Summary: The estimated costs for removing the Avon Entry Sign located between I-70 and Swift Gulch Road is broken out as follows: Breakup, Remove and Dispose of Reinforced Concrete $ 10,000 Remove Flagpoles and Concrete Pedestals 1,000 Cleanup & Regrade Site 2,500 Rip-Rap Drainage Swale & Revegetate 2,500 Contingencies @ 10% 1,600 Total Estimated Cost $ 17,600 If council wishes to proceed with this project we can revise the Capital Improvements Program and Budget to include it in this years Program or it can be included in the Capital Projects Fund 5-Year Plan during the 2005 budget process. Town Manager Comments: U Gjoo vO fQ?-O '/ ` fqq L ?r I:EngineeringWdministru6on\Miscellaneous\Avon Sign Removal-I.Doc Memo To: Larry Brooks, Town Manager From: Jacqueline Halbumt Date: July 7, 2004 Re: Annual Council BBQ For 6 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. It also gives the community an opportunity to talk to Council members on an informal basis. This year's BBQ will be held on Friday, August 6 from 12 noon - 2 p.m. in Nottingham Park. We will be grilling up free hamburgers, veggie burgers and hot dogs for our community. The council members are invited to roll up their sleeves and help with the grilling and serving if they are available. JJ_l?1Ll•? To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jacqueline Halburnt Date: July 7, 2004 Re: Historical Water Wheel Summary: As you know, staff has been quietly working on some alternatives for the old water wheel on the Eagle River behind the Canyon Run development on Hurd Lane. We would like to present some ideas and options for restoration. Background: Norman and I went down to look at it last winter and snapped some photos. In the meantime, we have been keeping an eye out for any grants that might be applicable. On Monday, Larry and I met with two residents from Canyon Run, Mike and Jeanette Hicks. They are interested in helping in our efforts to restore the water wheel. They indicated they would be willing to research grants and help raise funds for restoration. (One caveat is they only live here 2-3 months a year and are leaving Thursday to go back to Texas). Jeannette did some research at the library and found a 1980 Eagle Valley Enterprise article about the wheel with a fuzzy picture of what it originally looked like (attached). Discussion: Some ideas: - Identify all historical structures in Avon - Dedicate money annually into a Heritage Fund out of Capital projects - Match private money raised up to a certain amount into the Heritage Fund - Council prioritizes projects For the water wheel - Determine if any special permits are necessary for working in the riparian area - It will take extensive hand work and lots of hours to clear the area of dirt and debris - Volunteers and community service workers could help clear the area - Heavy equipment may be needed A public access trail must be re-cut. An old fisherman's trail has grown over - Trail may require retaining walls Like to restore the wheel in its current place, out of the water - May not be necessary to rebuild any of the other structures. The main focus is the wheel - Continue to search for grants Financial Implications: We have not put together a budget for Water Wheel restoration. Instead, we will wait for Council direction and determine how to approach it from there. Town Fflanager Comments: cAttachments: A - Eagle Valley Enterprise article 0 Page 2 G[G December 11, 1980 THE EAGLE VALLEY FNTERPRISE 'Oue !T Watl er rhee . eAv 'nits fir'st,jolf-nIr juice by Frank DoU w storage batteries. Two banks 'of l,6 batteries each were installed, and while In the year of 1928, the sparsely populated community of Avon Colaradti had electrir_al current was drawn frown one set, the other was charged. not yet been favored with a supply of commercial electricity. Some of the-more The Nottingham fasrily enjoyed the -we of electricity generated by power enterprising and ambitious citizens purchased gasoline-drive((` e"nerators to from the water wheel.for 12 years The Denver and Rio Grande Railroad Depot supply this commodity, while others designed more original methods. t)iie of at Avon,' manned by Claude Robertson, was furnished power all during that these was a water wheel that turned a generator. It was built by W.F time at a nominal rate.0 '$5 .00 per month. In the summer of 1941, rural (Emmett) Nottingham. electrification came to Avon. wind: the "Wheel" came to rest. The Eagle-River flowed westward at a rapid pace about 300 feet from the Today willow, bushes and trees, almost hide the decaying structure built to Nottingham home. Emmett knew that most of the commercial electricity house the waterwheel from view. The roof sags nearer to the ground, bent by produced in the western states was generated by water power. His problem the heavy snows of many winters, Sawdust leaks from the two-foot-thick walls: was to harness the energy of the nearby stream and convert it to electrical the, heavy door rests on-the ground, able to swing neither closed nor open. power. The most obvious solution was to use a water wheel and a decision to A rusted screen taken from a potato sorter stands wedged between driftwood build one was made almost as soon as the idea was conceived, and rocks, _a reminder of days when it guarded the wheel from the ravages of There is some doubt this project would have materialized had it not been for the river. Emmett's wife. Myrtle, She had learned a great deal about electricity from Slender poles lean in one direction or another but still support frayed wires her brother. an electrician. She also had a natural flair for numbers and the that once carried- power to the banks of batteries. mysteries of science. Her role was to apply mathematics and physics to the The water wheel has been idle for nearly 40 years. Like many other objects. it prohl(,m of building a proper water wheel. Still stands in memory of its builders and their desire for progress in a world I)uring the summer of 1928 and on through the following winter, Emmett. that moves too slowly at times for those who live here. his eldest son Willis, and various hired men labored to construct the wheel. Thcv started with two sturdy wagon wheels affixed eight feet apart to a four-inch diameter steel shaft. The diameter of the wheels was increased to 12 fret by fastening oak beams to the spokes. The wheels were further joined by 24 paddles made from wooden planks two inches thick and 24 inches wide. The next step was to mount the wheel on its axle between heavy wooden beams in such a manner that the full force of water would be directly against the paddles. Several trials proved that the optimum force of water against the wheel produced 24 revolutions per minute. %Ivrtie had calculated that 2800 revolutions per minute were needed at the generator to produce two kilowatt hours of 110 volt electricity. They accomplished this by using a series of jack shafts and pulleys of varying diameters When all was in readiness the operation began and there was elect ricity' This was not to he the happy ending to a successful venture. No one had envisioned or calculated the whims of the turbulent but sometimes quiet river. I)urtng the heavy spring runoff. driftwood and rocks broke the paddles and sl/lwed the wheel, Water levels dropped considerably during the extreme winter cold. but the level was kept up by a channel diverting water to the wheel and a dam across the river. Chunks of ice caused as much trouble as driftwood. Ian I such conditions. the alternating current fluctuated, causing lights and ,,,fiances to flicker and sputter. Repairs were needed often. Ingenuu. and a desire for better things came forward once again. The Remains of water wheel with connr-chng shafts and ge'ors to generator electrical plant driven by the wheel was converted to direct current drawn from 1'hl,h, hr I'.,t ro 1.1 .\A1',11-1 C/AEI Land Co. RESTAURANT FOR SALE; Lorated in Eagle. just off the 1-70 interchange. Business has shown stead) Memo To: Honorable Mayor and Town Council Thu: Larry Brooks, Town Manager ?-zl-z From: Tambi Katieb, Community eve Date: July 1, 2004 Re: Community Development Update AVON C O L O R A D O Community Development will be providing you all with a brief update of several items at your work session, including: ¦ Comprehensive Plan update ¦ Development updates Community Development Update to Council July 13, 2004 Work session MEMORANDUM To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Jeff Layman, Chief of Police Date: July 7, 2004 Re: Bear Complaints 2004 Summary: Some Avon citizens have expressed concern about what they see as an increase in the number of bear sightings within the town this summer. The Avon Police Department has responded to 26 bear calls in 2004. This is more than twice as many as in each of the past two years, but far fewer than in 2001. We respond to each and handle it according to established guidelines, developed in cooperation with the Colorado Division of Wildlife. Most of the time, our response centers on doing nothing. If appropriate, we may try to encourage the bear to retreat to the Forest or BLM land. The Division of Wildlife has mounted an effort aimed at getting local governments to enact laws to prevent human refuse from becoming a staple in the bear diet, thereby reducing the number of bear/human conflicts. Previous Council Action: Previous councils have elected not to enact such legislation. Discussion: Avon police officers have responded to twelve bear calls in Wildridge and five in the Hurd Lane/Eaglebend Drive region, with the rest scattered throughout Avon. The Division of Wildlife may recommend a number of different ordinances aimed at keeping bears away from trash, including requiring bear-resistant or bear-proof containers and/or limiting the hours which trash may be left at curbside. Financial Implications: The cost of these measures is not known at this time. Town Manager Comments: TOWN OF AVON REGULAR COUNCIL MEETING AGENDA J U LY 13, 2004 - 5:30 PM MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO 1. Call to Order/ Roll Call 2. Citizen Input a. Special Events Update (Fraidy Aber) 3. Resolutions a. Resolution No. 04-25, Series of 2004, Resolution relating to Proposed Amendments to existing Non-Developable Areas in the Wildridge Planned Unit Development (Tambi Katieb) - Resolution addressing basic criteria to proposals in Wildridge that would request a change to existing platted "non developable areas". b. Resolution No. 04-26, Series of 2004, Resolution to amend the 2004 Budget (Scott Wright) - Amendment related to the new special event Lakeside Cinema & copier lease for police department 4. Ordinances Second Reading and Public Hearing a. Ordinance No. 04-08, Series of 2004, An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to Provide a Procedure for the Refund of Real Estate Transfer Tax Paid in Error (Scott Wright / John Dunn) First Reading a. Ordinance No. 04-09, Series of 2004, An Ordinance Authorizing Retail Liquor Stores or Liquor-Licensed Drug Stores in the Town of Avon to Conduct Alcoholic Beverage Tastings (John Dunn) - Ordinance that addresses the recently passed legislation at the State that allows tastings at the above referenced establishments. b. Ordinance No. 04-10, Series of 2004, An Ordinance Amending Title 9, Avon, Municipal Code, as it relates to Possession of Opened Containers of Vinous Liquor (John Dunn) - Ordinance that addresses the conflict between Avon's Code and the recently passed legislation at the State pertaining to open containers. 5. New Business 6. Other Business 7. Unfinished Business 8. Town Manager Report 9. Town Attorney Report 10. Mayor Report Avon Council Meeting. 04.07.13 TOWN OF AVON REGULAR COUNCIL MEETING AGENDA JULY 13, 2004 - 5:30 PM Paae 2 11. Consent Agenda a. Approval of the June 22, 2004 Regular Council Meeting Minutes b. Avon Public Library Lease (John Dunn) - Authorize signature of already approve Avon Public Library Lease which was not executed in 1993 c. Xerox Copier Lease for Police Department d. Metcalf Basin Drainage Improvements Project (Nottingham Road to 1-70) / Colorado Dept. of Transportation Utility Permit (Norm Wood) e. Resolution No. 04-27, Series of 2004, Resolution approving the Final Plat, Wildridge Bluff Townhouses, The Final Phase of Suncrest Townhomes, Phase II, A Resubdivision of a Part of Lot 7, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (3038 Wildridge Road) (Norm Wood) 12. Adjournment Avon Council Meeting.04.07.13 Memo To: Honorable Mayor & Town Council 91 From: Meryl Jacobs/Recreation Director Date: July 2, 2004 Re: Special Event update Summary: Summer is in full swing and staff will be present to update the council on the status of the Town of Avon's special events for the month of July. To be included in the update is a recap of Salute & the Triple Bypass Bicycle Tour and a description of the Thunderbird Arts Festival, Avon's Lakeside Cinema and the American Crown Circus. Town Manager Comments: Memo To: Thru: From: Date: Re: Summary Honorable Mayor and Town Council Lary Brooks, Town Manager AVON C O L O R A D O Tambi Katieb, Community Developm?-` July 1, 2004 Resolution 04-25, Non-Developable Areas in the Wildridge Planned Unit Development (PUD) At your last Council meeting, you asked staff to prepare a resolution that would set forth basic criteria to proposals in Wildridge that would request a change to existing platted "Non- Developable Areas". To be clear, Non-Developable Areas are unique to the Wildridge PUD and do not appear to other platted subdivisions in the Town. These platted areas are unique and separate from platted open space areas and platted drainage and utility easements, though they appear to support both drainage and open space functions by design. The Wildridge PUD contains the following restriction for these areas: "No development shall occur on the non-developable area without written specific approval of the covenants committee and the Town of Avon. Development shall include buildings, fences, signs, roads, and grading. Non-developable areas shall be physically undisturbed and left in their present natural state except for approved access and utility easements". Unfortunately, the policy criteria or basis for amending or altering these areas was not contained in the PUD or the original Wildridge Subdivision applications. As a result, should applications to alter or change these platted areas come before the Town, it is cumbersome to staff, the applicant, and the Council to qualify a rationale for amending the PUD and Subdivision from its current configuration. The intent of the resolution is to create clear policy for both existing residents and the development community to rely on when an application to change the configuration of existing non-developable areas is proposed. The resolution is not intended to create a barrier to proposals that may require a change to these areas, but instead, be clear on the community benefit that must be demonstrated through the application process. Resolution 04-25, Non-Developable Areas in the Wildridge Planned Unit Development July 13, 2004 Town Council Meeting Town Manager Comments: Resolution 04-25, Non-Developable Areas in the Wildridge Planned Unit Development July 13, 2004 Town Council Meeting TOWN OF AVON RESOLUTION NO. 04-25 SERIES OF 2004 A RESOLUTION RELATING TO PROPOSED AMENDMENTS TO EXISTING NON-DEVELOPABLE AREAS IN THE WILDRIDGE PLANNED UNIT DEVELOPMENT WHEREAS, Town Council recognizes and affirms the value of existing non- developable areas as they exist in the Wildridge Planned Unit Development (PUD) and the restrictions associated to development or encroachment of development in these areas as contained on the PUD subdivision plat; and WHEREAS, the Town Council finds that the merits of any application that proposes to amend the shape, configuration, or use of non-developable areas in the Wildridge PUD must continue to provide an overall public and community benefit; and WHEREAS, the Town of Avon would like to affirm general criteria and policy direction to the community related to the non-developable areas that exist in the Wildridge PUD; and WHEREAS, The Town of Avon prefers to see existing non-developable areas remain intact and in a natural state, however, recognizes that from time to time application may be made to amend these areas; and WHEREAS, the Town Council would like to set forth the following general criteria in order to consider applications to amend existing non-developable areas in the Wildridge PUD: The proposal to amend the area is in the best interest of the citizens of the Town through a significant reduction of existing density or development rights, as demonstrated through the application. 2. A substantial majority of interested parties and affected neighbors are in support of the proposal, as demonstrated through the application; F:ACouncil\Reso1utions\2004\Res 04-25 NonDevelopable Areas WR PUD.doc 3. The basic area is traded on a one-to-one basis so that the land designation is not reduced or diminished, the character, contiguity, natural conditions and intent of the existing area remains intact, as demonstrated through the specific site- development plan and application. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO that the Town Council hereby sets forth criteria as stated herein in order to preserve the intent and character of existing non-developable areas as contained in the Wildridge Planned Unit Development. ADOPTED THIS DAY OF , 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Mayor ATTEST: Town Clerk F:\Council\Resolutions\2004\Res 04-25 NonDevelopable Areas WR PUD.doc To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director Date: July 6, 2004 Re: Budget Amendment Resolution No. 04-26 Summary: Attached is a budget amendment for the General Fund. This amendment increases expenditures by $24,637 and revenues by $12,000 for the following purposes: • Lakeside Cinema - Increases expenditures by $22,684 for equipment, supplies and personnel. This increase is partially offset by advertising revenues in the amount of $12,000. • Xerox copier lease for Police Department - Increases expenditures by $1,953 for 5 monthly lease payments for a new copier. The existing lease terminates in July. Recommendation: Staff recommends that Council adopt the resolution discussed above as presented. Town Manager Comments: y Attachments: A - Resolution 04-26 B - Summary of Proposed Amendments C - Memorandum from Meryl Jacobs Page 1 RESOLUTION NO. 04-26 SERIES OF 2004 A RESOLUTION TO AMEND THE 2004 TOWN OF AVON BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY FUND AND AMENDING THE 2004 BUDGET FOR THE TOWN OF AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004, AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Town Council of the Town of Avon has adopted the 2004 budget; and WHEREAS, the Town Council reviewed the revised estimated revenues and expenditures for 2004; and WHEREAS, the Town Council finds it necessary to amend the 2004 budget to more accurately reflect the revenues and expenditures for 2004; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. That estimated revenues and expenditures for the following funds are amended as follows for 2004: Original or Previously Amended 2004 Budget General Fund Beginning Fund Balance $ 3,760,312 Revenues and Other Sources 9,554,250 Expenditures and Other Uses 9,624,900 Ending Fund Balance $ 3,689,662 Current Proposed Amended 2004 Budget $ 3,760,312 9,566,250 9,649,537 $ 3,677,025 1 Section 2. That the budget, as submitted, amended, and hereinabove summarized by fund, hereby is approved and adopted as the budget of the Town of Avon for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Town Manager and made part of the public record of the Town. ADOPTED this 13t' day of July, 2004. TOWN OF AVON, COLORADO Buz Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk 2 General Fund #10 Amendment No. 3 Fund Summary REVENUES Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeitures Investment Earnings Other Revenue Total Operating Revenues Other Sources Sales of Fixed Assets Transfer-In From Capital Projects Fund Transfer-In From Employee Housing Fund Capital Lease Proceeds Total Other Sources TOTAL REVENUES EXPENDITURES General Government Community Development Public Safety Public Works Recreation and Culture Total Operating Expenditures Other Uses Transfers-Out to Mall Maintenance Transfers-Out to Debt Service Transfers-Out to Wildridge SID Transfers-Out to Finance Authority Transfers-Out to Transit Transfers-Out to Sherwood Meadows Total Other Uses TOTAL EXPENDITURES NET SOURCE (USE) OF FUNDS FUND BALANCES, Beginning of Year FUND BALANCES, End of Year Original or Current Prev. Amend. Proposed Difference Actual Actual Budget Amendment Increase 2002 2003 2004 2004 (Decrease) $ 6,437,045 $ 6,396,695 $ 6,295,186 $ 6,295,186 $ _ 571,557 186,948 132,050 132,050 603,235 623,070 703,621 703,621 1,470,174 1,655,017 1,832,782 1,844,782 12,000 44,603 56,866 50,750 50,750 103,463 102,573 140,000 140,000 238,873 265,693 269,061 269,061 _ 9,468,950 9,286,862 9,423,450 9,435,450 12,000 2,362 378 5,000 5,000 - 200,000 50,000 50,000 1,407 _ - 339,000 75,800 75,800 3,769 539,378 130,800 130,800 _ $ 9,472,719 $ 9,826,240 $ 9,554,250 $ 9,566,250 $ 12,000 $ 1,962,978 $ 1,652,538 $ 1,736,894 $ 1,736,894 $ _ 480,411 416,569 502,610 502,610 - 1,561, 029 1,557,109 1,634,189 1,636,142 1,953 2,381,528 2,515,157 2,610,031 2,610,031 _ 1,931,794 1,939,224 2,020,557 2,043,241 22,684 8,317,740 8,080,597 8,504,281 8,528,918 24,637 25,000 _ _ 450,000 480,120 480,120 480,120 _ - - 2,500 2,500 _ 136,036 140,059 137,999 137,999 - 600,000 700,000 370,000 370,000 _ 182,500 150,000 130,000 130,000 _ 1,393,536 1,470,179 1,120,619 1,120,619 _ 9,711,276 9,550,776 9,624,900 9,649,537 24,637 (238,557) 275,464 (70,650) (83,287) (12,637) 3,723,405 3,484,848 3,760,312 3,760,312 $ 3,484,848 $ 3,760,312 $ 3,689,662 $ 3,677,025 $ (12,637) Page 1 General Fund #10 Amendment No. 3 Revenue Detail Culginal or Current Prev. Amend. Proposed Difference Account Actual Actual Budget Amendment Increase Number Description 2002 2003 2004 2004 (Decrease) Taxes: 51101 General Property Tax 51102 General Property Tax - Delinquent Collections 51103 General Property Tax - Interest 51201 Specific Ownership Tax 51301 Sales Tax 51302 Utility Tax 51304 Penalties and Interest 51306 Payments In-Lieu-Of Sales Tax 51402 Franchise Fees 51000 Total Taxes $ 1,239,112 $ 1,290,623 $ 1,309,558 $ 1,309,558 $ 28 - 250 250 2,293 2,642 1,500 1,500 162,683 147,760 149,256 149,256 4,684,094 4,125,558 3,383,890 3,383,890 107,129 116,981 120,000 120,000 15,841 18,407 15,000 15,000 - 449,231 1,090,732 1,090,732 225,865 245,493 225,000 225,000 6,437,045 6,396,695 6,295,186 6,295,186 Licenses and Permits: 52101 Liquor Licenses 3,005 5,736 3,500 3,500 52102 Business Licenses 19,255 20,415 20,000 20,000 52103 Contractor's Licenses 10,210 13,715 10,000 10,000 52201 Building Permits 477,114 111,951 82,000 82,000 52203 Plumbing Permits 24,381 12,990 7,500 7,500 52204 Mechanical Permits 24,326 14,992 7,500 7,500 52205 Road Cut Permits 13,016 7,149 1,450 1,450 52206 Other Licenses and Permits 250 - 100 100 52000 Total Licenses and Permits Intergovernmental: Federal Grants: 53199 Other Federal Grants Subtotal: Federal Grants State Grants 53299 Other Subtotal: State Grants State/County Shared Revenue: 53301 Conservation Trust 53302 Motor Vehicle Registration 53303 Highway User's Tax 53304 Cigarette Tax 53305 County Sales Tax 53306 Road & Bridge Fund Subtotal: Shared Revenue 53000 Total Intergovernmental 571,557 186,948 132,050 132,050 19,131 15,151 8,640 8,640 19,131 15,151 8,640 8,640 12,647 11,212 12,000 12,000 12,647 11,212 12,000 12,000 51,201 53,824 53,000 53,000 20,143 20,261 20,000 20,000 161,410 141,582 140,440 140,440 39,346 35,255 40,000 40,000 177,793 224,836 304,541 304,541 121,564 120,949 125,000 125,000 571,457 596,707 682,981 682,981 603,235 623,070 703,621 703,621 Page 2 General Fund #10 Amendment No. 3 Revenue Detail Original or Current Account Prev. Amend. Proposed Difference Number Actual Actual Budget Amendment Increase Description 2002 2003 2004 2004 (Decrease) Charges for Services: General Government: 54101 Sale of Map and Publications 600 361 500 500 54102 Photocopying Charges 885 1,483 1,500 1 500 54103 License Hearing Fees - 100 100 , 100 54104 Other Fees and Charges 392 1,844 1,250 1 250 54201 Plan Check Fees 86,886 98,549 59,800 , .59 800 54202 Subdivision Review Fees 177,530 218,058 83,400 , 83 400 54203 Design Review Fees 25,875 34,305 15,000 , 15 000 54204 Animal Control Fees 60 120 120 , 120 54205 Abatement Services - 1,536 100 100 54301 Police Reports 1,462 6,032 6,000 6 000 54302 Police Contract Services 4,055 4,713 6,750 , 6 750 54303 Fingerprinting Fees 1,667 1,872 2,500 , 2 500 54304 VIN Inspection Fees 13,259 11,718 11,000 , 11 000 54305 False Alarm Fees/Misc Police Dept Fees - - 400 , 54452 Sherwood Meadows Maintenance Charges 1,458 1,531 4,000 400 4,000 54453 Village at (Avon) Municipal Services 10,585 143,310 304,683 304,683 Subtotal: General Govern. 324,714 525,532 497,103 497,103 Recreation Facility: 54601 Admission Fees 861,709 836,190 990,000 990 000 54602 Program Fees 52,450 39,148 46,800 , 46 800 54603 Rentals 4,953 3,192 4,950 , 4,950 54604 Merchandise Sales 19,220 8,111 10,400 10,400 54605 Childcare 17,373 12,710 13,875 13,875 54606 Rec Center Services 10,460 16,292 17,000 17 000 54607 Fitness Program Revenues 8,559 8,626 6,554 , 6 554 54608 Locker Rental - 150 - , - Other Recreation: 54651 Adult Program Revenues 22,517 14,770 23,000 23,000 54652 Cabin Equipment Rentals 40,276 38,119 40,600 40,600 54653 Athletic Field Rentals 4,070 2,224 4,000 4,000 54654 Cabin Concessions 6,774 5,223 8,000 8,000 54655 Youth Program Revenues 59,864 71,344 77,500 77,500 54676 Sponsorships 19,440 50,050 70,000 70,000 54677 Advertisements 2,470 3,750 5,000 17,000 12 000 54678 Event Fees 15,325 19,586 18,000 18,000 , - Subtotal: Recreation 1,145,460 1,129,485 1,335,679 1,347,679 12,000 54000 Total Charges for Services 1,470,174 1,655,017 1,832,782 1,844,782 12,000 Page 3 General Fund #10 Amendment No. 3 Revenue Detail Original or Current Prev. Amend. Proposed Difference Account Actual Actual Budget Amendment Increase Number Description 2002 2003 2004 2004 (Decrease) Fines and Forfeitures: 55101 Court Fines - Traffic 55102 Court Fines - Criminal 55103 Court Fines - Parking 55104 Court Fines - General 55105 Court Costs 55106 Jury Fees 55107 Bond Forfeitures 55108 Miscellaneous Court Revenues 55000 Total Fines and Forfeitures 14,541 19,767 15,000 15,000 22,106 26,661 25,000 25,000 - 3,526 3,357 5,000 5,000 650 - 500 500 3,103 4,908 4,000 4,000 - 70 35 200 200 532 900 900 900 75 1,238 150 150 44,603 56,866 50,750 50,750 - Investment Earnings: 57101 Interest 103,463 102,573 140,000 140,000 - 57000 Total Investment Earnings 103,463 102,573 140,000 140,000 Other Revenues: 58101 Recreational Amenity Fees 70,901 89,612 160,337 160,337 58103 Recreational Impact Fee - 70,224 - - - 58106 Community Enhancement Fees 42,824 44,767 42,824 42,824 58109 Debt Issuance Fees - 20,997 11,900 11,900 58201 Lease of Town-Owned Property - 1,000 4,000 4,000 58999 Miscellaneous Nonclassified Revenues 125,148 39,093 50,000 50,000 58000 Total Other Revenues 238,873 265,693 269,061 269,061 - 50000 TOTAL REVENUES $ 9,468,950 $ 9,286,862 $ 9,423,450 $ 9,435,450 $ 12,000 Page 4 General Fund #10 Amendment No. 3 Department Expenditure Summaries Original or Current Prev. Amend. Proposed Difference Dept./Div. Actual Actual Budget Amendment Increase Number Description 2002 2003 2004 2004 (Decrease) General Government: Legislative: 111 Mayor and Town Council $ 102,659 $ 92,299 $ 95,549 $ 95,549 $ - 112 Boards and Commissions 12,728 11,591 15,342 15,342 113 Town Attorney 77,670 62,860 106,000 106,000 - 114 Public Relations 259,539 75,658 60,440 60,440 - 115 Town Clerk 86,707 77,842 94,763 94,763 - Total Legislative 539,303 320,250 372,094 372,094 - Judicial: 121 Municipal Court 76,061 68,967 71,118 71,118 - Executive: 131 Town Manager 313,188 213,099 233,083 233,083 - 132 Human Resources 137,725 107,643 113,958 113,958 Total Executive 450,913 320,742 347,041 347,041 - Finance Department: 141 Finance 434,103 416,985 448,266 448,266 142 Information Systems 160,746 114,710 128,761 128,761 - 149 Nondepartmental 301,852 410,884 369,614 369,614 Total Financial Administration 896,701 942,579 946,641 946,641 Total General Government 1,962,978 1,652,538 1,736,894 1,736,894 - Community Development: 211 Administration 132,324 100,926 103,668 103,668 212 Planning 130,993 121,773 193,954 193,954 213 Building Inspection 217,094 193,870 204,988 204,988 Total Community Development 480,411 416,569 502,610 502,610 Police Department: 311 Administration 345,503 262,510 268,154 270,107 1,953 312 Patrol 1,054,662 1,131,195 1,276,572 1,276,572 - 313 Investigations 83,173 82,300 89,463 89,463 - 315 Neighborhood Services 77,691 81,104 - - Total Police 1,561,029 1,557,109 1,634,189 1,636,142 1,953 Page 5 General Fund #10 Amendment No. 3 Department Expenditure Summaries Original or Current Prev. Amend. Proposed Difference Dept./Div. Actual Actual Budget Amendment Increase Number Description 2002 2003 2004 2004. (Decrease) Public Works: 411 Administration 157,671 127,614 89,504 89,504 - 412 Engineering 333,668 336,581 260,843 260,843 - 413 Roads and Streets 758,502 1,057,039 1,127,727 1,127,727 414 Facilities Maintenance 408,326 289,914 332,306 332,306 - 415 Parks 723,361 704,009 799,651 799,651 - Total Public Works 2,381,528 2,515,157 2,610,031 2,610,031 - Recreation and Culture: 513 Special Events 114,874 183,969 214,549 214,549 514 Administration 364,172 333,844 304,910 327,594 22,684 515 Adult Programs 113,781 83,476 87,242 87,242 - 516 Aquatics 364,660 377,420 372,447 372,447 - 517 Childcare 63,865 54,501 62,531 62,531 - 518 Fitness 140,636 127,389 103,419 103,419 - 519 Front Desk 223,420 198,548 225,630 225,630 - 520 Maintenance 468,897 495,561 561,070 561,070 - 521 Youth Programs 77,489 84,516 88,759 88,759 - Total Recreation and Culture 1,931,794 1,939,224 2,020,557 2,043,241 22,684 TOTAL OPERATING EXPENDITURES $ 8,317,740 $ 8,080,597 $ 8,504,281 $ 8,528,918 $ 24,637 Page 6 Memo To: From: Thru: Date: Re: Honorable Mayor & Town Council Meryl Jacobs/Fraidy Aber, Recreation Department Larry Brooks, Town Manager June 30, 2004 Budget Amendment for Lakeside Cinema Summary: The Recreation Department has raised $12,000 to date for sponsorship of the Lakeside Cinema, to be held in Nottingham Park this summer. The total cost of this event is $22,684. It will be necessary to amend the Departments 2004 budget as outlined below in order to operate the cinema. Financial Implications: Revise GL revenue code 54677 up $12,000 Revise the following line items up by the dollar amount described. 5tI 7 xWf-66403 +11,459 Projector, screen, speakers, dvd player 513-62302 + 225 miscellaneous supplies 513-61121 +1,500 250x6 staff 513-62807 +2,200 Scafolding & tools 513-63203 +4,000 Banners, posters 513-64901 +1,500 Promotion 513-63699 +1,800 Movie Rental 300x6 Town Manager Comments: RI A MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: REAL ESTATE TRANSFER TAX REFUNDS DATE: June 15, 2004 As directed by council at your last meeting, an amendment to the real estate transfer tax has been prepared for consideration by you. The amendment will authorize refunds of portions of the transfer tax paid in error because the purchaser was unaware of the principal residence exemption from the tax. Generally, the procedure for applying for the refund is the same as the procedure for applying for the exemption. The Town Manager is required to act on the application within ten days. If the application is denied, the applicant can appeal the decision to the Town Council. Staff is recommending, and there is included in the ordinance, a time limit of one year for application for the refund. Staff is concerned that having no time limit could expose the Town to an unlimited liability. Although the liability likely would not be a large one, it would raise questions with respects to the Town's budget and the audit. One year seems to be an appropriate time limit. Also, making the ordinance effective January 1, 2004, limits budgetary considerations to the present budget year. JWD:ipse TOWN OF AVON, COLORADO ORDINANCE NO. 04-08 AN ORDINANCE AMENDING CHAPTER 3.12, TITLE 3, MUNICIPAL CODE OF THE TOWN OF AVON, TO PROVIDE A PROCEDURE FOR THE REFUND OF REAL ESTATE TRANSFER TAXES PAID IN ERROR. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,COLORADO: Section 1. Amendment. Chapter 3.12 of Title 2, Avon Municipal Code, is amended by the addition of a Section 3.12.140 as follows: 3.12.140 Refund of tax paid in error. If the full amount of the tax is paid in error in connection with a transfer as to which the first one hundred sixty thousand dollars ($160,000) of the consideration paid is exempt, the transferee may apply to the Town Manager for a refund of the tax paid in error, without interest. Any such application for refund must be filed within one year after the day of recording of the deed causing the transfer. A failure of the Town Manager to act upon the application within ten (10) business days after receipt of the application shall be conclusively deemed to constitute approval of such application. Any person whose application is denied may appeal to the Town Council in accordance with Section 1.12.070(b) of this Chapter. Section 2. Applicability. This ordinance shall apply to transfers occurring after January 1, 2004. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 22nd day of June, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 13th day of July, 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Albert D. Reynolds, May r <- -rag4 yr. Patt cK nny, Town rk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 13th day of July, 2004. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney Ordinance No. 04-08 Transfer Tax Refund Page 2 of 2 MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: CORKING AND TASTING DATE: JULY 1, 2004 At you last meeting I received your direction to implement the state statute permitting alcoholic beverage tastings and to amend the Town's open container law to permit persons to remove from licensed establishments corked bottles of wine. The alcoholic beverage tastings ordinance simply allows tastings and adopts the restrictions of state statute. As you recall, those state restrictions are extensive. I see no reason to place additional restrictions as to time, number of days and number of tastings and understand that you agree. You will note that the ordinance, like the legislation, includes tastings in drug stores. There is no present need of that in Avon, but anyone considering having such a facility would want to know the Town's position. Also, technically, it may not be possible to implement the statute only in part. The amendment to the open container law, I think, is self-explanatory. JWD:ipse TOWN OF AVON, COLORADO ORDINANCE NO. 04-09 SERIES OF 2004 COLORADO: AN ORDINANCE AUTHORIZING RETAIL LIQUOR STORES OR LIQUOR-LICENSED DRUG STORES IN THE TOWN OF AVON TO CONDUCT ALCOHOLIC BEVERAGE TASTINGS BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section 1. Amendment. Chapter 5.08 of Title 5, Avon Municipal Code, is amended the addition of a Section 5.08.200 to provide as follows: 5.08.200 Alcoholic beverage tasting. In accordance with Section 12-47- 301(10)(a), C.R.S., retail liquor store and liquor-licensed drugstore licensees are authorized to conduct alcoholic beverage tastings subject to the limitations contained in Section 12-47-301(10), C.R.S., and subject to no additional limitations. No further application shall be required prior to the conducting of tastings. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 13th day of July, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 27th day of July, 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ATTEST: Patty McKenny, Town Clerk Albert D. Reynolds, Mayor INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 27th day of July, 2004. Albert D. Reynolds, Mayor ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk John W. Dunn, Town Attorney TOWN OF AVON, COLORADO ORDINANCE NO. 04-10 SERIES OF 2004 AN ORDINANCE AMENDING TITLE 9, AVON MUNICIPAL CODE, AS IT RELATES TO POSSESSION OF OPENED CONTAINERS OF VINOUS LIQUOR BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Subsection (B) of Section 9.12.080, Chapter 9.12 of Title 9, Avon Municipal Code, is amended by the addition of a new Paragraph (1) to provide as follows: "(1) It shall not be unlawful for any person to have in his or her possession or under his or her control one opened container of vinous liquor removed from a licensed premise pursuant to Section 12-47-411(3.5), C.R.S. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 13th day of July, 2004, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 27th day of July, 2004, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ATTEST: Patty McKenny, Town Clerk Albert D. Reynolds, Mayor INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the 27th day of July, 2004. ATTEST: Patty McKenny, Town Clerk Albert D. Reynolds, Mayor APPROVED AS TO FORM: John W. Dunn, Town Attorney MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL HELD JUNE 22, 2004 A regular meeting of the Town of Avon, Colorado was held at 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. Also present were Town Manager Larry Brooks, Town Attorney John Dunn, Assistant Town Manager Jacquie Halburnt, Town Clerk Patty McKenny, Community Development Director & Town Engineer Norm Wood, Finance Director Scott Wright, Police Chief Jeff Layman, Public Works / Transit Director Bob Reed, Recreation Director Meryl Jacobs as well as members of the press and public. Citizen Input Special Events Coordinator Fraidy Aber presented an update to the events that have taken place and the events that will be taking place over the remainder of the summer, i.e. Great Race Event, July 4th celebration, Triple Bypass Bicycle Tour, Thunderbird Art and Wine Affair. Senior Planner Tambi Katieb presented an update to the Avon's Comprehensive Plan Process. A meeting is scheduled for June 29th whereby the steering committee is asking for community input. He noted the meeting would be held in the Council Room. Mayor Reynolds acknowledged that most of the people in the audience were present to provide their input on the raising of the flagpole by Traer Creek, LLC. The following people approached the podium with comments regarding this action by Traer Creek: Paul Helens who read a letter from the Eagle-Vail Homeowner Association, Jeb Jennings read letter from Steve Sheldon, Craig McLeod, Andrew Catford, Henri Stone, John Perkinds, Ken Pierson, Jim Newsom, John Ladwau, Brett Pierson, Walter Dandy, Charlie Penwheel, Don Schefeck, Dave Svabik, Camerson Hancock, Tom Bassatt, Clark Shively, Magnus Lindholm, Tamara Underwood. (The minutes try to reflect the majority of the people who spoke on this topic, note some spellings of names may not be correct). At this time, Town Attorney John Dunn made a brief statement and noted for the public that most often "flagpoles" are considered as a "use by right" and owners of property have a right to use a flagpole and that there is no review process for this use. He noted that the height has been the concern, but under the PUD zoning guide, the Village does not have a height limitation for this type of structure. Town staff concluded that no height limitation existed with regard to this and therefore, there is nothing the Town can do about this situation. The property owner has the right to do this and it does not violate any of the Town's ordinances. Almost all of the comments were in opposition to the flagpole erected by Traer Creek, LLC mostly due to its height, concerns over lighting of the flagpole, noise associated with the size of the flag, exploitation of the flag, etc. Some requests were made of the Town Council to ask the developer to remove the flagpole and some requests were made that the Council not attend the dedication ceremonies on July 3rd. There were a couple of people who spoke out in support of the flagpole. Magnus Lindholm spent a few minutes explaining the reason behind the flagpole. Mayor Reynolds thanked the audience for attending and providing input. Ordinances Town Attorney John Dunn presented on first reading Ordinance No. 04-08, Series of 2004, An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to Provide a Procedure for the Refund of Real Estate Transfer Tax Paid in Error. At a prior meeting, the Council requested that legislation be drafted to accommodate a refund for those people who paid the exemption in error. Finance Director Scott Wright noted that a line item in the CIP Fund would provide the accounting mechanism to handle this type of transaction. He also noted that a letter has been sent to the title companies in Eagle County alerting them to this exemption. Some discussion ensued about the responsibility of the title companies to manage this piece of the transaction. Mayor Pro Tern McDevitt moved to adopt Ordinance No. 04-08, Series of 2004, An Ordinance amending Chapter 3.12, Title 3, Municipal Code of the Town of Avon, to Provide a Procedure for the Refund of Real Estate Transfer Tax Paid in Error. Councilor Wolfe seconded the motion and it passed unanimously. New Business Finance Director Scott Wright noted that auditors Clifton Gunderson presented the Town's 2003 audited Financial Statements at the earlier held work session and a motion to accept them was in order. He noted that the Town complied with all of the reporting requirements as required by GASB. Councilor Wolfe moved to accept the Town of Avon's 2003 Audited Financial Statements. Councilor D. Buckley seconded the motion and it passed unanimously. Other Business Councilor P. Buckley noted that the 2004 Beaver Creek Rodeo Series begins on Thursday and invited all to attend this fun event. Mayor Reynolds highlighted the festivities of July 4th weekend. Unfinished Business Councilor Wolfe made a statement regarding the erection of the flagpole in that he objected to the design of the flagpole, but supported the dedication services of the flagpole. He asked that everyone support the dedication service to be held on Saturday, July 3rd. He expressed his reasons for not liking the pole and expressed that a step was missed on behalf of the town in the process. Resident Tamara Underwood expressed that not only was the size of concern but the location was of concern as well, she had understood that it was to be erected in the park and was very disappointed in its current location. Town Manager Report Town Manager Larry Brooks invited all interested citizens to attend & provide input on a feasibility study on a community recreation center at Berry Creek / Miller Ranch at meetings to be held on Thursday, June 24th and Wednesday, June 30th. He expressed concern in that duplication of services provided in Avon at that location would have an impact on the existing facility in Avon. He also mentioned the that there would be a public meeting to be held this next Thursday to discuss Nottingham Road improvements. Attorney Report Town Attorney John Dunn noted that the Town & Traer Creek, LLC have reached an agreement on the calculation of the municipal services invoice. A meeting will take place next week to further discuss this topic. He will be attending CIVIL conference next week. Mayor Report Mayor Reynolds spoke about the difficulty with the flagpole issue and that maybe the developer would listen to some of what was said that evening. Regular Council Meeting Page 2 of 3 June 22, 2004 Consent Agenda Mayor Reynolds asked for a motion on the Consent Agenda. Mayor Pro Tern McDevitt moved to adopt the consent agenda. Councilor Sipes seconded the motion and it passed unanimously. a. Approval of the June 8, 2004 Regular Council Meeting Minutes b. East Beaver Creek Blvd. Street Improvements - Easement Appraisals Valuation Consultants, Inc. Appraisal Services Proposal c. Resolution No. 04-22, Series of 2004, Resolution Declaring the East Beaver Creek Boulevard (East Avon Phase II) Streetscape Improvements to be in Pursuance of a Public Purpose, and Authorizing all steps necessary and proper for acquisition of all Interest, Rights of Way and/or Easements needed to construct such Improvements d. Resolution No. 04-23, Series of 2004, Resolution Declaring the Nottingham Road Improvements (Phase 1) 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 e. Resolution No. 04-24, Series of 2004, Resolution approving the Final Plat, A Resubdivision of Lot 75, Block 1, Wildridge, Avon, Eagle County f. 2004 Street Repair & Improvements, B&B Excavating, Inc. - Construction Contract g. 2004 Street Repair & Improvements - Change Order One h. Music Contracts for Salute to U.S.A. There being no further business to come before the Council, the meeting adjourned at 7 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 June 22, 2004 Page 3of3 MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: LIBRARY DISTRICT LEASE DATE: JULY 1, 2004 As some of you know, I have been representing the Eagle Valley Library District since 2002. In connection with that representation, I have been doing some legal housekeeping. With this memorandum is a copy of the agreement between the Town and the Eagle Valley Library District for the Avon Public Library. As you can see, the lease itself is unsigned. Neither the Town nor the District is able to locate one that has been signed. As a matter of legal housekeeping, I ask that you authorize the mayor to sign the lease. I suggest that a date of January 1 be inserted in both blanks. JWD:ipse Agreement between Town of Avon and the Eagle Valley Library District This Agreement entered into this 14"'day of December 1993, by and between the Town of Avon, a body politic and corporate, by and through its Town Council (hereinafter the Town), and the Eagle Valley Library District, by and through its Board of Trustees, (hereinafter the District). WITNESSETH WHEREAS, the District has full authority to construct and operate library facilities within its district boundaries, and WHEREAS, the District desires to locate a Library Facility within the Town, and WHEREAS, the Town desires to cooperate with and encourage the location of a library facility by the District within the Town, and WHEREAS, the Town owns that certain parcel of land described on Exhibit A attached hereto, and WHEREAS, the Town and the District are authorized to enter into intergovernmental agreements pursuant to Title 29, Article 1, Part 2, Colorado Revised Statutes. NOW, THEREFORE, in consideration of the premises and mutual covenants contained in this agreement, the Town and the District hereby agree as follows: Article .1 Library Facility Design and Construction 1. The Town hereby grants an exclusive right to design the Library Facility to be located upon the parcel of land described on Exhibit A attached hereto and incorporated herein by reference (hereinafter the Construction Parcel.) 2. The term "Library Facility," as used herein, shall include by definition a building with a floor area which shall not exceed 15,000 square feet on the main level and which may contain up to 20,000 square feet of floor area including available future expansions, appurtenant sidewalks, lighting, landscaping, entryways, signage, underground utilitiesand may include such other things as may be determined by the District as necessary or appropriate facilities for the library. 3. The District shall obtain the approval of the Town, through the Town's design review process, prior to construction. The considerations for said approval shall be site layout, Page 1 of 5 aesthetic compatibility with adjacent facilities, landscaping, lighting, signage, and traffic patterns. Said approval shall not unreasonably be withheld. 4. Upon approval, the Town hereby grants to the District the right to construct the Library Facility within the Construction Parcel. 5. The District agrees to bear the full costs of installation of improvements upon the Construction Parcel. Said costs shall include the costs of relocation of utilities in an amount up to $50,000. The District shall deposit with the Town for the construction of said utilities a sum equal to the costs established within the Contractor's bid award for the relocation of utilities accepted by the Town, plus a ten percent (10%) contingency, which together shall not exceed $50,000. Said deposit shall be made no later than April 1, 1994. All unexpended funds shall be returned to the District. The District shall bear all costs, if any, of relocating the sewer main line in addition to its other obli-ation for utility relocation. 6. The Town agrees to waive all building permit fees, development review fees, plan check fees, master plan costs, and any other costs or fees imposed by the Town with regard to the development of the Library Facility. 7. To the extent necessary and mutually beneficial, the District and Town shall coordinate the installation of improvements respectively on the Construction Parcel and adjacent Town Parcels. Article 2 Ground Lease 1. The Town hereby agrees to grant a ground lease to the District for ninety-nine (99) years, for the property within the actual foot print of the building plus five (5) feet outside of the actual building. Said ground lease shall be substantially in the form of the agreement attached hereto as Exhibit B and incorporated herein by this reference. 2. Upon completion of construction, the District shall cause a legal description of the Lease Parcel to be prepared by a licensed surveyor. The parties shall then execute the ground lease. Article 3 Remainder Parcel 1. With regard to those portions of the Construction Parcel which are subsequently excluded from the Lease Parcel, (hereinafter, the Remainder Parcel), it is agreed that the District will bear the responsibility of installing the required, planned and approved improvements to the property. 2. Upon the execution of the Ground Lease, any and all interest held by the District in the Construction Parcel (except the interest created by the Ground Lease) shall terminate. Page 2 of 5 Responsibility. for the Remainder Parcel, including maintenance, shall fully vest with the Town. 3. The Town agrees to allow access and utilities across the Remainder Parcel and its other properties as may be reasonably necessary for the efficient construction and operation of the Library Facility. 4. Upon approval through the Town's design review process, the Town agrees to allow the use of the Remainder Parcel by the District for incidental library purposes which do not interfere with the primary functioning of the Remainder Parcel. For example, the installation of a book drop shall be permitted. Article IV Indemnification & InsurAnce 1. Indemnification by District. The District will indemnify and hold harmless the Town, its agents and employees, against any and all claims, debts, demands, or obligations which may be made against the Town or against its title in the premises, arising out of, or in connection with, any alleged act or omission of the District or any person claiming under, 'by or through the District. If it becomes necessary for the Town to defend any action seeking to impose any such liability, the District will pay the Town all costs of court and attorneys' fees incurred by the town in effecting such defense, in addition to all other sums that the Town may be called upon to pay by reason of the entry of a judgment against it in the litigation in which such claim is asserted. 2. Insurance. As soon as the District executes this agreement, the District shall cause to be written a policy or policies of insurance in the form generally known as public liability policies. In addition, if any boilers or elevators are included in improvements located within the Library Facilities, the District shall cause to be written boiler insurance and elevator insurance policies. The policies shall insure the District against all claims and demands made by any person or persons for injuries received in connection with the operation and maintenance of the premises, improvements, and buildings located within the Library Facilities and for any other risk insured against by such policies. Each class of policies shall be written within limits of not less than $150,000 for damages incurred or claimed by any one person for bodily injury and damages to property, and for not less than $600,000 for damages incurred or claimed by more than one person for bodily injury and damages to property per occurrence. Said limits shall be adjusted, without further amendment to this agreement, to be consistent with the limits established by the Colorado Governmental Immunity Act, as it may be amended from time to time. All such policies shall name the Town as the additional insured person. Page 3 of 5 Article V Additional Terms 1. No recourse. Notwithstanding anything to the contrary, the Town shall look solely to the interest of the District hereunder for the satisfaction of any remedy it may have hereunder or in connection herewith and shall not look to any other person, firm or corporation. No personal liability shall attach to any of its present or future officers, or directors, or. its successors or assigns, for any obligation hereunder or in connection herewith. 2. Written modifications. No modification, release, discharge, or waiver,of any provision hereof shall be of any force, effect, or value unless signed in writing by both parties. 3. Entire agreement. This instrument contains the entire agreement between parties as of this date. The execution hereof has not been induced by either party by representations, promises, or understandings not expressed herein. There are no collateral agreements, stipulations, promises or undertakings whatsoever upon the respective parties in any way touching the subject matter of this instrument which are not expressly contained in it. 4. Notices. All notices between the parties in connection with this Lease shall be in accordance with its terms. Notice shall be given by registered or certificate mail, deposited in the United States mails with postage prepaid. The notices shall be addressed as follows: For the Town: Bill James, Town Manager Town of Avon P.O. Box 253 Avon, CO 81620 John Dunn, Avon Town Attorney 108 S. Frontage Road West Vail, CO 81657 For the District: Charlynn Canada, Director Eagle Valley Library District P.O. Box 240 Eagle, CO 81631 Kevin B. Lindahl Attorney for the Library District P.O. Box 2100 Eagle, CO 81631 Either parry may change the place for giving notice by written notice in the manner set forth in this Section. Page 4 of 5 Severability. Should any section, clause, or provision of this agreement be declared invalid by any court, such decision shall not affect the validity of this agreement as a whole or any part thereof other than the part so declared invalid. Headings. Headings in this lease are for convenience and reference only, and shall not be used to interpret or construe its provisions. 7. Time of essence. Time is expressly declared to be of the essence of this Lease. IN WITNESS WHEREOF, the Town and the District have hereunto set their hands and seals, this clt*day oQ? ce,%ube r- , 19_?_3_. THE TOWN OF AVON, by and through its Town Council AT'T'EST: G By: Town Clerk Albert J. Reyn ds, ATTEST: THE EAGLE VALLEY LIBRARY DISTRICT, by and through its Board of Trustees By: Secretary Jud oder, P ide Page 5 of 5 t LEASE BETWEEN THE TOWN OF AVON, STATE OF COLORADO and the EAGLE VALLEY LIBRARY DISTRICT THIS LEASE made and entered into by and between The Town of Avon, State of Colorado ("the Lessor") and the Eagle Valley Library District, Eagle County, Colorado ("the Lessee"). The Lessor and the Lessee, for and in consideration of the keeping by the parties of their respective obligations hereinafter contained, agree as follows: Article I Demised Premises 1. Lessor's demise. Upon the terms and conditions hereinafter set forth, and in consideration of the payment of the rents and the prompt performance by the Lessee of the convenants and agreements, to be kept and performed by the Lessee, the Lessor does lease, let, and demise to the Lessee, and the Lessee hereby leases from the Lessor, the following described premises, situate, lying, and being in the Town of Avon, Eagle County, Colorado: See attached Exhibit "A" incorporated herein by this reference. 2. Conditions. The demise is likewise made subject to the following: a. All conditions, restrictions, and limitations now appearing of record; b. Any questions of survey, the Lessee having satisfied itself as to the boundary lines and contents of the above-described premises as well as with the sufficiency of the Lessor's present title; and c. The Lessee's proper performance of all the terms and conditions contained in this Lease. Article II Term To have and to hold the demised premises for a term commencing 1994, and ending , 2093, inclusive, unless terminated sooner as provided below. EXHIBIT "B" Agreement between Town of Avon and the Eagle Valley Library District Article III Rent Annual rentals. The Lessee shall pay the Lessor rent in the amount of One Dollar ($1.00) per year, prepaid, receipt of which is hereby acknowledged. Article IV Mechanics' Liens No lien. The Lessee shall not subject the Lessor's interest in the premises to any mechanics' or materialmen's liens or other lien of any kind. Lessee shall comply with the statutory procedures related to the payment of contractual obligations and claims for labor and materials. Article V Governing Law, Cumulative Remedies 1. Governing law. All of the rights and remedies of the parties shall be governed by the provisions of this instrument and by the laws of the State of Colorado. 2. Cumulative remedies. During the continuance of the Lease, the Lessor shall have all rights and remedies which this Lease and the laws of the State of Colorado assure to it. All rights and remedies accruing to the Lessor shall be cumulative; that is, the Lessor may pursue all rights that the law and this Lease afford to it, in whatever order the Lessor desires and the law permits without being compelled to resort to any one remedy in advance of any other. Article VI Indemnification of Lessor 1. Indemnification by Lessee. During the entire term of the Lease, the Lessee will indemnify and hold harmless the Lessor against any and all claims, debts, demands, or obligations which may be made against the Lessor or against its title in the premises, arising out of, or in connection with, any alleged act or omission of the Lessee or any person claiming under, by or through the Lessee. If it becomes necessary for the Lessor to defend any action seeking to impose any such liability, the Lessee will pay the Lessor all costs of court and attorneys' fees incurred by the lessor in effecting such defense, in addition to all other sums that the Lessor may be called upon to pay by reason of the entry of a judgment against it in the litigation in which such claim is asserted. 2. Insurance. As soon as the Lessee executes this lease, the Lessee shall cause to be written a policy or policies of insurance in the form generally known as public liability policies. In addition, if any boilers or elevators are included in improvements located on the demised premises, the Lessee shall cause to be written boiler insurance and elevator insurance policies. The policies shall insure the Lessee against all claims and demands made by any person or persons for injuries received in connection with the operation and maintenance of the premises, Page 2 W improvements, and buildings located on the demised premises and for any other risk insured against by such policies. Each class of policies shall be written within limits of not less than $150,000 for damages incurred or claimed by any one person for bodily injury and damages to property, and for not less than $600,000 for damages incurred or claimed by more than one person for bodily injury and damages to property per occurrence. Said limits shall be adjusted, without further amendment to this agreement, to be consistent with the limits established by the Colorado Governmental Immunity Act, as it may be amended from time to time. All such policies shall name the Lessor as the additional insured person. Article VII Insurance 1. Lessee's obligation. From and after the time the Lease commences, the Lessee will keep insured any and all buildings and improvements upon the premises against all loss or damage by fire and windstorm, together with "extended coverage." 2. Delivery of policies. The Lessee shall deliver to the Lessor a certificate of said insurance, and said policies shall not be cancelable without ten days' written notice to Lessor. Article VIII Insurance Premiums The Lessee shall pay premiums for all of the insurance policies it is required to carry under the terms of this Lease, and shall deliver to the Lessor evidence of such payment before the payment of any premiums become in default. The Lessee shall also cause renewals of expiring policies to be written. Article IX Utilities and Access 1. Access. Appurtenant to the demised premises, Lessor hereby grants easements across its property as may be reasonably necessary for access by agents, employees and guests of Lessee. Lessor agrees to permit Lessee's agents, employees and guests to park vehicles upon its property in parking areas while using the Library Facilities. 2. Utilities. Appurtenant to the demised premises, Lessor hereby grants easements across its property as may be reasonably necessary for utility service to the demised premises. Article X Financing The construction of the facilities is being financed through bonded indebtedness. Lessor agrees to cooperate fully with Lessee to the extent necessary to issue bonds, except such requirement of cooperation shall not include responsibility for any financial obligation. Page 3 Article XI Default. 1. Effect of default by Lessee. If at any time the Lessee fails to perform any covenant under this Lease, the Lessor shall give notice of said default. Lessee shall have ninety (90) days - or such longer period as may be mutually agreed upon by the parties - within which to come into compliance with regard to said covenant. If Lessee shall fail to come into compliance, Lessor may declare the lease term ended. In that event, the Lessor may re-enter upon any part of the premises and the building or buildings and improvements situated on it, either with or without process of law, the Lessee waiving any demand for possession of the premises and all buildings and improvements situated thereon. The Lessor shall also have all other remedies provided by law and this instrument. Within thirty (30) days of termination of the demised term, and the Lessor's election or in any other way, the Lessee shall peaceably surrender and deliver up the demised premises to the Lessor, or its agent or attorney. If the Lessee, or its agent, attorney, or tenants, holds the premises, or any part thereof, more than 30 days after the date for their surrender, according to the terms of this Lease, the Lessee shall be deemed guilty of forcible detainer of the premises under the statutes and shall be subject to eviction or removal, forcibly or otherwise, with or without process of law. Article XII Repair Obligations 1. During the continuance of this Lease, the Lessee shall keep in good state of repair and in first class condition all buildings, furnishings, fixtures, and equipment which Lessee brings, constructs, or places upon the demised premises. The Lessee shall not suffer or permit any strip, waste, or neglect of any building or other property to be committed. 2. Lessee may make additional improvements to the property, subject to the Lessee's causing plans for the new buildings or the new construction to be prepared in full accordance with all applicable laws, building codes, and zoning ordinances, and delivering the plans to the Lessor for its approval.. Article XIII Additional Covenants of Lessee 1. Legal use. The premises shall be used for legal purposes only. 2. Insurance claims. No damage or destruction to any building or improvements by fire, windstorm, or any other casualty shall be deemed to entitle the Lessee to surrender possession of the premises, to terminate this Lease, to violate any of its provisions, or to cause any rebate or reduction in the rent when due or thereafter becoming due under its terms. Not- withstanding the foregoing covenant , in the event of receipt by Lessee of insurance proceeds in an amount greater than thirty percent (30%) of the value of the improvements and a remaining term of the lease of fifty (50) years or less, Lessor shall extend the term of the lease for the period sufficient to make the remaining term of the lease ninety-nine (99) years. If Lessor shall refuse Page 4 such extension, Lessee may not be required to use the insurance proceeds to repair the improvement on the demised property. 3. Surrender of possession. On the expiration or other termination of this lease, Lessee's rights to use of the premises described herein shall cease, and Lessee shall vacate the premises without unreasonable delay. Except as otherwise provided in this agreement, the improvements, furniture, fixtures, equipment, and other property bought, installed, erected, or placed by Lessee in, on, or about the demised premises shall be deemed to be personalty and' shall remain the property of Lessee. Lessee shall have the right at any time during the term of this agreement, or any renewal or extension hereof, and for an additional period of ninety (90) days after the expiration or other termination of this agreement, to remove any or all of such property from the demised property - subject, however, to Lessee's obligation to repair all damage to the site, if any, resulting from such removal. Any and all property not removed by Lessee prior to the expiration of the aforesaid 90-day period shall thereupon become a part of the land on which it is located, and title thereto shall thereupon vest in Lessor. Article XIV Quiet Enjoyment So long as the Lessee keeps and performs all of its covenants and conditions under this Lease, it shall have quiet, undisturbed, and continued possession of the premises, free from all claims against the Lessor and all persons claiming under, by, or through the Lessor. Article XV Right of Entry The Lessor and its agents may enter upon the premises at all reasonable times to examine their condition and use, so long as that right is exercised in a manner that does not interfere with the Lessee in the conduct of its business on the premises. Article XVI Miscellaneous 1. Force majeure. If the Lessor or Lessee is delayed, hindered, or prevented from performing any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive government laws or regulations, riots, insurrection, the act, failure to act or default of the other party, war, or other reason beyond its control, then performance of the act shall be excused for the period of the delay. In that event, the period for the performance of the act shall be extended for a period equivalent to the period of the delay. 2. Estoppel certificates. Either party shall, without charge, at any time and from time to time hereafter, within ten days after the others' written request of the other, certify by Page 5 instrument duly executed and acknowledged to any mortgagee or purchaser or proposed mortgagee or proposed purchaser, or any other person, firm, or cooperation specified in the request as to: a. Whether this Lease has been supplemented or amended, and, if so, the substance and manner of the supplement or amendment; b. The validity and force and effect of this Lease, in accordance with its tenor as then constituted; C. The existence of any default thereunder; d. The existence of all offsets, counterclaims, or defenses thereto on the part of the other party; e. The commencement and expiration dates of the term of the Lease; and f. All other matters that may reasonably be so requested. Any such certificate may be relied upon by the parry who requested it and any other person, firm, or corporation to whom it may be exhibited or delivered, and the contents of the certificate shall be binding on the party executing it. 3. Duplicates; recordation. Either party shall, at any time, at the other's request, promptly execute originals of an instrument, in recordable form, which shall constitute a short form of lease. This will set forth a description of the demised premises, the term of this Lease, and any other portion thereof, except for the rental provisions, requested by either party. 4. No recourse. Notwithstanding anything to the contrary, the Lessor shall look solely to the interest of the Lessee hereunder for the satisfaction of any remedy it may have hereunder or in connection herewith and shall not look to any other assets of the Lessee or of any other person, firm or corporation. No personal liability shall attach to any of its present or future officers, or directors, or its successors or assigns, for any obligation hereunder or in connection herewith. 8. Covenants running with land; binding effect. All covenants, conditions, and obligations contained herein or implied by law are covenants running with the land and shall attach and bind and inure to the benefit of the Lessor and Lessee and their respective heirs, legal representatives, successors, and assigns, except as otherwise provided herein. 9. Non-Waiver. No waiver of a breach of any covenant in this Lease shall be construed to be a waiver of any succeeding breach of the same covenant. No delay or failure by either party to exercise any right under this Lease, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. Page 6 10. Written modifications. No modification, release, discharge, or waiver of any provision hereof shall be of any force, effect, or value unless signed in writing by both parties. 11. Entire agreement. This instrument contains the entire agreement between parties as of this date. The execution hereof has not been induced by either party by representations, promises, or understandings not expressed herein. There are no collateral agreements, stipulations, promises or undertakings whatsoever upon the respective parties in any way touching the subject matter of this instrument which are not expressly contained in it. 12. Notices. All notices between the parties in connection with this Lease shall be in accordance with its terms. Notice shall be given by registered or certified mail, deposited in the United States mails with postage prepaid. The notices shall be addressed as follows: For the Town: Bill James, Town Manager Town of Avon P.O. Box 253 Avon, CO 81620 John Dunn, Avon Town Attorney 108 S. Frontage Road West Vail, CO 81657 For the District: Charlynn Canada, Director Eagle Valley Library District P.O. Box 240 Eagle, CO 81631 Kevin B. Lindahl Attorney for the Library District P.O. Box 2100 Eagle, CO 81631 Either parry may change the place for giving notice by written notice in the manner set forth in this Section. In the event that there is a known successor to one of the individuals named above, notice may also be sent to the known successor. 13. Severability. Should any section, clause, or provision of this agreement be declared invalid by any court, such decision shall not affect the validity of this agreement as a whole or any part thereof other than the part so declared invalid. 14. Liability continued. All references to the Lessor and Lessee mean the persons who, from time to time, occupy the positions, respectively, of Lessor and Lessee. However, this shall not be construed as relieving a person of any liability incurred by reason of or in connection with it having been Lessor or Lessee at one time. Page 7 15. Headings. Headings in this lease are for convenience and reference only, and shall not be used to interpret or construe its provisions. 16. Time of essence. Time is expressly declared to be of the essence of this Lease. IN WITNESS WHEREFORE, the Lessor and the Lessee have hereunto set their hands and seals, this day of '19 THE TOWN OF AVON, by and through its Town Council ATTEST: By: Town Clerk Albert J. Reynolds, Mayor THE EAGLE VALLEY LIBRARY DISTRICT, by and through its Board of Trustees ATTEST: By: Secretary Judy Yoder, President 12/9/93 Page 8 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Scott Wright, Finance Director----- Date: July 7, 2004 Re: Xerox Lease Agreement Summary: The current Xerox copier lease for the Police Department expires in July. Because this copier is 4 years old and is has a high volume of usage (10,000+ copies/month) it is my recommendation to enter into a new lease rather than exercising the purchase option on the old lease. The monthly rate on the new copier will be $390.56 vs. the old monthly amount of $4,64.26 and includes maintenance. The new copier is 10 pages per minute faster and includes the new network scanning and e- mail features that the Town is now utilizing on all of its new copiers. Recommendation: I recommend that the Council approve the lease agreement attached and authorize the Finance Director to execute the agreement. Town Manager Comments: r? Page 1 LEASE AGREEMENT Full Legal Name Customer Name (Bill to) TOWN OF AVON DBA/Name Overflow Street Address 400 BENCHMARK RD. Box#/Routing PO BOX 975 City, State AVON, CO Zip Code 81620-0975 Tax ID# Customer Name (Install) TOWN OF AVON DBA/Name Overflow (if req'd) Installed at Street Address 400 BENCHMARK RD. Floor/Room/Routing PO BOX 975 City, State AVON, CO Zip Code 81620-0975 County Installed In Eagle Customer Requested Install Date04/26/2004 Lease Payment Information ? ADDlication Software Product (with serial number, if in place equipment) Purchase Option Down Payment Prev Install Fin'I Interm W V 1)350FCFIN I)SCNFAXIPK Consultipy Services : :: T H- Check all that apply ?Assoc./Coop. Name TttP, tx,ta.?crtnr Coete+ust XEROX. ©Negotiated Contract 4-071976500 ? DSA Contract #L-- ?Value Added Services: ?Attached Customer P.O. #s: Supplies: Lease: 19 State or Local Government Customer Int. Rate: % Total Int. Payable: $ UReplacement/Modification of Prior Xerox Agreement Agreement covering Xerox Equipment Serial# (or 95#): is hereby ? modified ? replaced Effective Date: Comments: Lease Information Lease Term : 60months NSupplies included in Base/Print Charges ? Refin. of Prior Agrmt.: ? Xerox (95#): ? 3rd Party Eq. Amt Refin: $ Int Rate: % of- a?yable: $ S 390.56 : MINIMUM LEASE PAYMENT (excl. of applic. taxes) Min. Lease Payment Mode ?Advance ? Arrears Price Information ? Adiustment Period Period A - Mos. Affected: - Period B - Mos. Affected: - Periodic Base Charge $ 390.56 Print Charge Meter 1: Prints I - + $ 0.0060 Prints - $ Prints Print Charge Meter 2: Prints 1 - $ Prints $ Periodic Min.# of Prints (based on Meter 1 Print Charges) ? Purchased Supplies ? Cash ? Fin'd Reorder # Qty Description rice Software Title nitial License Fee Annual Renewal Fee Cash 11 Finance Sui2nort v Total Price = Total Initial License Fees = ? Trade-In Allowance Total Allowance Applied toI ?Trade-In Equip. Balance: ?Price of Replcmnt. Equip.: Agreement Presented By: Xerox NamejChris Aubel Phone:(970)845-7870 FOR VJTllORl7FD 11Q INTI-RNAL (ill, ONL1 Accepted: Xerox. Corporation Bv, (.`ii,gir<rluri' nl -11rt IrvuYC rti S'i?rn er; Title: Da0. Worksheet: I I I I I? knit: 1 4 12 2004 l4-10 www.xerox.com ? K-16 Billing Additional Options (check all that apply) Suspension ? Run Length Plan NFixed Price Plan (check I as required) ? Per-Foot Pricing Months affected ? Extended Service Hours: ? June only ? J l l Description: /$ 0 mo. y on y u ©Attached Addenda: 54100 SLG(1) ? August only _ ? June - July ? Other Addenda: ? July - August CUSTOMER ACKNOWLEDGES RECEIPT OF THE TERMS OF THIS AGREEMENT (CONSISTING OF 7 PAGES INCLUDING THIS FACE PAGE) Auth. Signer Name: Scott Wright (Please Print Name oJAuthorized Signer) Signature:' tgnature o/. ofrori' .tgner) Auth. Signer Title:Controller / Asst Controller E-Mail: Min. Lease Pavment Freo. (periodic, excluding excess meter charges) ? Monthly ?Quarterly ? Semi-Annual ?Annual ? Other Date: Phone:(970)748-4055 xlTax Exempt (*Must attach Sales Tax Exei Xerox Form# 51860 (10/2003) 4/122004 Page I of 7 Periodic Min.# of Prints (based on Meter 1 Print Charges) Periodic Min.# of Prints (based on Meter 1 Print Charges) : The following terms apply to all lease transactions 1. PRODUCTS. The term "Products" shall refer collectively to all equipment (the "Equipment"), software, and supplies ordered under this Agreement. You represent that the Products are being ordered for your own business use (rather than resale) and that they will not be used for personal, household or family purposes. 2. NON-CANCELABLE LEASE. THIS AGREEMENT IS A LEASE AND IT CANNOT BE CANCELED CR TERMINATED EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOUR OBLIGATION TO MAKE MINIMUM LEASE PAYMENTS AND TO PAY ANY OTHER AMOUNTS DUE HEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT BE SUBJECT TO ANY DELAY, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM OR RECOUPMENT FOR ANY REASON WHATSOEVER, IRRESPECTIVE OF XEROX'S PERFORMANCE OF TS OBLIGATIONS HEREUNDER, INCLUDING PURSUANT TO SECTIONS 4 AND 23 HEREOF. ANY CLAIM THAT YOU NAY HAVE AGAINST XEROX MAY BE ASSERTED SOLELY AGAINST XEROX IN A SEPARATE ACTION. 3. LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY. A. The lease term for this Agreement shall commence upon installation of the Equipment; provided, however, for customer-installable Equipment, the lease term for this Agreement shall commence upon delivery of the Equipment. B. You agree to pay Xerox each Minimum Lease Payment, all Print Charges and all amounts due hereunder within thirty (30) days of the invoice date or on the due date listed on the invoice, whichever is earlier. Restrictive covenants on instruments or documents submitted for or with payments you send to Xerox will not reduce your obligations. C. You shall be responsible for any and all applicable Taxes, which will be included in Xerox's invoice unless you provide proof of your tax exempt status. "Taxes" shall mean any tax, assessment or charge imposed or collected by any governmental entity or any political subdivision thereof, however designated or levied, imposed on this Agreement or the amounts payable to Xerox by you for the billing of Products, Print Charges, services and maintenance of any kind; Taxes include, but are not limited to, sales and use, rental, excise, gross receipts and occupational or privilege taxes, plus any interest and/or penalty thereon, but excluding any personal property taxes and taxes on Xerox'snetinoate. Ifakixing authority determines that Xerox did not collect all applicable Taxes, you shall remain liable to Xerox for such additional Taxes. D. You, to the extent required by applicable law, authorize Xerox (or its agent) to obtain credit reports (including in connection with credit analysis or subsequent review, collection or enforcement of your obligations hereunder), make such other credit inquiries as Xerox may deem necessary, furnish payment history information to credit reporting agencies, and release to prospective assignees of this Agreement or any rights hereunder information Xerox has about you and this Agreement. Even if Products have been delivered, Xerox may, within sixty (60) days following its acceptance of this Agreement, revoke the Agreement if your credit approval is denied. 4. BASIC SERVICES. As a mandatory part of a Lease, Xerox (or a designated servicer) will provide the following Basic Services under this Agreement (unless you are acquiring Equipment for which Xerox does not offer Basic Services; such Equipment to be designated as "No Svc."): A. REPAIRS & PARTS. Xerox will make repairs and adjustments necessary to keep Equipment in good working order (including such repairs or adjustments required during initial installation). Parts required for repair may be new, reprocessed, or recovered. B. HOURS & EXCLUSIONS. Unless otherwise stated, Basic Services will be provided during Xerox's standard working hours (excluding Xerox-recognized holidays) in areas within the United States, its territories, and possessions open for repair service for the Equipment at issue. You agree to give Xerox reasonable access to the Equipment. Basic Services shall cover repairs and adjustments required as a result of normal wear and tear or defects in materials or workmanship (and shall exclude repairs or adjustments Xerox determines to relate to or be affected by the use of options, accessories, or other connected products not serviced by Xerox, as well as any non-Xerox alterations, relocation, service, supplies, or consumables). You agree to use the Equipment in accordance with all applicable manuals and instructions. You also agree to perform all operator maintenance procedures for the Equipment and to purchase all referenced parts, tools, and supplies needed to perform those procedures that are described in the applicable manuals and instructions. C. INSTALLATION SITE & METER READINGS. The Equipment installation site must conform to Xerox's published requirements throughout the term ofthis Agreement. If applicable, you agree to provide meter readings in the manner prescribed by Xerox. If you do not provide Xerox with meter readings as required, Xerox may estimate them and bill you accordingly. D. EQUIPMENT REPLACEMENT. If Xerox is unable to maintain the Equipment as described above, Xerox will, as your exclusive remedy for Xerox's failure to provide Basic Services, replace the Equipment with an identical product or, at Xerox's option, another product of equal or greater capabilities. If a replacement product is provided pursuant to this Section, it shall be subject to the terms and conditions of this Agreement, there will not be an additional charge for the replacement product and, except as set forth in Section 10 below, there will not be an additional charge for Basic Services during the then-current term during which Basic Services are being provided. E. CARTRIDGE PRODUCTS. If Xerox is providing Basic Services for Equipment utilizing cartridges designated by Xerox as customer replaceable ("Cartridges"), you agree to use only unmodified Cartridges purchased directly from Xerox or its authorized resellers in the United States. F. PC/WORKSTATION REQUIREMENTS. In order to receive Basic Services and/or Software Support for Equipment requiring connection to a PC or workstation, you must utilize a PC or workstation that either (1) has been provided by Xerox or (2) meets Xerox's published specifications. G. DELIVERY AND REMOVAL. Xerox will be responsible for all standard delivery and removal charges. You will only be responsible for any non-standard delivery or removal expenses incurred. 5. WARRANTY DISCLAIMER & WAIVERS. XEROX DISCLAIMS, AND YOU WAIVE, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. The parties intend this agreement to be a "finance lease" under article 2a of the uniform commercial code ("ucc"). Except to the extent expressly provided herein, you waive, to the extent permitted by applicable law, all rights and remedies conferred upon a lessee by article 2a of the ucc. 6. INTELLECTUAL PROPERTY INDEMNITY. Xerox will defend and indemnify you if any Product is alleged to infringe someone else's U.S. intellectual property rights provided you promptly notify Xerox of the alleged infringement and permit Xerox to direct the defense. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless it preapproves them in writing. To avoid infringement, Xerox may modify or substitute an equivalent Product, refund the price paid for the Product (less the reasonable rental value for the period it was available to you), or obtain any necessary licenses. Xerox is not liable for any infringement-related liabilities outside the scope of this Section including, but not limited to, infringement based upon a Product being modified to your specifications or being used or sold with products not provided by Xerox. 7. LIMITATION OF LIABILITY. Xerox shall not be liable to you for any direct damages in excess of $10,000 or the amounts paid hereunder, whichever isgreater; and neither party shall be liable to the other for any special, indirect, incidental, consequential or punitive damages arising out of or relating to this Agreement, whether the claim alleges tortious conduct (including negligence) or any other i* theory. Any action you take against Xerox must be commenced within two (2) years after the event that caused it. 8. ASSIGNMENT. A. If you wish to assign any rights or obligations under this Agreement, you shall provide a written notice to Xerox of such request for consent, with said notice including the name of the proposed assignee. Your request to assign this Agreement will be granted by Xerox if. (1) you are not in default under this Agreement or under any other agreement with Xerox; (2) the proposed assignee agrees to Section 3.D. of this Agreement titled "LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY" as applicable to it, for the purposes of the proposed assignment; (3) the proposed assignee meets Xerox's then current credit criteria for similar transactions as determined by Xerox in its sole discretion; and, (4) you and the proposed assignee execute a writing, in a form acceptable to Xerox, confirming said assignment. B. Xerox may assign this Agreement, in whole or in part, without prior notice to you and may release information it has about you related to this Agreement. Each successive assignee of Xerox shall have all of the rights but none of the obligations of Xerox hereunder. You shall continue to look to Xerox for performance of Xerox's obligations, including the provision of Basic Services, and you hereby waive and release any assignees of Xerox from any such claim. To the extent that Xerox notifies you of any such assignment, you shall make all payments due hereunder in accordance with the instructions of such assignees of Xerox. You shall not assert any defense, counterclaim or setoff that you may have or claim against Xerox against any assignees of Xerox. 9. MINIMUM LEASE PAYMENTS. Each Minimum Lease Payment (which may be billed on more than one invoice) includes a Periodic Base Charge, and may include a Periodic Minimum Number of Prints. The Minimum Lease Payments, Xerox Form# 51860t&c (01/2004) 04/12/04 Page 2 of 7 along with any additional Print Charges for prints made in excess of the Minimum # of Prints, cover your cost for the use of the Equipment and its maintenance (provided as Basic Services). 10. MAINTENANCE COMPONENT PRICE INCREASES. Xerox may annually increase that amount of the Minimum Lease Payment and Print Charges you are charged for maintenance of the Equipment (the "Maintenance Component"), each such increase not to exceed 10%. (For state and local government customers, this adjustment shall take place at the commencement of each of your annual contract cycles.) 11. TITLE, RISK & RELOCATION. Title to the Equipment shall remain with Xerox unless and until you exercise your option to purchase the Equipment. If you acquire title to the Equipment, you must comply with all applicable laws and regulations regarding the export of any commodity, technology and/or software. You agree that: (a) the Equipment shall remain personal property; (b) you will not attach any of the Equipment as a fixture to any real estate; (c) you will not pledge, sub-lease or part with possession of the Equipment or file or permit to be filed any lien against the Equipment; and, (d) you will not make any permanent alterations to the Equipment. The risk of loss due to your fault or negligence, as well as theft or disappearance, shall pass to you upon shipment from a Xerox controlled facility. The risk of loss due to all other causes shall remain with Xerox unless and until you exercise your option to purchase the Equipment. Unless and until title passes to you, all Equipment relocations must be arranged (or approved in advance) by Xerox. Equonent cannot be relocated outside of the United States, its territories or possessions until you have exercised the Purchase Option indicated in this Agreement. All parts/materials replaced, including as part of an upgrade, will become Xerox's property. 12. RENEWAL. Unless either party provides notice at least thirty (30) days before the end of the lease term of its intention not to renew the lease, it will be renewed automatically on a month-to-month basis at the same price and on the same terms and conditions. Billing will occur at the same frequency as the original lease. During this renewal period, either side may terminate this Agreement upon at least thirty (30) days notice. 13. BREACH & REMEDIES; LATE CHARGES & COLLECTION EXPENSES. A. If any payment is not received by Xerox on or before the die date, Xerox may charge you, and you agree to pay, a late charge to cover Xerox's costs of collection equal to $25.00 (or if less, the maximum amount permitted by law). B. You will be in default under this Agreement if (1) Xerox does not receive any payment within fifteen (15) days after the date it is due or (2) if you fail to cure any other breach hereunder within fifteen (15) days after receiving of notice of said breach. If you default, Xerox, in addition to its other remedies (including the cessation of Basic Services), may require immediate payment, as liquidated damages for loss of bargain and not as a penalty, of (a) all amounts then due, plus interest on all amounts due from the due date until paid at the rate of one and one- half percent (1.5%) per month (not to exceed the maximum amount permitted by law); (b) the remaining Minimum Lease Payments in the Agreement's term less any unearned finance, maintenance, and supply charges (as reflected on the lessor's books and records); (c) a reasonable disengagement fee calculated by Xerox, that will not exceed fifteen percent (15%) of the amount in (b) above (said amount is available from Xerox at any time upon request); and, (d) all applicable Taxes. In addition to paying the amounts required in the preceding sentence if you default, you shall either (1) return the Equipment to Xerox in the same condition as when delivered, reasonable wear and tear excepted, when requested to do so by Xerox, or (2) purchase the Equipment by paying Xerox the Purchase Option therefor and all applicable Taxes. If you elect to purchase the Equipment, title to the Equipment shall pass to you "AS IS, WHERE IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE after Xerox receives payment of the amounts required under (a), (b), (c), (d) and (2) above in this Section and the Purchase Option. Xerox's decision to waive or forgive a particular default shall not prevent Xerox from declaring any other default. In addition, if you defaaltunder this Agreentent, you agree to pay all of the costs Xerox incurs to enforce its rights against you, including reasonable attorneys' fees and actual costs. 14. CARTRIDGES. In support of Xerox's environmental leadership goals, cartridges packed with Equipment and replacement cartridges may be new, remanufactured or reprocessed. Remanufactured and reprocessed cartridges meet Xerox's new cartridge performance standards and contain new and/or reprocessed components. To enhance print quality, the cartridge(s) for many models of Equipment have been designed to cease functioning at a predetermined point. In addition, many Equipment models are designed to function only with cartridges that are newly manufactured original Xerox cartridges or with cartridges intended for use in the U.S. Equipment configuration that permits use of non-newly manufactured original Xerox cartridges may be available from Xerox at an additional charge. Certain cartridges are also sold as Environmental Partnership Cartridges; you agree that these cartridges remain the property of Xerox and you shall return them to Xerox for remanufacturing once they cease functioning. 15. EQUIPMENT STATUS. In support of Xerox's environmental leadership goals, and unless you are acquiring Previously Installed Equipment, Equipment will be either (a) "Newly Manufactured", which may contain some recycled components that are reconditioned; (b) "Factory Produced New Model", which is manufactured and newly serialized at a Xerox factory, adds functions and features to a product previously disassembled to a Xerox predetermined standard, and contains both new components and recycled components that are reconditioned; or, (c) "Remanufactured", which has been factory produced following disassembly to a Xerox predetermined standard and contains both new components and recycled components that are reconditioned. 16. PURCHASE OPTIONS. You may purchase the Equipment, "AS IS, WHERE- IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE, at the end of, or during, the lease term. You may purchase the Equipment at the end of the lease term for the Purchase Option indicated in this Agreement (i.e., either a set dollar amount or the Fair Market Value of the Equipment at the lease term's conclusion ("FMV" )), plus my applicable Taxes. You may purchase the Equipment at any time during the lease term by paying: (a) all amounts then due; (b) the remaining Minimum Lease Payments in the Agreement's term less any unearned finance, maintenance, and supply charges (as reflected on the lessor's books and records); (c) a reasonable disengagement fee calculated by Xerox (the amount of such fee to be available from Xerox at any time upon request); (d) the applicable Purchase Option; and, (e) all applicable Taxes. 17. PROTECTION OF XEROX'S RIGHTS. You hereby authorize Xerox or its agents to file, by any permissible means, all documents necessary to protect Xerox's rights as the Equipment Lessor (including any Uniform Commercial Code protective filings in favor of Xerox). You agree that Xerox can, but shall not be obligated to, take on your behalf and at your expense any action required to be taken by you under this Agreement and which you fail to take. 18. REPRESENTATIONS, WARRANTIES & COVENANTS. You represent, as of the date of this Agreement, that: (a) you have the lawfid power and authority to enter into this Agreement; (b) the person(s) signing this Agreement have been duly authorized to do so on your behalf, (c) by entering into this Agreement you will not violate any law or other agreement to which you are a party; (d) you are not aware of anything that will have a material negative effect on your ability to satisfy your obligations under this Agreement; and, (e) all financial information you have provided to Xerox is true and accurate and provides a good representation of your financial condition. In addition to the other provisions of this Agreement, you agree that during the term of this Agreement, you will promptly notify Xerox in writing if you move your principal place of business, if you change the name of your business or if there is a change in ownership. 19. NOTICES. Notices must be in writing and will be deemed given five (5) days after mailing, or two (2) days after sending by nationally recognized overnight courier, to your (or our) business address, or to such other address designated by either party to the other by written notice given pursuant to this sentence. For purposes of the foregoing sentence, the term "business address" shall mean, for you, the "Bill to" address listed on the first page of this Agreement and, for Xerox, our inquiry address set forth on the most recent invoice to you. 20. FORCE MAJEURE. Xerox shall not be liable to you during any period in which its performance is delayed or prevented, in whole or in part, by a circumstance beyond its reasonable control, which circumstances include, but are not limited to, the following: act of God (e.g., flood, earthquake, wind); fire; war, act of a public enemy or terrorist; act of sabotage; epide mic; strike orother labor dispute; riot; piracy or other misadventure of the sea; embargo; inability to secure materials and / or transportation; or, a restriction imposed by legislation, an order or a rule or regulation of a governmental entity. If such ac ircums anoe0cWM Xerox shall undertake reasonable action to notify you of the same. 21. MISCELLANEOUS. This Agreement constitutes the entire agreement as to its subject matter, supersedes all prior and contemporaneous oral and written agreements, and shall be construed under the laws of the State of New York (without regard to conflict-of-law principles). YOU CONSENT TO THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN MONROE COUNTY, NEW YORK. If a court finds any term of this Agreement to be unenforceable, the remaining terms of this Agreement shall remain in effect. Xerox may retain a reproduction (e.g., electronic image, photocopy, or facsimile) of this Agreement which shall be considered an original and shall be admissible in any action to enforce this Agreement. Xerox may accept this Agreement either by its authorized signature or by commencing performance (e.g., Equipment delivery). All changes to this Agreement must be made in a writing signed by both parties; accordingly, any terms on your ordering documents shall be of no force or effect. IN ANY ACTION TO ENFORCE THIS AGREEMENT, THE PARTIES AGREE Xerox Form# 51860t&c (01!2004) 04/12/04 Page 3 of 7 TO WAIVE THEIR RIGHT TO A JURY TRIAL. The following four sentences control over every other part of this Agreement and over all otherdoartrntsmw or later pertaining to this Agreement. We both intend to comply with applicable laws. In no event will Xerox charge or collect any amounts in excess of those allowed by applicable law. Any part of this Agreement that would, but for this Section, be read under any circumstances to allow for a charge higher than that allowed under any applicable legal limit, is limited and modified by this Section to limit the amounts chargeable under this Agreement to the maximum amount allowed under the legal limit. If, in any circumstances, any amount in excess of that allowed by law is charged or received, any such charge will be deemed limited by the amount legally allowed and any amount received by Xerox in excess of that legally allowed will be applied by us to the payment of amounts legally owed under this Agreement, or refunded to you. SOFTWARE TERMS: The following additional terms apply only to transactions covering Application Software and/or Xerox-brand Equipment: 22. SOFTWARE LICENSE. The following terms apply to copyrighted software and the accompanying documentation, including, but not limited to, operating system software, provided with or within the Xerox-brand Equipment acquired hereunder ("Base Software") as well as software specifically set out as "Application Software" on the face of this Agreement. This license does not apply to any Diagnostic Software or to any software / documentation accompanied by a clickwrap or shrinkwrap license agreement or otherwise made subject to a separate license agreement. A. Xerox grants you a non-exclusive, non-transferable license to use the Base Software within the United States, its territories, and possessions (the "United States") only on or with the Equipment with which (or within which) it was delivered. For Application Software, Xerox grants you a non-exclusive, non- transferable license to use this software within the United States on any single unit of equipment for as long as you are current in the payment of any indicated software license fees (including any Annual Renewal Fees). You have no other rights to the Base or Application Software and, in particular, may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer this software; (2) activate any software delivered with or within the Equipment in an unactivated state; or, (3) allow others to engage in same. Title to the Base and Application Software and all copyrights and other intellectual property rights in it shall at all times reside solely with Xerox and/or its licensors (who shall be considered third-party beneficiaries of this Agreement's software and limitation of liability provisions). Base and Application Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of the Equipment. Such disabling code may be activated if. (a) Xerox is denied reasonable access to the Base or Application Software to periodically reset such code; (b) you are notified of a default under any term of this Agreemem or, (c) your license is terminated or expires. B. Xerox may terminate your license for any Base Software (1) immediately if you no longer use or possess the Equipment or are a lessor of the Equipment and your first lessee no longer uses or possesses it, or (2) upon the termination of any agreement under which you have rented or leased the Equipment. C. If you transfer possession of the Equipment after you obtain title to it, Xerox will offer the transferee a license to use the Base Software within the United States on or with it, subject to Xerox's then-applicable terms and license fees, if any, and provided the transfer is not in violation of Xerox's rights. D. Xerox warrants that the Base and Application Software will perform in material conformity with its published specifications for a ninety (90) day period from the date it is delivered or, for software installed by Xerox, the date of software installation. Neither Xerox nor its licensors warrant that the Base or Application Software will be free from errors or that its operation will be uninterrupted. 23. SOFTWARE SUPPORT. During the period that Xerox (or a designated servicer) provides Basic Services for the Equipment but in no event longer than five (5) years after Xerox stops taking orders from customers for their acquisition of the subject model of Equipment, Xerox (or a designated servicer) will also provide software support for the Base Software under the following terms. For Application Software, Xerox will provide this same level of support provided you are current in the payment of all Initial License and Annual Renewal Fees (or, for programs not requiring Annual Renewal Fees, the payment of the Initial License Fee and the annual "Support Only" Fees): A. Xerox will assure that Base and Application Software performs in material conformity with its published specifications and will maintain a toll-five hotline during standard business hours to answer related questions. B. Xerox may make available new releases of the Base or Application Software that primarily incorporate coding error fixes and are designated as "Maintenance Releases". Maintenance Releases are provided at no charge and must be implemented within six (6) months after being made available to you. Each new Maintenance Release shall be considered Base or Application Software governed by these Software Terms. New releases of the Base or Application Software that are not Maintenance Releases, if any, may be subject to additional license fees at Xerox's then-current pricing and shall be considered Base or Application Software governed by these Software Terms (unless otherwise noted). Xerox will not be in breach of its software support obligations hereunder if, in order to implement, in whole or in part, a new release of Base or Application Software provided or made available to you by Xerox, you must procure, at your expense, additional hardware and/or software from Xerox or any other entity. You agree to return or destroy all prior releases. C. Xerox will use reasonable efforts, either directly and/or with its vendors, to resolve coding errors or provide workarounds or patches, provided you report problems in the manner specified by Xerox. D. Xerox shall not be obligated (1) to support any Base or Application Software that is two or more generations older than Xerox's most current release or (2) to remedy coding errors if you have modified the Base or Application Software. E. Xerox may annually increase the Annual Renewal and Support -Only Fees, ewh such increase not to exceed 10%. (For state and local-goverinneritcustomers, this adjustment shall take place at the commencement of each of your annual contract cycles.) 24. DIAGNOSTIC SOFTWARE. Software used to maintain the Equipment and/or diagnose its failures or substandard performance (collectively "Diagnostic Software") is embedded in, resides on, or may be loaded onto the Equipment. The Diagnostic Software and method of entry or access to it constitute valuable track secrets of Xerox. Title to the Diagnostic Software shall at all times remain solely with Xerox and/or Xerox's licensors. You agree that (a) your acquisition of the Equipment does not grant you a license or right to use the Diagnostic Software in any manner, and (b) that unless separately licensed by Xerox tod oAyouwillnot use, reproduce, distribute, or disclose the Diagnostic Software for any purpose (or allow third parties to do so). You agree at all times (including subsequent to the expiration of this Agreement) to allow Xerox to access, monitor, and otherwiseWw steps to prevent unauthorized use or reproduction of the Diagnostic Software. GOVERNMENT CUSTOMER TERMS: The following additional terms apply only to lease transactions with state and local government customers: 25. REPRESENTATIONS & WARRANTIES, FUNDING,TAXTREATMENT& PAYMENT A. REPRESENTATIONS & WARRANTIES. You hereby represent and warrant, as of the date of this Agreement, that: (1) you are a State or a fully constituted political subdivision or agency of the State in which you are located and are authorized to enter into, and carry out, your obligations under this Agreement and any other documents required to be delivered in connection with the Agreement (collectively, the "Documents"); (2) the Documents have been duly authorized, executed and delivered by you in accordance with all applicable laws, rules, ordinances and regulations (including, but not limited to, all applicable laws governing open meetings, public bidding and appropriations required in connection with this Agreement and the acquisition of the Equipment) and are valid, legal, binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of your governing body and hold the offices indicated below their signatures, each of which are genuine; (3) the Equipment is essential to the immediate performance of a governmental or proprietary function by you within the scope of your authority and shall be used during the lease term only by you and only to perform such function; and, (4) your obligations to remit payments under this Agreement constitute a current expense and not a debt under applicable state law and no provision of this Agreement constitutes a pledge of yourtmcorgeneral revenues and any provision that is so constnied by a court of competent jurisdiction is void from the inception of this Agreement. B. FUNDING. You represent and warrant that all payments due and to become due during your current fiscal year are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation currently available for the lease/purchase of the Equipment, and that it is your intent to use the Equipment for the entire lease term and to make all payments required under this Agreement. In the event that (1) through no action initiated by you your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal year after the first fiscal year and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to find a creditworthy assignee acceptable to Xerox in its sole discretion within your general organization who can continue this Agreement, this Agreement may be termirvied.Toeffect this termination, you shall, thirty (30) days prior to the beginning of the fiscal year for which your legislative body does not appropriate funds for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds and that you have made the required effort to find an assignee. Your notice must be accompanied by payment of all sums then owed through the current year to Xerox under this Agreement and must certify that the canceled Xerox Form# 51860t&c (01/2004) 04/12/04 Page 4 of 7 Equipment is not being replaced by equipment performing similar functions during the ensuing fiscal year. In addition, you agree at your expense to return the Equipment in good condition to a location designated by Xerox and that, when returned, the Equipment will be free of all liens and encumbrances. You will then be released from your obligations to make any further payments to Xerox beyond those due for the current fiscal year (with Xerox retaining all sums paid to date). C. TAX TREATMENT. This Agreement has been accepted on the basis of your representation that Xerox may claim any interest paid by you as exempt from federal income tax under Section 103(c) of the Code. You agree to comply with the information reporting requirements of Section 149(e) of the Code. Sudtcomplim= shall include, but not be limited to, the execution of 8038-G or 8038-GC Information Returns. You hereby appoint Xerox as your agent to maintain, and Xerox agrees to maintain, or cause to be maintained, a complete and accurate record of all assignments of this Agreement in form sufficient to comply with the book entry requirements of Section 149(a) of the Code and the regulations prescribed thereunder from time to time. Should Xerox lose the benefit of this exemption as a result of your failure to comply with or be covered by Section 103(c) or its regulations, then, subject to the availability of funds and upon demand by Xerox, you shall pay Xerox an amount equal to its loss in this regard. At the time of execution of this Agreement, you shall provide Xerox with a properly prepared and executed copy of US Treasury Form 8038 or 8038-GC. D. PAYMENT. Your payment is due within thirty (30) days of our invoice date. ADDITIONAL TERMS: The following additional terms apply only to the extent that you have agreed to one or more of the options described below: 26. SUPPLIES INCLUDED IN BASE/PRINT CHARGES. If this option has been selected, Xerox (or a designated servicer) will provide you with black toner, black developer, copy cartridges, and fuser ("Consumable Supplies') throughout the term of this Agreement. For full-color Equipment, Consumable Supplies shall also include color toner and developer. You agree that the Consumable Supplies are Xerox's property until used by you, that you wi 11 use them only with the Equipment, that you will return all Cartridges to Xerox for remanufacturing once they have been run to their cease-function point, and that you will return any unused Consumable Supplies to Xerox at the end of this Agreement. Shouklyouruseof Consumable Supplies exceed the typical use pattern (as determined by Xerox) for these items by more than 10%, you agree that Xerox shall have the right to charge you for any such excess usage. 27. REPLACEMENT / MODIFICATION OF PRIOR XEROX AGREEMENT. If this option has been selected, this Agreement will replace or modify a prior agreement between you and Xerox covering the specified equipment. If it is a replacement agreement, the prior agreement shall be null and void. If it is a modification, the prior agreement shall remain in effect except that any terms presented in this modification agreement that conflict with, or are additive to, any of the terms in the prior agreement shall take precedence over the terms in the prior agreement for the balance of the Agreement. In addition, modifications requiring a reamortization of your payments may include a one-timeadministrwive/ptocessing charge that will appear on your first bill under this revised arrangement. 28. XEROX AS FINANCIAL INTERMEDIARY. If this option has been selected, you are leasing specifically identified products that were selected by you and that are not sold by Xerox in the normal course of its business. If you have signed a purchase contract for such products, by signing this Agreement you assign your rights but none of your obligations under such purchase contract to Xerox. With regard to these products, you agree that Xerox is leasing them to you "AS IS, WHERE IS" and that XEROX HAS NOT MADE, AND YOU HEREBY WAIVE, ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT, and (b) ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS' SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Xerox assigns to you, to the extent assignable, any warranty rights it has to these products (which rights shall revert to Xerox if you breach this Agreement). You agree (1) that these products are not covered by Xerox's obligation to provide Basic Services; (2) to maintain a service agreement for these products with a service provider acceptable to Xerox throughout thisAgreemerfs term; (3) to pay all personal property taxes related to these products; and (4) to assign to Xerox any rights you have to these products until title passes from Xerox to you (which, subject to any software licenses surrounding the acquisition of these products, shall occur when you obtain title to all Xerox-brand Egrdpmentcovered by this Agreement). 29. FINANCED SOFTWARE TOTAL. If this option has been selected, the initial license fees for any Application Software set forth in this Agreementsimll be paid for through your Minimum Lease Payments. If you breach this license or any of your obligations regarding the Equipment, the full amount of the initial license fees shall be immediately due and payable. 30. FINANCED SUPPLIES TOTAL. If this option has been selected, the cost of any supplies you have purchased under this Agreement shall be paid for through your Minimum Lease Payments. If you breach any of your obligations regarding the Equipment, the full amount of the supply costs shall become ittunediatelydue and payable. 31. REFINANCE OF PRIOR AGREEMENT. If this option has been selected, the balance of your prior indicated agreement with Xerox or a third party shall be paid for through your Minimum Lease Payments. If your prior agreement iswithathud party, you hereby acknowledge that you have the right to terminate the agreement and agree to provide a statement from the third-party identifying the equipment at issue and the amount to be paid off (as well as a statement from you identifying the payee and mailing address for your payoff check). If your prior agreement was with Xerox, the use of this refinance option shall render your prior agreement null and void. If you breach this Agreement, the full amount of your prior agreement balance shall be immediately due and payable. 32. ADJUSTMENT PERIOD. If this option has been selected, your Minimum Lease Payment and/or Print Charges shall be adjusted in accordance with the information contained in the Adjustment Period portion of this Agreernemasa result, your initial payment(s) shall he different from those payable during the balance of this Agreement. 33. K-16 BILLING SUSPENSION. If this option has been selected, the Maintenance Component of your Minimum Lease Payment and Print Chargeswil be suspended each year during the months indicated. During these months, you agree that you will not use the Equipment and that Xerox shall not be responsible for providing Basic Services on it. If Xerox provides Basic Services during the K- 16 Billing Suspension period, you will be billed at Xerox's then-current rime and Materials ("T&M") rates for such Basic Services. 34. TRADE-IN EQUIPMENT. If this option has been selected, you are providing equipment to Xerox as part of this Agreement ("Trade-In Equipment") and the following shall apply: A. TITLE TRANSFER. You warrant that you have the right to transfer title to the Trade-In Equipment and that it has been installed and performing its intended function for the previous year at the address where the replacetrent equonent is to be installed. Title and risk of loss to the Trade-In Equipment shall pass to Xerox when Xerox removes it from your premises. B. CONDITION. You warrant that the Trade-In Equipment is in good working order, has not been modified from its original configuration (other than by Xerox), and has a UL label attached. You agree to maintain the Trade -inEquiprnew at its present site and in substantially its present condition until removed by Xerox. C. ACCRUED CHARGES. You agree to pay all accrued charges for the Trade-hi Equipment (up to and including payment of the Final Principal Payment Number) and to pay all maintenance, administrative, supply and finance charges for this equipment through the date title passes to Xerox. 35. RUN LENGTH PLAN. If this option has been selected, the first ten prints of each original (per run) are recorded and billed on both meters with all subsequent prints recorded and billed on Meter A only. (Note that if a 5090 family product covered by this plan has its document handler left open, all affected copies will be recorded and billed on both meters.) 36. FIXED PRICE PLAN. If this option has been selected, Xerox will forego its right to increase the Maintenance Component throughout the initial term ofthis Agreement. 37. PER-FOOT PRICING. If this option has been selected, all Print Charges will be billed on a per-foot basis, with each linear foot equal to one print. 38. EXTENDED SERVICE HOURS. If this option has been selected, Xerox will provide Basic Services during the hours indicated, with the first number establishing the number of eight-hour shifts covered and the second establishing the days of the week (e.g., 2 x 6 would provide service from 8:00 A.M. to 11:59 P.M., Monday through Saturday). The cost of this enhanced service coverage will be billed separately and, as such, is not included in your Minimum Lease Payment or Print Charges. 39. ATTACHED ADDENDA. If this option has been selected, you acknowledge that one or more specified addenda (as indicated) have been provided to you. These addenda, which provide additional terms relevant to the transactions covered hereunder, are hereby fully integrated into this Agreement. 40. NEGOTIATED CONTRACT. If this option has been selected, the Products identified in this Agreement are subject solely to the terms contained in (a) either (1) the identified Negotiated Contract for a lease transaction or (2) if there are no such terms in the Negotiated Contract, the terms set forth in this Agreement, aod, if Xerox Form# 51860t&c (01/2004) 04/12/04 Page 5 of 7 applicable and notwithstanding anything to the contrary set forth in the Negotiated Contract, (b) the "Additional Terns" portion of this Agreement for the selected option or options to the extent the subject matter of any such selected option is not addressed in the Negotiated Contract. 41. DSA CONTRACT NUMBER. If a DSA Contract Number has been inserted, the Equipment and/or software identified in this Agreement are associated with the Services being provided under the referenced Document Services Agreement ("DSA"), but such Equipment and/or software are subject solely to the terms contained in this Agreement. For customer support tools to manage your account online, visit your Account Management link @ www.xerox.com Xerox Form# 51860t&c (01/2004) 04/12/04 Page 6 of 7 THg Doc" &NT Cow4" XEROX AGREEMENT ADDENDUM (GOVERNMENTAL ENTITY As LESSEE) This ADDENDUM ("Addendum") amends the agreement between you and Xerox to which it is attached (the "Agreement"). The parties agree to the following terms: 1. Section 25(B) of the Agreement is deleted in its entirety and the following is inserted in its place: B. FUNDING. You represent and warrant that all payments due and to become due during your current fiscal year are within the fiscal budget of such year and are included within an unrestricted and unencumbered appropriation currently available for the lease/purchase of the Equipment, and that it is your intent to use the Equipment for the entire term of this Agreement and to make all payments required under this Agreement. In the event that (1) through no action initiated by you, your legislative body does not appropriate funds for the continuation of this Agreement for any fiscal year after the first fiscal year and has no funds to do so from other sources, and (2) you have made a reasonable but unsuccessful effort to find a creditworthy assignee acceptable to Xerox, in its sole discretion, within your general organization who can continue this Agreement, this Agreement may be terminated. To effect this termination, you shall, thirty (30) days prior to the beginning of the fiscal year for which your legislative body does not appropriate funds for such upcoming fiscal year, send Xerox written notice stating that your legislative body failed to appropriate funds and that you have made the required effort to find an assignee. Your notice must be accompanied by payment of all sums then owed through the current fiscal year to Xerox under this Agreement. In addition, you agree at your expense to return the Equipment in good condition to a location designated by Xerox and that, when returned, the Equipment will be free of all liens and encumbrances. You will then be released from your obligations to make any further payments to Xerox beyond those due for the current fiscal year (with Xerox retaining all sums paid to date). Except as specifically amended by this Amendment, all of the other terms set forth in the Agreement shall remain in full force and effect. Xerox Fonn# 54100_SLG (01/2004) 4/12,04 Page 7 of 7 THE DOCUMENT COMPANY XEROX. Detailed Specifications ara,: A?i a.en?w+t x,?. t =r. WorkCentre° Pro 35/45 X11 - 0 1 W WorkCentre Pro 35 shown with High-Capacity Feeder and Offsetting Catch Tray options. OUTPUT SPEED-printing and copying 35 images per minute (ipm) letter (8.5 x 117216 x 279 mm/A4) 25 ipm legal (8.5 x 147216 x 356 mm) 22 ipm ledger (11 x 17%279 x 432 mm/A3) r w4 Wozentre Pro 45 shown with High-Capacity Feeder and Office Finisher options. 45 images per minute (ipm) letter (8.5 x 117216 x 279 mm/A4) 36 ipm legal (8.5 x 147216 x 356 mm) 31 ipm ledger (11 x 17"/279 x 432 mm/A3) FIRST-IMAGE-OUT TIME-letter size, from platen to offsetting catch tray 4.6 seconds 1 3.4 seconds NETWORK PRINTING-SMart Network Controller Processor Intel" Celeroe 433 MHz Memory 128 MB RAM System Disk Minimum 9.1 GB Printer Languages PCL° 6 (PCL 5e) emulation (auto switching) PostScript 3 emulation TIFF PDF LCDS, SCS, XES and IPDS through third-party transforms ?Nw v WorkCentre Pro 55 shown with High-Capacity Feeder and Office Finisher options. 55 images per minute (ipm) letter (8.5 x 117216 x 279 mm/A4) 36 ipm legal (8.5 x 147216 x 356 mm) 31 ipm ledger (11 x 17°/279 x 432 mm/A3) 3.4 seconds NETWORK PRINTING-resolution, printing via CentreWare software PostScript emulation: 600 x 600 dpi for 128 or 256 levels of gray: 1200 x 1200 dpi and 1800 x 1800 dpi for 256 levels of gray via patented emulation process PCL emulation: 600 x 600 dpi 7 NETWORK PRINTING-printing features' Edge-to-edge printing Secure print Delay print (specific time) Sample set Booklet creation Cover selection Paper selection by attribute Multi-up Stapling (single/dual) Output tray selection Watermark Fit to new paper size Transparency interleave Banner sheet enable/disable Hole punching Image quality Save and recall driver settings PRINT PROTOCOLS AND NETWORKS Physical Ethernet 1 OOBaseT/1 OBaseT, 1 OBase2,1 OBase5 via adapter USB 1.1 port (optional) Wireless ethernet (IEEE 802.11 b) via third-parry adapters Operating Systems Microsof? Windows" 95, 98, Millennium" (Me), NT" 4.0, 2000, XP" Novell' NetWare" 4.x, 5.x, 6 Mac OS" 8.x, 9.x, OS X Solare 2.5.1, 2.6 and higher HP-UX" 10.2,11.x IBM Air 4.2 and higher Unux" Intel" -Red Hat" -Caldera" -Mandrakes" (LPRNG printing infrastructure) -Coret" (1386) TurboUnwe (1386) -SuSE- (1386) Unux Power PC" TurboLinux Server 6.0.2 Network Protocols TCP/IP: Internet Printing Protocol, LPR/LPD, Raw Socket Printing/Port 9100, NetBIOS, HTTP Netware: Bindery and NOS IPX/SPX, NDPS"/NEPS (with Server Gateway) AppleTalk": EtherTalk® Microsoft Windows Networking over IP and NetBEUI Continued 'Not all features are availalA in everv driver. PRINT PROTOCOLS AND NETWORKS Continued Administration Protocols DHCP, BOOTP, SNMP, WINS, DDNS, SLP9 v2, HTTP, RARP, DHCP Autonet Fonts PostScript 3:136 PostScript standard fonts PCL• 80 scalable fonts, line printer and bitmap format line printer fonts Font Management Utility for downloading additional fonts Print Drivers Environment PCL5e PCL 6 PostScript Windows 95/98/Me Bidirectional Bidirectional Bidirectional enhanced* enhanced* enhanced* Windows Bidirectional Bidirectional Bidirectional 2000/XP with user-selectable with user-selectable with user-selectable (Microsoft interface (standard interface (standard interface (standard certified) and enhanced) and enhanced) and enhanced) Windows NT 4.0 Bidirectional with user- Bidirectional enhanced Bidirectional with user- selectable interface selectable interface (standard** and (standard** and enhanced) enhanced) Macintosh? System N/A N/A Generic PPD Sac, 9.x, OS X Macintosh System 9.x N/A WA Bidirectional via AppleTalk Print Submission Tools Environment PCIL PostScript ---------- - -- Solaris 2.5.1, 2.6 and higher, Submission Tool only Submission Tool with full feature IBM AIX 4.2 and higher, LPRNG set (includes administration, printing infrastructure; Linux Intel GUI/TTY print driver and and Linux Power PC software installation) TIFF/PDF. Supported in Windows Submission Tool for any TIFF or 95/98/Me/NT 4.O/2000/XP PDF file *Enhanced: Xerox custom graphical user interface. * Standard: Driver based on Microsoft tree-structure user interface (includes Xerox features and functionality). CENTREWARE" INTERNET SERVICES-integrated device Web page Device Status Web server embedded on SMart network controller -Tray status/contents -Gonsumables status Print Queue viewing Complete job print queue management-hold, release, promote and delete Job Submission Print-ready files (PS, PCL, TIFF, PDF) Output feature selection Device Administration Allows simple, remote installation setting of configuration options and management of the device Browsers Windows XP, 2000/NT 4.0/Me./98/95: Netscape Navigator" 6.x, Microsoft Internet Explorer 5.x/6.x Macintosh 9.x/OS X: Netscape Navigator 6.x Linux: Netscape" Navigator 6.x NETWORK SCANNING (optio nal) Concurrency Scan while the system is printing copy or network print jobs, or while it is transferring scan-to-network or fax jobs Input Speed Scan at rated speed (35, 45 or 55 ipm) (letter/8.5 x 117216 x 279 mm/A4 long edge feed [LEq) at all resolutions Resolutions 600 x 600 dpi 300 x 300 dpi 200 x 200 dpi Maximum Scan Area 11.7 x 17'%297 x 432 mm Authentication Optional secure device login with network user name and password Supports Kerberos (Windows 2000/UNIX), SMB (Windows NT 4.0/Windows 2000), and Novell NetWare 4.x/5.x/6.x Optional PIN-based guest login Network Protocol Novell (NCP via IPX/SPX) FTP via TCP/IP SMB via TCP/IP File Formats TIFF 6.0 with G3 MH, G4 MMR or JPEG compression (single page or multiple pages) PDF (image only) with G3 MH, G4 MMR or JPEG compression Document Management One to six user-programmable metadata fields per scan job Fields Customized fields viewed on WorkCentre Pro user interface Variable data entered using virtual keyboard at WorkCentre Pro Scan Destinations Scan to network server Scan to remote e-mail destinations via direct SMTP addresses Scan to e-mail via optional CentreWare Scanning Services using MAPI 32-bit compliant e-mail client Scan to application (workflow, Electronic Document Management System) Scan to Microsoft Exchange Public Folders Scan to PC DesktoVm (Standard and Deluxe editions) ------------ - Scan to Windows XP client via WIA (Windows Image Aquisition) Continued NETWORK SCANNING (optional) Continued Network Scanning With Scan to network directory E-Mail Includes Scan to e-mail distribution Scan to Xerox or third-party applications Scan to Windows XP client (requires WIA driver downloadable from xerox.com) Scanning Software Scan to PC Desktop Standard-includes everything in Network Scanning With E-Mail, plus: Options - Xerox CentreWare Scanning Services (template-based scanning to desktops or e-mail for repetitive tasks) - ScanSofr PaperPort'O SE 1.0-image viewing and file management software - ScanSoft OmniPage® SE 1.0-OCR and file format conversion software Scan to PC Desktop Deluxe-everything in Network Scanning With E-Mail, plus: - Xerox CentreWare Scanning Services (template-based scanning to desktops or e-mail for repetitive tasks) - ScanSoft PaperPort Deluxe 8.0-advanced image viewing and file management/sharing software - ScanSoft OmniPage Pro 11. -advanced OCR and 81e format conversion software E-MAIL (included with Network Scanning option) Capability Direct document e-mail from device Manual address entry or directory (Exchange/Notes/LDAP) address searching Resolutions 600 x 600 dpi 300 x 300 dpi 200 x 200 dpi Maximum Scan Area 11.7 x 1 M97 x 432 mm/A3 Network Protocol SMTP, MIME encoded Authentication Optional secure device login with network user name and password Supports Kerberos (Windows 2000/UNIX), SMB (Windows NT 4.0/Windows 2000), and Novell' NetWare 4.x/5.x/6.x Optional PIN-based grist login DirectoryAccess Corporate address list via LDAPv3 (Exchange/Notes) Downloaded address list (comma-separated file format) File Formats TIFF 6.0 with G3 MH, G4 MMR or JPEG compression (single page or multiple pages) PDF (image only) with G3 MH, G4 MMR or JPEG compression COPYING Document Scanner Duplex Automatic Document Feeder with 75-sheet capacity Sides (inputoutput) 1:1,1:2, 2:2 and 2:1 Quantity 1 to 9,999 Resolution 600x600 dpi x 8 bit Concurmney Concurrent scanning and printing Digital Imaging AutolQ automatic digital image quality control Auto rotation 180° or 270° when needed Image shift Edge erase Edge-to-edge copying Auto centering Original type selection (normal, text, halftone, photo) Lighter/darker Background suppression Contrast Sharpness Screening Copy Pre-collation 384 MB, expandable to 512 MB Memory Reduction/Enlargement Variable zoom from 25% to 400% in 1 % increments Anamorphic zoom Six user-programmable percentages Special Features Auto paper select Auto reduction/enlargement to fit selected paper size Auto registration Auto tray switching Automatic job recovery Booklet creation N-up-six to one maximum for 8.5 x 117216 x 279 mm/A4 Transparency dividers (blank or printed) Negative image Mirror image Covers insertion (front only, front and back, back only; blank or printed) Build Job Page programming of tabs or paper inserts Store and recall job programming Job interrupt Bound document copying (produce multiple sets from stored job segments) Sample set Mixed-size originals Context-sensitive help screens Stapling (single/dual) with optional finisher Continued Copying Continued Foreign Device Interface Interface to third-patty access control devices, coin machines, card readers (optional) Supports a variety of vending stations available through the Xerox Custom Application Service USB Port (copier PC interface for uploadidownload of internal auditron data and customer device administration/software upgrade function only) Accessibility Option Xerox Copier Assistant" Software provides a PC-based alternative to the user interface touchscreen. Used in conjunction with a customer-supplied PC attached via the USB port, this software provides text-to-speech, screen magnification and easy PC keyboard access to basic and advanced copy features. INTERNET FAX (optional) Capability Direct document transmission to remote Internet Fax machines or e-mail clients (SMTP) Reception and automatic printout of documents sent via e-mail from remote Internet Fax machines or e-mail clients i Madmum Scan Area 11.7 x 1T/297 x 432 mm/A3 Authentication Optional secure device login with network user name and password Supports Kerberos (Windows 2000/UNIX), SMB (Windows NT 4.0/Windows 2000), and Novell Netware 4.x/5.x/6.x Optional PIN-based guest login Address Directory Corporate address list via LDAPv3 Access Downloaded address list (comma-separated file format) File Formats TIFF-FX profiles S, F with G3 MH or JPEG compression PDF (image only) with G3 MH, G4 MMR or JPEG compression Resolutions 600 x 600 dpi 300 x 300 dpi 200 x 200 dpi --- Network Protocols - SMTP POPS (RFC 1939) - Compliance ITU-T T.37 compliant NETWORK FAX SERVER INTEGRATION (optional) Provides walk-up faxing and hard-copy output of received faxes when integrated with third-party fax-server applications (fax server and software must be purchased separately from supplier). Transmission speeds, number of lines, compatibility and compression are dependent on fax server configuration. Far Send Features One- or two-sided scanning (up to ledger/11 x 17"/279 x 432 mm/A3) Phone number entry Add to send list (50 numbers maximum) Delay send (specific time) Resolution selection (fine, standard) Image quality selection (normal, text, halftone photo, photo, background suppression, seven levels of contrast, seven levels of sharpness Continued NETWORK FAX SERVER INTEGRATION (optional) Continued Fax Print Features One- or two-sided printing Quantity Staple on/off Collate on/off Secure print on/off Finisher output tray selection (top tray or main tray) Authentication Optional secure device login with network user name and password Supports Kerberos (Windows 2000/UNIX), SMB (Windows NT 4.0/Windows 2000), and Novell NetWare 4.x/5.x/6.x Optional PIN-based guest login Fax Vendors Multiple vendors, certified by the Xerox Business Partners Program. For details, visit www.xerox.com. DEVICE MANAGEMENT Management Support SNMP Version 1 and SNMP Version 2c trap MIB access (IETF-MIB II RFC 1213), host resources MIB RFC 2790, Printer MIB RFC v. 2 CenbeWars Network Device Discovery wizard (downloadable from xerox.com) Services Device Administration wizard (downloadable from xerox.com) Font management utility Xerox CenbvWare Web A Web-based server application for network administrators that permits Web browser-based device management from any workstation. Works with any SNMP-managed printer from any manufacturer. Requires Windows XP or 2000 (Professional or Advanced Server) and Internet Explorer 5.01 and higher Novell NDPS/NEPS Server gateway application: centralized management tool. (gateway for WorlrCenhv Pro) Xerox Centre Ware Provides added identification to the general discovery performed by Unicenter TNG and the ability to for Unicenter TNG" see the WorkCentre Pro under a Unicenter TNG Business Process View. Xerox Centre Ware' Provides for the identification of Xerox N-Series printers and WorkCentre Pro multifunction devices for Tivoli" NetView" in the general discovery performed by Tivoli NetView. Xerox Centre Ware* MC CentreWare MC Snap-in supports printer discovery and management for Microsoft Management Console (MMQ Xerox CenbvWare" Provides for the identification of Xerox N-Series printers and WorkCentre Pro multifunction devices in the general for HP OpenView" discovery performed by OpenView. Provides traps and message updates to the OpenView alarm browser and the ability to launch CentreWare Internet Services for device management directly from OpenView. Continued ....... ........... ................................ ............ .......... .................... ............ ..................... .._......................... ........... .......... ................. ...................... ............... ............. DEVICE MANAGEMENT Continued Xerox Plug and Plug and Print 2000 (PnP2000) is an administrative service program that simplifies enterprise-wide printer installs Print 2MO and relocations for Windows 2000 environments. The product discovers devices, automatically installs devices, enables sharing printers to users and provides install reports-all through a user-friendly interface. Xerox Device Types for Simplifies printing in SAP R/3 environments by providing users of SAP R/3 v4.6C, 4x and 3.x ERP applications with SAP Rd Environment enhanced WorkCentre Pro printing functionality. (PostScript and PCL): -Simplex or duplex printing --Finishing-single or dual stapling Tray pull location from any tray -Print security via PIN ID capability at the WorkCentre Pro Xerox SAP IO Provides built-in process intelligence that allows the printing of barcodes on any appropriately configured PostScript Intelligent Baicode printer on the SAP R/3 4x (or higher) network. Used in conjunction with Xerox Device Types for SAP R/3 Environment Utility and Xerox Font Center Barcode Fonts. Utility automatically calculates checksum, placement of start/stop characters and encoding of data string. PAPER HANDLING-Duplex Automatic Document Feeder Capecity* 75 sheets Speed 35 ipm (WCP35), 45 ipm (WCP45), 55 ipm (WCP55)-4.5 x 11"/216 x 279 mm long edge feed (LEF) Paper Sties Sensed Statement/5.5 x 8.57140 x 216 mm/A5 LEF or short edge feed (SEF) Letter/8.5 x 117216 x 279 mm/A4 LEF or SEF Legal/8.5 x 147216 x 356 mm SEF Ledger/11 x 177/279 x 432 mm/A3 SEF Weights 13 lb to 32 lb bond/50 to 120 gsm PAPER HANDLING-Front-Loading Paper Trays Number Two Capacity* 550 sheets each Sizes User adjustable from 5.5 x 8.57140 x 216 mm/A5 to 11 x_1 77/279 x 432 mm/A3 Weights 16 lb bond to 110 lb index/60 to 200 gsm Types Letterhead Bond Preprinted forms Plain Tab stock Envelopes (optional, Tray 2 only) Hole-punched Heavyweight Recycled paper Continued *Paper capacities are based on 20 lb bond/75 qsm stock: capacities will vary with different weight stocks. PAPER HANDLING-Bypass Tray Capacity* 100 streets Sizes 4.13 x 5.837105 x 148 mm to 11.7 x 177297 x 432 mm -------- -------- -- Weights 16 lb bond to 80 lb cover/60 to 216 gsm Types Letterhead Bond Preprinted forms Plain Tab stock Envelopes Hole-punched Heavyweight Recycled paper Label stock Transparencies PAPER HANDLING-High-Capacity Feeder Option Capacity* Two trays: 1,600 and 2,000 sheets Paper Size Letter/8.5 x 117216 x 279 mm/A4 LEF Weights 16 lb bond to 110 lb index/60 to 200 gsm Total Capacity* 4,800 sheets (with Bypass Tray, Front-Loading Paper Trays and High-Capacity Feeder) OUTPUT OPTION-Offsetting Catch Tray Option Capacity* 300 sheets (Letter/8.5 x 117/216 x 279 mm/A4) Sizes 4.25 x 5.5"/A6 to 11 x 17"/A3 OUTPUT OPTION-Office Finisher Option Top Tray Capacity:* 250 streets Stacidng Tray Capacity.* 2,000 sheets Sizes 4.25 x 5.5"/A6 to 11 x 17"/A3 - - Weights --- -------- - -------- 16 lb bond to 80 lb cover/60 to 216 gsm Stapling Single (any comer) and dual Auto stapling (50 sheets maximum) Offline stapling (40 sheets maximum) Statement, letter, legal, A5, A4, A3, tabloid sizes supported -- ------------------- Hole Punching Two** and three hole (N. America); two or four hole (Europe) (optional) *Paper capacities are based on 20 lb/75 gsm stock; capacities will vary with different weight stocks. **Not available at product introduction. FAX (optional) compatibility ITU (CCITT) Group 3 quality/resolution of 600 x 600, 300 x 300, 200 x 200, 200 x 100 dpi ` Speed/Modem(s) V.34 modem(s): 33,600 bps. Less than four seconds per page transmission time. ISDN via third-party adapter. -- ___ _? ? Speed/compression _ MMR, MR, MH - --- ??---- Far Send Features Auto fax transmission reduction Page-by-page job status at the machine Fax from platen Delay start Automatic memory reseed Automatic cover sheets Priority send Broadcast Fax Receive Features One- or two-sided printing, stapled or unstapled Reduction at reception to fit available paper Junk fax prevention Fax Reports Activity report Broadcasting Dial directory Transmission confirmation Pending fax Mailbox - - Fax Receive Mailboxes ---- -- -- -- - Up to 200 password-protected mailboxes Auto Dialing Total of 200 speed dials (single-line option) or 1,000 speed dials (dual-line option) Up to 200 dial groups with up to 200 recipients per group (single-line option) Up to 400 dial groups with up to 400 recipients per group (dual-line option) Auto radial Batch send ACCOUNTING Accounfing With Up-to-the-minute data on how the WorkCentre Pro system is being used; comprehensive usage tracking and Third-Party Server reporting; print, scan, copy and fax Applications (Optional) Multiple accounting vendors, certified by the Xerox Business Partner program. For details, visit www.xerox.com. Internal Auditron Tracks copy usage Supports up to 2,150 user accounts, 5,925 general accounts and 256 group accounts Auditron report printout available Ability to upload/download account and usage data via direct connection using Microsoft® Windows-based software AVERAGE MONTHLY VOLUME Recommended: 8,500 to 100,000 Recommended: 13,000 to 150,000 Recommended: 20,000 to 200,000 Duty Cycle: up to 200,000 Duty Cycle: up to 200,000 i Duty Cycle: up to 350,000 ....................................................................................................................................................................................................................... BASIC CONFIGURATIONS* Network Multifunction System with network controller, High-Capacity Feeder and Duplex Automatic Document Feeder Network Multifunction System with network controller, Stand and Duplex Automatic Document Feeder ACCESSORIES One-line tax option Two-line fax option Office Finisher Two-hole legal punch option (N. America)** Three-hole punch option (N. America) Two-hole punch option (Europe) Four-hole punch option (Europe) Foreign Device Interface Offsetting Catch Tray Network Accounting Enablement Network Scanning With E-Mail Network Fax Server Integration Internet Fax Image Overwrite Security Scan to PC Desktop Client Software USB 1.1 Port Copy Pre-Collation RAM Upgrade (256 MB) ELECTRICAL REQUIREMENTS 110-140 V Nominal, 60 Hz, 15A or 220-240 V Nominal, 50 Hz,10A POWER CONSUMPTION Running < 1151 watts < 1247 watts -- - < 1247 watts Standby < 255 watts < 284 watts - -- < 284 watts Low Power Mode < 184 watts < 223 watts < 223 watts Sleep Mode < 75 watts < 75 watts < 75 watts warm-up 99 seconds (maximum) 105 seconds (maximum) 105 seconds (maximum) Low-Power Recovery 30 seconds (maximum) 30 seconds (maximum) 30 seconds (maximum) *Features, configurations and options may vary by location. **Not avaiiable at product introduction. ENVIRONMENTAL CONSIDERATIONS Required Temperature 50° to 90° F (1 Do to 32° C) Range Required Relative 10% to 85% Humidity DIMENSIONS AND WEIGHT Fully Configured With Office Finisher Width 58.771,490 mm Depth 28.3'/720 mm Height Weight 43.971,115 mm 399lbs/181 kg SPACE REQUIREMENTS Fully Configured With Office Finisher- Movable Surface Width 88.3e/2,245 mm Depth 67'/1,700 mm CERTIFICATIONS SUPPLIES FCC Class A Compliant (U.S.), DOC Class A Compliant (Canada) 89/336/EEC (Europe) UL Listed (UL 1950, Third Edition) CB Certified (IEC 60950/EN 60950) 73/23/EEC (Europe) Novell Tested and Approved Windows Hardware Quality Labs 99/5/EEC (Europe) Description Order Number No, per Box Toner Cartridge 6R1046 2 Staple Cartridge 10811493 3 7871,981 mm Expected Yield 30,000 5,000 per cartridge Total satisfaction guaranteed. The exclusive Xerox Total Satisfaction Guarantee, recognized as unique in the industry, covers every Xerox WorkCentre* Pro which has been continuously maintained by Xerox or its authorized representatives under a Xerox express warranty or Xerox Maintenance agreement. You decide when you're satisfied. TOTAL 0 2003 XEROX CORPORATION. AH rgMs reserved. XEROX, The Document Compaq, the digfW R®. CentreWare®. WoikCenhaO Pro and Copier Assimm are irademarW of XEROX CORPORATION. Offer marks are trademarks a reg atered trademarks of the companies with which " are aesomaW. The 'Editor's Choice' logo is ftre erduswe serviu mark of Spew Says Acv lhffik e. In support of Xerox's erwirorowtW lsaderahlp goals. here models may "Win some recycled componmb dqt are recoriMoned. ENERGY STARO Is a U.S. regiswed mark As an ENERGY STAR0 Parbw, Xerox Corporation has determirW that these X P O praducb rtwt ft ENERGY STARO guidelines fa energy efffdency. Tefra Cfwice Environmental Ste, kx., of Canada has vedW 9W Mese pmdwb tanlam to aA appkable 6wYanmend Chda Ecoi-wo C R reQlsrarttenb br mhdmuad Ingest Ow pngraw" Product appeeraxe, WW sOWS a d or spedfretlors are subject to tftartpe w dmt notree. &W 36 USC 220806 61 OP71618g Worldwide Pwmw Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer'G? Anne Martens, Assistant Town Engineer Date: July 6, 2004 Re: Metcalf Basin Drainage Improvements Project (Nottingham Road to I-70) Colorado Department of Transportation (CDOT) Utility Permit Summary: The attached Utility Permit from CDOT is required for approval to construct the Metcalf Basin Drainage Improvements Project (Nottingham Road to I-70) within the CDOT Right-of-Way. The Utility Permit includes the standard list of conditions and is required to permit construction within the CDOT Right-of-Way. Staff recommends approval of the attached Utility Permit from CDOT in its general form. Recommendations: Approve the attached Utility Permit with CDOT for the Metcalf Basin Drainage Improvements Project (Nottingham Road to I-70). Town Manager Comments: I:AEngineering\CIP\Stormwater Metcalf (Mott To 170)\I.0 AdministrationAI.5 Permits\I.51 CDOT?CDOT Utility Permit MemO.Doc I STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic & Safety Utility Permitting Section 222 South 6`" Street, Room 100 Grand Junction, Colorado 81501 (970) 248-7230 FAX: (970) 248-7294 Date: June 30, 2044 Anne Martens Town of Avon P.O. Box 975 Avon, CO 81620 RE: Utility Permit # 12,167 Dear: Anne, WAMW Please find enclosed, Utility Permit number 12,167 with Standard and Special Provisions attached. You will find two (2) copies of the Permit. Please review the `Permittee' and `Activity Description' sections of the Permit for accuracy. Please note the changes/additions to the Standard & Special Provisions Please read carefully. The new provisions are in effect January 27, 2004. If the information is correct and you agree to the attached Standard and Special Provisions, please sign, attest and date both copies of the permit. Return to me at the above address, one copy of the permit (without attachments) with original signatures. Upon my receipt of the fully endorsed copy, the Permit shall become valid. Utility space in the ROW is becoming a concern. It may be necessary in the future to combine utility owner lines in a common trench in some locations. I must bring to your attention, that abandoning utilities in the Right of Way (ROW) will no longer be allowed, unless at CDOT direction. I may be reached at the above number should you have questions or, if I may be of further assistance. Sincerely, Mike Verketis Utility Coordinator/Inspector Xc: File Turner COLORADO DEPARTMENT OF TRANSPORTATION UTILITY PERMIT PERMITTEE Name DEPARTMENT USE ONLY Date issued 6/30/04 TOWN OF AVON Permit #'11,167 Address S.H.# 070A M.P. 165.7mm P.O. BOX 975 District 03 AVON, CO 81620 Section 02 Telephone: (970) 748-4114 Representative: ANNE MARTENS Patrol 3219 NOTICE TO PERMITTEE: You must notify owner or operator of underground utility facilities at least two (2) business days prior to making or beginning excavations in the vicinity of such facilities, as required under Section 9-1.5-103, Colorado Revised Statutes. CALL UTILITY NOTIFICATION CENTER OF COLORADO (UNCC), 1-800-922-1987, FOR MARKING OF MEMBER UTILITIES.. CONTACT NON-MEMBER UTILITIES DIRECTLY ACTIVfTV DESCRIPTION (Furnished by Permittee) PURPOSE ? Installation ? Adjustment ? Removal XX Maintenance of existing Facility FACILITY (Type, size, class of transmittant, design pressure or potential, etc.) RESTORE CULVERT OUTFALL CHANNEL & REMOVE ACCUMALATED SEDIMENT NATURE OF INSTALLATION XX Longitudinal (Parallel) ? Transverse (Crossing) ? Buried* XX Ground-mounted ?Attach. To Hwy. Str. No. LOCATION State Hwy. No. 070A County EAGLE City/Town AVON Milepoint(s) 165.7mm Intersecting Feature(s):.9 MILES WEST OF AVON INTERCHANGE ADDITIONAL REMARKS CURRENT INSURANCE CERTIFICATE ON FILE For underground facility location information, contact: UNCC/CDOT Telephone 1-800-922-1987 4970) 248-7230 SPECIAL PROVISIONS (completed by the Department) The Special Provisions are terms and conditions of this permit. Any work shall only be in accordance with the approved plans and special provisions as set forth in this permit and its attachments. The CDOT inspector is ROBERT TURNER Telephone (970) 845-1027 Fax (970)845-1027 Work is to be completed on or before: 10/30/04 or within days, (as applicable) Work time restrictions: DAYLIGHT HOURS ONLY NO WEEKENDS OR HOLIDAYS Designated minimum cover is N/A Designated overhead clearance is N/A (ALSO SEE ATTACHED STANDARD PROVISIONS, AND ADDITIONAL SPECIAL PROVISIONS), (TRAFFIC CONTROL MUST CONFORM TO THE MUTCD) Other: FIELD INSPECTOR SHALL BE NOTIFIED 48 HOURS PRIOR IS TO BEGIN OR PERMIT IS VOID Permittee is prohibited from commencing any work within highway ROW prior to issuance of a fully endorsed and validated permit. Permit, plan exhibit, insurance certificate(s), and traffic control plan must be available on site during work. High visibility vests are required at all times during working hours. 1. Your request to use and/or occupy state highway system rights of way as described above is granted subject to the terms and conditions of this permit, including the Standard and Special Provisions as shown on the permit and all attachments hereto. 2. To the extent authorized by law, Permittee hereby assumes, releases and agrees to indemnify, defend, protect, and save the State of Colorado harmless from and against any loss and/or damages to the property of the State of Colorado, third parties or the Permittee's facilities, and all loss and/or damage on account of injury to or death of any person whomsoever, arising at any time, caused by or growing out of the occupation of Colorado State Highway rights of way by Permittee's facilities or any part thereof, including but not limited to installation, adjustment, relocation, maintenance or operation, or removal of existing facilities, unless such loss and/or damage arises from the sole negligence or willful conduct of the State of Colorado or its employees or agents. 3. Failure by the Permittee to comply with any of the included terms or conditions may subject this permit to suspension or cancellation, at the discretion of the Department of Transportation. 4. THIS PERMIT IS NOT VALID UNTIL FULLY ENDORSED BY ALL PARTIES, WITH DATE OF ISSUE AFFIXED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT. A FULLY EXECUTED COPY OF THIS PERMIT MUST BE ON FILE AT THE TRANSPORTATION REGION OFFICE. 5. In accepting this permit the undersigned, representing the Permittee, verifies that he or she has the authority to sign for and bind the Permittee, and that he or she has read, understands and accepts all the included conditions. Attested Date ; Signature Date Title I Title COLORADO DEPARTMENT OF TRANSPORTATION By Date Chief Engineer ED FINK /MIKE VERKETIS 6/30104 CL)(-) I corm 4 S SSa Kev. uz/II l STANDARD PROVISIONS FOR UTILITY and OTHER PERMIT OPERATIONS . The Standard Provisions are terms and conditions of this permit Effective May 2001 Utility work authorized under this permit shall comply with the requirements of the CDOT Utility Manual, and applicable federal, state, local, and industry codes and regulations. Construction of any portion of the highway facility, including the pavement structure, subsurface support, drainage, landscaping elements, and all appurtenant features, shall comply with the provisions of the CDOT Standard Specifications for Road and Bridge Construction, and with the Colorado Standard Plans (M & S Standards). 24-10-114 CRS = Section 24-10-114, Colorado Revised Statutes 1973, as amended ROW = Right of Way COMMENCEMENT AND COMPLETION Work on highway ROW shall not commence prior to issuance of a fully endorsed and validated permit. Permittee shall notify the CDOT inspector: 1) 2 working days before commencing work on ROW; 2) When suspending operations for 5 or more working days; 3) 2 working days before resuming suspended work; and 4) Upon completion of work. Work shall not proceed beyond a completion date specified in the Special Provisions without written approval of the Department. PLANS, PLAN REVISIONS, ALTERED WORK Plans or work sketch (EXHIBIT A) are subject to CDOT approval. A copy of the approved plans or sketch must be available on site during work. Plan revisions, or altered work differing in scope or nature from that authorized under this permit, are subject to CDOT prior approval. Permittee shall promptly notify the CDOT inspector of changed or unforeseen conditions, which may occur on the job. TRAFFIC CONTROL Whenever the work will affect the movement or safety of traffic, Permittee shall develop and implement a traffic control plan, and utilize traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site and the safety of the utility work force. High visibility vests shall be worn at all times during work. The traffic control plan and the application of traffic control devices shall conform to the Manual on Uniform Traffic Control Devices and Colorado Supplement thereto, and with the Department's traffic signing Standard Plans S 630-1 and S 630-2. Permittee's traffic control plan is subject to CDOT approval prior to commencing work on highway ROW. A copy of the approved traffic control plan must be available on site during work. CLEAR ROADSIDE CONSIDERATIONS CDOT is committed to provide a roadside area that is as free as practical from nontraverseable hazards and fixed objects ("clear zone"). New above ground installations may be permitted within the clear zone only upon a showing that no feasible alternate locations exist. Permittee must utilize appropriate countermeasures to minimize hazards. Permittee shall remove materials and equipment from the highway ROW at the close of daily operations. The traffic control plan must include protective measures where materials and equipment may be stored on ROW. Protection of open trenches and other excavations within highway ROW shall be addressed in the Permittee's traffic control plan. Permittee agrees to promptly undertake mitigating or corrective actions acceptable to the Department upon notification by CDOT that the installation permitted herein has resulted in a hazardous situation for highway users. INSURANCE Permittee shall procure and maintain general public and auto liability and property damage insurance covering the operations under this permit, in the amounts specified in 24-10-114 CRS. Policies shall name the State of Colorado as additional insured party. Like coverage shall be firrnished by or on behalf of any subcontractors. Certificates of insurance showing compliance with these provisions shall be attached to and made a part of this permit; copies must be available on site during work. WORK WHERE DEPARTMENT LACKS AUTHORITY Utility work within municipal boundaries (pursuant to 43-2-135 CRS), on certain public lands, or on private property, may require separate approval of the appropriate jurisdictional agency or property owner. INSTALLATIONS ON FREEWAYS CDOT may permit utility accommodations on freeways, including but not limited to the Interstate System, only in accordance with Utility Manual provisions. Special case exceptions as defined therein may be permitted only in accordance with FHWA-approved Departmental policy. JOINT USE ALTERNATIVES As directed or approved by CDOT, if necessary for the safe and efficient use of the ROW, Permittee shall utilize joint use facilities such as the placement of two or more separate lines in a common trench, or attachment to the same overhead support. The Permitte will be responsible for proper coordination with other affected utilities. ATTACHMENT TO HIGHWAY STRUCTURES Permittee is responsible for designing structure attachments, subject to the approval of the CDOT Staff Bridge Design Engineer. DRAINAGEWAYS AND WATERCOURSES The flow of water shall not ever be impaired or interrupted. Where possible, crossings of ditches, canals or water-carrying structures shall be bored orjacked beneath. Irrigation ditch or canal crossings require approval of the ditch company or owner. Permittee shall repair damage to any drainage facility to the satisfaction of the owner. GENERAL CONSTRUCTION REQUIREMENTS Work shall not be performed at night or on Saturdays, Sundays, or holidays without prior authorization or unless otherwise specified in this permit. CDOT may restrict work on ROW during adverse weather conditions or during periods of high traffic volume. Those areas within ROW which must be disturbed by permit operations shall be kept to a practical minimum. Permittee shall not spray, cut, or trim trees or other landscaping elements within highway ROW, unless such work is otherwise specified in this permit, or clearly indicated on the approved plans. Cleated or tracked equipment shall not work on or move over paved surfaces without mats. Material removed from any portion of the roadway prism must be replaced in like kind with equal or better compaction. Segregation of material is not permitted. The utility facility shall be of durable materials in conformity with accepted practice or industry standards, designed for long service life, and relatively free from routine servicing or maintenance. Construction or compaction by means of jetting, puddling, or water flooding is prohibited within all highway ROW. Thrust blocks are required on all vertical and horizontal bends in pressure pipes. Meters shall not be placed on highway ROW except within corporate limits where municipal regulations allow such use. ALIGNMENT, COVER, CLEARANCE Location and alignment of Permittee's facilities shall be only as specified in this permit or as otherwise indicated in the approved plans or work sketch (EXHIBIT A). Parallel installations will not be permitted within roadways (including curbing and/or shoulders) or median areas, except within corporate boundaries, subject to municipal regulations. Parallel installations should be located as near as practicable to the ROW line. Crossings shall be as nearly perpendicular to the highway as feasible. Where no feasible alternate locations exist, parallel installations may be permitted along roadside areas within 15 feet from edge of shoulder or back of curb. to these cases, the facility must be so located and safeguarded as to avoid potential conflict with necessary highway appurtenances (signs, guard rail, delineators, etc.). Parallel installations shall follow a uniform alignment, wherever practical. Due consideration must be given to conserving space available for future utility accommodations. The standard allowable deviation from the approved horizontal alignment is t 18 inches. Minimum cover shall conform to the Special Provisions. Normal specified cover will be 48 inches or greater; reduced cover may be approved where site conditions warrant, subject to other safeguards as may be specified or approved in the permit. Minimum overhead clearance shall conform to the Special Provisions, consistent with Utility Manual criteria. PAVEMENT CUTS AND REPAIRS Paved surfaces shall not be cut unless otherwise specified in this permit. No more than one half the width of the roadbed may be opened at a time, when otherwise permitted. Pavement shall be sawed or wheel-cut to a neat line- Pavement shall be replaced to a design equahto or greater than that of the surrounding undisturbed pavement structure. Pavement repair shall conform to the Special Provisions or the approved plans. BORING, JACKING, ENCASEMENT Unless otherwise specified, buried crossings shall be bored or jacked beneath the roadway, at least from toe of slope to toe of opposite slope. Portals for untrenched crossings more than 5 feet in depth shall be bulk headed. Minimum lateral dimension from portal to edge of pavement is 6 feet, but in any case shall not be less than the vertical drop from roadway surface to top of utility line. Water jetting or tunneling is not permitted. Water assisted boring may be permitted as determined by the CDOT Inspector. Boring shall not exceed 5 percent oversize. Resultant voids shall be grouted or otherwise backfilled, subject to CDOT approval. Ends of bored sections shall not be covered before being inspected. Encasement shall be consistent with Utility Manual provisions. CDOT may require protective casing for shallow installations or certain conduit materials. Encased crossings shall extend at least from toe of slope to toe of slope, or the full width between access-control lines on freeways, including the Interstate System. INSPECTION AND ACCEPTANCE CDOT will determine the extent of inspection services necessary for a given installation. Penninee shall attend final inspection as may be required. Unacceptable work shall be promptly removed and replaced in an acceptable manner. Final acceptance does not relieve Permittee of maintenance obligations toward those elements of the highway facility constructed under this permit. Final acceptance begins the two-year warranty period (see requirement under "Operation and Maintenance" below). RESTORATION OF RIGHT OF WAY Prior to final acceptance, all disturbed portions of highway right of way shall be cleaned up and restored to their original condition, subject to CDOT approval. Seeding, sodding, and planting shall be as specified, or otherwise approved by CDOT. Construction, maintenance, and watering requirements shall conform to the CDOT Standard Specifications. Where landscape restoration must be delayed due to seasonal requirements, such work may be authorized by separate permit. Permittee shall use only certified weed-free seed and mulch. Permittee shall clean equipment before transporting it into or out of the state to prevent the migration of noxious weeds. OPERATION AND MAINTENANCE Permittee agrees to own and maintain the installation permitted herein. The facility shall be kept in an adequate state of repair and maintained in such a manner as to cause the least interference with the normal operation and maintenance of the highway- If any element of the transportation facility, constructed or replaced as a condition of this permit, fails within 2 years due to improper construction or materials, Permittee shall make all repairs immediately as notified in writing by CDOT. Routine, periodic maintenance and emergency repairs may be performed under the general terms and conditions of this permit. CDOT shall be given proper. advance notice whenever maintenance work will affect the movement or safety of traffic. In an emergency, the CDOT Region office and the State Patrol shall immediately be notified of possible traffic hazards. Emergency procedures shall .be coordinated beforehand, where possible. Maintenance activities requiring new excavation or other disturbance within highway ROW may require separate permit. Where highway construction or maintenance operations so require, Permittee will shut off lines, remove all combustible materials from the highway right of way, or provide other temporary safeguards. Should any permitted facilities be abandoned, Permittee agrees to promptly notify the CDOT region office and to remove any or all portions of such facilities, as may be directed by CDOT. UNDERGROUND UTILITY LOCATION ASSISTANCE Permittee may be required to identify the installation with suitable markers, of a type and at locations as specified or otherwise approved. Permittee shall maintain markers for the life of the installation. Warning ribbon and/or detection wire may be required for buried facilities. "As Constructed" plans showing lines and grades will be furnished to CDOT by the Permittee as directed. Owners of underground facilities shall participate in a notification association pursuant to 9-1.5-105 CRS. ADJUSTMENTS DUE TO HIGHWAY CONSTRUCTION If for any transportation purpose it becomes necessary to remove, adjust, or relocate this facility, Permittee will do_so promptly, at no cost to the CDOT except as provided by law, upon written notice from CDOT and in accordance with any permit issued to cover the necessary work. SUSPENSION AND CANCELLATION The CDOT inspector may suspend operation due to: 1) Non compliance with the prpovisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent transportation construction or maintenance in conflict with permit work; or 4) Any condition deemed unsafe for workers or for the general public. Work may resume when grounds for suspension no longer exist. This permit is subject to cancellation due to: 1) Persistent noncompliance with permit provisions; 2) Abandonment or transfer of ownership; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned transportation construction. Permittee must promptly terminate occupancy upon notice of cancellation of permit, unless a new permit is applied for and granted. Where Permittee does not fulfill an obligation to repair or maintain any portion of the highway facility, or control and safely maintain the flow of traffic thereon, CDOT reserves the right, in lieu of canceling this permit, to accomplish the required work by any other appropriate means, and Permittee shall be liable for the actual costs thereof. a .?°r mvo?.,i, a,,.,.?N.,,..,,.,.,?? t" ^:•.."?:: «a,v ;d: w DCVVLO"W WDAY 30Nwnoi31Dv3 P17 ?IIUi?II1?II? 1 a w E A !S 1•? =" ? "mow' .._ o[ of oa mmmi,.op-HSVO inrolan e AlE;IIRO - iB?IIi y WAY !o MOO y 133HS LS&OO O Jill Rb co t o s c Q O R ?- xY O e W 0 J $ L sFte f R ? a • a R b R tC?M, „yt ` l 5 _ E6 - 8a a; s b° ° ss z €??, ?a°s Eg F E ?€ Se ie' Fas.g obG .s.a ?y g ? _? b` ss a : yf _ Y a?b ?y eW1 r b ?- g ? x€o s 8 6?? ?` ¢ :, Y-?° t °? r ? s F se s Y -GG a 7 of 'g' a s SS? ? ? s?° ?<.j°?bs yy??pp bat s to G, s??aT .ak ,-.n$ gg $$$ a t ° _?Q 5 Sts 3 i° b'dt°d? E bb S d, %< Y •Y,?24 °O5 g?f ?a-e= F? s ?§? z F°" a $H li , -off sL£ t: s tW ? ?_-? ka ??,gG$ ZI tY?ya _x s` s_ g F. Y s° e g - G sus `" ?a u F ?. !fl f I ?: _ Ufa;f -- {{?? $a2 5 ?-'S - °sfg iiz a b? a a°a E Yx t° as ub' Y 8 ?tFg YEg€¢ag? 3 baB; FSgg°g?fi` gFyy?fi`: c;eG SpaY ???;° ss?? MbF$ {a 6§ s area { ?S??o 4g? a£:b:i G 8§ ? 9$`b6fi°g5 a iF t Pit S?R?s sy ?° sppS` kypp Gbe a t.'?s-.°S'aecyyy° a_E9E 3=? {c5 Y°Y$ bad 'SGg C6?ffi? ko? 6 $yi? a5bs °ES Y Eu : b tl?o .9 ?f?yL Es?i"<ez yGg y•?a? 3fi?se??? ?F•sYa ?°,¢? ?? " Y? -Pad G ??b a 5. ??€ a? s i I fl : €}G Y k x 3 g..:• >? k? a@ Fsks ?@ fa feSTa? ? f fr: ?= g bE °a g;b °s$ ?:va T1b- HR Yg il ?a§ s $e?ds Hifil _ffls ao6 ?? ??z=_? 1? I U ?-fbsi,HH J?° WV b£:SS:TT bnnz/it/to '6mo ano?cnnn-bn 6n o xnnn m am d •r N WAY AD NMOL R. K 5 y C yU C? fd V i? 7 E R? Wd EO:EI.50 ti00Z/OZ/SO '6MP'3E000-b0\6MP\3E000b\S1-,a[oid\:r OOVNOl00 ' S 3P V3 OL-1 01 OVON MvNONLLLON N6V8 3JVNtoo FMO jTVO13/1 NrM ?? aw 3DYNwr#Ua ?3n?AI' ?? '"'? ? """ ?' ?"'•`rf '- •.`? oc-I of as rrlouwnr+ - reeve ?xoua 4 ~ DIV AD K.M 133NS "NL? E to g b R 3 a ', f MI E I ? rA - -mm A I i I I 1 111 , / 1 / Sul X119 "all .11, n fl gg q ? ?ti II i ! II 99 ,* 491 i? ?qr i4 a a Wd £E:EOZT b00Z/LT/SO'6MP'lIVJ3aE000-b0\6Mp1?s'000blsbaCadl_r m Y ? N p Iq 0 co N d. 0 U) W w V CO) 0 LC) 0 N 0 1 M? m Ln a O M W V Q M ? O O Z N ? W W Q W CL Cl) W W m W m = w V = Q Q J l - N tL' ? "" W Z STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic and Safety -? Utility Permit Section s 222 South 61h Street, Room 100 „s Grand Junction, Colorado 81501 `EPAM"EW 0F7 "AWN (970) 248-7230 FAX: (970) 248-7294 12,167 Permit No 070A Highway No 165.7mm Mile Marker 3219 Patrol No SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS THE SPECIAL PROVSIONS ARE TERMS AND CONDTIONS OF THIS PERMIT TRAFFIC CONTROL The complete permit for this work, including approved CDOT permit, construction and traffic control plans, will be kept at the work site at all times. The permittee is responsible for providing traffic control plans that conforms to and meets the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) and the Colorado supplements. 2. To meet conditions encountered in the field, minor changes or additions may be ordered and approved by the CDOT Field Inspector. 3. All work shall cease when weather creates a safety hazard for the traveling public and/or barrow ditch is wet enough to leave tire or cleat marks. 4. Advanced warning and construction signs, flashers, barricades and flag people must conform to the Manual on Uniform Traffic Control Devices and, Colorado Supplements, and must be in place before work starts each day. 5. Lane closures must be as short as possible and as per the MUTCD. Flaggers are required for each lane closure. Advance warning signs must be placed as per MUTCD. All temporary traffic control signs shall be removed, covered or laid on the ground during non-working hours. 6. Two- way traffic shall be maintained at all times in the construction area in accordance with the M.U.T.C.D. and Colorado Supplements. and 29 CFR Part 1926- Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being preformed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: • Head protection, that complies with the ANSI Z89.11997 standard; At all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANSIZ41-1999; • High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum, ANSI/ISEA 107-1999, Class 2). Where any of the above-reference ANSI standards have been revised, the most recent version of the standard shall apply. CONSTRUCTION WORKER SAFETY AND HEALTH The permittee must notify the CDOT inspector no less than two (2) days prior to any work on highway right-of-way. CDOT Inspector's name or alternate contact and phone All workers within the State Highway right of way shall number is on the permit, comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational 9. No work shall proceed beyond the expiration date specified safety and Health Administration (OSHA) regulations- on the permit without written approval of the Department. including, but not limited to the applicable sections of 29 CFR Part 19190- Occupation safety and Healthy Standards 10. No work shall be permitted at night or on Saturday, Sunday, CDOT Utility Specs-Revised I/04 Pavel or holidays without prior authorization or unless otherwise specified in this permit. CDOT observed holidays remaining: Monday, July 5, 2004 (Independence Day), Monday, September 5, 2004 (Labor Day), Monday, October 11, 2004 (Columbus Day), Thursday, November 11, 2004 (Veteran's Day), Thursday, November 25, 2004 (Thanksgiving Day), Friday, December 24, 2003 (Christmas). 11. On three (3) day weekend holidays, the project shall be shut down by 12:00 Noon on Friday, and not resume prior to the following Tuesday morning. 12. Work hours for this permit is from one hour after sunrise to one hour before sunset. 13. Permittee is responsible for the safety of the traveling public at all times when work is being done. 14. Forty-eight (48) hour notification must be given for the underground location of CDOT owned facilities. Phone (970) 248-7230. 15. Any damage to highway facilities, such as traffic lights, streetlights, concrete walkways; bike paths, asphalt, signing, etc, shall be repaired and reported immediately and notification must be given to the CDOT Inspector or contact CSP Dispatch - 970-824-6501. 16. Should any excavation encounter plant or animal fossils, the remains of historic or prehistoric structures, historic or prehistoric artifacts (bottle dumps, charcoal from subsurface hearths, pottery, potsherds, stone tools, arrowheads, etc.), the operation shall cease at once and the permittee shall contact the CDOT Environmental Office (970) 248-7223 for guidance. 17. Permittee assumes all responsibility for any and all land survey monuments within the permitted area of the right-of-way. If disturbed or destroyed, the permittee bears full cost for replacement. Construction may need to be re-routed to avoid disturbing High Accuracy Reference Network Survey Land Markers Direct any questions within five (5) days prior to construction to: Region Survey Coordinator, 222 South 6`h St., Room 317, Grand Junction, CO 81501 at 970-248-7232. 18. If petroleum or other potentially hazardous material is encountered during excavation, work shall cease immediately. The proper disposal of any soils or other material determined to be hazardous and/or contaminated by fugitive petroleum uncovered or excavated during the performance of utility construction shall be the sole responsibility of the Utility and shall be accomplished in accordance with all applicable Federal, State and Local laws and regulations. Such clean up and disposal shall be at no cost to CDOT. 19. All construction vehicles, delivery vehicles and traffic control vehicles shall be equipped with flashing amber/yellow beacons, which are visible from all directions. Only construction vehicles involved in the construction are to be at the work site. It is important to limit the number of extraneous vehicles at each work site. Staging areas shall be pre-approved. 20. Staging and material storage areas, within the right of way must be pre-approved and beyond the clear zone. Employee parking within the right of way shall be restricted and not shall not be allowed, except in pre-approved contractor staging areas and beyond the clear zone. The only vehicles allowed within the highway clear zone are the construction vehicles necessary for the operation, such as the Inspector, Superintendent, Mechanic and Supervisor. Parking along the shoulder of the highway is not allowed. Contractor utilizing private property for material storage and staging areas shall furnish CDOT with documentation that permission has been obtained from the property owner. 21. No highway, roadway or bike path (asphalt) or (concrete) will be cut unless specified on the permit. 22. All backfill is subject to AASHTO standard compaction T-99 or T-180 as appropriate. 23. Material removed from any portion of the roadway must be replaced in like kind with equal or better compaction. No segregation of materials will be permitted. 24. All pavement markings removed or damaged during the utility installation will be replaced. 25. Areas of roadway and right-of-way disturbed during this installation will be restored to the original contour and condition by grading to drain, top soiled, fertilized, mulched and reseeded with approved material at specified proportions. Mulch, fertilizer and seed shall be "certified weed free". Refer to Section 212 & 213 of the "Colorado Department of Transportation Standard Specifications for Road and Bridge Construction". 26. No equipment or materials will be allowed on the main lanes or the roadway during construction. 27. Highway right of way fences shall not be cut. 28. All work and materials to meet or exceed the most current issue of the "Colorado Department of Transportation Standard Specifications for Road and Bridge Construction ". 29. Permittee shall not spray, cut, or trim trees or other landscaping elements within the highway right-of-way unless such work is specified in this permit. 30. Unacceptable work shall be promptly removed and replaced in an acceptable manner. Final acceptance does not relieve permittee of maintenance obligations toward those elements CDOT Utility SpeCS-Revised 1/04 PortP7 of the highway facility constructed under this permit. 31. If proposed utility is not placed in area applied for, the utility permit is void, and the utility is deemed illegal. 32. All procedures and work are subject to CDOT approval. 33. All work to be as per permit and submitted plans. MISCELLANEOUS 34. The permittee hereby assumes, releases and agrees to indemnify, defend, protect and save the State of Colorado harmless from and against any loss of and/or damage to the property of the State of Colorado, third parties or the permittee's facilities including loss of services, loss and/or damage on account of injury to or death of any person, whosoever, arising at any time, caused by or growing out of the occupation of Colorado State Transportation rights-of-way the permittee's facilities or any part thereof, unless such loss and/or damage is the direct result of any willful and wanton act of the State of Colorado or its employees. 35. Permittee is prohibited from any illicit or non-stormwater discharges that are prohibited by State Water Quality laws. If further information is necessary, CDOT shall provide a copy of the Environmental Clearances Summary. Permittee agrees that it shall be responsible for obtaining all necessary environmental clearances and permits from all agencies (U.S. Army Corps of Engineers, Colorado Divisions of Wildlife, U.S. Forrest Service, U.S. Bureau of Land Management, Colorado Department of Health & Environment, county health department, etc.) before commencing any work under this permit. Without these clearances & permits, this permit shall be not in effect. Permittee also agrees to assume all responsibility and liability in connection with potential environmental hazards encountered in connection with its work under this permit. The permittee must show all environmental permits and clearances to CDOT (Utility Inspector or Environmental Officer) on request and prior to construction. 36. In the event any changes are made to this highway for any transportation purpose in the future that necessitate removal, adjustment, or relocation of this installation, permittee will do so promptly at no cost to CDOT except as provided by law, upon written notice from CDOT. 37. If any element of the highway facility, constructed or replaced as a condition of this permit fails within two years due to improper construction, installation or materials, permittee will be responsible for making all repairs immediately as notified. 38. The CDOT inspector may suspend operations due to 1) persistent non-compliance with permit provisions, 2) abandonment or transfer of ownership, 3) superceded by a new permit covering the same installation or, 4) conflict with planned highway construction. Permittee must promptly terminate occupancy upon notice of cancellation of permit unless a new permit is applied for and granted. 39. The CDOT inspector may suspend operations due to (1) non-compliance with the provisions of this permit, (2) adverse weather or traffic conditions, (3) concurrent highway construction or maintenance in conflict with the permitted work, or (4) any condition deemed unsafe for the workers or for the general public. Work may resume upon disposal of grounds for suspension. 40. Should any permitted facilities be abandon, permittee agrees to notify the CDOT Region office and remove any or all portions of such utilities, as may be designated by CDOT. 41. By law, the State of Colorado requires a "Certificate of Insurance", with the State of Colorado named as additional insured prior to commencing any work on State Highway Right-of-Way. Please facilitate CDOT's receipt of this certificate. (Insurance requirements are shown on Page 2 of the Utility / Special Use Permit Application.) As your various policies expire or are revised, updated information will be required. 42. The expiration date of this permit is noted on the permit. Any request to extend the time frame of this permit shall be made in writing. Submittal of an additional permit application may be required. 43. No access to the work area will be permitted from the main lanes or ramps of the Interstate Highway. No new access to or from the State Highway ROW will be allowed. You are required to obtain permission to use any existing State Highway access. Access to the State Highway system requires a separate permit. (Contact Access Coordinator at (970) 245-7230 for access applications). CDOT Utility Specs-Revised 1/04 Pavel Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Anne Martens, Assistant Town Engineer V- "?' Date: July 7, 2004 Re: Resolution No. 04 - 27, Approving the Final Plat, Wildridge Bluff Townhouses, The Final Phase of Suncrest Townhomes, Phase II, A Resubdivision of a Part of Lot 7, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (3038 Wildridge Road) Summary: Snownow II, LLC, owner of Lot 7, Block 1, Wildridge, has submitted a Final Plat for Wildridge Bluff Townhouses, The Final Phase of Suncrest Townhomes, Phase II, a resubdivide of a part of Lot 7, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This is a Minor Subdivision of a developed lot, creating a triplex complex and a common parcel. This is the second phase of development lot, which contains six units in total. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 04 - 27, Series of 2004, A Resolution Approving the Final Plat, Wildridge Bluff Townhouses, The Final Phase of Suncrest Townhomes, Phase II, a Resubdivision of a part of Lot 7, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: I:\Engineering\Subdivision\Wildddge\L7B1 WR.doc TOWN OF AVON RESOLUTION NO. 04 - 27 Series of 2004 A RESOLUTION APPROVING THE FINAL PLAT, WILDRIDGE BLUFF TOWNHOUSES, THE FINAL PHASE OF SUNCREST TOWNHOMES, PHASE II, A RESUBDIVISION OF A PART OF LOT 7, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Snownow II, LLC has submitted a Final Plat for Wildridge Bluff Townhouses, The Final Phase of Suncrest Townhomes, Phase II, a Resubdivision of a part of Lot 7, Block 1, Wildridge, Town of Avon, Eagle County, Colorado; and WHEREAS, the Final Plat has been reviewed by the Town Staff, and WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the Avon Municipal Code; and WHEREAS, the proposed subdivision complies with the requirements for consideration as a Final Plat. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for Wildridge Bluff Townhouses, The Final Phase of Suncrest Townhomes, Phase II, A Resubdivision of a part of Lot 7, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: 1. The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2004. TOWN COUNCIL TOWN OF AVON, COLORADO Albert D. Reynolds, Mayor ATTEST: Patty McKenny Town Clerk I:AEngineering\Subdivision\WildridgeAL7B1 WRres0427.doc Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norm Wood, Town Engineer Anne Martens, Assistant Town ngineer Date: July 2, 2004 Re: Nottingham Road Improvements (Phase I) Public Meeting A public open house was held on Wednesday, June 23rd, 2004 from 4:30 to 6:30 pm. The goal of the open house was to re-familiarize the public of the Nottingham Road Improvements (Phase I) Project scheduled for construction in the summer of 2005. Ten members from the public attended the open house. A few people attending the meeting wanted to make sure the final design matched the design that was presented and discussed at the previous public meetings held in 2000. They all were in favor of the improvements and the main questions or comments were related to: ¦ Construction schedule ¦ Limits of disturbance ¦ Drainage ¦ Individual Site Access ¦ Landscaping ¦ Lighting When the final design modification and easement plans are completed, staff will present a proposal for appraisal services. We will be working on updating the web page to provide current Capital Improvement Project updates and downloadable plans of the projects. O\Documents And Settings\Nwood\Local Settings\Temporary Internet Files\OLK2\Meeting Report 062304.Doc