TC Council Packet 05-23-2006TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, MAY 23, 2006
AVON MUNICIPAL SUILDINay 400 BENCHMARK ROAD
REGULAR COUNCIL MEETING AGENDA
MEETING BEGINS AT 5:30 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. CITIZEN AND COMMUNITY INPUT
5. STONE CREEK CHARTER ELEMENTARY SCHOOL GROUP (BILL HAMMER, BOARD PRESIDENT) DISCUSSION OF
SCHOOL SITE LOCATION
6. ORDINANCES
a. Public Hearing on Ordinance No. 06-08, Series Of 2006, Second Reading, Ordinance
Amending Title 3, Avon Municipal Code Concerning The Public Accommodations Tax And Real
Property Transfer Tax To Provide A Credit Against Such Taxes Due If Certain Public
Improvement Fees Have Been Paid In Connection With The Development Known As The
Confluence (John Dunn, Town Attorney) Proposed credit against the real estate transfer tax and the
public accommodations tax under certain circumstances, allowing for implementation of the approved
Amended and Restated Development Agreement and Facilities Operation Agreement for the Confluence
Project
b. Public Hearing on Ordinance No. 06-09, Series Of 2006, Second Reading, An Ordinance
Amending Chapter 17.14, Title 17, Avon Municipal Code, Relating To Vested Property Rights
(John Dunn, Town Attorney) Amendments to vested property rights chapter that are related to changes In
state statutes
c. Public Hearing on Ordinance No. 06-10, Series Of 2006, Second Reading, An Ordinance
Amending Titles 16 And 17, Avon Municipal Code, Relating To Applications For Development
And Subdivision Approval And Erection Or Construction Of Improvements (John Dunn, Town
Attorney) Revisions to Code related to development agreement applications
d. Ordinance 06-11, Series Of 2006, First Reading, An Ordinance Amending Title 8 of the
Municipal Code of the Town of Avon Relating To Public Nuisance (John Dunn, Town Attorney)
Clarification of nuisance ordinance and amendment related to storage/parking of railroad cards
7. RESOLUTIONS
a. Resolution No. 06-22, Series of 2006, Resolution approving and accepting the Traer Creek
Metropolitan District Improvements installed and constructed in accordance with the Subdivision
Improvements Agreement for the Village (at Avon), Filing 3 and Establishing Warranty Period
for the Public Improvements (Norm Wood, Town Engineer)
b. Resolution No. 06-25, Series of 2006, Resolution Approving Final Plat, Subdivision
Improvements Agreement And Related Documents For Riverfront Subdivision, Town Of Avon,
Eagle County, Colorado (Norm Wood, Town Engineer)
c. Public Hearing on Resolution No. 06-26, Series of 2006, A Resolution Approving Preliminary
Condominium Map for Mountain Center Condominiums, A Resubdivision of Mountain Center
Condominium Building and Mountain Center Phase 2, Town of Avon, Eagle County, Colorado
(910 Nottingham Road) (Norm Wood, Town Engineer) The proposed subdivision will resubdivide two
units in the existing Building and create approximately 11 new units and Limited and General Common
Elements
TOWN OF AVON, COLORADO
COUNCIL O TUESDAY9 MAY 2006
COUNCIL AvON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
REGULAR AGENDA
MEETING BEGINS AT Pr
May 17, 2006
Honorable Town Council Members
Town of Avon
PO Cox 975
Avon, CO 81624
RE: PROPOSAL TO LEASE LOT 5, YODER AVENUE, AVON, CO.
Dear Council Members,
Thank you for the opportunity to provide comments and propose to you a formal offer to lease
your land known as Lot 5, on Yoder Avenue., Avon. It is our understanding that this 4.03 acre
property is currently being used for excess storage of snow which is removed from Post Blvd.
and the surrounding area. Furthermore, we understand that the property is slated for a new public
works facility for the Town of Avon sometime in the future.
Our school, Stone Creek Elementary, would like to propose a lease of this property for the
temporary initial location of our school. We firmly believe that the Town of Avon is the "Heart
of the Valley" and appreciated the support we received from the Town of Avon last November in
the form of a letter which was submitted to the State of Colorado Charter School Institute prior
to our approval. As a public school, we would welcome a working relationship with the Town of
Avon's only other public school, Avon Elementary.
After initially speaking with Larry Brooks, Town Manager, we discovered there were concerns
around where the Town of Avon could store the snow if our school were to be temporarily
located on Lot 5. We firmly believe that since that time, our Board of Directors have come up
with and negotiated a comprehensive plan to address all concerns about the potential lease of the
site. The points that follow make up our initial plan to address those concerns:
• Traer Creek LLC will amend the 1998 agreement with the Town of Avon to include the
use of the land as a temporary public school site.
• Traer Creek LLC will sign a document to provide an alternative site on their property for
equivalent space for excess snow storage.
• Traer Creek LLC will sign a document stating that they will indemnify the Town of Avon
for any environmental damage stemming from the alternative snow storage site.
Furthermore, Traer Creek LLC will provide a bond for the same purpose to further
protect the Town of Avon from any liability.
• Stone Creek Elementary (SCE) will sign a document stating the use of the property is
temporary and will vacate the premises with 6 months to one year notice from the Town
of Avon that they need the property for their public works facility.
• SCE will return the property in the same condition in which it was received.
• SCE will carry all required insurance on the property and indemnify the Town of Avon
for any and all liability issues surrounding SCE's use of the site.
• SCE will get approval from the Town of Avon Panning and Zoning & Community
Development Departments and the Traer Creek Metro District for all required licenses
and permits.
• SCE will pay all tap fees with the Upper Eagle Regional Water Authority and the Traer
Creek Metro District.
We are excited as a new public elementary school to be offered the opportunity to come before
you and propose this lease. The site will enable our school to open in the fall because it has been
graded and can be accessed. The Lot 5 site has all the elements our school would require for a
temporary initial location and addresses the concerns of our students and teachers:
• It is relatively flat.
• It is at the end of the road, safe, quiet and secluded.
• The utilities are in and can be readily connected.
• It is centrally located in Avon, "The Heart of the Valley"
• The site is owned by the public
• The lot site will accommodate the initial size of our school
• There is space for parking and a student drop off area
• The site has room for a playground.
We have contacted the Upper Eagle Water Authority and the Traer Creek Metro District and the
property can be tapped for water. These fees for a I" line are as follows:
Upper Eagle Water Authority
Development
Water & Sanitation
$10,847
$14,258
Traer Creek Metro District
$3,565
We have attached our contract with Nortex Modular Leasing and Construction Company, who
will custom build our temporary facility to be placed on site. The facility consists of 22 modular
trailers which come together on site like a puzzle to form one facility with interior hallways and
exterior doors. We have been told by the Nortex manager/representative, Dan Rasmussen that
the facility will look and feel like a permanent facility, but at the same time will have the ability
to be easily moved and relocated when the time arises. Mr. Rasmussen was the builder who
constructed the Town of Avon's current public works facility near Buffalo Ridge. Therefore the
Town of Avon is familiar with his quality of work. We are however, currently working on
acquiring a permanent site, but unfortunately we need more time to complete the acquisition and
infrastructure construction. A temporary lease of Lot 5 would enable our school to get off the
ground and open this fall.
We believe our public school is the perfect fit for the Town of Avon at a time when Avon
Elementary is overcrowded. Our Intent to Enroll forms show that students will be coming to
Stone Creek Elementary from all over the valley, from Gypsum to Vail. These families will
ultimately end up spending money in the Town of Avon for things like groceries at City Market
while they wait for their children to be released from school, thereby increasing the revenue to
the town. Our additional school option will provide a necessary amenity that will accommodate
any growth within the Town of Avon.
SCE has hired our principal and the first round of teachers who have applied from all over the
United States. We have begun to establish relationships with local organizations such as the Gore
Range Science School and Ski Club Vail. We believe that this site will be the catalyst and the
fmal piece of the puzzle which will launch our public school towards greatness and we are proud
to associate our school with the Town of Avon on that path to greatness. The children of Eagle
County deserve nothing but the best choices in their education and we would welcome a
partnership such as this lease with the Town of Avon, which shows the public that Avon really
cares about those children.
Very Truly Yours,
Bill Hammer
President
Stone Creek Elementary
May 9, 2006
Mr. Larry Brooks
Town Manager
Town of Avon
PO Box 975
400 Benchmark Road
Avon, CO 81620
Em
It was a pleasure speaking with you on the phone yesterday concerning the possibility of the
Town of Avon leasing Lot 5 on Yoder Avenue to our public school, Stone Creek Elementary, for
a temporary initial location for our school. After our conversation, it is now my understanding
that the site is slated for a new public works facility sometime in the future. However, the site is
currently being used by the Town of Avon for storing excess snow which is removed from Post
Blvd. and the surrounding area.
I informed you that I was aware of this fact and had contacted Traer Creek LLC to find out if
they would be willing to provide the Town of Avon with an alternative site in which to dump an
equivalent amount of snow. I told you that Traer Creek LLC had agreed to provide an
alternative site on their property. You then stated that there would be environmental concerns
around storing the snow on an alternative site and those would need to be addressed before any
other site could be used. I mentioned that Traer Creek LLC may be willing to indemnify the
Town of Avon from any liability arising from environmental damage caused by the snow storage
on the alternative site. I have since contacted Traer Creek LLC and they have not only agreed to
indemnify the Town of Avon, but also put they would be willing to provide a bond to further
protect the Town of Avon from any liability.
I appreciate that you will be taking this temporary lease proposal to your town council members
so that the Town of Avon may have a second public elementary school within its borders. We are
looking for 1 -3 years from the Town of Avon and are currently working on acquiring a
permanent site, but unfortunately we need more time to complete the acquisition and
infrastructure construction. A temporary lease of Lot 5 would enable our school to get off the
ground and open this fall. We have an excellent facility waiting to be constructed by a gentleman
who has constructed your current public works facility, Mr. Dan Rasmussen, so this land could
move that construction forward.
I look forward to hearing from you soon.
Very truly yours,
Bill Hammer
President
Stone Creek Elementary
PO Box 208
Vail, CO 81620
970.949.0187
0
Colorado Charter School Institute
Denver, Colorado
Ladies and Gentlemen:
PO Box 975
400 Benchmark Road
Avon, CO 81620
Direct Line: 970-748-4035
Fax # 970-949-9139
We are aware that a group of Eagle County parents is pursuing a charter school initiative
for a new K-8 program, Stone Creek Elementary. We understand that this school would
teach academic and character excellence to a racially diverse population of children in
and near our town.
We support high quality public education in the Eagle Valley and are especially proud to
help fund a unique natural science curriculum at Avon Elementary School, the public
school in our town. We also support parents being intimately involved in and
accountable for the education of their children. As such, we are heartened to see the
Stone Creek Elementary Steering Committee move forward and support its efforts.
Very truly yours,
I K012HROOM
mss, ald C. Wolfe
Mayor
cc: Larry Brooks, Town Manager
Bill Hammer, Stone Creek Elementary School Steering Committee
Printable Details
Account Number:
R053323
Parcel Number:
210307409012
Tax Area:
SC130
Mill Levy:
70.4340
Owner Name/Address: TOWN OF AVON
1534540
PO BOX 975
AVON, CO 81620
Legal Description:
SUB:VILLAGE AT AVON FIL 1 LOTS
R795007 MAP 05-08-02 R795009 DEC
05-08-02 R795011 DEC 05-08-02
R795012 DEC 05-08-02 R795013 DEC
05-08-02 R795023 SWD 04-25-02
R804448 EAS 08-14-02 R832888 BSD
04-16-03 R898173 MAP 11-18-04
Physical Address:
000375 YODER AVE AVON AREA
Acres:
4.03
Property Tax Valuation Information
Sale History
Improvement Information
Residential Buildings: 0
Commercial Buildings: 0
Heated Areas
Building Characteristics (First Improvment In Account)
Tax History
Tax Year Transaction Type Amount
Page I of I
2003
Actual Value
I Assessed Value Value
Land
1843240
1534540
Improvements
Tax Payment: Whole -4.32
Total 11843240
1534540
Sale History
Improvement Information
Residential Buildings: 0
Commercial Buildings: 0
Heated Areas
Building Characteristics (First Improvment In Account)
Tax History
Tax Year Transaction Type Amount
Page I of I
2003
Tax Amount 85.26
2003
Tax Payment: Whole -85.26
2002
Tax Amount 4.32
2002
Tax Payment: Whole -4.32
http://fcs.eaglecounty.us/patie/Printable details.cfm 5/18/2006
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Nortex Modular Leasing and Construction Company
555 Jubilee Lane, Lewisville, Texas 75056 972492 -4040 Fax 972 - 492 -2704
Proposal and Agreement of Sale
Date 4129/06
Nortex Modular Leasing and Construction Company, a Texas Corporation, hereinafter referred to as
"Seller ", hereby submits for acceptance by
Stonecreek Elementary PO Box 208 Vail, CO 81658 -0208
Attn: Bill Hammer President Phone # (970) 949 -0187. Fax #(815) 572 -5730
hereinafter referred to as the "Buyer ", the following Proposal to furnish the materials described below for
the price indicated:
Quantity Description Price
(1) 18,200 square foot modular complex S 1,046,834.00
Delivery: S 151,250.00
Block & Level: S 77,413.00
Total: S 1.275,496.00
Note: Total excludes any State or local taxes or other government charges (computed on invoice).
Drawings and Specifications No.
Terms of Payment: Per Clarifications Shipping Address:
Seller estimates that the delivery of the materials described above will require (6 -8) weeks after seller is in receipt of complete
information and drawings approved by Buyer, a building permit is issued by the governing authorities and satisfactory financial
arrangements have been make. This estimate is subject to paragraph 4 of the Terms and Conditions of this agreement. Buyer may, at
Buyer's option, disregard the permit issuance by local authorities and authorize Seller to proceed with production of the materials, at
Buyer's full risk. Should a permit not he issued at the time that the materials are ready far shipment to the jobsite, then Buyer shall
make progress payment to Seller as if the materials had been delivered, less delivery charges outlined above.
This Proposal by Seller must be accepted by Buyer within fifteen (15) days from the date hereof and acceptance shall be defined for
purposes of this Proposal and Agreement as receipt by Seller of the duly executed original hereof at its office. Buyer's acceptance of
this Proposal subsequent to fifteen (15) days from the date hereof shall be deemed to be a counterproposal, which shall be subject to
renegotiations.
The Seller agrees to sell and Buyer agrees to buy the above described materials for the price and on the terms herein set forth,
including the Terms and Conditions (titled General Tents and Conditions following which are incorporated by this reference w if
hereto set out in full).
This Agreement will not become binding and effective until signed by an authorized olf icer of tftc Buyer and an authorized officer of
the Seller. Buyer warrants that the person signing in Buyers behalf is an authorized officer.
IN WITNESS WHEREOF, the parties hereto have caused this proposal to be accepted at the price and upon the Terms and Conditions
named herein (and attached) and to be accepted by a duly authorized officer.
BUYER Stonecreek Elementary SELLER Nortex Modular Leasing and Construction Company
M
M
Title Title
Date Date
PURCHASE ORDER i
WITNESS
By Title Date
GENERAL TERMS AND CONDITIONS OF PROPOSAL AND AGREEMENT OF SALE
between Nortex Modular Leasing and Construction Company and Stonecreek Elementary
4/29/06
1. Acceptance of this proposal shall constitute an agreement by the Buyer to all the terms and conditions contained herein.
2. In consideration of Seller furnishing the materials described on the front page hereof, the Buyer shall pay to the Seller the
sum stipulated herein, subject to such additions or deductions relative to change which may hereinafter be agreed upon between the
parties in writing. Payment shall be made to the Seller at its office. The Buyer shall pay to the Seller the full sale price prior to the
Delivery date, or sooner if otherwise stipulated herein. In no instance may the Buyer occupy the Structure(s) until full payment has
been made to Seller, unless stated otherwise herein or agreed to in evriting by the Seller.
3_ Unless otherwise specifically set forth in this Proposal and Agreement, it is specifically agreed and understood between the
parties that the price herein specified does not include any state or local tares or any other government charges such as impact and tap
fees. Any tax or other government charge upon the production, sale, use or shipment of the products sold, now imposed or hereinafter
becoming effective shall be paid and remitted to the appropriate government agency by the Buyer, or if any state or federal law does
not permit payment and remission in such manner, said tax or other government charge shall be added to the price and shall be paid by
Buyer to Seiler.
4. Seller's delivery of the materials described on the front page hereof is subject to delays in manufacturing or delivery due to
flood, windstorm, riot, civil disobedience, strike, failure to secure materials from the usual source of supply, Acts of God, or any other
circumstances beyond Seller's control which shall prevent the manufacture of products or the making of deliveries in the normal
course of business. It is further understood and agreed that Buyer will not hold Seller responsible for liquidated damages or other
damages which may be imposed upon Buyer pursuant to any other contract Buyer may have entered into with respect to which Seller
is not a party.
5. The Buyer shall be SOLELY RESPONSIBLE for any and all additional materials, labor, SITE PREPARATION, utility
connections and all other items on the project, other than those materials as specifically set forth on the front page hereof.
6. The Buyer shall be solely responsible for compliance with building codes, for obtaining any type of building permits and
licenses that may be required on the project, and for payment of state and local taxes which may be applicable to the sale covered by
this Proposal and Agreement.
7. The Buyer agrees to indemnify and save harmless the Seller against all losses, costs or damages incurred or paid by Seller
on account of any claim under Worker's Compensation Acts or other employees benefit acts, any claim for damages because of bodily
injury, including death, to Buyer's employees and all other and any claims for damages to property caused by, resulting from , or
arising out of the performance of this Agreement or any aspect hereof or of the project to which this Agreement is related. Buyer shall
pay any and all attorney's fees and expenses incurred or paid by the Seller on account of any such claims; and Buyer, if requested by
Seller, shalt assume and defend at its own expense any suit, action or other legal proceeding arising therefrom.
8. The Buyer agrees that it shall not assign or transfer this Agreement or any part hereof or any amount payable hereunder.
except with the prior written consent of Seller and any attempt to do so shall be null and void ar d of no force or effect whatsoever.
4. The BUYER Shall: A. Reimburse Seller for all costs incurred in order to correct improper or inaccurately constructed site
access or foundations, to correct misalignment or inaccuracy in anchor bolts, walls footings, cutouts for doors, or other work. B.
Provide storage and be responsible for loss of or damage to materials if site access, site, and foundations are not ready or in
accordance with the delivery provision contained in this agreement, and reimburse the Seller for all additional costs incurred by the
Seller including, but not limited to, the cost of unloading, reloading, and hauling materials resulting from Buyer's failure to perform
this condition. Delay in completing foundation and INACCESSIBILITY OF SITE may necessitate rescheduling of the order for which
Seller shall not be responsible, and shall extend the period of performance by the period of delay.
10. Unless otherwise specified, additional expense caused by obstructions, either overhead or underground, demolition work, grading
to bring the site to level, or extra depth, or width of the concrete footing, foundations or excavations caused by earth fill, or abnormal
soil conditions which may require foundations different from the standard plans approved by the Building Department, or changes to
the method of site access are to be paid for by the Buyer. V
11. The Buyer warrants that he owns, or has the right to construct buildings on the property which the materials as described herein
are to be delivered, constructed, or other work performed, and will designate to the Seller the location of the corner stakes of the
property and will famish the plat plan showing the boundary dimensions and angles of the property, and the proposed location of the
site of the building or other work to be performed together with all necessary information concerning contours, grades, soil conditions,
tree locations, utility service lines, rights of way, casements, and restrictions, dimensions and other relevant data pertaining to existing
structures on the premises. Seller shall not be responsible for encroachments of any type. Buyer warrants that said construction will
not violate any zoning restrictions or other laws, and the Buyer agrees to indemnify and hold the Seller harmless from all loss or
damage which may result by reason of the construction of said building or other work done, or from any lack or defect of title in the
Buyer, or by reason of said construction violating any zoning restrictions or other laws. The soil bearing capacity shall be at least
3,000 pounds per square foot. The Buyer is solely responsible for checking the property site to assure that the Structure(s) and/or
construction will not be in a "Fire District ". Buyer agrees to indemnify and hold Seller harmless for any and all losses, damages,
injury, expenses and costs, including court costs and attorney's fees, which arise out of this issue and/or for the placement of a building
or construction in a "Fire District ".
Initials
12_ The Buyer agrees not to interfere with the progress of the work and not to occupy any portion of the building until all terms and
conditions herein are fulfilled by both parties. Buyer further agrees to not permit any workmen, other than those of the Seller, to work
at or in the immediate vicinity of the building, without the Seller's written consent until the Seller's work on the building is completed.
Should any workmen, or contractors or subcontractors of the Buyer perform only such work, the Buyer will furnish to the Seller in
writing, their names, before such work is performed. The Buyer agrees to pay the Seller for any damage that maybe caused by anyone
other than workmen or subcontractors of the Seller, by means of disturbing or damaging concrete forms, grade finishing or any
construction work in progress whatsoever.
13. No charge for labor or material furnished by the Buyer shall be allowed as a credit under this Agreement unless authorized in
writing by the Seller.
14. The Buyer shall obtain insurance naming the Seller as sole insured on all Scllces property located on the building site, against loss
by fire, lightning, windstorm, riot, civil disobedience, earthquake. Acts of God, and against other perils ordinarily included under the
extended coverage endorsement, as well as any other insurance which the Seller deems necessary upon the work covered by this
proposal for the full insurable value thereof. The minimum coverage of said insurance shall be the fair market value of such property
as established by the contract price contained herein. Such insurance shall also cover the following items whether they be in or
adjacent to the structures insured; materials in place or to be used as part of the permanent construction, including surplus materials,
temporary structures, scaffolding and stagings, protective fence, bridging, forms, and miscellaneous materials and supplies. Insurance
need not cover tools owned or rented by the Seller. Buyer shall furnish to the Seller certificate of insurance on demand by Seller.
I S.Expressly incorporated herein by reference thereto are the plans, scope of work and specifications relating to the materials specified
in the Proposal and Agreement of Sale.
16. In the event any act or thing required of Buyer hereunder shall not be done and performed in the manner and at the time or times
required by this Agreement, Buyer shall thereby be held in default, and all amounts due under the terms and conditions of this
Agreement shall be payable immediately by Buyer to Seller, without demand by Seller. In addition, Buyer will reimburse Seller for
any legal fees and costs that become due as a direct result of Buyers default of this Agreement, and Buyer will pay to Seller interest at
the rate of 12% per annum, calculated on a 360 days equals one (1) year base, on the full sale price stipulated herein. Interest will be
calculated from the date said default takes place, through and including the date of Settlement.
17. The Sellcrs materials as described herein are warranted for a period of one year (commencing upon substantial completion date)
against structural failure due to defective materials or workmanship in the materials manufactured unless otherwise stated by
warranties of the Seller's supplier of purchased components. Such Warranties will be conveyed to Buyer, and Buyer will deal directly
with the Supplier if a claim should arise. Seller's liability is limited to replacing (but not dismantling and installing) defective parts on
an exchange basis F.O.B. the manufacturer's factory. The warranty is limited to "Normal" usage and exposure. The following are
excluded by the definition of "normal" and therefore from this warranty if such conditions exist. A. Improper installation affecting the
structural design of the building or failure to provide the proper drainage of water from all surfaces without internal penetration of the
building. B. Improper maintenance C. Installation in an area subject to nearby fallout or exposure to corrosive chemicals, ash of
fumes from chemical plants, foundries, plating works, kilns, fertilizing manufacture, paper plants and the like_ D. Acts of God,
vandalism, falling objects, external forces, explosion, fire riots, acts of war and radiation. in the event that any defect is discovered by
the Buyer, notices of the defect shall be given to the Seller in writing and such notices must be sent within the warranty period by
certified registered mail. The warranty is tendered for the sole benefit of the original Buyer and is not transferable or assignable and
further is void in the event the product is removed from its original location of installation. There are no other warranties expressed or
implied (including warranties relating to merchantability) except those state herein. Under no circumstances shall seller be liable for
consequential damages for any breach hereof.
18. The failure by seller to enforce at any time, or for any period of time, any of the terms of this Proposal and Agreement shall not be
a waiver of such terms and conditions or of the Seller's right thereafter to enforce each and every term and condition contained herein.
19. Upon acceptance, this proposal, together with its terms and condition, shall constitute the entire agreement between the Seller and
Buyer, there being merged all prior and collateral representations, promises and conditions in connection with this proposal; and any
representations, promise or condition not incorporated herein shall not be binding on either party.
20. Title to the Structure(s) described herein will be conveyed to the Buyer simultaneously with payment in full to the Seller.
21. Definitions; A. Delivery - Date that Structures arrive at the site address. B. Notice of Completion - Date of written notice given
by Seller to Buyer that Structures arc complete and available for Buyer's occupancy. C. Materials - The term materials used herein
shall refer to the item or items provided by the Seller as described on the front page of the Proposal and Agreement of Sale. D.
Beneficial Occupancy - Date that the work to be performed by the Seller is substantially complete.
22. Stenographical and clerical errors contained herein are subject to correction.
23. This agreement and the Terms and Conditions of Sale shall be construed in accordance with anti be governed by the laws of the
State of TEXAS.
24. If concealed conditions are found below the ground and are at variance with known conditions, per the approved drawings, there
shall be an equitable adjustment made to the contract sum by way of a written change order.
25. The price of all services is based upon use of nonunion labor and non - prevailing wage rates.
Initials
Scope of Work
Approved
Customer
Not
Applicable
Nortex
1.
Building production drawings
X
2.
Foundation Pad -minimum 2500 PSF recommended
X
3.
Third party certification of drawings - State of Colorado (building only)
X
4.
Delivery to customers site
X
S.
Site access including all weather road (Vortex does not restore access
wheel ruts and damaged grass, landscaping and trees)
X
6.
Site leveling, compaction and drainage (note positive drainage required
from foundation pad)
X
7.
Stake location (all four corners) and site plan showing building layout
X
8.
Site utilities (electrical, water, sewer including crawl space harnessing)
X
9.
Provide pier (dry stack CMU) foundation plans (above grade only)
X
10.
Permits and fees (other than delivery)
X
H.
Set buildings on foundation pad
X
12.
Provide concrete piers (dry stacked piers using 8 x 8 x 16 CMLI blocks)
on foundation pads 16" x 16" x 4"
X
13.
Remove axles, tires and hitches (left in crawls ace) as needed
X
14.
Provide tempoEu owcr
X
15.
Provide dumpster service for trash removal at the Jobsite
X
16.
Provide bathroom facilities at jobsite for setup crews and subcontractors
X
17.
Anchor building
X
18.
Install skirting to match siding
X
19.
Install interior and exterior finishes
X
20.
Weathertite roof -- single ply membrane
X
21.
Site adjustment of all doors upon completion of setup
X
22.
Level floor during setup
X
23.
Supply/install electrical sub-panel box
X
24.
Engineer, supply and install electrical distribution system, including
"Building Main" and sub feed to electrical sub-panel box
X
25.
Supply/install transformer, if needed
X
26.
Supply/insWI Steps, Ramps and Landings
X
27.
Broom sweep of interior floors upon completion of setup - all other
cleaning by customer
X
28.
Supply/install can2Ey over exterior door
X
29.
Hookup HVAC - roof to units
X
30.
Balance H VAC system (adjust supply air registers as needed)
X
31.
Supply/install miniblinds
X
32.
SuEply/install gurtering and downspouts
X
33.
Supply/install fire alarm system, if needed
X
34.
Supply/install fire _�rinkler system if required
X
35.
Supply/install emergency lighting
X
36.
Supply/install telephone J-boxes and computer J-boxes
X
37.
Supply/install telephone and communication wiring
X
38.
Connect power during set-up
X
Approved
TECHNICAL CLARIFICATIONS
A. Concealed Conditions - if concealed conditions are found below the ground and are at variance
with known conditions, per the approved drawings, there shall be an equitable adjustment made to
the contract sum by way of a written change order.
B. Soil Bearing - The soil bearing capacity shall be at least 2,500 pounds per square foot.
C. Site - To be accessible, reasonably level and clear with positive drainage.
D. Fire Districts - The Buyer, by accepting Sellers bid, agrees to be solely responsible for checking
the property site to assure that the buildings and/or construction will not be in a "Fire District."
Buyer agrees to indemnify and hold Seller harmless for any and all losses, damages, injury,
expenses and costs, including court costs and attorney's fees, which arise out of this issue and/or
for the placement of a building or construction in a "Fire District."
E. Easements - Buyer agrees to be solely responsible for notifying Seller of any and all easements on
or directly surrounding the property site which could impact the location and/or construction of
the building. Buyer agrees to indemnify and hold Seller harmless for any and all losses, damages,
injury, expenses and costs, including court costs and attorney's fees, which arise out of this issue if
said notification is not provided prior to acceptance of Seller's bid.
G. Roof Load - The quoted price includes a 75# roof toad on the building. Any additional roof load
required will be considered a change to the contract and additional funds may be required.
CONTRACTUAL CLARIFICATIONS
A. Completion Date — (6 -8) weeks with immediate award of contract.
B. Permits, Licenses and Fees - Buyer is responsible for obtaining all permits, licenses. fees and any
and all other assessments not specifically waived herein.
C. Warranty - One year, however, all major maintenance of mechanical systems and roofing is
included during the term of any lease. Minor maintenance such as door adjustments, interior touch
up painting and 14VAC filter changes is by customer.
D. Payment Terms - Payment terms are due upon receipt of invoice. 25% due with contract signing,
25% due at completion of engineered drawings. 40% due at completion of manufacturing prior to
shipment, 10% due at completion of Nortex Modular Space's scope of work.
E. Contract Start Date - Start date will be upon contract execution and drawings approval.
F. Wage Rates - Price is based on non - prevailing wage rates and use of non -union labor.
Approved
25' IV 25'----
Classroom 100
CD
Classroom 102
Sao ROOM"
[AL•
ED h— Cho size Rs*wm
'0 Library
N
I
io
cly Computer Room
i I I I
Classroom 101
I o
N, 4- c
11111!
16918-- -- --- — - — - --, -- --- -- i
49-8 --- 25' 10' 25'
ao Classroom 105 Classroom 106 60
C-4 C11
�T Two If
00 co
Cl C`" C"I Classroom 107
Classroom 103
Classroom 104 F. J;- Art Classroom
C4 C"I
16 8' 13-8
r Administrative Teacher's Room Office Personne
ter's Sick Pri scipars Stonqp Room
Lounge 1 -1 1 T
Classroom 108 co
Classroom 109 co 0
Cv "r
11
—a
49'
Cafeteria
Music Room VCSTI CY Room/Mufti
— CODE vj I IA- Purpose Room
W A U.DW L
i L V 25' I 25' 49'8 60'
16918 —
w
CONTACT ' COMPANY CITY,STATE,ZIP
DAN RASMUSSEN INORTEX MODULAR I
AMTEX Corp. Customer Fax #
832 East Walnut Garland. TX 75040 Revision:
Phone 972 276 7626
Fax 972 276 5105
Date Updated:
Height of Bldg.: Ft
Box Size:
No. of Floors:
Module Width:
Module Length
Email amtexCairrnail.net
24-Apr-06
Act Sq. Ft.:
14.96
Sq.Fl,:
140X170
Lf.:
22
Date Quoted:
14
Project:
59.09
SpanjMax)
QUOTE No.: 1042006NOiiTkl
18200 Serial No. (s)
18200 1 COLORADO
844 1 75#
04/20/06
IMULTI COMPLEX
120 14X60 AND I 28X50 BOX SIZES
ON. FRAMES Part Number
22 1
Ea
IType:
X
Outrigger
Perimeter
Skid-steel Skid - 4X6 wood
3
Ea
16000# Brake Axles:
X
w/112 ply tires
14 ply tires
F
3
Ea
6000# Tag Axle
X
w/12 ply Ores
R
Jr. I Beam Depth.
13
Inch
True Modular - Removable Frame
A
22
Ea
Hitch:
X
Detachable
Non - Detachable— I
Extra Axle Has Been Added to Frame
M
Crossmembers @i
148
1 In. O.C.
96"
Ft. Outrigger X
EXTRA STEEL SUPPORT FOR SHIPPING
E
I
FLOOR CONSTRUCTION
Flowing Colors:
1482 1
Ea
I Floor Joist: 2" x
10
Spacing @
ill
" on center
Single Rim Jst.
X
jDbI Rim Jst
F
18200 Sf
lDeck: T&G Plywood
I
Layers
5/8" Plywd.
314"Advantech,
X
1-118" Plywd.
L
1400 Sf
I Floor Covering: Vinyl
1/10" Tile
X
1/8" Tile
X
Roll Goods
Other
0
18200 Sf
Floor Covering:Car et
20 Oz carpet
26 Oz. Carpet
28GZr Carpet
0
18200 Sf
Bottom Board:
X
Rolled
30Ga GaIv
_
Other
R
X
FLOOR NEEDS TO BE CARPET READY EXCEPT IN THE CAFETERIA.STOREROOM,HALLWAY LEADIING
I
TO COURTYARD,ENTRY FOYER.ARTCLASSROOM.UTIITY ROOM
EXTERIOR WALL CONSTRUCTION
I Wall Covering Colors
W
844
Lf
Wall Height:
8
Ft @ 16
1" on center
X
Beltrail
A
728
Ea
Studs:
lWail
2" x 3-
12- x 4"
X
2" x 6"
1
L
211
Ea
Plates
Sql. To & Bottom
X
DbI.Top & Single Bottom
L
6752
Sf
Covering
I
1/4- —Paneling
1
1518- VCG
S
6752
Sf
[Wall Covering:
1/2" Raw Gyp
I X
1112" VC.G.
I
jFRP`
6752
Sf
lWail Covering:
5/8" Raw Gyp
Hardi-Panel
1114' VC-Panelinc,
X
115 * Felt
8018
Sf
Wall Sheathing:
1/8 Thermo ply
7/16" OSB
1112" OSB
1518"CDX PI rood
&
8018
Sr
Wall Sheathing:
1/2" W.R. Gyp
5/8" W.R.Gyp
1/2'. Dens lass
1@ Comers @ Ea 25*
8018
Sf
Exterior SlolinglTrim:
019 Alumn,
X
Smart Panel
Hardi-Panel
IVin Siding
NIA
Sf
Exterior Sidingfrrim:
Ironwood .010
Hi-Rib Steel 26Q
Hi-Rib Steel 29-q
1Best Panel 29 Ga
1P
Ar
Exterior Trim: ---
X
I Top
X
Bottom
X
Windows /Doors
I X lComers
A
INTERIOR WALL CONSTRUCTION
Wall Colors: X MATELINE WALLS ARE DOUBLED
R
1660
1 Lf
lWail Height:
8
Ft @
16 lin. on center
T
1432
lEa
IStuds:
2" x 3- 1
x 12" x 4"
12"
x 6- 1 1518 FT
1
415
jEa
IPlates
Scw To & Bottom
X
Dbl. To & Single Bottom
T
26560
Sf
Wall Covering:
11/4"
Paneling
3/8" VCG
518" VCG
1
26560
Sf lWall
Covering:
1/2" Raw Gyp
X
112" V C.G
Marlite
FRP
0
265W
Si lWall
Covering:
518" Raw Gyp
lHardi-Panel
1/4" V CrIpaneling
Z" Gyp WIFRP
N
Sf
Interior Sheathing:
11/8
Thermopiy
17/16-
OSB
1/2" ORB
_
AFT UP 2 SIDES
S
INTERIOR DOORS X 14 WITH V.P. X 10"X10" X KEYED HARDWARE ALL DOORS
Ea
Interior Doors:
IWITH
MASTER
13/0x6/8
90
SPRING CLOSERS
Ea
interior Doors - Type I
lHollow
'Solid
160
Min- Label
0
20 Min, Label
Ea
interior Door - Finish:
PUSHPULLS
X IGRADE
Mohawk Hollow Core
Ea
lHardware: I
IPasse
a
Priva
30
30
Mohawk Solid Core
Ea
I Hardware: I
Standard Knobs 121KICKPLATES
X
U raded Levers
Ea
I Door iambs
Std MDF Trim
ie Stl
rLockset
Pre-Hung Wood 1 30 1 Fir. Mid Door Stop
Ea
Bi-Fold Doors
opening Ft.
metal
Wood
4164
U
Trim Package:
X
Sid. VCG Stained X 14" Vinyl Base IN ROLLGOOD/TILE
Std. Wood Panel Trim Package ONLY
PAGE #1 of 4 Quote # 042006NORA
AT PRESENT TIME WE ARE SUBMITTING A SHED ROOF HEIGHT MAY NOT BE POSSIBLE IF SO
TRANSVERSE AND MONO WILL BE USED
ROOF CONSTRUCTION
Truss Type:
Wind En 'd
X
Non-Wind En 'd
Box Truss
jPeak (gable) Truss
1322
Ea
Design:
X
Shed Style
Bow Truss
Mono Style
I
iTransverse
1322
Ea
Roof Framing: 2" x
12
" joist @
12
" on center (rafter or truss spacing)
Ea
Ceiling Frame: 2'* x
" joist Q
" on center
R
18200
Sf
Sheathing:
1/8"Thermoply
13/8"OSB
X
7116" OSB
0
Ea
Roof & Attic Venting
44
Gable Vent
Roof Vent
0
U
Mate Beam:
4
Layers
32
" Beam Height
61
# of Beams
60
ILength in Feet
F
Ea
_
Stl Girder:
24" to
" Girder Height
Support Post (Ea)
59-09
Lf
Ceiling:
Foam Seal
7560
Sf
Ceiling:
Seas pray
11/2" Raw Gyp.
1
15/8- Raw Gyp. DE
0
Sf
Suspended Ceiling:
2'X 4'Layin CEILING IS SUPPLIED/INSTALLED BY OTHERS
19292
Sf
Roof Covedw:
30 Ga.
120YrShingles210
X
EPDM .45 mill
29Ga HiRib painted
19383 Sf
Special Roof Covering:
X
1/2" DensDeck
125YrShingles240
]
EPDM .60 milt
29GaHiRib Galvalum(
F INSULATION
126GaHiRib paint
e
29Ga BestPanel
1
18200 Sf
IFloor: R-
Kraft Faced R-
19
Unlaced
N
6752 Sf
Walls: R-
19
Kraft Faced R-
Unfaced
S
18200 Sf
Roof: R-
Kraft Faced R-
30
Unfaced
U
1660 Lf
Insul. A Interior Walls
R-
11
Unfaced X
Toilet Room
X
Partition Walls
L
I
f
PLUMBING
Ea *
Water Heater:
6 Gallon
10 Gallon
1
117 Gallon
1
130 Gallon
Ea
Water Heater
1
50 Gallon
Eemax POU
1
180 Gallon
119 Gallon
Ea
Urinal:
2
Standard
I
Handicap
P
Ea
Urinal Modesty Screen:
Wood Paneling
3
Prefinished Metal
L
Ea
Toilets-Tank Type:
Standard/Tank
6
Handicapfrank
1 9
Elonqatedrrank
U
Ea
IToilets -Flush Valve:
Elong/FV
H.C.IFV
Other:
M
Ea
Toilet Mod. Partitions:
Wood %%W Door
9
Prefinishd MtI.
1Mtd
4
Prefinish'd Metal HC
B
Ea
Lavatories:
12
lWail Hun q
in Counteno
Washer Supply w1m
I
Ea
Bath Accessories:
Mirror
is
I TP Holder
Soap Disp
12
Framed Mirror
N
Ea
Bath Accessories:
Other:
4
lGrab Bars
Paper Towel
WaterSupply Box
G
Ea
Sinks:
115x'15
Bar Sink
1 Fiberglass Mop
I jDblBowl
Kitchen
Garbage Disposal
40
Ea
Supply Piping:
X
CPVC
1 Copper
40
Ea
Waste Piping:
X
PVC
X !Multiple Drops
Single Drop
IShower%Tb
Combo
—
Ea
Showers: W/Curtains
32"Shower
136"Shower
Handicap
With Glass Door
Ea
Water Fountains:
Bubbler
IStd
Elec.Fount,
2
Handicap Elec. Fount. HI LOWS
Lf
Coffee Bar
Laminate Base & Top
Laminate To W/ Sink
ELECTRICAL
Ea
1Load Center:
22
100a-Sql.Ph
1125a.
S Ph
150a. S Ph
1200a.SglPh
E
Ea
1load Center:
100a.3Ph
125a 3 Ph
150a 3 Ph
200a 3 Ph
L
7332
Lf
Raceway:
Romex (12/2)
EMT & #12 Wire
ENT Wire
X
MC Cable W/ #12
E
C
T
4' Fluorescent Lights
Strip
(1) Tube
2TubeT8 Surface
169
4 TubeT8 Recessed
Ea
Diffused Surface Mounted
1(2)
Tube
(4) Tube
X 1
Recessed/Layin (Diffused)
1(2)
Tube
4 Tube
R
8
Photo Cell
I
Ea
Incand. Lights
Dome
8 1
Porch Light
Recess'd Can
18
Dbl Head Fld-
C
Ea
Accessories
20
W.P. Exterior GFI
60
Switches
/CLASSROOMS
A
Ea
Receptacles:
85
120v Recept
Ded 40 or 50A
4
Dedicated
Floor Recp
L
Ea
Accessories
6
GFI Recept.
J-Box' Stub-dn
85
J-Box* Stub-up
Smoke Detector
Ea
Emergency/Exit Li hts:
Emer w/Battery
8
Emer/Exit W/Bat
I
Exit Light
4 jExit
W/Battery
—
Ea
I Exhaust Fans:
50
cfm fan only ,
2
70 cfm fan /CAF
8-1
350 CFM FANS
�6
To W ThruWall
:--I
—
–7:/
-boxes stubbed out thru floor or ceiling Ojo-vWfing, devices, etc.)
PAGE #2 of 4 Quote # U4ZUU5NL)KA
ROOF MOUNTS ARE SHIPPED TO SITE AMTEX NEEDS TWO WEEKS TO MAKE DELIVERY A CALL IS NEEDED
ALL CURBS HOLE CUTOUTS AND HOOKUPS AND TIE IN ARE DONE AT SITE BY OTHERS AMTEX SUPPLIYS
THE CURBS THAT ARE SH100ED TI SITE WITH THE AC UNITS
HVAC
Ea
I Split System
I
Pad/Roof Mid
5.0
A/C Ton
15
KW Heat
Ea
Split System
2
Pad/Roof Mid
3.0
A/C Ton
15
KW Heat
Ea
Split System
2
Pad/Roof Mid
1.5
A/C Ton
15
KW Heat
Ea
Split System
It 5
Pad/Roof Mid
2.6
A/C Ton
15
KW Heat
20
Disconnect
20
Ea
T-STAT
AMTEX std
X
Programable
H
Ea
Window Units
314 Ton Window
11 Ton Window
T
V
1212
Lf
Supply Duct:
Fiberglass
[Galvanized
X !Flex Duct
[Free Blow Sys.
A
RA Grille at A/C
X
Standard Return Air Grille at each A/C included.
C
Lf
Plenum Wall:
Interior of lenum cavil is wrapped in q psum
132
Ea
Supply Grilles:
Sid. Ceiling
24X24 Ceiling
X
24x24 W1 Adjustable Dampers
44 Ea
Return Grilles:
Sid Wall Grilles
2024 Ceiling
8
Jump DuclsXPair
JU
Additional Duct
Fiberglass
Galvanized
X
Flex Duct
FURNITURE
—
I FIRE DAMPERS
20
Lf
Base Cabinets:
I
Melamine
Plastic Laminate
X
Woad rain
F
22
U
Countertop:
Melamine
X
Postformed
Formica Lam I X 1WHITE
U
22
Lf
Wall Mount'd Cabinets:
Melamine
jPlastic Laminate
X
Wood rain
R
Other Misc.
N
Ea
Plan Tables 3`x5'
On Pole Legs I JWI Cabinet
Fold Down Plan Rack
Ea
Lockers
I'x18*x6'Dbl Locker
I 'x I 8'x6' Sng Door Locker
T
Ea
Bunk Beds
jPr.Buill-In.
Pr MtI.Frames
34" Mattress Ea.
U
Ea
Ran & Vent Hood
30" 4 Burner Rar
20"4 Bumer
Vent Hood
L4
R
Ea
Washers & Dryers
Std Washer 30"
1 Sid Dryer 30"
Compact w
E
Ea-
FileCabinets& Shelves
File Cabinets
Ln.FtWireShelf
DinningTable &Chairs
Ea
Refigerator
14 Cubic Ft.
16 Cubic Ft.
Other
Ea
Burqlar Bars
(cl) Windows
0 ExteriorDoors
Interior MTD
Exterior MM
Ea iMarker
Boards
i 4'x4' Marker Bd.
15'x4' Marker Bd
6'x4' Marker Bd.
8x4' Marker Bd.
Ea I
Cork Boards
2'x3' Cork Bd.
14'x4' Cork Bd,
5'x3' Cork Bd.
parapet
1
844
u
loarypet
x
1parapet
x
three sides only
w
Lf
1parapet
12
"Height
0-
" Projection
X
10 Ends of Bldg.
X
Along Sides
E
844
I
Sf
1parapet
X ISmart
Panel
.019 Aluminum
X
I
I
ironwood .010
T
WINDOWS
38
j3'X4'
46" X 27`
130-
X 27"
18x8 H.S.
E
Type:
Hortz Sliders
X
Vert Sliders
Fixed
X
Insulated (DIG)
R
Frame/Glass:
Mill/Clear
Mill/Tinted
X
Bronze/Clear
Bronze/Tinted
Brand:
X
Phillips
HR
Other:
0
Ea
Mini Blinds
38
Sells)
X
Alumn
Steel
Vinyl
R
38
Ea j
Ext. Window Trim
X
I x4 SmartPanel
1x4 Hardi-Panel
I x4 Cedar
None
EXTERIOR DOORS X MASTER KEYED GRADE I X ALL WITH PANICS CLASSROOM TYPE
T
Ea
Exterior Doors:
36x80 MH
1_36x80
al. active
36x80 sit active
36x80 IS LT st active
E
Ea
Exterior Doors:
4
36x80SteeICraft
172X80
DbI Alum
72X80 DbI Steel
DbI 15 LT ST active
M
Ea
IStore Front Doors:
SoI36x84
I JDbI72x84
—1
X
Bronze/Tinted
Standard Mill/Clear
S
—
Ea
Hardware:
4
PUSH [PULLS
Lockset
4
RIM CYLINDER
8
Panic - Hardware
Hardware:
Standard:
No View Pane
X
Upgraded (lever): X CLASSROOM TYPE
Ea
Ext Door Treatments:
X jW/10x10
Pane
RecessedEntry
H closer I
I storm chain
6
EA
Ext.Door Trim
X 11
x4SmartPanel
1x4 Hardi-Panel
1x4 Cedar I
lGrade 2 hyd closer
Ea
Boxes wider than Listed
Ft Wider 0 Additional
Ea
Boxes wider than Listed
IFt
Wider 0 Additional
Ea
Boxes NARROWER than listed
Ft Narrower 0 Deduct
Ea
jBoxes NARROWER than listed
Ft Narrower 0 Deduct
Ea
lonner than Listed
Ft Longer 0 Additional
Ea
-Boxes
Boxes longer than Listed
Ft Lonqer 0 Additional
Ea
Boxes SHORTER ' than listed
Ft shorter 0 Deduct��
Ea
Boxes SHORTER than listed
Ft
shorter 0 Deduct I
PAGE #3 of 4 Quote # 042006NORA
ON. Ulm
Ea
'SHIPPING WALLS
LF
'Shipping plastic Guaranteed for 30 days before detedoratin commences day off production line
M
F162.5
Ea
Seismic an les
I
Ea
Electrical Crossovers
S
Ea
Other Misc. Seaming Materials Shipped Loose (per mateline
C
BUILDING IS TO BE SPRINKLED NO MATERIAL IS SUPPLYED BY AMTEX.
COLLECTION BOXS AND DOWNSPOUTS ARE NOT IN THIS QUOTE
COLORADO CODE COSTS
Codes
X
IBC
I
Construction Ofc.
Occupancy
iness
X
Educational
Medical
C
O
Occupancy
AOm
Assembly
Non Coded Bldg.
Wind Load
h
D
Note: Local Codes or Approvals
are not included
In this quote
E
S
State Seals
I
Foundation Design
lEngineering I
I
New Mexico
I X
70LORADO
I X ITexas
X
(PFS Seat
NONE I
X j
Included - non sitespecific
x ITHREE
SETS OF SEALED PRINTS
T
O
T
A
NOTE: NO FIRE ALARM SYSTEM OR SPRINKLER SYSTEM IS IN THIS QUOTE
NOTE: THIS IS NOT A RATED BUILDING OR CORRIDOR
NOTE: AMTEX DOES NOT KNOW THIS BLD. LOCATION, AS TO THE DISTANCE TO OTHER BUILDINGS
NOTE: ONLY THE ITEMS SHOWN ON THIS QUOTE ARE IN AMTEXS WORK SCOPE
L
NOTE: IF INT. DOORS NEED AJUSTING AT SITE. THIS THE RESPONSIBILITY OF THE SET UP CREW
S
SF Price:
S I TOTAL
Quoted By: Russell Flanigan
Approved By:
THIS QUOTE IS SUBJECT TO REVIEW PENDING RECEIPT OF ANY WRITTEN SPECIFICATIONS AND DRAWINGS
IF NONE WERE IN OUR POSSESSION ON THE ABOVE DATE. ANY CHANGES, ADDITIONS. OR RE- ARRANGEMENTS
NECESSARY TO COMPLETE.THE WORK OTHER THAN THOSE SPECIFIED ABOVE WILL BE AT DEALER EXPENSE.
PRICE SHOWN 1S SU93JECT TO CHANGE WITHOUT NOTICE, AFTER 30 DAYS. AT Tf
DISCRETION OF AMTEX MANUFACTURING.
(i) NOTE: READ THIS QUOTE CAREFULLY. The Items listed within this quotation are the only Items
Included. (2) SUBSTITUTIONS: AMTEX reserves the right to substitute materials that are equal to or
better than that specified. (3) WARRANTY: AMTEX One year warranty commences at the time of
Invoicing. Invoice will be Issued when building is completed at factory.
PAGE #4 of 4 Quote # 042006NORA
RED SANDSTONE ELEMENTARY SCHOOL LEASE
BETWEEN
EAGLE COUNTY SCHOOL DISTRICT RE-50J AND THE TOWS OF VAIL
1. PARTIES. The parties to this Lease are the TOWN OF VAIL, COLORADO (Town),
a Colorado municipal corporation, and EAGLE COUNTY SCHOOL DISTRICT RE-50J
(District), a governmental subdivision of the State of Colorado,
2. PURPOSE AND AUTHORITY. The parties enter into this Lease for the benefit of the
District for the education of persons within their respective jurisdictions. Article XX, Section 6,
and Article XJV, Section 18 of the Constitution of the State of Colorado, Sections 29-1-203 and
22-32-110, Colorado Revised Statutes, and Sections 13.1 and 13.3 of the Charter of the Town of
Vail, Colorado, grant to the parties the right to enter into this Lease.
3. PREMISES. The Town hereby leases to the District the surface rights for the property
described in EXHIBIT A (Premises), situated in the Town of referred , Colorado, Vail, rr to as the
Red Sandstone Elementary School and Playground (School).
4. PLAYGROUND LEASE. The Town and the District entered into a separate Lease
Agreement, dated August 8, 1990 for certain property adjoining the School, to be used by the
District as a playground ("Playground'), attached as EXHIBIT B. The parties hereby
forth in this Lease. In addition, the f ollowing terms and conditions shall also apply:
incorporate the Playground with the Premises and subject to all of the terms and conditions set
4.1. Use. The Playground shall always be used solely as a playground.
4.2. Additional improvements.. The District shall not construct or place any
additional improvements on the Playground, other than the existing swing set, without the
Town's prior written approval. Such approval shall not be unreasonably delayed or
withheld.
4-3• Open Space. Remaining areas shall be sodded and left as open space.
4-4. Removal of Equipment. Upon termination of this Lease, the District shall
surrender the Playground in clean and good condition, including all equipment or
improvements thereon.
4-5. Maintenance. The District shall keep the Playground free of waste at all times
and maintain in a clean and orderly condition, including any sidewalks, bike paths or
public rights of way and shall further be responsible for the care, upkeep and compliance
with regulation of the playground equipment. The Town shall have no duty of
maintenance or repair with respect to the Playground premises and equipment or any
improvements thereon_
5. COVENANT OF QUIET ENJOYMENT. The Town warrants that it owns the real
property described in EXHIBIT A in fee simple; that the property is clear and clear of all liens
and encumbrances; and that it has the fall fight and authority to enter into this Lease. The Town
warrants that the District shall enjoy the possession and use of the Premises in peace and without
disturbance or interference,
6. TERM OF LEASE AND OPTIONS TO RENEW. This Lease shall commence on
July 1, 2005 and shall continue for a period of 30 years, ending June 30, 2035. Provided that the
School is in good, tenantable condition on June 30, 2035 the District has the right to renew this
Lease under the same terms and conditions set forth in this Lease for an additional 30-year term,
commencing on July I of 2035 and ending June 30, 2065, then an additional 25 years, ending
June 30, 2090, for a total of 85 years. If the District erects a new school building during any
renewal term, then the District shall have the further Tight to renew for two additional terms of 40
years each, commencing on the first day following the expiration of the term in which the new
school building is erected. The District shall provide 90-days prior written notice to Town of its
intent to renew the Lease at the end of the term.
7. RENT. The District shall pay rent of $300.00 or $10.00 per year due and payable on
July 1, 2005 for the initial 30-year term. For each renewal term entered into by the parties, the
District shall pay the full rental amount of $200.00 in advance for each 20-year renewal term.
Rent shall be due on July I of the first year of each renewal term.
8.1. Use Restriction. The District shall use the Premises only for school, recreational
and/or community purposes. In the event the District persists in using the Premises for a
purpose other than school, recreational, and/or community purposes in violation of this
Lease, the Town may terminate this Lease for good cause during any term hereof by
giving prior written notice of the violation, The District shall then cease using the
Premises for the remainder of the term and any renewal term of the Lease.
8.2. Abandonment. If the District ceases to operate a public school on the Premises
for a period of 36 consecutive months during any term hereof, such cessation shall create
a presumption that the District has abandoned its leasehold interest under this Lease and
that the Town may terminate this Lease because of said abandonment. The presumption
of abandonment is subject to being rebutted by the District. In the event the District
ceases permanently to use the Premises for school purposes or abandons Its leasehold
interest through cessation of use as stated above as determined by the agreement of the
parties or the final judgment of a court of competent jurisdiction, the Town may
terminate this Lease during any term hereof by giving written notice thereof to the
District.
8-3. Right to Cure. Upon receipt of a notice of violation or presumption of
abandonment, the District shall have the right to cure such violation within 30 days of
such notice before the Town may terminate the District's leasehold interest for violation
or initiate a civil action in the District Court for Eagle County, Colorado following
compliance with the requirements of paragraph 20 below.
8A. Purchase of Improvements. If this Lease is terminated by either party at a time
prior to 6 months preceding the end of any term hereof, the Town shall have the first right
and option to purchase any or all improvements erected on the Premises by the District at
their appraised value as of that time, at the end of any renewal term or at a time within 6
K
months preceding the end of any renewal term. If the Town has not exercised its option
to purchase the improvements, the District or its successor shall remove any and all
improvements that it may have erected on the Premises and restore said premises to
essentially the same condition which existed at the inception of this Lease. If such
improvements cannot be separated from the Premises, said improvements may be given
to the Town by the District or its successor.
9. LIABILITY INSURANCE. To the extent permitted by law, the District shall indemnify
and keep harmless the Town from any and all losses, damages, charges or claims resulting from
personal injury, death or property damages that may arise from the District's negligence-under or
relating to this Lease.
9.1 The District shall place and maintain at all times, at its sole expense, a general
liability insurance policy with respect to the Premises in which the limits of liability shall
be not less two million dollars ($2,000,000) for each occurrence and with an annual
aggregate coverage of not less than five million dollars ($5,000,000).
9.2 All general liability.insurance required of the District shall include the Town as an
additional insured and shall include.a provision requiring the insurer to endeavor to give
the Town thirty (30) days' notice prior to cancellation.
9.3 Certificates of insurance issued by the insurer shall be filed by the District with
the Town within 60 days after the date of this Lease is executed by the District.
10. PROPERTY INSURANCE. The District shall obtain and maintain during the term of
the Lease and any renewal period, property insurance in an amount equal to or greater than the
current appraised value of the school buildings and other improvements on the Premises to insure
said improvements with respect to fire, flood, and other typical local hazards, and certificates of
such insurance issued by the insurer shall be filed by the District with the Town within 60 days
after the date of this Lease. The District agrees that if any or all of said improvements are
damaged or destroyed, said damage shall be promptly repaired or replacement improvements
promptly erected on the Premises by the District, applying thereto any insurance payments
received by it; provided, however, that if said damage or destruction exceeds 50% of the current
appraised value of said improvements, the District shall be required to repair or replace said
improvements only in the event it is reasonable at that time for it to continue operating a school
on the Premises.
UTILITIES. The District shall be responsible for all utilities furnished for the Premises.
12. MAINTENANCE. The District shall keep and maintain the Premises, including
improvements and vegetation, in a good, clean and healthful condition, making repairs as
necessary at its sole cost and expense; provided, however, that the Town shall be responsible for
snow removal for the Premises, with the exception of the sidewalks and stairs located in front of
the school, the upper ramp from the playground to the parking circle, and all asphalt west of the
parking circle, which shall remain the responsibility of the District.
3
I3. IMPROVEMENTS. The District may, at its option and at its sole cost and expense, at
any time and from time to time, make such alterations, changes, replacements, improvements
and additions to the Premises and the buildings and improvements thereon as it may deem
desirable, including the demolition of any building, improvement, and/or structure that now or
hereafter may be situate or erected on the Premises, provided that the use of the Premises as a
school site is not thereby permanently terminated or abandoned, nor curtailed for a period of time
longer than reasonably required to effect such alterations, changes, replacements, improvements,
or additions.
14. COMMUNITY USE OF PREMISES. The District agrees to permit community use of
the school building or buildings and improvements on the Premises in accordance with the
provisions of Section 22-32-110, Colorado Revised Statutes. It is understood that no use by
community organizations will be approved by the District if such use unreasonably interferes
with the District's use, or if its continuance interferes with the District's use, or if the District's
use is impaired or adversely affected thereby. If the District, in its sole discretion, determines
that it is beyond its power under said statute to permit such use, the District shall not permit such
use. The District agrees that it will permit community organizations the use of such buildings
and improvements without distinction as to the geographical affiliation or origin of the user
community organization, so long as such user organization is affiliated with or has its origin in
the District or a municipality located within the boundaries of the District. The District shall
keep the Premises, including improvements, open to reasonable public use at all times during the
original term and any additional term of this Lease, except that such use may be limited in the
event of damage to the Premises or other conditions that in the reasonable decision of the District
render usage of the Premises impracticable.
15. RIGHT OF INGRESS AND EGRESS. The District shall provide adequate access
throughout the Premises for school, recreational, and community purposes, and thereafter keep
and maintain said access in good condition during the original term and any additional terms of
this Lease, making repairs as necessary. The Town and the District acknowledge that the
occupant of the adjacent property, the Vail Gymnastics Center, shares use of the access road on
the Premises as shown in EXHIBIT A. The District grants the Vail Gymnastics Center the right
to use the road for ingress and egress. This right of use shall be more specifically defined and
subject to such terms and conditions as agreed by the parties to this Lease in a separate inter-
governmental agreement.
16. DAMAGES TO PROPERTY. In the event the school building or buildings are
destroyed or damaged by fire, flood, or other casualty so as to be rendered untenantable,
cessation of their use by the District for a reasonable time shall not be deemed to be an
abandonment of its leasehold interest under this Lease, provided that the District, within a
reasonable time, informs the Town that it shall repair or replace said buildings and that said
repairs or replacement are in fact made in accordance with the terms hereof.
17. LIENS. The District shall not suffer or permit a lien to be asserted or filed against the
Premises arising out of its operations or activities. If a lien is asserted or filed against the
Premises, the District shall promptly cause the lien to be removed. Upon failure to do so, the
Town may satisfy and cause the lien to be removed and the District agrees to reimburse the
Town on demand for the costs and expenses of any such proceeding.
0
I$. CONSULTATION. The parties acknowledge that, over the term of this Lease issues
may arise concerning implementation of this Lease that the parties have not now contemplated.
Recognizing that a high level of cooperation between the parties is necessary and desirable, the
parties agree to consult with each other from time to time concerning this Lease. The parties
further agree that their respective representatives will meet to conduct such consultation upon 10
days written request given by one party to the other party. In addition, each party shall from time
to time designate in writing such party's "contact person" for all matters involving the
administration of this Lease.
19. ALTERNATIVE DISPUTE RESOLUTION. In the event that any dispute or claim
arising under this Lease is not settled pursuant to the consultation provisions set forth in the
preceding paragraph, a party may notify the other in writing of its desire to attempt to resolve
such dispute or claim through mediation conducted under the auspices of the Judicial Arbiter
Group (JAG) of Denver, Colorado. If JAG is no longer in existence or impractical as agreed to
by the parties, then mediation shall occur under another recognized established mediation service
within the State of Colorado. Such mediation shall be conducted within 60 days following either
party's written request. If such claim or dispute is not settled through mediation, then either
party may initiate a civil action in the District Court for Eagle County, Colorado.
20. NOTICES. Any notice required or permitted by this Lease shall be in writing and shall
be deemed to have been sufficiently given for all purposes if sent by certified or registered mail,
postage and fees prepaid, addressed to the party to whom such notice is intended to be given at
the address set forth on the signature page below, or at such other address as has been previously
famished in writing to the other party or parties. Such notice shall be deemed to have been given
when deposited in the U.S. Mail.
21. DEFAULT AND/OR TERMINATION. All terms and conditions of this Lease are
considered material. In the event that either party defaults in the performance of any of the
covenants or agreements to be kept, done or performed by and under the requirements of this
Lease, the non-defaulting party shall give the defaulting party 30 days written notice of such
default, and if the defaulting party fails, neglects or refuses for a period of more than 30 days
thereafter to make good or perform the default, then the non= defaulting party, without further
notice, may, in addition to any other remedies available to it, terminate all rights and privileges
granted in this Lease and this Lease shall be of no further force or effect. If the non-defaulting
party elects to treat this Lease as being in full force and effect, the non-defaulting party shall
have the night to an action for damages.
22. WAIVER OF BREACH. The waiver by any party to this Lease of a breach of any term
or provision of this Lease shall not operate or be construed as a waiver of any subsequent breach
by any party.
23. ASSIGNMENT. Neither party to this Lease shall transfer or assign any interest in the
Premises without first obtaining the written consent of the other party.
24. SEVERABILITY. If any provision of this Lease or its application is finally determined
to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision shall be
9
deemed to be severable, and all other provisions of this Lease shall remain fully enforceable, and
this Lease shall be interpreted in all respects as if such provisions were omitted.
25. EXHIBITS. All exhibits referred to in this Lease are, by this reference, incorporated in
this Lease for all purposes.
26. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for
convenience and reference, and are not intended in any way to define, limit, or describe the
scope or intent of this Lease.
27. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any
additional documents and to take any additional action necessary to carry out this Lease.
28. INTEGRATION AND AMENDMENT. This Lease represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings. This Lease
may be amended only by an instrument in writing signed by the parties.
29. SUPERSEDES PRIOR LEASES. This Lease supersedes and replaces any prior leases
for the Premises between the parties, including that certain Lease of the Premises dated
September 16, 1975, and that certain Lease Agreement for the Playground dated August 8, 1990.
30. NO THIRD PARTY BENEFICIARIES. None of the terms, conditions or covenants
set forth in this Lease shall give or allow any claim, benefit or right of action by any third person
not a party to this Lease. Any person other than the parties to this Lease who or which receive
services or benefits under this Lease shall be only an incidental beneficiary,
31. GOVERNING LAW. This Lease shall be deemed to have been made in the State of
Colorado, shall be construed under the laws of the State of Colorado and shall be binding upon
and inure to the benefit of the successors and assigns of the parties to this Lease.
32. IMMUNITIES PRESERVED. It is the intention of the parties that this Lease shall not
be construed as a contractual waiver of any immunities or defenses provided by the Colorado
Governmental Immunity Act, Section 24-10-101 and following, Colorado Revised Statutes.
33. DATE. 2006.
[SIGNATURE PAGES FOLLOW)
R,
MI
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ATTEST:
owk
C
STATE OF COLORADO
ss:
COUNTY OF EAGLE
TOWN OFIVAIL, COLORADO
By
Town M
75 Sout Frontage Road
Vail, Colorado 81657
970-479-2.107
970-479-2157 (Fax)
The foregoing instrument was acknowledged before me on e7 2006, by
I t ��P,
as Town Manager, and attested o v
( , Lorr-4.; t4ala.-,
as Town Clerk of the Town of Vail, Colorado. Witness-,by hand and official seal.
t4 A Q
S4
o9tar P lie <�-f�
!i y'- 1
My Commission expires: o
01t
Vi, -
7
EAGLE COUNTY SCHOOL DISTRICT RE-50J
By
President, Board of Education
P.O. Box 740
757 East Third Street
Eagle, Colorado 81631
970-328-6321
970-328-1004 (Fax)
Secretary, Board of Education
STATE OF COLORADO
ss:
COUNTY OF EAGLE
The foregoing instrument was acknowledged before me on 2006, by
C�
as President, and attested to by
as Secretary of the Board of Education of the Eagle County School District RE-50J. Witness my
hand and official seal.
Notary Public
My Commission expires'.
1.11
PARCEL DESCRIPTION
A PORTION OF LOT 8, AND A PORTION OF LOT C, BLOCK 2, VAILIPOTATO PATCH, ACCORDING TO
THE PLAT RECORDED MARCH 5, 1974 IN BOOK 233 AT PAGE 629, AND THE LEASE AGREEMENT
RECORDED SEPTEMBER 29, 1975 131N BOOK 242 AT PAGE 51, TOWN OF VAIL, EAGLE COUNTY, STATE OF
COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEASTERLY CORNER OF SAID LOT 8 WHICH IS A POINT ON THE
NORTHERLY RIGHT -OF -WAY LINE OF INTERSTATE HIGHWAY No. 70, THENCE N I 1 °17`22" W ALONG
THE WEST LINE OF SAID LOT 8 A DISTANCE OF 127.68 FEET; THENCE DEPARTING SAID WEST LINE OF
SAID LOT 8 THE FOLLOWING EIGHT (8) COURSES:
I ) S 61-0346" W A DISTANCE OF 12.59 FEET,
2) S 34-38'01- W A DISTANCE OF 65.07 FEET,
3) THENCE S 85oO 1'28" W A DISTANCE OF 10.70 FEET TO A POINT OF CURVATURE;
4) THENCE 63.12 FEET ALONG THE ARC OF SAID CURVE TURNING TO THE LEFT HAVING A
CENTRAL ANGLE OF 65o08'04-, A RADIUS OF 55.53 FEET, AND A CHORD WHICH BEARS
N 84-08'52" W, A DISTANCE OF 59.78 FEET;
5) THENCE N 28o32'05" W A DISTANCE OF 59.42 FEET;
6) THENCE N 52 °31'09" E A DISTANCE OF 50.01 FEET,
7) THENCE N 70'21'29- E A DISTANCE OF 77.72 FEET;
8) THENCE S 80-12'25- E A DISTANCE OF 50.18 FEET TO A POINT ALONG SAID WEST LINE OF
SAID LOT S; THENCE N I 1') 722" W ALONG SAID WEST LINE A DISTANCE OF 252.72 FEET TO THE
NORTHWEST CORNER OF SAID LOT 8; THENCE S 86'16'10" E ALONG SAID NORTH LINE OF SAID LOT 8
A DISTANCE OF 629.66 FEET TO THE NORTHEAST CORNER; THENCE S 00-0712- E ALONG THE EAST
LINE OF SAID LOT 8 A DISTANCE OF 238,85 FEET TO A POINT ALONG SAID NORTHERLY RIGHT-OF-
WAY LINE OF INTERSTATE HIGHWAYNo. 70; THENCE CONTINUING ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE 562.56 FEET ALONG AN ARC OF A CURVE TURNING TO THE LEFT HAVING A
CENTRAL ANGLE OF 08oO4'42", A RADIUS OF 3990.00 FEET, AND A CHORD WHICH BEARS S 77-07'32" W,
A DISTANCE OF 562.09 FEET TO THE POINT OF COMMENCEMENT.
SAID PARCEL CONTAINS 4.563 ACRES OF LAND MORE OR LESS.
BRENT BIGGS PLS No. 27598
PREPARED FOR AND ON BEHALF OF
PEAK LAND SURVEYING, INC
P: \\200 -1299' 1278. I\Docs%Extend lease-Legal.doc
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ATTACHMENT 8-8-10
EXMINT B RECT AUG 1 3 19M
TOWN OF VAIL/EAGLE COUNTY SCHOOL DISTRICT RE50J
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this 240
V day of
Awst 1990, by and between the TOWN OF MAIL, a Colorado municipal
0
corporation, (hereinafter referred to as "Lessor"), and EAGLE COUNTY SCHOOL
DISTRICT RESOD, a public school district of the State of Colorado (hereinafter
referred to as "Lessee").
WHEREAS, the Lessee wishes to lease certain property from the Lessor for
the use by the Lessee as a playground and the Lessor is willing to lease the
property under the terms and conditions set forth in this lease agreement.
NOW THEREFORE, the parties agree as follows:
1. The Lessor hereby leases to Lessee the following premises located
in the Town of Vail, County of Eagle, Colorado (the "Premises"), as shown in
Exhibit A attached hereto and made a part hereof.
2.
Lessee
shall
use the Premises solely as
a playground.
3.
As rent
for
the Premises during the term
of this Lease, the Lessee
shall pay the Lessor the sum of $100.00, the receipt of which is acknowledged
by the Lessor.
4. Lessee shall pay at its sole cost and expense during the term of
this lease all taxes, licenses, assessments, and levies of every kind and
Character which may be taxed, charged, assessed, or levied upon the Premises
or upon any of the equipment placed thereon.
5. Lessee shall not without the prior written consent of the Lessor
(which consent shall not be unreasonably withheld) construct or place any
additional improvements on the Premises other than the existing swing set.
The remainder of the Premises shall be sodded and left as open space. In the
event that improvements are constructed upon the Premises with the Lessor's
consent, Lessee agrees to pay promptly, when due, any and all charges for such
construction and shall hold Lessor harmless from any and all liability,
including court costs and reasonable attorneys fees, arising out of any
claims, demands, liens, or encumbrances of any kind or nature whatsoever which
are related to such additional construction.
6. Lessor shall have no duty of maintenance or repair with respect to
the Premises and equipment or improvements thereon. During the term of this
lease, at its sole cost and expense, Lessee shall keep and maintain the
Premises and all buildings, equipment, and improvements placed upon it in good
order, condition, and repair, and make any and all necessary repairs thereto
including interior, exterior, structural, and non-structural, ordinary and
extraordinary, foreseen and unforeseen. At the expiration or termination of
this lease, Lessee shall surrender the Premises free from all improvements,
equipment, fixtures, buildings, and equipment, and the Premises shall be left
clean and in good condition.
7. Lessee shall take good care of the Premises and any of the
improvements thereon, and keep the same free from waste at all times and in a
clean and orderly condition. Lessee shall keep the Premises and any
sidewalks, bikepaths, or public rights-of-way on the Premises clean and free
from snow, ice, dirt, and rubbish at all times.
8. Lessee, at Lessee's own cost and expense, shall comply with all
applicable laws, rules, requirements, orders, directions, ordinances, and
regulations of the United States of America, the State of Colorado, the County
of Eagle, and the Town of Vail during the term of this lease, and shall
indemnify, defend, and save harmless the Lessor from and against any and all
liabilities and penalties, including reasonable attorneys fees which may be
incurred, by reason of any violation of this Section.
9. Lessee shall, for itself and for the protection of Lessor,
throughout the term of this lease carry at Lessee's sole cost and expense,
general liability insurance against all claims for personal injury, death, or
property damage occurring upon, in, or about the entire Premises, buildings,
and improvements presently situated or hereafter erected thereon and in or
about the entire Premises, equipment or improvements presently situated on the
property, and with respect to all claims, demands, or actions arising out of
or in connection with Lessee's use or occupancy of the Premises, or use of the
improvements, or equipment on the property by Lessee or third parties. The
insurance shall name Lessor as an additional insured, and shall have minimum
limits of liability in the amount of $500,000.00 to cover personal injury or
bodily injury to any one person, and $1,000,000-00 in respect to any one
accident to disaster. The insurance provided for in this paragraph shall be
obtained from insurers licensed to do business in the-State of Colorado.
Within 10 days of the execution of this lease, Lessee shall provide Lessor
with policies or certificates of insurance evidencing that the required
insurance has been obtained. Within 15 days after the premium of any policy
shall become due and payable, the Lessor shall be furnished with satisfactory
evidence of its payment, and the policy shall to the extent obtainable contain
an agreement by the insurer that it shall not be canceled without at least 10
days prior written notice to the Lessor.
10, This lease shall commence on August 1, 1990, and shall be for an
initial term ending on September 15, 2005; and thereafter on the same terms
and conditions as are set forth on Paragraph 2 of that Lease, between the
t
E
parties dated September 16, 1975, and recorded in the records of Eagle County,
Colorado on September 29, 1975, in Book 242 at Page 51.
11. The failure of the Lessee to perform any one or more of the terms
or covenants of this lease shall result in the immediate expiration thereof
upon the giving written notice by lessor to lessee of such termination.
12. Upon the expiration of or earlier termination of the term of this
lease, lessee shall peaceably surrender the lease Premises in the same
condition, ordinary wear and tear accepted.
13. lessee agrees to indemnify and save lessor harmless against any
and all claims, demands, damages, casts and expenses, including reasonable
attorneys fees, arising from the use of the lessee of the Premises or from any
breach or default on the part of the lessee to perform pursuant to the terms
of this lease, or from any negligence of Lessee, its officers, directors,
agents, contractors, servants, employees, in or about the Premises. In the
case of any action or proceeding brought against lessor by reason of any such
claim, lessee agrees to pay all costs, including reasonable attorneys fees,
relating to the investigation and defense of such claim.
14. Lessee may not assign this lease or sublet the Premises to any
other party without the written consent of lessor.
15. lessee accepts the Premises in its present state and without any
representation or warranty by the lessor as to the condition of the Premises
or as to the use which may be made thereof.
16, This agreement shall be binding upon and inure to the benefit of
the parties, their successors, and assigns.
17. This agreement sets forth all the covenants, promises, agreements,
conditions, and understandings between the Lessor and Lessee concerning the
Premises. All prior communications, negotiations, representations,
agreements, and understandings, whether oral or written between the parties
are merged in this agreement, this lease superseding and canceling them. No
subsequent alteration, amendment, change, or addition to this lease shall be
binding upon the Lessor or Lessee unless reduced to writing and executed by
the party against which subsequent alteration, addition, change, or
modification is to be enforced.
IN WITNESS WHEREOF, the parties have signed this agreement on the day
and year first above written.
TOWN OF VA TL- COLORADO, a Colorado
Z* o
co
;mu c al (rporat*
By: By:
Randall V. Phillips, TQ1n Manager
75 S. Frontage Road
Vail, Colorado 81657
(303) 479-2100
ATTEST:
4ToC�IerR�
EAGLE COUNTY SCHOOL DISTRICT RE50J
public school district of the
State of Colorado
President,-fo'ard of Education
P.O. Box 740
Eagle, Colorado 81631
(303) 328 -6321
ATTEST:
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Is' Draft Points for Town Council
1. Traer Creek LLC will amend 1998 agreement with Town to include use of land as a
temporary public school.
2. Traer Creek LLC will sign document to provide an alternative site on their property for
equivalent space for snow storage.
3. Traer Creek LLC will sign document stating that they will indemnify the Town of Avon
for any environmental damage stemming from the alternative snow storage site.
Furthermore, Traer Creek LLC will provide a bond for the same purpose.
4. Stone Creek Elementary (SCE) will sign a document stating the use of the property is
temporary and will vacate the premises with 6 months to one year notice from the Town
of Avon that they need the property for their public works facility.
5. SCE will return the property in the same condition in which it was received.
6. SCE will carry all insurance on the property and indemnify the Town of Avon for any
liability issues.
7. SCE will get approval from Town of Avon planning and Zoning and Traer Creek Metro
District for all licenses and permits.
8. SCE will pay all tap fees with the Eagle Valley Water District.
People for meeting
Denise Mund — Senior Consultant CDE Schools of Choice Unit
Barb Collins — Principal Avon Elementary
Dan Rassmussen — Nortex Modular Space
Teachers, Parents, Students
I00 ' • 1 T
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: RIVERFRONT SUBDIVISION TAX CREDIT ORDINANCE
s
DATE: M3y, 106 1 lei I OLP
On the Council agenda is an ordinance providing for a credit against the real estate
transfer tax and the public accommodations tax under certain circumstances. This ordinance is
recommended for adoption by the Council as a part of the implementation of the Council's
approval of the Amended and Restated Development Agreement and Facilities Operation
Agreement for The Confluence on March 14, 2006.
The Annexation and Development Agreement provides for a rebate of incremental
real estate transfer taxes to the developer of Riverfront Subdivision in the amount of $1,557,000.
The rebate is subject to annual appropriation although it is anticipated that most if not all of that
amount will be rebated upon opening of the Westin Hotel. The Facilities Operation Agreement
obligates the Town to make annual contributions to the operation and maintenance of the gondola
and public plaza and restrooms. That obligation is also subject to annual appropriation by the
Council.
The proposed ordinance has been agreed to as a part of both agreements. It is
understood that the tax credit concept contained in the ordinance is necessary to give lenders an
assurance that the developer and the Confluence Metropolitan District will have an alternate
revenue stream in the event of non - appropriation by the Council. The ordinance therefore provides
that, in the event of non - appropriation, public improvement fees (PIF's) in the same amount will be
collected and paid to the developer and the District. One PIF would mirror the real estate transfer
tax, and the other PIF would mirror the public accommodations tax. Pursuant to the two
agreements, the Town's finance director would serve as collecting agent to assure that the correct
amount is collected.
The Amended and Restated Development Agreement commits the Council to the
approval of this ordinance within 15 days of the effective date of the agreement. Inasmuch as
purchase of the property by the developer was closed on April 28, it is necessary that Council
approve the ordinance on first reading at this time.
JWD:ipse
TOWN OF AVON, COLORADO
ORDINANCE NO. 06-08
Series of 2006
AN ORDINANCE AMENDING TITLE 3, AVON MUNICIPAL CODE CONCERNING
THE PUBLIC ACCOMMODATIONS TAX AND REAL PROPERTY TRANSFER TAX
TO PROVIDE A CREDIT AGAINST SUCH TAXES DUE IF CERTAIN PUBLIC
IMPROVEMENT FEES HAVE BEEN PAID IN CONNECTION WITH THE
DEVELOPMENT KNOWN AS THE CONFLUENCE
WHEREAS:
A. The Town is a municipal corporation duly organized and existing
under its Home Rule Charter adopted pursuant to Article XX of the Constitution of the State of
Colorado.
B. The Town desires to cooperate in the development of certain
property within the Town known as "The Confluence" and to cooperate in the funding of public
improvements related to such development. The Town has heretofore entered into a Facilities
Operation Agreement, dated May , 2006 (the "Facilities Agreement "), by and between the
Town and Confluence Metropolitan District (the "District ") and into an Amended and Restated
Development Agreement, dated as of March 14, 2006 (the "Development Agreement ") by and
between the Town and Avon Confluence LLC (together with its successors and assigns, the
"Developer ").
C. Pursuant to the PIF Covenant (as defined in the Facilities
Agreement), the Developer has imposed a public improvements fee on certain lodging sales and
services occurring within the property known as The Confluence and described in the PIF
Covenant as the PIF Property, which public improvement fee is to be used to contribute to the
operation of public improvements within the Town.
D. The Developer is authorized pursuant to the PIF Covenant (as
defined in the Development Agreement) to impose a public improvements fee on the first real
property transfer of certain real property located within the property known as The Confluence
and described in the PIF Covenant as the PIF Property, which public improvement fee is to be
used to contribute to the financing of public improvements within the Town.
E. Pursuant to the Facilities Agreement, the Town desires to provide a
tax credit against the obligation to pay the public accommodations tax to the Town for persons or
entities who pay the public improvement fee defined in the Facilities Agreement as the "Lodging
PIF".
F. Pursuant to the Development Agreement, the Town desires to
provide a tax credit against the obligation to pay the real property transfer tax to the Town for
persons or entities who pay the public improvement fee defined in the Development Agreement
as the "Real Property Transfer PIF."
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 2. Public Accommodations Tax Credit. Chapter 3.28, Title 3,
Avon Municipal Code, is amended by the addition of a Section 3.28.076 to provide as
follows:
Notwithstanding any other provisions of this Chapter, and in order
to implement the provisions of the Facilities Operation Agreement,
dated as of May _, 2006 (the "Facilities Agreement"), by and
between the Town of Avon and Confluence Metropolitan District,
there shall be granted to each person or entity owing the public
accommodations tax on the sale or provision of lodging services
which are subject to Town public accommodations tax occurring
within the PIF Property, as defined in the PIF Covenant, and
incorporated herein by this reference, a temporary tax credit
against collection of the public accommodations tax as hereinafter
set forth. Such tax credit shall be granted in the form of a credit in
an amount equivalent to the rate of the applicable public
accommodations tax levied by the Town, and shall attach to a
particular transaction only to the extent that the Lodging PIF is
collected and received by the Collecting Agent for such
transaction. The tax credit for the public accommodations tax shall
be automatic and shall take effect immediately upon the first
remittance to and receipt by the Collecting Agent of the Lodging
PIF (reflected on the retailer's periodic tax report relating to the
Ordinance No. 06-08 'Fax Credit Ordinance
Page 2 of 5
public accommodations tax to the Town) following the PIF
Commencement Date with respect to the Lodging PIF. The tax
credit for the public accommodations tax shall be granted during
each PIF Collection Period with respect to the Lodging PIF and
shall not exceed the amount of the public accommodations tax. All
capitalized terms used in this section and not otherwise defined
herein shall have the meanings given to them in the Facilities
Agreement.
Section 3. Real Property Transfer Tax Credit. Chapter 3.12, Title 3,
Avon Municipal Code, is amended by the addition of Section 3.12.066 to provide as
follows:
Notwithstanding any other provisions of this Chapter, and in order
to implement the provisions of the Amended and Restated
Development Agreement, dated as of March 14, 2006 (the
"Development Agreement "), by and between the Town of Avon
and Avon Confluence LLC (together with its successors and
assigns, the "Developer "), there shall be granted to each person or
entity owing the tax on transfers of real property which is subject
to Town real property transfer tax occurring within the PIF
Property, as defined in the PIF Covenant, and incorporated herein
by this reference, a temporary tax credit against collection of the
real property transfer tax as hereinafter set forth. Such tax credit
shall be granted in the form of a credit in an amount equivalent to
the rate of the applicable real property transfer tax levied by the
Town and shall attach to a particular transaction only to the extent
that the Real Property Transfer PIF is collected and received by the
Collecting Agent for such transaction. Further, such tax credit
shall apply only with respect to real property transfer tax payable
on the first transfer of real property [from the Developer to a third
party] and any subsequent transfer of real property which are
subject to the Town real property transfer tax shall not be subject
Ordinance No. 06 -08 Tax Credit Ordinance
Page 3 of 5
to this tax credit. The tax credit for the real property transfer tax
shall be automatic and shall take effect immediately upon the first
remittance to and receipt by the Collecting Agent of the Real
Property Transfer PIF following the PIF Commencement Date
with respect to the Real Property Transfer PIF. The tax credit for
the real property transfer tax shall be granted during each PIF
Collection Period with respect to the Real Property Transfer PIF
and shall not exceed the amount of the real property transfer tax.
All capitalized terms used in this section and not otherwise defined
herein shall have the meanings given to them in the Development
Agreement.
The credit provided for herein shall expire, and this Section
3.12.066, shall be deemed repealed upon the satisfaction of the
obligations of the Town pursuant to Section 5.1 of the
Development Agreement.
Section 4. Effect of Credit. The Town Council hereby determines that
the creation or termination of this credit does not constitute a tax increase, the
imposition of a new tax, or a tax policy change directly causing a net tax revenue gain
to the Town, and that nothing herein, in the Facilities Agreement or in the
Development Agreement creates a multiple fiscal year financial obligation or other
indebtedness of the Town. Nothing herein, in the Facilities Agreement, in the
Development Agreement or in the PIF Covenant prohibits the Town from amending
or terminating this tax credit.
Section 5. Repealer. All bylaws, orders, resolutions and ordinances,
or parts thereof, inconsistent herewith are hereby repealed to the extent only of such
inconsistency. This repealer shall not be construed to revise any bylaw, order,
resolution or ordinance, or part thereof, heretofore repealed.
Section 6. Ratification. All actions heretofore taken (not inconsistent
with the provisions of this Ordinance) by the Town Council and other officers and
Ordinance No. 06-08 'Fax Credit Ordinance
Page 4 of
employees of the Town in connection with the Facilities Agreement and the
Development Agreement and the implementation of the provisions thereof are hereby
ratified, approved and confirmed.
Section 7. Effective Date. This Ordinance shall be in full force and
effect seven days after posting following final adoption.
INTRODUCED, PASSED ON FIRST READING AND ORDERED
POSTED the 9th day of May, 2006, and a public hearing hereon shall be held the 23rd day of
May, 2006 at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark
Road, Avon, Colorado.
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
ADOPTED ON SECOND READING AND ORDERED POSTED the
day of 2006.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
Ordinance No. 06-08 Tax Credit Ordinance
Page 5 of 5
-�K�^ K�
TO: ^~''^`�O~^`~IL
FROM: TOWN ATTORNEY
RE: ORDINANCE AMENDMENTS RELATING TO VESTED
RIGHTS AND TO AND
DATE: May 17,2006
These ordinances are before Council for second reading.
The ordinance related tn applications for and subdivision approval contains
only one change. In Section i the language has been expanded to included applications for
amendment ofa development plan.
The ordinance related to vested rights contains u number nf changes. The remainder
of this i�c o[voa�c�ri'�tno����aorihcot�n et� to the
Town's vested rights, including those arising from discussion at the last Council meeting.
onsn�ocaouunzropouuu cua�u�y _='-_ proposed oucu���a
Before lg87it was very difficult Lo have o "vested right" ioany zoning
The concept of "common law vesting" had been developed, pursuant to which b was necessary 1u
show reliance upon uzoning before there was any vested interest in it. Usually it was
ooccmmuryb)ahnp/1hutubuildiogpern/it had been issued and that money had been spent 1odevelop
the property io conformance with the zoning approval. Without reliance of that kind, the zoning
approval could be revoked without damage to the property owner.
In 1987 the legislature adopted the Vested Property Rights Law to change that
common law rule. In essence the legislation entitled any property owner, in association with an
application for approval of any site specific development plan, k> request that the approval
constitute u vested right. Under the law the property owner was entitled tou vested right ofthree
years duration although the local government in its discretion could agree to a longer period. The
law also required that each local government adopt its own vested rights ordinance. A1 first the law
and the Town's ordinance were little used, and the Town did not receive such a request until 1996
when the first application for approval of The Village (at Avon) was filed.
As a matter of additional history, the vested rights statute was amended in 1999.
The Town has never acted to incorporate those amendments into the ordinance.
Changes to the Town's present ordinance are as follows:
1. 17.14.020. The definition of "site specific development plan" is changed from its
present, rather circular definition to the documents currently used to vest property rights, the PUD
development plan and a development agreement. "Site specific development plan" is so broad as
to permit the vesting of nearly anything. Limiting the definition as proposed narrows what can be
vested and requires great specificity.
2. 17.14.040. The hearing procedure is deleted and replaced with a cross-reference
to the code section which sets forth the procedure for approval of a PUD. It has been the practice
over the past ten years to handle a request for vesting like any other zoning application.
3. 17.14.050. The burden to publish a notice of vesting of property rights is shifted
to the applicant. Without publication of the notice, the time for judicial review or referendum does
not begin. Obviously it is important that that happen, but it should not be the fault of the Town if it
does not.
4. 17.14.060. This section, dealing with the term of vesting, has been completely
rewritten. Included are provisions for termination of a vested right. Any hearing for termination
must be preceded by the Council's adoption of an order and notice to show cause. The language
recommended by the Planning and Zoning Commission has been deleted. It is the recommendation
of staff that any termination hearing be conducted by only the Council.
5. 17.14.070. This section, dealing with application of other regulations, has been
completely rewritten. The amended language makes it clear that only regulations like the building
code are intended. This permits the Town maximum flexibility in negotiating the development
agreement as part of the review process.
6. 17.14.080. "Planning and Zoning Commission" has been changed to "Town
Council" to reflect actual practice.
7. 17.14. 100 and 110 have been deleted. Neither section is needed.
JWD:ipse
TOWN OF AVON, COLORADO
ORDINANCE NO. 06 -09
Series of 2006
AN ORDINANCE AMENDING CHAPTER 17.14, TITLE 17, AVON MUNICIPAL
CODE, RELATING TO VESTED PROPERTY RIGHTS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section L Amendment. The definition of site specific developmentplan
contained in Section 17.14.020, Chapter 17.14, Title 17, Avon Municipal Code, is amended to
provide as follows:
Site specific development plan means a planned unit development plan approved
pursuant to Section 17.20. 110 of this Code together with a development agreement
approved pursuant to Section 17.14.060(a) hereof.
Section 2. Amendment. Section 17.14.040, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
No site specific development plan shall be approved until after public hearings
in compliance with Chapter 17.28 of this Code.
Section 3. Amendment. Paragraph (b) of Section 17.14.050, Chapter 17.14,
Title 17, Avon Municipal Code, is amended to provide as follows:
The failure of the document constituting a site specific development plan to
contain this language shall invalidate the creation of the vested property right. In
addition, a notice generally describing the type and intensity of the use approved, the
specific parcel or parcels affected and stating that a vested property right has been created
shall be published once by the landowner in a newspaper of general circulation in the
Town not more than fourteen (14) days after final adoption of the ordinance approving
the site specific development plan.
Section 4. Amendment. Section 17.14.060, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
(a) A property right which has been vested pursuant to this Chapter shall remain
vested for a period designated in a development agreement, not to exceed five (5) years.
Provided, nothing contained in this paragraph shall be construed so as to prevent the
Town Council from agreeing as apart of the development agreement for extensions of
the period of vesting upon further public hearing and demonstration by the landowner
that it meets the conditions for such extension contained in the development agreement
and that it complies with the Comprehensive Plan in effect at the time of consideration of
the extension.
(b) The rights vested by any site specific development plan may be terminated,
upon a finding of a material breach of any condition of approval of the plan, or any
component thereof, including the failure of the landowner to comply with the terms and
conditions of the development agreement, the site specific development plan, a related
subdivision improvements agreement or any other agreement related to that development.
Any such hearing shall be initiated by the adoption by the Town Council of an order and
notice to show cause, which shall describe the basis on which termination is sought.
(c) Any site specific development plan approved after June 1, 2006, shall be
reviewed at least every five (5) years to determine if any cause exists pursuant to
Paragraph (b) hereof for termination of the rights vested by the plan. Such review shall
include but not be limited to whether the landowner or developer is in compliance with
its obligations to the Town contained in the original approvals, including but not limited
to the site specific development plan, the development agreement and any other
agreements between the landowner and the Town, as they may have been amended from
time to time. Such review shall also include an evaluation of the conformance of the site
specific development agreement with the comprehensive plan in effect at the time of the
review.
Section 5. Amendment. Section 17,14.070, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
The establishment of a vested property right shall not preclude the application of
ordinances or regulations which are general in nature and are applicable to all property
subject to land use regulation by the Town including, but not limited to, the regulations
contained in Title 15 of this Code.
Section 6. Amendment. Section 17.14.080, Chapter 17.14, Title 17, Avon
Municipal Code, is amended to provide as follows:
In the event an amendment to a site specific development plan is approved, the
effective date of such amendment, for the purpose of determining the duration of a
vested property right for that amendment, shall be the date of adoption of the amendment
unless the Town Council specifically finds to the contrary and incorporates such finding
in the ordinance approving the amendment.
Section 7. Repeal. Sections 1714.100 and 17.14.110, Chapter 17.14, Title 17,
Avon Municipal Code, are repealed.
Section 8. Severability. If any provision, clause, sentence or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 9th day of May, 2006, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 23rd rd day of May, 2006, at 5:3 ) 0 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2006.
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
Ronald C. Wolfe, Mayor
TOWN OF AVON, COLORADO
ORDINANCE NO. 06-10
Series of 2006
AN ORDINANCE AMENDING TITLES 16 AND 17, AVON MUNICIPAL CODE,
RELATING TO APPLICATIONS FOR DEVELOPMENT AND SUBDIVISION
APPROVAL AND ERECTION OR CONSTRUCTION OF IMPROVEMENTS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Section 17.12.010, Chapter 17.12, Title 17, Avon
Municipal Code, is amended by the addition of a paragraph (5) to provide as follows:
(5) No application for approval of a development plan or for amendment of a
development plan shall be received for processing or approved, and no application for a
building permit shall be granted, when the applicant is in default under any related or
unrelated agreement or obligation to the Town.
Section 2. Amendment. Section 16.12.050, Chapter 16.12, Title 16, Avon
Municipal Code, is amended by the relettering of paragraph (c) as paragraph (d) and by the
addition of a new paragraph (c) to provide as follows:
(c) No application shall be placed on a meeting agenda of the Town Council at a
time when the applicant is in default tinder any related or unrelated agreement or
obligation to the Town.
INTRODUCED, PASSED ON FIRST READING AND ORDERED POSTED
the day of , 2006, and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council on the day of 1 2006, at 5:30 P.M. in the
Council Chambers, Avon Municipal Building, 400 Benchmark, Road, Avon, Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of , 2006.
FART CT.N
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dlnui, Town Attorney
Ronald C. Wolfe, Mayor
2
rUVJ*UVT11:MV1ff1 "A
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: NUISANCE ORDINANCE (Ordinance No. 06-11)
DATE: May 17, 2006
Council is requested to adopt on first reading an ordinance which will amend the
Town's nuisance regulations. One part of the ordinance will cause the storing or parking of
railroad cars to be a public nuisance. The other part will clarify the nuisance regulations to the
effect that a complaint may be filed in municipal court without compliance with other procedural
requirements of the regulations.
The change with respect to railroad cars results from the announcement by the
Union Pacific Railroad that it will be storing rail cars in the Minturn rail yard in the future. Those
cars will be brought from western Colorado or Utah and therefore will have to be moved through
Avon to reach Minturn. Town staff is concerned that some of those cars may be parked in Avon
before they are moved to Minturn or that they may be stored on the passing track in Avon. The
purpose of the proposed ordinance is to cause that practice to be a nuisance so that fines can be
imposed on the railroad.
The clarification of the nuisance regulations arises out of a recent ruling by the
municipal judge that the Town could not file a complaint for causing a nuisance without first
following abatement procedures contained in the nuisance regulations. The Town's prosecutor
disagrees with that ruling, but the easiest course of action is clarification of the regulations to make
it clear that exhaustion of other remedies is not necessary before a complaint is filed.
JWD:ipse
TOWN OF AVON, COLORADO
ORDINANCE NO. 06- 11
SERIES OF 2006
AN ORDINANCE AMENDING CHAPTER 8.24 OF THE MUNICIPAL CODE OF THE
TOWN OF AVON RELATING TO PUBLIC NUISANCES.
Railroad; and
and
WHEREAS, the Town is bisected by the right-of-way of the Union Pacific
WHEREAS, there is development within the Town adjacent to such right-of-way;
WHEREAS, the right-of-way for the railroad is inactive at this time; and
WHEREAS, the use of the right-of-way for purposes other than the movement of
trains, including but not limited to for purpose of the storage or parking of railroad cars, would
have the effect of depreciating the value of property adjacent to the right-of-way; and
WHEREAS, the use of the right-of-way for such purposes further would be
visually offensive to residents of, and visitors to, the Town;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. Chapter 8.24, Title 8 of the Municipal Code of the Town of Avon is
amended by the addition of a Section 8.24.042 to read as follows:
8.24.042 Storage of Railroad Cars.
The storing or parking of railroad cars on railroad tracks within the Town is determined
and declared to be a public nuisance. A railroad car shall be presumed to be stored or parked if it
has remained within the Town for a period in excess of five days.
Section 1. Chapter 8.24, Title 8 of the Municipal Code of the Town of Avon is
amended by the addition of a Section 8.24.145 to read as follows:
8.24.145 Filing complaint.
In addition to or in lieu of any procedure for abatement and without any prior
investigation or providing of notice of the existence of the nuisance, a direct complaint may be
filed by any person or police officer against any person who violates any provision of this
Chapter.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED
POSTED the _ day of , 2006 and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the day of , 2006, at
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road,
Avon, Colorado.
Ronald C. Wolfe, Mayor
[Vffvxw�
Patty McKinny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND
READING AND ORDERED POSTED the day of 2006.
Ronald C. Wolfe, Mayor
Patty McKenny, Town Clerk
".-92-141wy p11ff%yK-11 BE
John W. Dunn, Town Attorney
il� [4 11 Loll
To: Honorable Mayor and Town Council
Thrt.l: Larry Brooks, Town Manager
From: Norman Wood, Town Engine 1W
Date: May 15, 2006
Re: Resolution No. 06 -22, A Resolution Approving and Accepting the Traer
Creek Metropolitan District Improvements Installed and Constructed in
Accordance with the Subdivision Improvements Agreement for The Village
(at Avon) Filing 3 and Establishing Warranty Period for the Public
Improvements.
Summary: Traer Creek Metropolitan District has submitted all required documentation
for approval and acceptance of the District Improvements required by the Subdivision
Improvements Agreement (SIA) (attached Item 2) for The Village (at Avon) Filing 3. These
improvements generally consist of all streets, roads, walkways, drainage facilities and utilities
required to access and serve Filing 3. Most of these Improvements have been substantially
complete and functioning since November 11, 2005, when the Swift Gulch Road opened to
the public. Since that time the few remaining items have been completed and the required
documentation has been submitted. All required submittals and documentation was
completed April 20, 2006 which is recommended as the date for acceptance and initiation of
the Warranty Period.
Resolution No. 06 -22, Series of 2006 (attached Item 1) approves and accepts the District
Improvements and establishes the warranty period in conformance with the SIA. The
Resolution further allows the release of collateral required during construction upon submittal
of an approved Maintenance Bond issued to Traer Creek Metropolitan District in the amount
of 5% of the total construction cost ($158,798.16) as security for the Warranty Period in
accordance with the SIA. The warranty is currently secured by District Funds in the amount
of $158,798.16 reserved by Resolution in accordance with the SIA.
We recommend approval of Resolution No. 06 -22, Series of 2006, A Resolution Approving
and Accepting the Traer Creek Metropolitan District Improvements Installed and Constructed
in Accordance with the Subdivision Improvements Agreement for The Village (at Avon)
Filing 3 and Establishing Warranty Period for the Public Improvements.
N,
Discussion: The Village (at Avon) Filing 3, SIA between Traer Creek LLC, Traer
Creek Metropolitan District and the Town of Avon provides for construction of the public
improvements required to serve the proposed subdivision. The improvements generally
included all streets & roads, storm drainage and utilities (water & sewer) as listed in Exhibit A
and Cost Estimates in Exhibit B to the SIA.
Documentation verifying satisfactory completion of the improvements is attached:
Item 3 - Alpine Engineering, Inc.
Engineer's Opinion of Project Conformity
Item 4 - Golder Associates
Quality Assurance Assessment for Retaining Wall Construction, The
Village (at Avon), Swift Gulch Road, Eagle County, Colorado
Item S - Hepworth- Pawlak Geotechnical
Letter Verifying - Compliance of Materials, Swift Gulch Road, The
Village (at Avon), Avon, Colorado
Item 6 - Excel Energy
Letter verifying completion and acceptance of High Pressure Gas Line
serving The Village (at Avon) project
Item 7 - Holy Cross Energy
Letter verifying that all conduit and vaults required for primary electric
services have been installed and accepted
Item 8 - Eagle River Water & Sanitation District - Water Main
Letter verifying water main installation has passed all required
construction inspections of the acceptance procedure
Item 9 - Eagle River Water & Sanitation District - Sewer Main
Letter verifying sewer main installation has passed all required
construction inspections of the acceptance procedure
Based upon this documentation, we recommend approval and acceptance of the District
Improvements in accordance with the SIA by the adoption of Resolution No. 06 -22, Series of
2006.
Recommendation: Approve Resolution No. 06 -22, Series of 2006, A Resolution
Approving and Accepting the Traer Creek Metropolitan District Improvements Installed and
Constructed in Accordance with the Subdivision Improvements Agreement for The Village
(at Avon) Filing 3 and Establishing Warranty Period for the Public Improvements.
1:AEngineedng`vAvon VillageA4.0 Filing 3 \4.9 Completion \Res 06 -22 Completion Memo.Doc 2
Proposed Motion: I move to approve Resolution No. 06-22, Series of 2006, A
Resolution Approving and Accepting the Traer Creek Metropolitan District Improvements
Installed and Constructed in Accordance with the Subdivision Improvements Agreement for
The Village (at Avon) Filing 3 and Establishing Warranty Period for the Public
Improvements.
Attachments:
Item I - Resolution No. 06-22, Series of 2006
Item 2 - Subdivision Improvements Agreement
Item 3 - Alpine Engineering, Inc. - Engineer's Opinion of Project Conformity
Item 4 - Golder Associates - Quality Assurance Assessment for Retaining Wall
Construction
Item 5 - Hepworth-Pawlak Geotechnical - Letter Verifying Compliance of
Materials
Item 6 - Excel Energy - Letter Verifying Completion & Acceptance of High
Pressure Gas Line
Item 7 - Holy Cross Energy - Letter Verifying Completion & Acceptance of
Primary Electric Service Conduits & Vaults
Item 8 - Eagle River Water & Sanitation District - Letter Verifying Water Main
Construction Inspections Acceptance
Item 9 - Eagle River Water & Sanitation District - Letter Verifying Water Main
Construction Inspections Acceptance
Town Manager Comments:
1AEngineering\Avon Village\4.0 Filing 3\4.9 Completion\Res 06-22 Completion Memo.Doc 3 a13
TOWN OF AVON
RESOLUTION NO. 06-22
Series of 2006
A RESOLUTION APPROVING AND ACCEPTING THE TRAER CREEK
METROPOLITAN DISTRICT IMPROVEMENTS INSTALLED AND CONSTRUCTED IN
ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT FOR THE
VILLAGE (AT AVON) FILING 3 AND ESTABLISHING WARRANTY PERIOD FOR
DISTRICT PORTION OF THE PUBLIC IMPROVEMENTS
WHEREAS, the Town of Avon entered into a SUBDIVISION IMPROVEMENTS
AGREEMENT, dated June 8, 2004, with Traer Creek LLC and Traer Creek Metropolitan District
in connection with the approval of the Final Plat for The Village (at Avon) Filing 3, Town of Avon,
Eagle County, Colorado; and
WHEREAS, said Agreement established certain public improvements to be constructed by Traer
Creek Metropolitan District (District Improvements) in conjunction with said subdivision; and
WHEREAS, said Agreement established requirements for the provision of collateral to assure
completion of the Subdivider Improvements in accordance with the Agreement and the subsequent
release of the collateral upon completion and the stipulated warranty period; and
WHEREAS, said District Improvements were substantially complete as of April 20, 2006; and
WHEREAS, all required documentation for approval and acceptance of the improvements has
been submitted as of April 20, 2006.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, that:
1. The District Improvements required to be constructed in conjunction with The
Village (at Avon) Filing 3 were substantially complete as of April 20, 2006, in accordance
with the SUBDIVISION IMPROVEMENTS AGREEMENT and the stipulated one -year
warranty period for said improvements shall extend to April 20, 2007.
2. The public improvements are hereby approved and accepted by the Town of Avon
with the exception of items of warranty work, which are identified during the warranty
period, which items shall have a warranty period, which extends for one year from the date
of satisfactory correction of the warranted item.
I:AEngineering \Avon VillageA4.0 Filing 3 \4.9 Completion \Res 06 -22 Completion.Doc
3. Effective April 20, 2006, the collateral may be released and warranty work on
District's Improvements may be secured by a Maintenance Bond issued to Traer Creek
Metropolitan District, for the Town's benefit, in the amount of S 158,798 in accordance
with the Subdivision Improvements Agreement.
ADOPTED THIS DAY OF .2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny,
Town Clerk
1:\Engineering\Avon Village\4.0 Filing 3\4.9 Completion\Res 06-22 Completion.Doc
15
SUBDIVISION IMPROVEMENTS AGREEMENT
THE VILLAGE (AT AVON) FILING 3
THIS AGREEMENT, made and entered into this kNay of J*,+,-�— 2004,
is by and among Traer Creek-RP LLC, a Colorado limited liability company ("Subdivider"),
Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the
State of Colorado (the "District"), and the Town of Avon, a Colorado municipality, by and
through its Council (the "Town").
RECITALS
WHEREAS, Subdivider and the District, in connection with the approval of the final plat
for The Village (at Avon) Filing 3, consisting of 108.720 acres in the SE '/4 of Section I and in
the W Yz of the SW 14 of Section 8, T. 5 S., R. 81 W. , of the 6th P.M., Town of Avon, Eagle
County, Colorado (the "Subdivision"), desire to enter into a Subdivision Improvements
Agreement with the Town as provided for by Section 16.24. 100 of the Avon Municipal Code, as
amended (the "Code"); and
WHEREAS, pursuant to the Code, the Town desires to make reasonable provisions for
completion of certain public improvements (the "improvements ") set forth in Exhibit A attached
hereto and incorporated herein by reference; and
WHEREAS, the District is responsible for the performance and completion of the
Improvements.
AGREEMENT
NOW THEREFORE, in consideration of the following mutual covenants, conditions
and promises, the parties hereby agree as follows:
I . Final Plat Approval. The Town agrees that upon compliance with all other
conditions of approval, and subject to the terms and conditions of this Agreement, the Final Plat
of The Village (at Avon) Filing 3 shall be promptly filed for record with the Office of the Eagle
County Clerk and Recorder.
2. Completion of Work.
(a) Performance. District agrees to furnish all equipment, labor and material
necessary to perform and complete, in a good and workmanlike manner, all improvements and
work incidental thereto as set forth in Exhibit A. District further agrees that it shall be solely
responsible for all costs related to the performance and completion of the Improvements as set
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forth on Exhibit B. All said work shall be performed in accordance with the construction plans
and specifications as submitted to and approved by the Town prior to commencement of
construction of Improvements. All Improvements shall be completed within one (1) year of the
date of the Town's approval of the Final Plat for the Subdivision, subject to extensions for force
majeure events as defined in Section 13 below,
(b) In§pection Procedures.
(1) All work shall be done under the inspection procedures and
standards established by the Town, shall be subject to the reasonable satisfaction of the Town
and shall not be deemed complete until the reasonable approval and acceptance of the
Improvements by the Town. The Town will forward copies of all observation reports to the
District, Subdivider and the District's engineers (who shall be registered in the State of
Colorado) responsible for providing the opinion required by Section 7 hereof
(2) Designation of inspectors. Prior to commencement of construction
work on the Improvements, the Town will designate the individuals or independent third parties
employed by the Town who are authorized to inspect the construction of the Improvements.
Such inspections by the Town shall not relieve the District or its agents from any responsibility
or obligation to assure that all work is completed in conformance with standards, plans and
specifications as submitted to and previously approved by the Town.
is (3) Cost of inspections. The cost of such inspections, whether by
Town employees or an independent third party inspector, shall be paid by the District, subject to
the limitations set forth in paragraph 8 below.
(4) Notice of Non-Compliance. In the event that the Town, through
the inspectors, reasonably determines that the Improvements are not in compliance with the pre-
approved construction plans and specifications, or that additional observation or testing by the
project engineer is necessary to assure compliance, it shall give written notice of such non-
compliance, or additional observation or testing requests, to District's engineers, Subdivider and
the District ("Notice of Non-Compliance"). The Notice of Non-Compliance shall include a
narrative describing the unsatisfactory construction work with specific reference to the applicable
construction plans and specifications. The Notice of Non-Compliance must be provided to
District's engineers, Subdivider and the District within two (2) working days of the date of the
observation.
3. Securitv for Completion of Improvements.
(a) Securi To secure completion of the Improvements, the District hereby
agrees to secure its obligations under this Agreement with Collateral in accordance with Section
16.24.100 of the Code. Collateral shall be one or a combination of the following: cash orits
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equivalent; securities of acceptable value; letter of credit; bond for warranty period only; and
land of acceptable value by deed of trust.
(b) Substitution of 5ecuri The District may substitute another form of
collateral acceptable to the Town in place of the forms of security set forth below in order to
guaranty the faithful completion of the Improvements and the performance of the terms of this
Agreement.
4. District's Oblizatioris Concerning hAp rove ments.
(a) Funding Resolution. The District has adopted a resolution (the "Funding
Resolution ") attached hereto as Exhibit C authorizing the District's execution of this Agreement
and providing for the appropriation, segregation and use of funds in an amount s4fficient to
guarantee the construction of the Improvements set forth on Exhibit A. The estimated costs of
completion of the Improvements are set forth on Exhibit B attached hereto and incorporated
herein by reference.
The Funding Resolution specifically provides that all funds referenced therein are
unencumbered and free from claims of others such that, if necessary, any requests for payment
approved by the Town may be promptly honored. As a condition to recordation of the Final Plat,
the District shall provide the Town Engineer with evidence that such funds have been
appropriated and segregated in a separate account (the "Security Account) and identified for use
in connection with this Agreement. The District shall renew the Funding Resolution at the
beginning of each subsequent calendar year until all Improvements have received final
acceptance or until the District provides substitute collateral acceptable to the Town.
(b) Prou
as Payments on Improvements. The District may make progress
payments to its contractors from the Security Account on a monthly basis upon the partial
completion of itemized improvements which have been set forth on Exhibit A and upon fifteen
(15) day's prior written notice including an itemized statement of the District to the Town. The
District shall retain ten percent (10%) of the amount of each payment until final completion and
acceptance of all work covered by each construction contract; provided however, when the value
of work completed has progressed to fifty percent (50%) of the contract amount, the District shall
not be required to withhold additional retainage for the remainder of the work under such
contract. The (10 %) ten percent retainage of the value of work completed may be reinstated if in
the Town's opinion the lack of progress or other substantial reasons exist. Except for the
foregoing, in no event shall any progress payment cause the remaining sum to be available in the
Security Account for subsequent disbursements to be less than one hundred ten percent (I 10%)
of the costs to complete all remaining Improvements as estimated at the time of each progress
payment. Upon completion of all work related to the Improvements, the Town's acceptance of
the Improvements and the expiration of the Warranty Period set forth in paragraph 5 below, the
Town shall release any finiher interest in the Security Account.
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0 (c) Default by District. In the event of a default in whole or in part by the
District, the Town shall be authorized to access the funds in the Security Account for the purpose
of undertaking completion or remediation work on the Improvements after providing thirty (30)
days advance notice of default to Subdivider and the District and providing an opportunity during
such period for the District and the Subdivider to cure the default. The Town shall be entitled to
draw on the Security Account by Resolution of the Town Council stating (i) that the District is in
default, and (ii) the funds are required in order to complete or correct work on the Improvements.
District funds identified in the Funding Resolution shall be held, whether by the District or the
Town, in compliance with the requirements of C.R.S. 29-1-803(1) for the purpose of providing
for the completion of the improvements.
5. Wwmbbriod The Improvements shall be warranted to be free from defects in
workmanship or quality for a period of one (1) year after acceptance of all the work by the Town.
In the event of any such defect, the Town may require the District to correct the defect in material
or workmanship. The amounts for completion of all warranty work on the Improvements shall
be secured by a letter of credit, bond or other acceptable collateral in the amount of one hundred
and ten percent (110%) of the cost of such corrective work to be held by the Town during such
one (1) year period, as a guaranty of performance of any work required under the above-
described warranty. In the event any corrective work is performed during the one (1) year
warranty period then the warranty on said corrected work shall be extended for one (1) year from
the date on which it is completed.
6. Condition of Public Dedicated Roadways. The District shall at all times prior to
acceptance of any publicly dedicated roadways within the Subdivision by the Town give good
and adequate warning to the traveling public of each and every known dangerous condition
existent in said roads and shall protect the traveling public from such defective or dangerous
conditions. Until the completion of all the Improvements herein agreed to be constructed, roads
not accepted as improved shall be under the charge and control of the District for purposes of this
Agreement; and the District may close all or a portion of any street or road within the
Subdivision whenever it is necessary to protect the traveling public during the construction or
installation of the Improvements herein agreed to be made.
7. Engineer's Qpinion. Upon completion of portions of the Improvements, the
District will cause its engineers (who shall be registered in the State of Colorado) to provide a
written opinion that the installation of the Improvements, or portions thereof as may be
completed from time to time, have been completed in general conformance with standards, plans
and specifications as submitted to and previously approved by the Town. Inspection reports, test
results and other supporting documentation shall be submitted with the opinion. The engineer's
opinion shall also include a statement that the opinion is based on a reasonable review and
investigation of all observation reports by the Town inspectors and that all issues of "Non-
Compliance" and additional observation and testing requests that have been provided to the
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engineer were addressed to their satisfaction prior to the issuance of engineer's opinion.
& Subdivision and ins pe_ctionFees. Fees in accordance with the Town's
Subdivision Regulations for the review of Preliminary Plans and Final Plats have been paid in
full. Additional fees shall be paid to the Town by the District within thirty (30) days after
delivery of written invoice for such fees to cover the cost of inspections by the Town. The fees
will be based on direct (out-of-pocket) costs of the Town plus an administrative fee in the
amount of fifteen (15%) percent of the direct costs, but in no event will the total amount of such
additional fees exceed five percent (5%) of construction costs.
9. No Obligation of Town to L C
mplete 1Wro!Lements. Subdivider and the District
agree that in the event the District shall fail to perform its obligations as set forth herein, the
to%M shall be und6i ndoblig4tion to complete or perform any of the Improvements. No one,
individually or otherwise, other than the parties hereto, shall acquire, as a result of this
Agreement, any rights, claims or obligations from or against the Town, its agents, employees or
officers. Actions by the Town against the District to enforce any provision of this Agreement
shall be at the sole discretion of the Town. Except in the event the Subdivider completes cure of
the District default and thereby is entitled to require the Town to accept the Improvements, no
third parties (including the Subdivider) shall have any rights to require any action by the Town
pursuant to this Agreement and this Agreement shall not create a liability on the part of or be a
cause of action against the Town, for any personal or property damage that may result to any
third parties (including the Subdivider) from the failure of the District to complete the
Improvements herein specified.
10. Non-Liability of Town. Indemnification. The Town shall not, nor shall any
officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage
related to the work specified in this Agreement, nor shall the Town, nor any officer, agent or
employee thereof, be liable for any persons or property injured by reason of the nature of said
work. To the extent permitted by law, the District hereby agrees to indemnify and hold harmless
the Town, and any of its officers, agents and employees against any losses, claims, damages or
liabilities to which the Town or any of its officers, agents or employees may become subject,
because of any losses, claims, damages or liabilities (or actions in respect thereof) that arise out
of, or are based upon; any acts or omissions in the performance of the obligations of the District
as hereiribefore stated. Furthermore, the District shall reimburse the Town for any and all legal
or other expenses reasonably incurred by the Town in connection with investigating or defending
any such loss or claim.
11. Rights of Town in Event of-Default. In the event that the District defaults in
whole or in part in the performance of this Agreement, and after the expiration of thirty (30) days
after having given written notice to Subdivider and the District of such default during which
period of time the Subdivider or the District failed to correct said default, the Town may, at its
sole discretion, proceed with the construction or completion of the Improvements specified on
16680/Traer May 20, 2004
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Exhibit A. All such costs paid by the Town for such Improvements (or paid by Subdivider if it
chooses, in its sole and exclusive discretion, to cure the District's default), together with all costs
of personnel, equipment and other matters expended by the Town (or Subdivider in the event
Subdivider undertakes a cure of the District's default as aforesaid) in furtherance of the
construction responsibilities of the District, shall be paid by the District. Any such costs relating
to the Improvements, which have not been reimbursed by the District to the Town or Subdivider,
as applicable, shall be a lien on any property in the Subdivision conveyed to the District
contemporaneously with recordation of the final plat of The Village (at Avon) Filing 3. Said lien
may be foreclosed in the same manner as a mortgage and shall entitle the Town or Subdivider, as
applicable, to add its costs and reasonable attorneys' fees in such foreclosure or other collection.
Without limiting the foregoing, the Town and/or Subdivider may, but shall not be obligated to,
bring a mandatory injunction action against the District to require installation and construction of
the I I I r I nprovements, if I not co I nstruct e I d I I within the time limits described in this Agreement. If any
such action is brought by the Town and/or Subdivider, the Town or Subdivider, as applicable,
shall be awarded its court costs and reasonable attorneys' fees.
12. Letter Certif3dng Cam letion and Final Accgptance of Improvements. When all
Improvements have been completed and accepted by the Town, and the Warranty Period has
expired, the Town agrees that it will issue a letter, in recordable form, certifying that all
obligations of Subdivider and the District under this Agreement have been satisfied.
13. Force M#jeure. Whenever a party is required to perform an act under this
Agreement by a certain time, said time shall be deemed extended so as to take into account
events of "Force Majeure." "Force Majeure" is any of the following events that prevents, delays,
retards or hinders a Party's performance of its duties hereunder: act of God; fire; earthquake;
flood; explosion; war; invasion; insurrection; riot; mob violence; sabotage; vandalism; inability
to procure or general shortage of labor, equipment, facilities, materials or supplies in the open
market; failure of transportation; strikes; lockouts; litigation; condemnation; requisition;
governmental, civil, military or naval authorities; or any similar cause not within such party's
control.
14. _Amendments. This Agreement may be amended from time to time, provided that
such amendment is in writing and signed by all parties hereto.
15. Covenants Running with the Land. This Agreement and the obligations hereof
shall be deemed to be covenants running with the land and shall be binding on the successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
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11
[SIGNATURE PAGE TO
SUBDIVISION IMPROVEMENT AGREEMENT
THE VILLAGE (AT AVON) FILING 31
ATI
To "Cl k
APPROVED AS TO FORM:
1 0"
To Attorney
S F, A L
TOWN OF AVON, a Colorado
municipal corporation
B:
Mayor
TRAER CREEK-RP LLC, a Colorado limited
liability company
By: TRAER CREEK LLC, a Colorado limited
liability company, its Manager
AGa=g=nutindholm, Manager
0
W I "
7
40 16680/Traer May 20, 2004
IaIII, NIIIo1111
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12-
EXHIBIT A
DESCRIPTION OF RaR DVEMENUS
I. Mobilization
Roads — Includes Excavation, Embankment, Retaining Walls, Fine Grading, Sub-Base
Materials & Preparation, Concrete Curb, Gutter, Medians, Crosspans, Rec Path & Sidewalks,
Asphalt Paving and Asphalt Rec Path, Guardrail, Pedestrian Rail, Pedestrian Tunnel, Paved
Crosswalks, Signage, Striping and Other Incidental Construction per Approved Plans &
Documents
A. Post Boulevard from Roundabout 5 through Swift Gulch Road Intersection
B. Swift Gulch Road from The Village (at Avon) Filing 2 to Post Boulevard
Intersection
M. Utilities
A. Water
B. Sewer
M. Slope Protection & Erosion Control
A. Rip-Rap
B. Erosion Control Matting
C. Silt Fence, Wattles & Other Temporary Erosion Control Facilities
IV, Storm Drainage
A. Storm Drain Pipes
B. Wets and Headwalls & Rip-Rap
C. Manholes & End Sections
V. Shallow Utilities
A. Electric
B. Telephone
C. Cable TV
D. Natural Gas
E. Conduit for Other
VI. Street Revegetation & Landscaping
V11. Street Lighting
16680/T tray 2O,2004
ea;...
III�II�IIIIIV�IIIIIIIAII�lgl1l�llll�l , =� 13
0
EXHIBIT B
COST. ESTIMATE OF IMPROVEMENTS
8s=8,,3. 17
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eak J Simonton Eagle; CO 89 R 7180 D 0. 00
M,
a
41
Swift Gluch Road Truer Creek Metro District Unit Price Comparisons
24 MAY 04
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Gould
Description
tluantity
Unit Price
Total $
I GENERAL
2
Mobilization
I
LS
125,750.00
125,750,00
3
Construction Surveykr4Layout
I
LS
9 _o
5:
43,395.00
4
Subtotal
169,145,00
5 ROADS
6
Cteatim
I
LS
33,850.00
33,850,00
7
Topsoil Remove and Stockpile (6")
11,534
CY
2.35
27,104.90
8
Topsolt Replace (4)
3,770
CY
630
23,751.00
9
Excavation Placed as Embankment
72,867
CY
3,10
225,887,70
10
Excavation Export and Place in Stockpile
54,841
CY
2.35
128,875.35
11
Soil Nall Walls with Block Veneer
13,723
SF
52,55
721,143,65
12
MSE Wells using Modular Block Units
2,573
SF
39,85
102,534.05
19
Guardrail
1,920
LF
113.00
30,720:00
14
Guardrail End Anchors
6
EA
760.00
4,560.00
16
Concrete Curb and Gutter
2,424
LF
13.50
32,724.00
16
3 Concrete Pan
69
LF
26,40
1,821.60
g SHE.
?t, "N 1011.1
It I
�12
WON,,••,...:n
19
u Asphalt (*'thick)
ZSn
TON
46.80
118,029.60
20
Asphalt (9'. thick)
1,510
TON
46.80
70,668.00
21
Precast Tumbled Pavers
941
SF
12.75
12,001.70
22
16'Cast4n-Place. Concrete Band
144
LF
23.70
3,412.80
23
Type 2 (11m) Mountable Curb and Gutter
270
LF
20.00
5,400.00
24
Type 1, ADA Ramp
4
EA
800.00
3,200.00
25
Median Spill Curb and Gutter
1,342
LF
16.00
21,472.00
25
Line Striping
14,196
LF
0.40
5,678.40
27
Signs
32
EA
500.00
16,000.00
28
Barricade (Type 3M-A)
4
EA
600.00
2,400.00
29
Pedestrian Tunnel
1
LS
160,100.00
160,100.00
30
Pedestrian Rail
959
LF
7.80
7,480.20
31
Concrete Rea, Path (6. thick), Ia. wide
1,173
SY
31,50
36,949.50
32 Ash 1r thick y Rae. Path 1,289 TON ' ' ':�
dti`
47.96
61,807,65
11a W-11�
0 "N'
ANIM q k,
I .1
34
Chain Link Fence (M-607-2) Single Gate
2
EA
3,260.00
6,520=
35
Subtotal
2,024,962.40
36
WATER
37
6' DIP
163
LF
44.00
7,172.00
38
fr. DIP
1,391
LF
46.30
64,403.30
39
16" DIP
478
LF
66.00
31,50.00
40
6" Gate Valve
4
EA
800.00
3,200.00
41
8", Gate Valve
5
EA
1,085.00
5,425.00
42
16" Gate Valve
2
EA
4,530.00
9,060.00
43
Air Release Vault
2
EA
2.800,00
5,600.00
44
Relocate Air Release Vault
I
LS
2,800,00
2,800.00
46
Fire Hydrant Assembly
4
EA
3,240.00
12,960.00
46
Water Service. Lines (1 -112" diam.)
I
EA
2,400.00
Z400.00
Copper
47
Inioation Meter Pit 11
1
EA
1,750.00
1,7$0,00
48
Subtotal
9
146,318.30
49
SLOPE PROTECTION AND EROSION CONTROL
50
Stabilized Construction Entrance
3
EA
1,600.00
4,800.00
51
SIR Form
865
LF
110
1,470.50
52
Rip-Rap (in"outlet protection) d50--9"
58
LF
24.00
1,392.00
53
Rip-Rap (Inlet/outlet protection) d50=12"
16
LF
24.00
384,00
54
Rip-Rap (inlettoutlet protection) d5Q--18"
123
LF
60.00
7,380,00
55
Riprap (Inlet/outlet protection) d50 --24"
11
LF
90.00
990.00
56
Straw Bale D1ke
2
EA
75,00
150.00
882178
Page: 10 of 14
06/29/2004 01:33P
teak J Simonton Eagle, CO 99 R 71.00 0 0.00
Unit Price Comparisons
24 MAY 04
8
Teak J Simonton Eagle, CO 89 R 71.00 D 0.00
/ 4V
Description
Quantity
Unit Price
Gould Total $
57
wattl a
.C)o
116.00
4,140.00
58
Beam Dam (inlet Protection)
9
EA
.0()
260�00
2,34000
7' 34(>()o
59
(inlet or It 1
Silt Sack (INat protection)
17
EA
00
125.00
r
1 2 '.00
2,125.00
Z
Erosion Control Matting (1 47 wide)
192
LF
3,10
59520
60
LandLok 450
Erosion Control Matting ('V wide)
2,319
LF
1.20
2,782.80
61
LandLok 450
1
LS
18,545_00
18,546.00
6 1
Rev ation
eqet
47.09450
63
Subtotal
64 DRAINAGE 65
65 Mountable Curb Inlet
EA
2,200.00
2,2DO,00
66
C inlet
12
EA
2,475-00
29,70D.00
67
D Inlet
4
EA
3,300-00
13,200.00
8$
2K8 C-urb Inlet
I
EA
3,1550.00
3,650.00.
69
2x3 Valley Inlet
I
EA
2,24&00
2,245-00
70
5! Type R Inlet
5
EA
4,300.00
21,570.00
71
IV, CMP.
159
711
LF
LF
39.95
37.45
6,352.05
26,626.95
72
73
1 W RCP
21" RCP
658
LF
41.50
23,157.00
74
24" RCP
21
576
LF
LF
SZOO
41.50
1,09ZOD
23,904,00
75
76
24 , CMP
36" CMP
290
LF
57.25
16,602,50
84" CMP
87
LF
220.00
19,140.00
78
W Headwalls plus RJpRap
I
LS
38,300D0
38,300,00
5,160.00
79
24 CMP End Sections
12
2
EA
EA
430.00
535.00
1,070.00
so
Al
36" CMP End Sections
x Mam Storm Drain Manhole
2
EA
2 600.00
— 5200.00
82
Subtotal
0
239,099,50
83
SEWER
1,560
LF
36.00
56,160.00
84
as
81, PVC
6. PVC. Services
140
LF
36.00
5,040.00
S' :.00
86
Encasement
100
335
LF
LF
45,00
20.00
.00
4,500-00
6,700.00
87
SDR 17 HDPE 100 psi
10
EA
2,800.Oo
26,000-00
88
89
Manhole
saw Video
1.620
LF
1.57
2 00
90
Subtotal
IOU
91
SHALLOW UTILITIES
7,174
LF
10.00
71,740-00
92
93
Trenching
Electric Conduit 6" (install only)
2,955
LF
0.85
2,511.75
94
Elwft Conduit 4- (install only)
16,631
LF
0-85
14,136,35
95
Telephone Conduit 4
2,914
LF
2.00
5,828.00
96
Cable TV Conduit 47
2,914
LF
100
5,828.00
97
Secondary Electric C'Conduit and Wire
1,042
LF
zoo
2,084.00
98
Secondary Electric 2" Conduit and Wire
3,055
LF
1,00
3,055.00
99
Communications 4484-TCA Vault
7
EA
4,840-00
33,887,00
100
Electric UM 35L Splice Vault (install only)
7
EA
600D0
4,200,00
101
Boulder Wafts
720
SF
20.00
14,400,00
102
12" RCP
60
LF
26.45
1,587,00
103
4". Fiber Optic Conduit
1,457
LF
ZOO
2,914.00
104
6" spare Conduit
9,549
LF
LF
2,60
2,00
24,827,40
18,642,00
105
4". Spare Conduit
9,321
18
EA
200.00
3,600,00
106
107
Handhole
12"x8 k8" Ftk�er ass Pultbox
7
EA
200.00
1,400,00
InA
Subtotal
—-
210633,50
—�Z
13i�=
109
Landscaping (AIMMnCli)
I
LS —
T,o0000
110
Li hti Alkrvyance
I
LS
55 000.00
55000.00
T otal
3,026,073.20
8
Teak J Simonton Eagle, CO 89 R 71.00 D 0.00
/ 4V
L'
a
16680/Traer
2004
EXHMIT C
DISTRICT FUNDING RESOLUTION
882178
Page: 12 of 14
06/29/2004 01 :33P
Teak J Simonton Eagle, CO 89 R 71.00 D 0.00
May 20,
17
RLwLVMON
OF TRAER Cngy, Af1MOPOIATAN Df.SMCT
REGtAMING APPRf)PMT104 OF FUNDS UNDER
Tat VILLAGE (AT AVON) M11NG 3
WHjpX,,j4S, Tracr Crt1k Mdnropollten DkMict (ufie "District') is s gttasi- MWAddpsl
corporation and political subdivide* of the State of Colorado; and
VV"HBPW, tbo District is anthorizedl, pt=ua0t to Section 32- 1- 1001(t)(d)(i), C,R..S., to
euterr into contmm ad agreesnMta 100ttn8 the affairs of the District; and
. haprov l u Agwvment The
i�'`k�:AS, the DiBtCier has antercd into a 5+alsdivisioa
Vile (At AvM) ptling 3 domed „� {1ne 8..,......r 200 (*a :,siA") With the Town of Avon,
Colorado {the `�'oavtx" a ' Cmek-R' =, a Colorado hmitent li"tY improvements
("Subdivtd ee) ro$a fug the fimding siulJor construotiOu of publids inf*gtruch"
in cc nnoclUm With rite atrlsroval of to final Putt ofThe Village (ant Avon) Filing 3, Town of
Avg, Ba& Cdauim, Colorado; and
WMXy A.S, the District is respotWbla for tiro perfmm1110e and comPlet' ni of public
improve meaits sssigned on Exhibit A. of tlu S1A (fire "1wNstrict Ix�srovear►�ts "};
NOW, TMREFORZ ���� OF DIRECTORS OF
�� 7f?TANG T AS FOLLOWS:
1. m,,. Board of Dlcadrtxrra hereby finds, de mtinrss and declarm that it is in the bast
inu, of Xba Dlstdot to execute arts! dolive r to ttM Town ft S1A and tho appdnpristc Of'ficm Of
the DiaGtrW we t=by authotiaed to execute and dolivef such SXA to the Town.
2, Ttta Board of Direatdars hereby appropriates, MerM and utlloa►s for tender to the
Town pursuant to the SI,A available It nds ofdw M*ict in sn Mount not less tf►an
$3,625,273.20 (the "Funds) to 5= =144 Dow motion of the District b Wrovemonts.
3. The Board of Uhwwa hweby caz#i#%a TO the TO" a f crwn fcsr attM
unct =bend and A= from claims of otitm so that any resq P�
under the StA my be promptly hotnored. The Bond of Directors finibeer cetd%es to the Town
Couatcil that tha F=& hav c been sat aside art a scparau account acrd ideatifitcd for dra PW
recited Item and that such Fonda "I be held in c=plisnca vuidl the rcquircu mts of Section
29-1 - 803(1), C.R.S., for the puuposc of providing for the conaplexina of the D ltnet
hpmvementt.
a.. This Rescitni nn shalt be, renewed at the balpi uing of each sttbsogUMt caternder
year urrttl alt true District impovements have received final accaptu" or tuabil the District
provides substitute coilateretl acccptabic to rhea Town.
ITeakI Jp ,IIIMIIon EaglllllCOl�lknll�llll71„
882178
Page,: 13 of 14
06/2912004 01:33P
0 0.00
go
[SIGNATUE PAG% FOR RISOL T I N PX ING AYPR � N OF FUNDS
UNDER Si °rim
TIM VILLAGE (AT AVON) FILING 31
APPROVW AM AD OP'iEi? Ws j+t.- (lxy af,,
AR CRM :;t�AkDITSTRICT
BY
(OW19=3,0Mv;t)
page: 14 of 14
1 �Jjjjj Jill �111111 ll� 11�111 III lill 06/29/2004 01:33P
Teak I simontan Eagle CO 71,00
2
ALPINE ENGINEERING, INC.
Engineer's Opinion of Project Conformity
Project: The Village (at Avon) Filing 3, Swift Gulch Road
Location: Avon, Colorado
/;-?z
I hereby acknowledge that I am a licensed engineer registered in the State of Colorado. To
the best of my knowledge and belief, based upon site observations by Alpine Engineering,
Inc. personnel, along with test results, reports, and information provided by others, the
constructed improvements on the above referenced project and the materials incorporated
therein appear to be in general conformance with the contract plans, specifications and
standards. This includes the improvements for the shallow utilities. The contract plans,
specifications and standards for the project are those presented in The Village (at Avon) Swift
Gulch Road - Road, Grading, Drainage, Water, Sewer and Utility Plans, Final Plan Submittal
— May 12, 2004, as approved by the Town of Avon, and subsequent revisions thereto.
This opinion of project conformity is limited to those portions of the project designed by
Alpine Engineering, Inc.
\
for Alpine Engineering, Inc.
[l
Proieccc ° °f�V*fts usine s° enlera -MW §7 • Edwards, Colorado 81632 - (970) 926 -3373 • Fax (970) 926 -3390
Golder Associates Inc.
44 Union Boulevard. Suite 300
Lakewood, CO USA 80226
Telephone: (303) 980-05,10
Fox; 1303) 986-2080
www,gofder.com
October 6, 2005
Tracr Creek LLC
RO. Box 640
Vail, Colorado 81620
Attention:- N1ij.:r:,.rjk Peterson
Our Ref.: 053- 2363A1
RE: QUALITY ASSURANCE ASSESSMENT FOR RETAINING WALL
CONSTRUCTION, THE VILLAGE (AT AVON), SWIFT GULCH ROAD, EAGLE
COUNTY, COLORADO
Dear Erik:
As a currently licensed engineer registered in the State of Colorado, it is my professional opinion,
based on site observations by Golder Associate,,,, Inc. personnel working under my direction, together
with test results, reports, and information, provided by others, that the constructed retaining walls
designated Walls A through D are in. general. conformance with the contract plans. and respective
.specifications, standards, and approved changes. Exceptions were several, localized misalignments of
the wall facing at Walls A, C and D. These were assessed and in my opinion are acceptable from the
,standpoint of structural integrity and wall. stability. Given. acceptance of the misalignments by the
owner, we therefore recommend acceptance of Walls A through D.
Submittal of supporting CQA documentation, has been provided under separate cover. However, as
requested, please find attached copies of verification and proof testing results for Wall D, together
with the accompanying daily report sheet indicating conformance.
Please note that our opinion of construction conformity is provided in terms of the construction
quality assurance (CQA) engineering services for which we were engaged.
We have appreciated the opportunity to work with Traer Creek. on this project. Please call if you have
questions concerning this letter, or if we can be of further assistance,
Sincerely,
GOLDER ASSOCIATES INC.
Francis E. Harrison, P-E.
Associate
s&
24771
®�
cj
N A V
cc: Michael Sliper—Alpine Engineering, Inc,
Attachments
FF-H/kag
IkTNCWALI-QA.ASSMNTI)O(.X7rO5.1)(')C
M
orrias ACROSS AFRICA, ASIA, AUSTRALIA, EUROPE, NORTH AMERICA AND SOUTH AMERICA 2-1
low
October 31, 2005
Hepworth - Pawlak Geotechnical, Inc.
5020 County Road 154
Glenwood Springs, Colorado 81601.
Phone: 970-945-7988
Fax: 970-945-8454
email: hpgeo@hpgeotech..com
Traer Creek Metropolitan District
Attn: Erik Peterson
P. O. Box 640
Vail, Colorado 81658
Job No. 104 508
Subject: Compliance of Materials, Swift Gulch Road, the Village at Avon, Avon,
Colorado
Dear Erik:
Hepworth — Pawlak Geotechnical, Inc. provided observation and materials testing
services for earthwork, concrete, aggregate base course and hot -mix asphalt paving
during construction of the Swift Gulch Road Project. Our services for the construction
began in early July 2004 and have continued on an as- required basis through to recent
substantial completion. Our services are being performed under the direction of the
undersigned licensed engineer registered in the State of Colorado.
The minimum frequency of testing was generally as described in our letter dated July 14,
2004. Nonconforming materials and/or workmanship identified during construction were
immediately brought to the attention of the contractor for correction. During construction
applicable testing and observation reports were distributed to the Owner and the Town of
Avon. Our material testing is complete with the exception of laboratory compression
testing for concrete placed on the project on October 7 and 14, 2005. These results will
be distributed upon completion.
Based on our observations during construction and the results of our testing to date, the
earthwork, concrete, aggregate base course, and hot -mix asphalt paving materials placed
Parker 303- 841 -7119 * Colorado Springs 719- 633 -5562 -9 Silverthorne 970 -468 -1989
Traer Creek Metropolitan District
October 31, 2005
Page 2
for the Swift Gulch Road Project were in substantial compliance with the project
specifications, and /or currently accepted industry practices as applicable.
If you have any questions or need further assistance, please call our office.
Sincerely,
TJW/
cc: Alpine Engineering — Attn: Mike Sliper
Town of Avon — Attn: Norman Woods
Gould Construction — Attn: Ryan Hill
Job No. 104 508
Xcel Energy.°
Xcel Energy
1123 W. 3rd Ave.
Denver, CO 80223
December 12, 2005
Erik W. Peterson
Vice President, Construction
Traer Creek LLC
(Shipping) 322 E. Beaver Creek Blvd., Avon, CO 81620
(Mailing) PO Box 640, Vail, CO 61658
Dear Mr. Petersen:
This letter is sent to confirm that Public Service Company of Colorado has
completed and accepted the construction of the high-pressure gas line feeding
The Village at Avon project. All construction pertaining to the high -pressure gas
line was completed in the summer of 2005 and Public Service Company of
Colorado has received all funds necessary from Mr. Erik Petersen.
Thank you-
Sarah E. Robinson, EIT
Gas Transmission Engineer
Xcel Energy
M
October 20.2005
K4r. Erik Peterson
Traer Creek LU[
P. 0. Box 640
Vail, CO. 8I658
Re: Swift Gulch Road Extension (H.[.E.W/O#I0464}
Dear Erik,
3799 HIGHWAY 82` PO. BOX 210
sBNWOOD SPRINGS, COLORADO 81602
This letter shall serve aS verification that as of today's date I0/20/05. all of the pipe and
vaults required to extend Holy Cross Energy's primary electric services along the Swift
Gulch Road extension have been installed.
Holy Cross Energy crews are still in the process of pulling and terminating the electric
cables, but as stated above, all the pipe and vaults have been installed and accepted.
If you have any questions, please feel free to contact me.
Thank you.
Sincerely,
HOLY CROSS ENERGY
dL-
Michael A. Miko|ic,
Staking Engineer
MAM:smh
W/0#05-18464:Swift Gulch Road Extension
6 Touchstone Energy" Cooperative Al-t�
4
EAGLE RIVER
WATER & SANITATION DISTRICT
846 Forest Road - Vail, Colorado 81657
(970) 476 -7480 - FAX (970) 476 -4089
November 16, 2005
Mr. Erik Peterson
Traer Creek, LLC
P.O. Box 640
Vail, CO 81658
Mr. Mike Sliper
Alpine Engineering Inc.
P.O. Box 97
Edwards, CO 81632 +L139
Reference: VILLAGE AT AVON, SWIFT GULCH
IA
Dear Mr. Peterson:
Please be advised that the above - referenced project has passed all of the required inspections of
the construction phase of the acceptance procedure. Once the following items have been
submitted and approved by the District, Final Acceptance may occur.
The following items must be submitted to and approved by the District's Construction Review
Team:
Final Grade and Paving Inspection
An inspection is required to ensure that all system attributes are fully operational and
meet or exceed District final grade and paving standards.
2. As- Built Drawings
"Field Verified" as -built drawings and AutoCAD disk, per the District's specifications,
are required.
3. Easement Documentation
Descriptions of dedicated easements or road right -of -way in which the Water Main is
installed as required.
n
Certification of Costs
An accounting of the exact construction cost of the line that the District is being asked to
accept. This amount shall only include the cost of design, materials, and installation of
the Water Main. Legal costs are not an eligible cost.
WATER, WASTEWATER, OPERATIONS & MANAGEMENT SERVICES
F:\15WSD\8REGS\DEVNOTIF\INITLTR.DOC
Village at Avon, Swift Gulch, Water Main
November 16, 2005
Page 2 of 2
5. Bill of Sale
A document conveying the Water Main to the District by the developer /owner is
required. This document warrants the Water Main against any and all defects as required.
The appropriate Bill of Sale form shall be obtained from the District.
6. Final Inspection
A final inspection is required and will be made after all construction, including final
grading and paving is completed.
7. Final Acceptance
After all of the above items have been submitted and approved by the District, the project
shall be presented to the Board of Directors for Final Acceptance. Until Final
Acceptance has been approved by the Board, the Water Main shall not be considered part
of the District's system.
To summarize, this Water Main has not been accepted by the District. Until this Water Main is
accepted, you are responsible for maintaining it and you will be liable for any damage resulting
from the failure to maintain the Water Main properly. Your two -year warranty time period for
this Water Main shall begin on the date of Construction Acceptance by the District.
Please submit the requested items as soon as possible to complete the acceptance process. If you
have any questions or concerns, please contact me at 970/476 -7480.
Sincerely,
Fred S. Haslee
Regulations Administrator
c: Project File
Field Operations Department
FSH /mp
F:\15WSD\8REGS\DEVNOTIF\INITLTR.DOC
EAGLE RIVER
WATER & SANITATION DISTRICT
846 Forest Road - Vail. Colorado 81657
(970) 476 -7480 - FAX (970) 476 -4089
November 16, 2005
Mr. Erik Peterson
Traer Creek, LLC
P.O. Box 640
Vail, CO 81658
Mr. Mike Sliper
Alpine Engineering Inc.
P.O. Box 97
Edwards, CO 81632 +L139
Reference: VILLAGE AT AVON, SWIFT GULCH
SEWER MAIN
Dear Mr. Peterson:
Please be advised that the above - referenced project has passed all of the required inspections of
the construction phase of the acceptance procedure. Once the following items have been
submitted and approved by the District, Final Acceptance may occur.
The following items must be submitted to and approved by the District's Construction Review
Team:
1. Final Grade and Paving Inspection
An inspection is required to ensure that all system attributes are fully operational and
meet or exceed District final grade and paving standards.
2. As -Built Drawings
"Field Verified" as -built drawings and AutoCAD disk, per the District's specifications,
are required.
3. Easement Documentation
Descriptions of dedicated easements or road right -of -way in which the Sewer Main is
installed as required.
4. Certification of Costs
An accounting of the exact construction cost of the line that the District is being asked to
accept. This amount shall only include the cost of design, materials, and installation of
the Sewer Main. Legal costs are not an eligible cost.
AVWATER, WASTEWATER, QPERAT IONS & MANAGEMENT SERVICES 4\\
F:\ 15WSD \8REGS \DEVNOTIF \INITLTR.DOC
Village at Avon, Swift Gulch, Sewer Main
November 16, 2005
Page 2 of 2
5. Bill of Sale
A document conveying the Sewer Main to the District by the developer /owner is
required. This document warrants the Sewer Main against any and all defects as
required. The appropriate Bill of Sale form shall be obtained from the District.
6. Final Inspection
A final inspection is required and will be made after all construction, including final
grading and paving is completed.
7. Final Acceptance
After all of the above items have been submitted and approved by the District, the project
shall be presented to the Board of Directors for Final Acceptance. Until Final
Acceptance has been approved by the Board, the Sewer Main shall not be considered part
of the District's system.
To summarize, this Sewer Main has not been accepted by the District. Until this Sewer Main is
accepted, you are responsible for maintaining it and you will be liable for any damage resulting
from the failure to maintain the Sewer Main properly. Your two -year warranty time period for
this Sewer Main shall begin on the date of Construction Acceptance by the District.
Please submit the requested items as soon as possible to complete the acceptance process. If you
have any questions or concerns, please contact me at 970/476 -7480.
Sincerely,
Fred S. Haslee
Regulations Administrator
c: Project File
Field Operations Department
FSH /mp
F:\15WSD\8REGS\DEVNOTIF\INITLTR.DOC
I V� N I -I L97
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: May 18, 2006
Re: Resolution No. 06 -25 — A Resolution Approving Final Plat, Subdivision
Improvements Agreement and related Documents for Riverfront Subdivision,
Town of Avon, Eagle County, Colorado
Summary: East West Partners, Inc. submitted an application for Final
Subdivision Plat approval for Riverfront Subdivision, a Subdivision of a parcel of land
commonly known as The Confluence, located in the South 1/2 of the Northwest 1/4 of
Section 12, Township 5 South, Range 82 West of the 6th Principal Meridian in the Town of
Avon, Eagle County, Colorado and containing approximately 18.9 acres. The property is
generally bounded by the Union Pacific Railroad (UPRR) on the north, Avon Road on the
east and the Eagle River on the south. The proposed subdivision creates seven developable
lots ranging in size from approximately 0.20 acres to 4.27 acres, two open space tracts of
approximately 5.68 acres and 0.13 acres and a road right -of -way of approximately 2.67 acres.
The Application includes Final Plat Riverfront Subdivision (Attachment 2), Riverfront
Subdivision Construction Plans Road Grading, Drainage, Water, Sewer and Utility Plans -
Revision Date 5 -12 -06 (Attachment 3), Subdivision Improvements Agreement (Attachment
4) that was approved as to form with a Memorandum of Understanding by Town of Avon
Resolution No. 06 -18, Addendum to Riverfront Subdivision Subdivision Improvements
Agreement (Attachment 5) and Guaranty Agreement for Riverfront Express Gondola
Construction (Attachment 6).
The Riverfront Subdivision Final Plat Application is in general conformance with the
Preliminary Subdivision Plan as approved by Town of Avon Resolution No. 06 -08 at the
March 14, 2006 council Meeting.
Resolution No. 06 -25 (Attachment 1) approves the Final Plat Riverfront Subdivision,),
Subdivision Improvements Agreement, Addendum to Riverfront Subdivision Subdivision
Improvements Agreement and Guaranty Agreement for Riverfront Express Gondola
Construction and is recommended for approval.
Discussion: The Subdivision Improvements Agreement (SIA) approved as to form
with the Memorandum of Understanding that allowed some work to proceed on site prior to
approval and recording of the Final Plat was based on security provided by the District from
bond proceeds administered and dispersed by a Bond Trustee. The Applicant has proposed an
Addendum to Riverfront Subdivision Subdivision Improvements Agreement (SIA
Addendum) to allow the District to use a cash deposit to provide the security for the SIA until
such time as the bond proceeds become available. The District Funding Resolution, Exhibit C
to the SIA, provides the required funding commitment for both the cash deposit and
subsequent bond proceeds.
The guarantee for the gondola construction as requested by Council in the approval of the
Memorandum of Understanding and SIA form has been addressed by the submittal of
"Guaranty Agreement for Riverfront Express Gondola Construction" (Gondola Agreement)
with Resolution of Confluence Metropolitan District Regarding Appropriation of Funds
Under Guaranty Agreement for Riverfront Express Gondola Construction. The Gondola
Agreement is based on Purchase and Installation Agreement Between Doppelmayr /CTEC,
Inc. and East West Resort Development XIV L.P., L.L.L.P. for the Riverfront Express
Gondola Avon, Colorado (Attachment 7).
Recommendation: We recommend approval of Resolution No. 06 -25, A
Resolution Approving Final Plat, Subdivision Improvements Agreement and Related Documents
for Riverfront Subdivision, Town of Avon, Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 06 -25, A Resolution
Approving Final Plat, Subdivision Improvements Agreement and Related Documents for
Riverfront Subdivision, Town of Avon, Eagle County, Colorado.
Town Manager Comments:
l:A Engineering \ConfluenceASubdivision \I.l FinaRAgreements \Final Plat Res 06-25 Memo.Doc
Attachments:
Attachment I — Resolution No. 06 -25
Attachment 2 - Final Plat Riverfront Subdivision
Attachment 3 - Riverfront Subdivision Construction Plans
Attachment 4 - Subdivision Improvements Agreement
Attachment 5 - Addendum to Riverfront Subdivision Improvements Agreement
Attachment 6 - Guaranty Agreement for Riverfront Express Gondola Construction
Attachment 7 - Gondola Purchase and Installation Agreement
1:A Engineering \ConfluenceA Subdivision \1.1 FinahAgreements\Final Plat Res 06 -25 Memo.Doc
TOWN OF AVON
RESOLUTION NO. 06-25
Series of 2006
A RESOLUTION APPROVING FINAL PLAT,
SUBDIVISION IMPROVEMENTS AGREEMENT
AND RELATED DOCUMENTS FOR RIVERFRONT
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO
WHEREAS, East West Partners, Inc. has applied for Final Subdivision Plat
approval for Riverfront Subdivision, a subdivision of a parcel of land commonly known
as The Confluence, located in the South 1/2 of the Northwest 1/4, Section 12, Township 5
South, Range 82 West of the 6th Principal Meridian, in the Town of Avon, Eagle County,
Colorado and containing approximately 18.9 acres, in accordance with Chapter 16.20 of
the Avon Municipal Code; and
WHEREAS, a Preliminary Plan was submitted in conjunction with a proposed
Confluence PUD Amendment and Subdivision Variance application; and
WHEREAS, the proposed Preliminary Subdivision Plan, Subdivision Variance
and proposed Confluence PUD Amendment have been reviewed by the Town Council of
the Town of Avon; and
WHEREAS, following public hearings and extensive review the Town Council
approved the proposed Confluence PUD Amendment, Subdivision Variance and
Preliminary Subdivision Plan for Riverfront Subdivision; and
WHEREAS, The Preliminary Subdivision Plan for Riverfront Subdivision was
approved subject to thirteen specific conditions by Resolution No. 06 -08, Series of 2006,
at the March 14, 2006 Council Meeting; and
WHEREAS, a Memorandum of Understanding and the form of a Subdivision
Improvements Agreement (SIA)was approved by Resolution No. 06 -18 at the April 25,
2006, Council Meeting; and
WHEREAS, a Guaranty Agreement for Riverfront Express Gondola
Construction (Gondola Agreement) has been submitted to address the Gondola
Construction commitment which was not included in the form of the SIA approved with
the Memorandum of Understanding; and
WHEREAS, an Addendum to Riverfront Subdivision Subdivision Improvements
Agreement (SIA Addendum) has been submitted to allow a cash deposit furnished by the
District as the initial security to be provided for funding of the Improvements; and
l:A Engineering \ConfluenceASubdivision\].] Final\Agreements \Final Plat Res 06-25. Doc
WHEREAS, the Construction Plans and Final Plat for Riverfront Subdivision as
submitted for approval is in general conformance with the Preliminary Plan for
Riverfront Subdivision as approved by Resolution No. 06 -08, Series of 2006.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines
that the Final Plat for Riverfront Subdivision, SIA, SIA Addendum and Gondola
Agreement are in general conformance with the River Front Subdivision Preliminary
Plan as approved by Town of Avon Resolution No. 06 -08 and other applicable
development laws, regulations and policies of the Town of Avon and hereby approves the
same subject to completion of technical corrections as identified by Town Staff and the
submission to and acceptance by, the Town of Avon, the following items prior to
recording of the Final Plat, SIA, SIA Addendum and Gondola Agreement:
A. Copy of "Resolution of Confluence Metropolitan District Regarding
Appropriation of Funds Under Subdivision Improvements Agreement Riverfront
Subdivision" as duly adopted and executed by District Board of Directors (Riverfront
Subdivision Improvements Agreement Exhibit C); and
B. Copy of "Resolution of Confluence Metropolitan District Regarding
Appropriation of Funds Under Guaranty Agreement for Riverfront Express Gondola
Construction" as duly adopted and executed by District Board of Directors (Guaranty
Agreement for Riverfront Express Gondola Construction Exhibit A); and
C. Construction plans, specifications and related documents for construction of
public improvements as identified in Riverfront Subdivision Subdivision Improvements
Agreement Exhibit A as amended to address technical issues identified by Town Staff,
and
D. Master Landscape Plan for Riverfront Lane Right -of -Way and Tract A as
approved by the Town of Avon Planning and Zoning Commission shall be included in
public improvements and 'Resolution of Confluence Metropolitan District Regarding
Appropriation of Funds Under Subdivision Improvements Agreement Riverfront
Subdivision" shall include adequate funds to complete approved Landscape Plan.
I:A Engineering \ConfluenceASubdivision \l. 1 Final\Agreements\Final Plat Res 06- 25.Doe 2
ADOPTED THIS DAY OF 2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
Patty McKenny, Town Clerk
I:A Engineering \ConfluenceASubdivision\l. I Final\Agreements\Final Plat Res 06- 25.Doc 3
14r -C
RIVERFRONT SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2006, is
by and among Confluence Metropolitan District, a Colorado quasi - municipal corporation
and political subdivision of the State of Colorado (the "District "), and the Town of Avon,
a Colorado municipality, by and through its Council (the "Town ").
RECITALS
WHEREAS, the District, in connection with the approval of the final plat for the
Riverfront Subdivision, consisting of 18.893 acres in the Town of Avon, Eagle County,
Colorado (the "Subdivision "), desires to enter into a Subdivision Improvements
Agreement ( "Agreement ") with the Town as provided for by Section 16.24.100 of the
Avon Municipal Code, as amended (the "Code "); and
WHEREAS, pursuant to the Code, the Town desires to make reasonable
provisions for completion of certain public improvements ( "Improvements ") as depicted
on the plans approved by the Town for the Subdivision dated
( "Approved Plans ") and as identified in Exhibit A attached hereto and incorporated
herein by reference, together with minor changes approved by the Town Engineer; and
WHEREAS, the District is responsible for the completion of the Improvements;
provided, nothing herein shall be construed as relieving the obligations of the Owner (as
defined therein) pursuant to the Amended and Restated Development Agreement dated
March 14, 2006.
AGREEMENT
NOW THEREFORE, in consideration of the following mutual covenants,
conditions and promises, the parties hereby agree as follows:
1. Final Plat Approval. The Town agrees that upon compliance with all
other conditions of approval, and subject to the terms and conditions of this Agreement,
the Final Plat of Riverfront Subdivision ( "Subdivision ") shall be promptly filed for
recording with the Office of the Eagle County Clerk and Recorder.
2. Completion of Work.
(a) Performance. The District agrees to furnish all equipment, labor
and material necessary to perform and complete, in a good and workmanlike manner, all
Improvements and work incidental thereto ( "the Work ") as depicted on the Approved
Plans. The District further agrees that it will be responsible for all costs of the
Improvements as itemized on Exhibit B attached hereto and incorporated herein. All said
Work shall be performed in accordance with the Approved Plans. The District agrees to
commence construction of Improvements prior to the issuance of a building permit for
SIA- Riverfront -4 27 cln
any improvements in the Subdivision and to complete the Improvements prior to the
issuance of a Certificate of Occupancy for any building on any lot in the Subdivision
served by the Improvements. Commencement of construction of Improvements shall be
deemed to mean the award and execution of contracts for the construction of the
Improvements as depicted on the Approved Plans
(b) Inspection Procedures.
(1) All work shall be done under the inspection procedures and
standards established by the Town and Holy Cross Energy, Eagle River Water and
Sanitation District, Excel Energy, Qwest Communications, Comcast or any other utility
( "Utilities "), as applicable and shall be subject to the reasonable satisfaction of the Town
and applicable Utilities. All work shall not be deemed complete until the reasonable
approval and acceptance of the Improvements by the Town and /or the Utilities. Such
inspections by the Town and Utilities shall not relieve the District or its agents from any
responsibility or obligation to assure that all Work is completed in conformance with all
standards, plans and specifications as submitted to and previously approved by the Town
and Utilities. The Town will forward copies of observation reports to the District and the
District's engineers (who shall be registered in the State of Colorado) responsible for
providing the opinion required by Section 6 hereof.
(2) Designation of Inspectors. Prior to commencement of
construction work on the Improvements, the Town will designate the individuals and /or
independent third parties employed by the Town who are authorized to inspect the
construction of the Improvements. Such inspections by the Town shall not relieve the
District or its agents from any responsibility or obligation to assure that all work is
completed in conformance with standards, plans and specifications as submitted to and
previously approved by the Town.
(3) Cost of Inspections. The cost of such inspections, by Town
employees or an independent third party inspector, shall be paid by the District, subject to
the limitations set forth in paragraph 7 below.
(4) Notice of Non - Compliance. In the event that the Town
through its inspectors reasonably determines that the Improvements are not in
compliance with the Approved Plans, or that additional observation or testing by the
project engineer is necessary to assure compliance, it shall give written notice of such
non - compliance, or additional observation or testing requests, to the District's engineers
and the District ( "Notice of Non - Compliance "). The Notice of Non - Compliance shall
include a narrative describing the unsatisfactory construction work with specific
reference to the applicable construction plans and specifications. The Notice of Non -
Compliance must be provided to the District's engineers and the District within two (2)
working days of the date of the observation. The notice may be provided in an informal
manner agreed upon by the parties and without compliance with Section 15 hereof.
SIA- Riverfront -4 27 cIn 2
3. Security for Completion of Improvements and Obligations. To secure
completion of the Improvements and the District's obligations to the Town hereunder, the
District hereby agrees to secure the respective obligations under this Agreement as
provided in this Agreement and in accordance with Section 16.24. 100 of the Code.
4. District Obligations Concerning Improvements.
(a) Funding Resolution. The District has adopted a resolution (the
"Funding Resolution") attached hereto as Exhibit C authorizing the District's execution
of this Agreement and providing for the appropriation, segregation and use of funds in an
amount sufficient to guarantee the construction of the Improvements as set forth on the
Approved Plans. The estimated costs of completion of the Improvements are set forth on
Exhibit B.
The Town acknowledges and agrees that funding for the Improvements is subject
to the issuance of bonds by the District for such purposes. In accordance with the terms
of the Indenture of Trust by which the bonds will be issued, the Bond Trustee will serve
as custodian of the bond proceeds to ensure that such proceeds are applied for the
purposes of funding the Improvements. The procedure by which funds are released
involves the filing of "Draw Requests" together with related invoices with the Bond
Trustee. The Indenture of Trust shall contain provisions authorizing the Town to submit
Draw Requests to the Bond Trustee, in order to effectuate the Town's remedies to draw
funds for constructing the Improvements, in the event of a default by the District
hereunder. The Town agrees to use the proceeds of the District's bonds only for the
purpose of paying the costs of the Improvements, and not to apply such funds for
purposes not authorized in the Indenture of Trust.
The Funding Resolution specifically provides that, subject to the terms of the
Indenture of Trust, all funds referenced therein are unencumbered and free from claims
of others such that, if necessary, any requests for payment approved by the Town may be
promptly honored. As a condition to recordation of the Final Plat, the District shall
provide the Town Engineer with evidence that such funds have been appropriated and
segregated in a separate interest bearing account (the "Security Account") and identified
for use in connection with this Agreement. The District shall renew the Funding
Resolution at the beginning of each subsequent calendar year until all Improvements
have received final acceptance or until the District provides substitute collateral
acceptable to the Town.
(b) Progress Payments on Improvements. The District may make
progress payments to its contractors from the Security Account on a monthly basis upon
the partial completion of itemized Improvements and upon fifteen (15) days' prior
written notice, which notice will include an itemized statement of the monthly payment,
to the Town. The District shall retain ten percent (10%) of the amount of each payment
until final completion and acceptance of all work covered by each construction contract;
provided, however, when the value of work completed has progressed to fifty percent
(50%) of the contract amount, the District shall not be required to withhold additional
SIA-Riverfront-4 27 c1n 3
retainage for the remainder of the work under such contract. The ten percent (10 %)
retainage of the value of the work completed may be reinstated if in the Town's opinion
the lack of progress or other substantial reasons exist. Subject to the foregoing, in no
event shall any progress payment cause the remaining sum to be available in the Security
Account for subsequent disbursements to be less than one hundred ten percent (110 %) of
the costs to complete all remaining Improvements as estimated at the time of each
progress payment. Upon completion of all work related to the Improvements, the Town's
acceptance of the Improvements and the expiration of the Warranty Period as set forth in
paragraph 5 below the Town shall release any further interest in the Security Account.
(c) Default by District. In the event of a default in whole or in part by
the District, the Town shall be authorized to access the funds in the Security Account for
the purpose of undertaking completion or remediation work on the Improvements after
providing thirty (30) days' advance written notice of default and providing a opportunity
during such period for the District to cure the default. The Town shall be entitled to draw
on the Security Account by Resolution of the Town Council stating (1) that the District is
in default, and (ii) the funds are required in order to complete or correct work on the
Improvements. District funds identified in the Funding Resolution shall be held,
whether by the District or the Town, in compliance with the requirements of C.R.S.
Section 29- 1- 803(1) for the purpose of providing for the completion of the
Improvements.
5. Warranty Period. The Improvements shall be warranted to be free from
defects in workmanship or quality for a period of two (2) years after acceptance of all the
work by the Town. In the event of any such defect, the Town may require the District to
correct the defect in material or workmanship. Five percent (5 %) of the total actual cost
of completion of all Improvements shall be retained in the Security Account, or such
amount shall otherwise be secured by a letter of credit or other collateral acceptable to
the Town during such two (2) year period as a guaranty of performance of any work
required pursuant to the above described warranty. In the event any corrective work is
performed during the two -year warranty period, then the warranty on said corrected work
shall be extended for one (1) year from the date on which it is completed and an amount
equal to 125% of the cost of any corrected work, as estimated by the Town, shall during
such one -year extension period be retained in the Security Account, or such amount shall
otherwise be secured by a letter of credit or other collateral acceptable to the Town, if
sufficient funds are not held in the Security Account or otherwise secured as provided in
this paragraph 4 above.
6. Engineering Opinion. Upon completion of portions of the Improvements,
the District will cause its engineers (who shall have been actively engaged in observing
the construction of the Improvements and be registered in the State of Colorado) to
provide a written opinion, in a form satisfactory to the Town Engineer, that based upon
on -site observation, review of sufficient construction - observation reports, field test
reports and material test reports and certifications by qualified personnel, the installation
SIA- Riverfront -4 27 cln 4
of the Improvements, or portions thereof as may be completed from time to time, have
been completed, to the best of their knowledge and professional judgment, in substantial
conformance with all standards, plans and specifications as submitted to and previously
approved by the Town, or the pertinent utility supplier, as depicted on the Approved
Plans, as such Approved Plans may be revised and subsequently approved. The
engineer's opinion shall also include a statement that the opinion is based on a reasonable
review and investigation of all observation reports by the Town inspectors and that all
issues of "Non- Compliance" and additional observation and testing requests that have
been provided to the engineer were addressed to their satisfaction prior to issuance of
engineer's opinion. Inspection reports, test results, as- constructed plans and other
supporting documentation shall be submitted with the engineer's opinion.
7. Subdivision and Inspection Fees. Fees in accordance with the Town's
Subdivision Regulations for the review of Preliminary Plans and Final Plats have been
paid in full. Additional fees shall be paid to the Town by the District within thirty (30)
days after delivery of written invoice for such fees to cover the cost of inspections by the
Town. The fees, if any, will be based on direct (out -of- pocket) costs of the Town plus an
administrative fee in the amount of fifteen (15 %) percent of the direct costs, but in no
event will the total amount of such additional fees exceed five percent (5 %) of
construction costs.
8. No Obligation of Town to Complete Improvements. The District agrees
that in the event the District shall fail to perform its obligations as set forth herein, the
Town shall be under no obligation to complete any of the said Improvements or to issue
permits for development within the Subdivision.
9. Non - Liability of Town; Indemnification. The Town shall not, nor shall
any officer, agent, or employee thereof, be liable or responsible for any accident, loss or
damage related to the Work specified in this Agreement, nor shall the Town, nor any
officer, agent or employee thereof, be liable for any persons or property injured by reason
of the nature of said Work. To the extent permitted by law, the District hereby agrees to
indemnify and hold harmless the Town, and any of its officers, agents and employees
against any losses, claims, damages or liabilities to which the Town or any of its officers,
agents or employees may become subject, because of any losses, claims, damages or
liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or
omissions in the performance of the obligations of the District, as hereinbefore stated.
Furthermore, the District shall reimburse the Town for any and all legal or other expenses
reasonably incurred by the Town in connection with investigating or defending any such
loss or claim.
10. Rights of Town in Event of Default. In the event that the District defaults
in whole or in part in the performance of this Agreement, and after the expiration of thirty
(30) days after having given written notice to the District of such default, during which
period of time the District fails to correct said default, the Town may, at its sole
discretion, exercise its rights under Section 4(c) above and proceed with the construction
or completion of the Improvements specified on the Approved Plans. All such costs paid
S[A- Riverfront -4 27 cln 5
by the Town for such Improvements, together with an administrative fee in the amount of
fifteen percent (15 %) of total direct costs including cost of personnel, equipment and
other amounts expended by the Town in furtherance of the construction responsibilities
of the District, shall be paid by the District 2. The Town may bring a mandatory
injunction action against the District to require installation and construction of the
Improvements. If any such action is brought by the Town and the Town prevails in its
legal action against the District, the Town shall be awarded its court costs, attorneys' fees
and an amount to compensate the Town for the time of its employees in the preparation
of and participation in such action.
11. Town Acceptance of Improvements.
(a) Procedures for Acceptance. Upon completion of all construction by the
District, the District's engineers shall submit a written request to the Town Engineer
stating that to the best of their knowledge the installation of all Improvements are
complete in accordance with the Approved Plans and requesting a joint inspection. Upon
receipt of such request the Town Engineer will schedule and perform a joint inspection
with the District's engineer. Following the joint inspection and review of all field
observation reports, test reports, material certifications and other documentation, the
Town Engineer will prepare a written Final Acceptance Punch List. The District shall
make all corrections as so itemized and upon completion of the Final Acceptance Punch
List work, the District's engineer shall submit to the Town Engineer a written request for
a joint inspection and final acceptance. Following a joint inspection with the District's
engineer and review of supporting documentation the Town Engineer will issue a revised
written Final Acceptance Punch List to the District and the same procedures as described
herein shall apply to such revised Final Acceptance Punch List. When the Town
Engineer finds the Final Acceptance Punch List Work has been satisfactorily completed a
Resolution will be prepared for Town Council action making a determination that the
Improvements are complete and establishing the start of the warranty period. The
warranty period set forth in paragraph 5 above with respect to the Improvements shall
commence upon the date as set forth in the Town's Resolution making the determination
that the Final Acceptance Punch List has been satisfactorily completed.
(b) Letter Certifying Completion and Final Acceptance of Improvements.
When all Improvements have been completed and accepted by the Town, or the pertinent
utility supplier, and the Warranty Period has expired and provided that the District is not
in default under any of its other obligations to the Town, the Town agrees that it will
issue a letter, after consultation with the pertinent utility supplier if necessary, in
recordable form, certifying that all obligations of the District under this Agreement have
been satisfied.
12. Amendments. This Agreement may be amended from time to time,
provided that such amendment is in writing and signed by all parties hereto.
SIA- Riverfront -4 27 cln 6
13. Covenants Running with the Land. This Agreement and the obligations
hereof shall be deemed to be covenants running with the land and shall be binding on the
successors and assigns of the parties hereto.
14. Venue. Venue for any litigation arising out of this Agreement shall be in
the District Court for Eagle County, Colorado.
15. Notices. All notices, demands or other communications required or
permitted to be given hereunder shall be in writing and any and all such items shall be
deemed to have been duly delivered upon personal delivery; or as of the third business
day after mailing by United States mail, certified, return receipt requested, postage
prepaid, to the address set forth below; or as of 12:00 noon on the immediately following
business day after deposit with Federal Express or a similar overnight courier service, to
the address set forth below; or as of the third business hour (a business hour being one of
the hours from 8:00 a.m. to 5:00 p.m. on business days, local time of the recipient) after
transmitting by facsimile to the number set forth below and evidenced by an electronic
delivery receipt:
If to the District:
White Bear and Ankele Professional Corporation
1805 Shea Center Drive, Suite 100
Highlands Ranch, CO 80129
Attn: William P. Ankele, Jr., Esq.
District Counsel
Telephone: (303) 858 -1800
Facsimile: (303) 858 -1801
with a copy to:
Wear, Travers & Perkins, P.C.
1000 South Frontage Road West
Suite 200
Vail, Colorado 81657
Attn: Richard D. Travers, Esq.
Telephone: (970) 476 -7646
Facsimile: (970) 476 -7118
If to the Town:
Town of Avon
P.O. Box 975
Avon, CO 81620
SIA- Riverfront -427 cln
Attn: John W. Dunn, Town Attorney
Telephone: (970) 748-6400
Facsimile: (970) 748-8881
The parties hereto have executed this Agreement as of the date first above written.
TOWN OF AVON, a Colorado Municipal
Corporation
ATTEST:
By:
Patty McKenny, Town Clerk Ronald C. Wolfe, Mayor
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
DISTRICT:
CONFLUENCE METROPOLITAN
DISTRICT
Eagle County, Colorado
By: —
Name:
Title:
SIA-Riverfront-4 27 cin 8
I OK4 on I
Subdivision Improvements Agreement
APPROVED PLANS:
1. Riverfront Subdivision Construction Plans Road, Grading, Drainage, Water,
Sewer and Utility Plans Revision Date May 12, 2006, subject to resolution of all
comments in attached letter dated May 1, 2006 to East West Resorts Development XIV
LP LLLP from Norman Wood, P.E., Town Engineer, Town of Avon, Colorado.
As Prepared by: Alpine Engineering, Inc.
Technical Specifications:
Technical Specifications for Riverfront Subdivision
March 2006
Owner: East West Partners
P.O. Box 2770
Avon, CO 81620
Engineer: Alpine Engineering
P.O. Box 97
Edwards. CO 81632
2. The Riverfront Village Overall Landscape Master Plan Avon, Colorado Revision
Date March 24, 2006 (Progress Set - Not for Construction), subject to compliance with
all conditions in attached letter dated April 10, 2006 to East West Partners from Matt
Pielsticker, Planner 1, Town of Avon, Colorado.
As Prepared by: Terrasan Planning & Landscape Architecture
SIA-Riverfront-4 27 c1n
May 1, 2006
East West Resorts Development }{[V LPLLLP
f\tkon: Andy Guuioo
P.O. Drupvcr2770
Avon, CO 81620
Re: f(ircrfirouiSohdiviaioo - Final Plat (Construction Plans)
Road, Grading, Drainage. Woter, Sewer and Ud|ityPlans
[ear Gunjon:
The following comments are in response to our review of the Construction Y)nna for
Riverfront Subdivision as received in this office on April 12, 2006,
Riverfiront Subdivision - Construction Plans:
8���so'.':��
400 Renchm,�,rp,��
��748-4000
970-04��396a,
L 8 should be noted that the Subdivision Variance and Preliminary Subdivisioo
Plan approvals included the condition, "The Variance from the minimurn cul-de-sac
right-of-way diameter requirements io subject to the submittal and approval o[an
ucocptoh)e design conforming to nniuioouco pavement diameter and guardraU ioa(u|ladoo
contained within the cul-de-sac ri��o���." T����"��/�se�t"�es�
o\cct this requirement. 9husc submit revised plan per approval condition.
2. Please submit letters frorn all applicable utility companies verifying approval of
the Construction P!uoa as they relate to their proposed facilities, Typically this would
iodudo copies of service agrccoxrnbs with Holy Cross and Excel Energy along
wubcosts Kx installation nr documentation that service charges have been paid.
3, Landscape Plans for public ways must br Submitted with subdiviaiou
improvement plans. b should also be noted that all retaining walls and
landscaping in
public ways are subject to Town ufA,ouPlanning and Zoning Commission (P&Z)
Design Review approval. Please submit appropriate retaining wall and landscape
architectural p|uua for & Z review.
4. Fire Hydrants along the north side o[Kjvmrfrnut Lane should hc relocated tothe
south side adjacent ho the developable property.
5� Connecting Bibcpa1b between Eagle River Path and Rivcrfront Lane should bt
realigned at north end for more clearance from parking area and to obtain u more
perpendicular connection with the sidewalk.
/�syo�:"u�onm�ueuuu^�mnnuoO,umcti U "mmnc,i,°''om
May i2OO5
Dc: Riverfroul Subdivision ' Final Y|u| Plans)
Road, Grading, Drainage, Water, Sewer and Utility Plans
6. Rivcrfront Lane pedestrian crossing between Town of Avon Transportation
Center and Pedestrian Plaza area must be consistent with P & Z approval and conzpudb\o
master plaza railroad crossing designs. Related comments from P &2 review Include:
u. Bollard alignment between Kiverfioot Lane and railroad to he curved to
nnutob the auto lane curve ou the western side ofthis intersection.
b. Concrete pan extending from Kivcrfrnn1ROW to western edge ofauto
iuuc shall hwdeleted. Couou:tc shall bc flush with material o1 this area.
C. Stamped or scored concrete toieutilized at crosswalk with uogreater
than u 2` score to oncute a material di[hzoocc of the ovoesvva}k The crosswalk
will be elevated at least 2 inches in 2 feet at the transition fi-om both approaches.
d. Traffic calming devices such asu flower box shall be introduced iuthe
Ri*trknut ROW at the crosswalk. The approach to this pedestrian croaovvu|k
shall be designated as a 15 MPH speed limit at locations noted in this report.
R/c may want (o incorporate »snre/so4ne light /x/o each end o/'u raised n,eJ/uo
through the pedestrian c/nxx//g, This cuo6fyoss/h/v he incorporated wi/6 flower
boxes nrus ukeovu//ve to flower boxes but either way will help oobrurz some u/
the lighting concerns a/ this crossing.
7. Rc ioo/LuudeuopePlaosurono1iuc\udcdvvdbsubndttd, Please submit
on /Landscape Plans for all areas within public hgbts-of-vouy and areas
disturbed hy construction of public improvements.
0. "Proposed Sales Center" improvements should bu deleted frocosubdivision
improvement plans or at least noted that work is not part o[public improvements and is
Subject 10 additional permits and approvals.
V. ltis noted that future building outlines uy depicted ou Construction Plans appear
to overlap drainage ways along connecting Bikepath and into existing Town of Avon
Drainage Easement and into existing Water and Sewer Easement. Also it appears h/iUoc
hui\dinaoudioc does not leave odcguutc space to maintain or reconstruct retaining vvuU at
ca|-dc'ouu.
/O. Southerly Avon Road crosswalk should he located closer Ln end ofcxJeodud
median !obc compatible with vehicle storage lane and intersection with Hurd Lane.
l|. Consider slight increase iu grades oo lower portion of new upper bike path to
reduce 8%�radc and provide bc#orconnection toaidcvvo\ku1'�vouRoad.
11 ��oneider small drainage awn|o along upper edge of new upper bike path and small
culvert Linder existing path at connection point to existing path.
momocc uuba/.a ion pinum»"muu it) n Plan xo iu^/oa
May 1. 2005
Rc: Rivorfrnot Subdivision - Final Plat (Construction Plans)
Roud.Ormdbna Drainage, \�u�r, Sewer and UdliiyPlans
l]. There appears toho adequate space to relocate the shallow utilities vault shown ua
located in the sidewalk at the southwestern corner of the intersection of Avon Road and
8ivcrboo[ Lane. This vault should br relocated accordingly.
14. It appears that the area of relocation of the existing path along the Eagle River
needs to be extended to the west inoptimize alignment and maintain po(b width,
(Sbec[7)
15. Should lighting conduit location along bike path be revised to2 feet from outside
of widened yutb7
lh. Utility service stub OUtS Should be extended far enough beyond right-of-way line
to avoid sidewalk or street damage when excavating to make connections.
17, Retaining wall plans appear to be inconsistent with grading plans especially in the
area around mn street parking area and connecting Bikcpatb.
I& Please submit copies of Sediment and Erosion Control Best Management
Practices and State Stormu/o<cr Control Permit, Maintenance notes uu plans should
match BMP and Permit conditions.
19� Please include proposed dust control and mitigation plan us part ofconstruction
dooun000{a.
20� Please note that a Permit for Work Within Public Ways will be required for work
within Avon Road right-of-way and that this work will be subject to the conditions of
such permit in addition to compliance with the Subdivision Improvements AgzeorncoL
21, Projected traffic \oudiogof25 BL}L}\ for pavement design seems tnboreasonable
after project isboiitout,bovvovuri1docnocexotnboudequu0riniuc|odecouxtrucboo
traffic during the anticipated 3to5 year build out period. How does this affect pavement
section?
22. Avon Road Crosswalk Details should hc revised tn match existing Avon Road
crosswalks ot Beaver Creek Boulevard and Benchmark Road. (We may he able (ohelp
with details if desired.)
23. Pedestrian Crossing Ramps must be revised to cotiform to ADA requirements
including truncated dome pavers.
24. The small asphalt areas between crosswalks and drainage paris at the Riverfiront
Lane / Avon Road intersection should bc changed to concrete pavement.
25. All Avon Road widening and asphalt patch backs must bo existing asphalt
thickness plus |-inch.
26� Additional signage should be provided to emphasize pedestrian crossing area alid
to reduce Speed Limit through crossing area to Pedestrian Plaza to 15 MPH,
27. {t appears that the addition ofu Yield Sign in the island and dashed yield Uoc
striping for the right turn lane utRivcrdon{ Lane /Avon Road intersection may help
clarify intended traffic flow in this area,
May 1,21005
Re: Rjvccfrno1 Subdivision - Final Plat (Construction Plans)
Road, Drainage, Water. Sewer and Utility F1uus
2& The street identification signs Lane) appear tobe undersized ut4-
inches tdL l believe the standard street identification signs in Town are 6-inches tall.
29� kis not clear how drainage gets from box culvert under railroad to inlet 42at the
cul-de-sac. k does not appear that the l5-inoh pipe between the Inlet 42 and tile box
uu|vcn under the railroad will curry the 100 cfb Dnn/ projected per Drainage Deport, and
contour lines seem to indicate that surface flow will bein the west away from the inlet,
30� The guardrail at the cul-de-sac should not henecessary with the curb and gutter
section and posted speed limits.
31. Please provide details for the pedestrian railing proposed at the cul-de-sac.
32� The lighting plan is so6ieoi to l[ovvo of Avon Planning and Zoning Commission
Design Review for both fixture types and lighting levels. Comments will boforthcoming
following that review.
We will continue our review upon receipt of a response to the above conaments.
Additional comments will be forthcoming as we continue our review ofthe Riverfront
Subdivision related documents.
Norman Wood, P.E.
Town Engineer
Cc: TumbiKadtb
Erc8ciduununu
Larry Brooks
Mike Sliper
/ man xo°o"'/Doc 4
FA T *Tlng1 i �Q
East West Partners
Attn: Andy Gunion
P.O. Drawer 2770
Avon, CO 81620
RE: RiVERFRONT VILLAGE - MASTER LANDSCAPING & PLAZA PLAN
CONDITIONALLY APPROVED BY PLANNING COMMISSION
Em
At their April 4, 2006 meeting, the Planning and Zoning Commission approved the
above-mentioned plan with the following conditions:
1/ All lighting submitted is only conceptually approved, and will require
submittal of a site lighting plan in conformance with Chapter 15.30
("Outdoor Lighting Standards") prior to final approval. Street lighting
fixtures will match those selected for use in the Town Center project. The
Tract A bollard option shall be resubmitted (both concrete and wood are
not approved as submitted). Lighted bollards shall be used at the
pedestrian crossing of Riverfront Lane.
2/ Bollard alignment between Riverfront Lane and railroad to be curved to
match the auto lane curve on the western side of this intersection.
3/ Concrete pan extending from Riverfront ROW to western edge of auto
lane shall be deleted. Concrete shall be flush with material at this area.
4/ Stamped or scored concrete to be utilized at crosswalk with no greater
than a 2' score to create a material difference of the crosswalk. The
crosswalk will be elevated at least 2 inches in 2 feet at the transition from
both approaches.
5/ Traffic calming devices such as a flower box shall be introduced in the
Riverfront ROW at the crosswalk. The approach to this pedestrian
crosswalk shall be designated as a 15 MPH speed limit at locations noted
in this report.
6/ Concrete from terminus of public plaza to river path shall be stained or
colored to compliment retaining wall and plaza color and material palette.
F-Tlanning& Zoning Commission Weeting Letters 12006W404WRiverfront Landscaping& Plazaapproveddoc
7/ The restroom/gondola operations building will be resubmitted in context
with the hotel design review. Snow shedding will be incorporated and
reviewed as part of the snow management plan for this building.
8/ Minimum quantities for landscape plan shall be increased to 6-8 trees for
each 650 square feet of landscape plan to conform to submitted plans
shown for public areas (Riverfront Lane & Entrance and below retaining of
plaza). One tree and three shrubs per 650 square feet (ten shrubs may be
substituted for one tree) is approved as the minimum for each individual
lot, and shall be reviewed separately during design review for each
submittal.
9/ Fencing along Railroad ROW will be specified and approved separately.
10/ Additional evergreen trees shall be introduced at the base of the retaining
wall below the public plaza and the minimum height of these trees shall be
15' tall at time of installation.
11/ The crosswalk at Riverfront Lane shall be installed by the opening day of
the gondola.
12/ Snowmelt down the stairs of the public plaza to the river access trail shall
be reviewed with the hotel design review.
13/ Use of Spruce trees behind the Avon Transit Directional Sign shall be
slightly tapered and pulled to the east to avoid obstruction of view.
Feel free to call our office if you have any questions regarding your approval at
970.748.4030.
Kind Regards,
Matt Pielsticker
Planner I
Cc: File
I
Subdivision Improvements Agreement
PUBLIC IMPROVEMENTS CONSTRUCTION COST ESTIMATE
Road, Grading, Drainage, Water, Sewer and Utilities
Per Riverfront Subdivision Bid Tab (Attached)
Landscape Master Plan
Per Riverfront Drive ROW Cost Estimate (Attached)
Natural Gas Service (Excel Energy)
Town of Avon Estimated Cost
Contract Administration & Contingencies
Town of Avon Estimate at 15%
Total Estimated Cost
SIA- Riverfront -4 27 cin
$ 4,141,457
$ 349,221
$ 200,000
$ 703,602
$ 5,394,280
RIVERFRONT SUBDIVISION
BID TAB
March 28, 2006
ALPINE
ENGINEERING INC
B & B Excavatin
Item
Description
Unit
Quantity
Unit Price
Total
1
Mobilization
LS
1
S 263,500.00
$ 263,500.00
2
Traffic Control
LS
1
S 99,075.00
$ 99,075.00
3
Obstruction Removal
LS
1
$ 190,000.00
$ 190,000.00
4
Clearing
LS
1
$ 35,000.00
$ 35,000.00
Subtotal
$ 587,575.00
ROADS
5
Topsoil Remove and Stockpile
CY
2,594
$ 5.10
$ 13,229.40
6
Topsoil Replace (6 ")
CY
2,038
S 8.15
S 16,609.70
7
Excavation
CY
12,344
$ 4.70
$ 58,016.80
8
Embankment
CY
33,402
$ 4.50
$ 150,309.00
9
Borrow, Haul, and Embankment
CY
22,365
S 4.12
S 92,14180
10
Export of Unsuitable Material
CY
4,200
$ 17.00
$ 71,400.00
11
Borrow, Haul, and Embankment (for
replacing unsuitable material)
CY
4,200
S 4.12
S 17,304.00
12
Overexcavation of Man - placed Fill
CY
8,713
$ 4.00
$ 34,852.00
13
Embankment for Overexcavation of Man -
placed Fill
CY
10,020
$ 4.50
S 45,090.00
14
MSE Walls using Modular Block
SF
1,770
$ 50.82
$ 89,951.40
15
MSE Walls with Modular Block and
Veneer
SF
1,282
$ 82.93
S 106,316.26
16
Guardrail
LF
141
$ 186.00
$ 26,226.00
17
Jersey Barricade (CDOT Type 4)
LF
130
$ 34.00
$ 4,420.00
18
Removable Bollards
EA
2
$ 605.00
$ 1,210.00
19
Concrete Curb and Gutter (2.59
LF
3,711
$ 25.31
$ 93,925.41
20
6" Median Curb and Gutter
LF
34
$ 47.39
$ 1,611.26
21
4" Mountable Median Curb and Gutter
LF
111
$ 32.48
$ 3,605.28
22
4° Concrete Pan
LF
731
$ 57.79
$ 42,244.49
23
Concrete Sidewalk
SF
11,613
S 7.59
$ 88,142.67
24
Class 6 ABC (for roads)
TON
2,353
$ 26.18
$ 61,601.54
25
Class 6 ABC (for connecting paths)
TON
583
$ 25.50
$ 14,866.50
26
Class 6 ABC (Sales Center Parking)
TON
159
$ 26.25
$ 4,173.75
27
Asphalt (for roads)
TON
1,687
$ 58.50
$ 98,689.50
28
Asphalt (for connecting paths)
TON
189
$ 64.00
$ 12,096.00
29
Asphalt Overlay (path)
TON
341
$ 65.60
$ 22,369.60
30
Asphalt (Sales Center Parkin)
TON
74
$ 64.00
$ 4,736.00
31
Widen Existing Path
LF
1,598
$ 34.00
S 54,332.00
32
ADA Ramp
EA
26
$ 962.90
$ 25,035.40
33
Stop Bar Striping
EA
I
S 397.00
S 397.00
34
Turn Arrows
EA
4
$ 350.00
$ 1,400.00
35
4" Solid Line Striping
LF
3,486
$ 0.76
$ 2,649.36
36
6" Dashed Line Striping
LF
90
$ 1.20
$ 108.00
37
8" Dashed Line Striping
LF
53
$ 1.52
$ 80.56
38
8 "Solid Line Striping
LF
225
$ 1.52
$ 342.00
39
Parking Area Striping
LS
1
2266
$ 2,266.00
40
Signs
EA
21
$ 345.00
$ 7,245.00
41
Paver Crosswalks
EA
6
$ 14,619.27
$ 87,715.62
42
Paver Transit Area
LS
1 1
$ 26,240.92
$ 26,240.92
B & B Excavatin
43
Pedestrian Rail
LF
223
$ 133.00
$ 29,659.00
44
Path Rail
LF
303
$ 100.00
$ 30,300.00
45
Concrete Wheel Stops
EA
7
$ 90.00
$ 630.00
Subtotal
$ 1,443,541.22
DRAINAGE
46
Sand Oil interceptor
EA
2
$ 16,814.00
$ 33,628.00
47
Manhole 4' Diameter
EA
10
$ 1,455.00
S 14,550.00
48
Manhole 5' Diameter
EA
I
$ 2,333.00
$ 2,333.00
49
Manhole 6' Diameter
EA
I
$ 7,750.00
$ 7,750.00
50
Curb Inlet
EA
2
$ 2,300.00
$ 4,600.00
51
Inlet Type C
EA
2
$ 2,565.00
$ 5,130.00
52
Inlet Type D
EA
1
$ 3,303.00
$ 3,303.00
53
Inlet Type R -5 Foot
EA
11
$ 6,740.00
$ 74,140.00
54
Inlet Type R -10 Foot
EA
2
$ 6,616.00
$ 13,232.00
55
Inlet Type R -15 Foot
EA
1
$ 6,550.00
$ 6,550.00
56
18" RCP (Class III)
LF
1,451
$ 84.96
$ 123,276.96
57
24" RCP (Class III)
LF
631
$ 99.68
$ 62,898.08
58
48" RCP (Class III)
LF
114
172.2
$ 19,630.80
59
18" Concrete End Section
EA
2
$ 408.00
$ 816.00
60
24" Concrete End Section
EA
3
$ 477.00
$ 1,431.00
61
48" Concrete End Section
EA
1
$ 1,750.00
$ 1,750.00
62
4" PVC
LF
62
$ 96.85
$ 6,004.70
63
12" PVC
LF
18
$ 80.76
$ 1,453.68
64
Concrete Collar
EA
1
$ 692.00
$ 692.00
Subtotal
$ 383,169.22
EROSION AND SEDIMENT CONTROL
65
Stabilized Construction Entrance
EA
1
$ 3,330.00
$ 3,330.00
66
Silt Fence
LF
2,525
$ 4.34
$ 10,958.50
67
Rip Rap (inlet /outlet protection) d50 =12"
SY
18
$ 75.00
$ 1,350.00
68
Rip Rap (inlet /outlet protection) d50 =24"
SY
75
$ 129.00
$ 9,675.00
69
Erosion Control Mat
SY
451
$ 8.35
$ 3,765.85
70
Sediment Trap
LS
1
$ 8,500.00
$ 8,500.00
Subtotal
$ 37,579.35!'
WATER
71
12" DIP
LF
2,466
$ 92.43
$ 227,932.38
72
8" DIP
LF
81
$ 84.28
$ 6,826.68
73
6" DIP
LF
96
$ 67.18
$ 6,449.28
74
4" DIP
LF
42
$ 97.42
$ 4,091.64
75
2" Type K Copper Water Service
LF
25
$ 61.86
$ 1,546.50
76
1 " Type K Copper Water Service
LF
20
37.9
$ 758.00
77
24" Gate Valve
EA
4
$ 20,735.00
$ 82,940.00
78
12" Gate Valve
EA
11
$ 2,096.00
$ 23,056.00
79
8" Gate Valve
EA
2
$ 1,153.00
$ 2,306.00
80
6" Gate Valve
EA
3
$ 800.00
$ 2,400.00
81
4" Gate Valve
EA
1
$ 669.00
$ 669.00
82
Air Release Vault
EA
3
$ 7,381.00
$ 22,143.00
83
Fire Hydrant assembly
EA
8
$ 6,490.00
$ 51,920.00
Subtotal
$ 433,038.48
SEWER
84
30" DIP (class 56)
LF
321
515.5
$ 165,475.50
85
10" Yelomine
LF
1,760
$ 79.20
$ 139,392.00
86
8" PVC Sevice
LF
226
$ 59.05
$ 13,345.30
87
6" Yelomine Service
LF
22
$ 115.50
$ 2,541.00
B & B Excavatin
88
4" PVC Service
LF
67
$ 62.00
$ 4,154.00
89
Manhole (4' diameter)
EA
11
$ 1,852.00
$ 20,372.00
90
Manhole (5' diameter)
EA
3
$ 2,492.00
$ 7,476.00
91
Manhole (6' diameter)
EA
4
$ 4,012.00
$ 16,048.00
92
Sewer Video
LF
2,081
$ 2.89
$ 6,014.09
Subtotal
$ 374,817.89
SHALLOW UTILITIES
93
Trenching
LF
3,948
$ 16.86
$ 66,563.28
94
Trenching (Path Lighting Conduit)
LF
2,005
$ 7.60
$ 15,23&00
95
Electric Conduit 4" Primary (install)
LF
4,360
$ 2.42
$ 10,551.20
96
Electric Conduit 4 "Secondary
LF
6,321
$ 4.16
$ 26,295.36
97
Telephone Conduit 4"
LF
3,484
$ 4.16
$ 14,493.44
98
Fiber Optic Conduit 4"
LF
6,411
$ 4.16
$ 26,669.76
99
Cable Television Conduit 4"
LF
3,404
$ 4.16
$ 14,160.64
100
Spare Conduit 4"
LF
6,978
$ 4.16
$ 29,028.48
101
Transformer UMI -13S (install)
EA
3
753.32
$ 2,259.96
102
Transformer UMI -I IS (install)
EA
7
$ 753.32
$ 5,273.24
103
Communication 4484 -TCA Vault
EA
7
$ 9,720.00
$ 68,040.00
104
Electric UM35L Slice Vault (install)
EA
2
$ 753.32
$ 1,506.64
105
Fiber Optic /Phone 38y- 5106 -TCA Vault
EA
2
$ 14,800.00
$ 29,600.00
106
Handhole
EA
12
$ 2,100.00
$ 25,200.00
107
Gas Trenching
LF
2,108
$ 15.07
$ 31,767.56
Subtotal
$ 366,647`.56 '
ELECTRICAL
108
City of Avon Light Fixture
EA
25
5343
$ 133,575.00
109
Bike Path Low Level Bollard
EA
77
3191
$ 245,707.00
110
Holiday Lighting Receptacles
EA
38
552
S 20,976.00
111
Electrical Service
EA
1
16312
$ 16,312.00
112
Electrical Service to Future Signs
EA
2
2549
$ 5,098.00
113
Electrical Branch Circuit Wiring
EA
1
93420
$ 93,420.00
Subtotal
$ 515,088.00
Gltril�tT..tuse,Prt ..
. .
77777
4x141,it5672 ;
SIA - Landscape Estimate.XLS
RIVERFRONT VILLAGE
LANDSCAPE MASTER PLAN
Riverfront Dr ROW
Cost Estimate
Terrasan
3/30/2006
ITEM
QTY: UNIT.. ... AMT TOTAL ..:...GRD:.:TTL .....
EARTHWORK $25,000.00
Imported Topsoil 1000 cy $25.00 $25,000.00
IRRIGATION
$43,100.00
Planting Beds
16700 sf
$1.00
$16,700.00
Backflow/Controller
21s
$3,000.00
$6,000.00
Sod
24000 sf
$0.85
$20,400.00
SOIL PREPARATION
$25,685.00
Planting Beds/Sod
46700 sf
$0.50
$23,350.00
Fine Grading
46700 sf
$0.05
$2,335.00
LAWNS & GRASSES
$25,500.00
Reseed Disturbed Area
10,000 sf
$0.25
$2,500.00
Sod
24,000 sf
$0.75
$18,000.00
Erosion Control
1 Is
$5,000.00
$5,000.00
TREES, SHRUBS, VINES, GRD.COVERS,PERENNIALS
$229,936.00
Aspen 2 1/2"
20 ea
$250.00
$5,000.00
Aspen 3"
35 ea
$300.00
$10,500.00
Aspen 4"
29 ea
$450.00
$13,050.00
Spruce 18'-20'
7 ea
$3,000.00
$21,000.00
Spruce 16'
7 ea
$2,000.00
$14,000.00
Spruce 14'
20 ea
$1,400.00
$28,000.00
Spruce 12'
40 ea
$900.00
$36,000.00
Spruce 10'
69 ea
$750.00
$51,750.00
Deciduous Shrub 5gal
500 ea
$30.00
$15,000.00
B& B Evergreen Shrubs
0 ea
$250.00
$0.00
Peren./Grd. Cover 1 gal
1500 sf
$6.00
$9,000.00
Annuals
5000 ea
$1.75
$8,750.00
Mulch
16700 sf
$0.50
$8,350.00
Steel Edging
1192 If
$8.00
$9,536.00
TOTAL
$349,221.00
Page 1
Mffllw,��
Subdivision Improvements Agreement
SIA-Riverfront-4 27 On
deposit required to replace monies then on deposit in the Interim Security Account (the
"Bond Funds ") to guarantee construction of the Improvements.
4. The Board of Directors hereby certifies to the Town Council that the
Interim Funds are unencumbered and free from claims from third parties, so that any
requests by the Town for payment under the SIA may be promptly honored in accordance
with the terms of the SIA. The Board of Directors further certifies that the Interim
Security Account is a separate account and reserved for the uses specified in the SIA,
and shall be held in compliance with the requirements of Section 29- 1- 803(1), C.R.S., for
the purposes of providing for the completion the Improvements.
3. To the extent that Bond Funds are used to replace the Interim Funds, the
Board of Directors hereby certifies to the Town Council that the Bond Funds are being
held by the Indenture Trustee pursuant to the Indenture of Trust, and are otherwise
unencumbered and free from claims from third parties, so that any requests by the Town
for payment under the SIA may be promptly honored if presented to the Indenture
Trustee as provided in the Indenture of Trust. The Board of Directors further certifies
that Construction Fund in which the Bond Funds are held under the Indenture of Trust, is
a separate account (the "Security Account ") and reserved for the uses specified in the
SIA, and shall be held in compliance with the requirements of Section 29 -1- 803(1),
C.R.S., for the purposes of providing for the completion the Improvements.
4. This Resolution shall be renewed at the beginning of each subsequent
calendar year until all the Improvements have received final acceptance or until the
District provides substitute collateral acceptable to the Town.
APPROVED AND ADOPTED THIS _ DAY OF , 2006
CONFLUENCE METROPOLITAN DISTRICT
ATTEST
By:
President
By:
Secretary
ADDENDUM TO
RIVERFRONT SUBDIVISION
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS ADDENDUM TO RIVERFRONT SUBDIVISION IMPROVEMENTS
AGREEMENT ( "this Addendum "), made and entered into this day of ,
2006, is by and among Confluence Metropolitan District, a Colorado quasi - municipal
corporation and political subdivision of the State of Colorado (the "District "), and the
Town of Avon, a Colorado municipality, by and through its Council (the "Town ").
WHEREAS, the District, in connection with the approval of the final plat for the
Riverfront Subdivision, consisting of 18.893 acres in the Town of Avon, Eagle County,
Colorado (the "Subdivision "), will enter into a Subdivision Improvements Agreement
( "Agreement ") with the Town as provided for by Section 16.24. 100 of the Avon
Municipal Code, as amended (the "Code "); and
WHEREAS, pursuant to the Code, the Town desires to make reasonable
provisions for completion of certain public improvements ( "Improvements ") as depicted
on the plans approved by the Town for the Subdivision dated
( "Approved Plans ") and as identified in Exhibit A attached to the Agreement, together
with minor changes approved by the Town Engineer; and
WHEREAS, the initial security to be provided for funding of the Improvements
will be a cash deposit furnished by the District, which cash deposit is expected to be
replaced by cash proceeds from the issuance of bonds by the District;
WHEREAS, this Addendum will supercede the Agreement in part until the cash
deposit is replaced by cash proceeds from the issuance of bonds by the District;
AGREEMENT
NOW THEREFORE, the parties hereby agree that the following sections of the
Agreement shall be superceded as follows until such time as the cash deposit is replaced
by cash proceeds from the issuance of bonds by the District:
4. District Obligations Concerning Improvements.
(a) Funding Resolution. The District has adopted a resolution (the
"Funding Resolution ") attached as Exhibit C to the Agreement authorizing the District's
execution of this Addendum and the Agreement and providing for the appropriation,
segregation and use of funds in an amount sufficient to guarantee the construction of the
Improvements as set forth on the Approved Plans. The estimated costs of completion of
the Improvements are set forth on Exhibit B to the Agreement.
SIA 051106 redline
The Town acknowledges and agrees that the initial security to be provided
for funding of the Improvements will be a cash deposit furnished by the District, which
cash deposit is expected to be replaced by cash proceeds from the issuance of bonds by
the District. The Town shall have access to such cash deposit as provided for in this
Addendum.
Following the issuance of bonds by the District, the District shall provide
evidence that bond proceeds equal to the amount of security required for the
Improvements under this Agreement are on deposit with the Bond Trustee. At such time
the remainder of the cash deposit shall be released. The Town agrees to use the cash
deposit only for the purpose of paying the costs of the Improvements, and not to apply
such funds for purposes not authorized in the Indenture of Trust.
The Funding Resolution specifically provides that all funds referenced
therein are unencumbered and free from claims of others such that, if necessary, any
requests for payment approved by the Town may be promptly honored. As a condition to
recordation of the Final Plat, the District shall provide evidence to the Town that such
funds have been segregated in a separate, interest bearing account (the "Interim Security
Account ") and identified for use in connection with this Agreement.
(b) Progress Payments on Improvements. The District may make
progress payments to its contractors from the Interim Security Account on a monthly
basis upon the partial completion of itemized Improvements and upon fifteen (15) days'
prior written notice, which notice will include an itemized statement of the monthly
payment, to the Town. The District shall retain ten percent (10 %) of the amount of each
payment until final completion and acceptance of all work covered by each construction
contract; provided, however, when the value of work completed has progressed to fifty
percent (50 %) of the contract amount, the District shall not be required to withhold
additional retainage for the remainder of the work under such contract. The ten percent
(10 %) retainage of the value of the work completed may be reinstated if in the Town's
opinion the lack of progress or other substantial reasons exist. Subject to the foregoing,
in no event shall any progress payment cause the remaining sum to be available in the
Interim Security Account for subsequent disbursements to be less than one hundred ten
percent (110 %) of the costs to complete all remaining Improvements as estimated at the
time of each progress payment. Upon completion of all work related to the
Improvements, the Town's acceptance of the Improvements and the expiration of the
Warranty Period as set forth in paragraph 5 below the Town shall release any further
interest in the Interim Security Account, unless earlier released pursuant to Section 4(a)
above.
(c) Default by District. In the event of a default in whole or in part by
the District, the Town shall be authorized to access the funds in the Interim Security
Account for the purpose of undertaking completion or remediation work on the
Improvements after providing thirty (30) days' advance written notice of default and
providing a opportunity during such period for the District to cure the default. The Town
SIA 051106 redline 2
shall be entitled to draw on the Interim Security Account by Resolution of the Town
Council stating (i) that the District is in default, and (11) the funds are required in order to
complete or correct work on the Improvements.
The parties hereto have executed this Addendum as of the date first above written.
TOWN OF AVON, a Colorado Municipal
Corporation
ATTEST:
By:
Patty McKenny, Town Clerk Ronald C. Wolfe, Mayor
01 19 a -11_101 I Ar a W5 &-I Kel we] = I
John W. Dunn, Town Attorney
DISTRICT:
CONFLUENCE METROPOLITAN
DISTRICT
Eagle County, Colorado
By: _
Name:
Title:
SIA 051106 redline 3
-F,4 C
GUARANTY AGREEMENT
FOR
RIVERFRONT EXPRESS GONDOLA CONSTRUCTION
THIS GUARANTY AGREEMENT, made and entered into this day of
, 2006, is by and among Confluence Metropolitan District, a Colorado quasi -
municipal corporation and political subdivision of the State of Colorado (the "District ")
and the Town of Avon, a Colorado municipality, by and through its Council (the
"Town ").
RECITALS
WHEREAS, the District, in connection with the Riverfront Subdivision,
consisting of 18.893 acres in the Town of Avon, Eagle County, Colorado (the
"Subdivision "), desires to enter into this Guaranty Agreement For Construction of
Riverfront Express Gondola ( "Agreement ") with the Town to secure the funding for
construction of the Riverfront Express. Gondola (the "Gondola ") as contemplated by that
certain "Amended and Restated Development Agreement, by and between the Town and
Avon Confluence, LLC (as then assigned to East West Resort Development XIV, L.P.,
L.L.L.P., a Delaware limited partnership registered as a limited liability limited
partnership, "East West "), dated March 14, 2006, and as provided for in that certain
"Purchase and Installation Agreement" by and between East West and
Dopplemayr /CTEC, Inc. ( "Dopplemayr "), dated AkIr " (the "Gondola
Construction Agreement "); and
WHEREAS, the Gondola is not a public improvement being constructed for the
purpose of dedication to the Town for ownership, operations and maintenance, and
accordingly the Town has not established specific design standards therefor; and
WHEREAS, East West has completed design of the Gondola with the advice and
approval of the Town, and has issued a Notice to Proceed to Dopplemayr under the
Gondola Construction Agreement, to commence pre - construction activities for the
Gondola; and
WHEREAS, the District intends to issue bonds to fund the construction of the
Gondola, in advance of which East West intends to assign the Gondola Construction
Agreement to the District, and loan sufficient funds to the District to fund the cost of
construction as set forth therein; and
WHEREAS, the parties desire to establish the terms and conditions upon which
the District shall guarantee funding for the costs of construction of the Gondola,
Gondola Guaranty Agreement Q wpa051506.doc
UNBREDEM
NOW THEREFORE, in consideration of the following mutual covenants,
conditions and promises, the parties hereby agree as follows:
Completion of Work.
(a) Performance. The District agrees to furnish all equipment, labor
and material necessary to construct in a good and workmanlike manner, the Gondola
pursuant to the design as set forth in the Gondola Construction Agreement. The District
shall have the right to amend or modify the Gondola Construction Agreement as may be
necessary to facilitate completion of the Gondola in substantial conformity to the design
as presently set forth in the Gondola Construction Agreement.
(b) Observation of Construction by Town.
(i) The Town shall have the right to observe the construction
of the Gondola and to enter onto the project site for such purposes. Observation of
construction by the Town shall not relieve the District or its respective agents from any
responsibility or obligation to assure that all work is completed in conformance with the
specifications set forth in the Gondola Construction Agreement. The Town shall be
responsible for any costs associated with such observation activities provided the District
has paid all building permit fees.
(ii) Notice of Material Non-Compliance. In the event that the
Town reasonably determines that construction of the Gondola is proceeding in material
violation of the design specifications set forth in the Gondola Construction Agreement,
and that such material violation will prevent the Gondola from being used for its intended
purpose, it shall give written notice of such material non - compliance to the District
( "Notice of Material Non - Compliance "). The Notice of Material Non - Compliance shall
include a narrative describing the unsatisfactory construction work with specific
reference to the applicable construction plans and specifications. The Notice of Material
Non - Compliance must be provided to the District within two (2) working days of the date
of the observation. The notice may be provided in an informal manner agreed upon by
the parties and without compliance with Paragraph 9 hereof Thereafter, the parties shall
cooperate in good faith to resolve the issue, failing which the Town shall have the
remedies specified in Paragraph 4(a) hereof.
(iii.) Enforcement of Building Codes. Nothing contained herein
shall limit the rights and remedies of the Town contained in the applicable building
codes.
2. Security for Completion of the Gondola. To secure completion of the
Gondola the District hereby agrees to secure the respective obligations under this
Agreement as hereinafter provided.
Gondola Guaranty Agreement v2 wpa051506.doc 2
(a) District Guaranty. Upon assignment of the Gondola Construction
Agreement from East West to the District, the District shall be responsible for
guaranteeing construction of the Gondola. The District shall guarantee the balance of the
costs of construction of the Gondola due under the Gondola Construction Agreement,
taking into account all prior payments made by East West thereunder, and all reductions
or increases to the contract price resulting from change orders or other contract
modifications approved in writing by East West and Dopplemayr prior to the effective
date of the assignment of the Gondola Construction Agreement to the District. The
District shall comply with the following to fulfill its guarantee requirements:
(i) Funding Resolution. At the time of execution hereof, the
District shall have adopted a resolution (the "Funding Resolution ") attached hereto as
Exhibit A authorizing the District's execution of this Agreement, and providing for the
appropriation, segregation and use of funds in an amount sufficient to guarantee the
construction of the Gondola required in subparagraph 2(a), above. A separate account
shall be established to track funds reserved for use in funding Gondola costs. The Town
shall be entitled to examine the Indenture Trustee's bank records to assure compliance
with these terms. The District shall renew the Funding Resolution at the beginning of
each subsequent calendar year until final payment to Dopplemayr has been made. The
Funding Resolution specifically provides that, subject to the terms of the Indenture of
Trust, all funds referenced therein are unencumbered and free from claims of others such
that, if necessary, any requests for payment approved by the Town may be promptly
honored. The District shall provide evidence to the Town that such funds have been
segregated in a separate, interest bearing account and identified for use in connection
with this Agreement.
(ii) Initial Security /Substitute Security. The Town
acknowledges and agrees that the initial security to be provided for funding of the
Gondola will be a cash deposit furnished by the District ( "the Initial Gondola Account "),
which cash deposit is expected to be replaced by cash proceeds from the issuance of
bonds by the District ( "the Gondola Bond Account "). The Town shall have access to
such cash deposit in the event of default as provided for in this Agreement. Following
the issuance of bonds by the District, the District shall provide evidence that bond
proceeds equal to the amount of security required for the Gondola under Paragraph 2(a)
hereof are on deposit with the Bond Trustee in an account segregated for funding of the
Gondola Bond Account. At such time the remainder of the initial cash deposit in the
Initial Gondola Account shall be released. The Town agrees to use any deposits
furnished as security by the District hereunder only for the purpose of paying the
costs of the Gondola, and not to apply such funds for purposes not authorized in the
Indenture of Trust.
(iii) Indenture of Trust Procedures. In accordance with the
terms of the Indenture of Trust by which the District's bonds will be issued, the Bond
Trustee will serve as custodian of the bond proceeds to ensure that such proceeds are
applied for the purposes of funding the Gondola. The procedure by which funds are
released involves the filing of "Draw Requests" together with related invoices with the
Gondola Guaranty Agreement Q wpa05l5O6.doe 3
Bond Trustee. The Indenture of Trust shall contain provisions authorizing the Town to
submit Draw Requests to the Bond Trustee, in order to effectuate the Town's remedies to
draw funds for constructing the Gondola, in the event of a default by the District
hereunder.
(iv) Press Payments by District. The District may withdraw
funds from the Initial Gondola Account or the Gondola Bond Account as needed to pay
costs under the Gondola Construction Agreement; provided, however, the District shall
not be authorized to withdraw funds from the Initial Gondola Account or the Gondola
Bond Account , as applicable, to the extent doing so would reduce the balance remaining
in the Initial Gondola Account or the Gondola Bond Account , as applicable, to an
amount below the unpaid balance of the contract price or the estimated costs of
completion, whichever is greater. The Town shall be entitled to examine the District's
financial records to assure compliance with these terms. Further, upon fifteen (15) days
written notice from the Town, the District agrees to provide a written statement to the
Town containing the following details: the total amount on deposit in the Initial Gondola
Account or Gondola Bond Account, as applicable; and the unpaid balance of the contract
price.
3. Retainage Provisions. The Town acknowledges that the Gondola
Construction Agreement contains agreed -upon terms governing retainage for progress
payments, and that such amounts are established pursuant to the provisions concerning
retainage on public works projects. The District agrees that the retainage provisions set
forth in the Gondola Construction Agreement shall not be modified, except with the
concurrence of the Town.
4. Default.
(a) In the event of the issuance of a Notice of Material Non -
Compliance as permitted in Paragraph 1(b)(ii) hereof, and the failure of the parties to
reach settlement thereof within sixty (60) days, the Town shall have the right to seek
injunctive relief against the District to enforce the terms of this Agreement.
(b) The following events shall entitle the Town to access the Initial
Gondola Account or the Gondola Bond Account, as appropriate, to complete construction
of the Gondola, following written notice to the District and a period of thirty (30) days
thereafter for the District to cure such default:
(i) The filing of an action by Dopplemayr claiming breach of
contract on the part of the District, due to failure to pay for work performed in
accordance with the Gondola Construction Agreement;
(ii) Termination of the Gondola Construction Agreement by
the District, as applicable, without the execution of a new construction agreement within
sixty (60) days thereof, by which the Gondola will be constructed or completed
Gondola Guaranty Agreement v2 wpa05 ] 506.doc 4
substantially in accordance with the design specifications applicable to the Gondola
Construction Agreement;
(iii) The filing of a voluntary petition under federal or state
bankruptcy or insolvency laws by the District, as applicable, or the appointment of a
receiver for any of the assets of the District, as applicable, which is not remedied or cured
within 30 days of such filing or appointment;
(iv) The dissolution, insolvency, or liquidation of the District,
as applicable, and a failure to cure such dissolution, insolvency or liquidation within ten
days of receipt of written notice.
(c) Where the Town is authorized to draw on the Initial Gondola
Account or the Gondola Bond Account, as applicable, such draw shall be preceded by the
adoption of a Resolution of the Town Council stating (1) that the District is in default
under applicable provisions of Paragraph 4(b), and (ii) the funds are required in order to
complete work on the Gondola.
(d) Following compliance with the provisions of Paragraph 4(b)
above, and subject to compliance with the terms of accessing the Initial Gondola Account
or the Gondola Bond Account, the Town shall proceed with the construction or
completion of the Gondola to the extent that funds are available in either Account. The
Town may bring a mandatory injunction action against the District to require installation
and construction of the Gondola. If any such action is brought by the Town and the
Town prevails in its legal action, the Town shall be awarded its court costs, attorneys'
fees and an amount to compensate the Town for the time of its employees in the
preparation of and participation in such action.
5. No Obligation of Town to Complete Improvements. The District agrees
that in the event it shall fail to perform its obligations as set forth herein, the Town shall
be under no obligation to complete the Gondola (except as set forth in Paragraph 4(d), or
to issue permits for development within the project.
6. Non - Liability of Town; Indemnification. The Town shall not, nor shall
any officer, agent, or employee thereof, be liable or responsible for any accident, loss or
damage related to the construction of the Gondola, nor shall the Town, nor any officer,
agent or employee thereof, be liable for any persons or property injured by reason of the
nature of said construction. To the extent permitted by law, the District hereby agrees to
indemnify and hold harmless the Town, and any of its officers, agents and employees
against any losses, claims, damages or liabilities to which the Town or any of its officers,
agents or employees may become subject, because of any losses, claims, damages or
liabilities (or actions in respect thereof) that arise out of, or are based upon, any acts or
omissions in the performance of their respective obligations, as hereinbefore stated.
Furthermore, the District shall reimburse the Town for any and all legal or other expenses
reasonably incurred by the Town in connection with investigating or defending any such
loss or claim.
Gondola Guaranty Agreement Q wpa051506.doe 5
7. Amendments. This Agreement may be amended from time to time,
provided that such amendment is in writing and signed by all parties hereto.
8. Venue. Venue for any litigation arising out of this Agreement shall be in
the District Court for Eagle County, Colorado.
9. Notices. All notices, demands or other communications required or
permitted to be given hereunder shall be in writing and any and all such items shall be
deemed to have been duly delivered upon personal delivery; or as of the third business
day after mailing by United States mail, certified, return receipt requested, postage
prepaid, to the address set forth below; or as of 12:00 noon on the immediately following
business day after deposit with Federal Express or a similar overnight courier service, to
the address set forth below; or as of the third business hour (a business hour being one of
the hours from 8:00 a.m. to 5:00 p.m. on business days, local time of the recipient) after
transmitting by facsimile to the number set forth below and evidenced by an electronic
delivery receipt:
If to the District:
White Bear and Ankele Professional Corporation
1805 Shea Center Drive, Suite 100
Highlands Ranch, CO 80129
Attn: William P. Ankele, Jr., Esq.
District Counsel
Telephone: (303) 858 -1800
Facsimile: (303) 858 -1801
If to the Town:
with a copy to:
Wear, Travers & Perkins, P.C.
1000 South Frontage Road West
Suite 200
Vail, Colorado 81657
Attn: Richard D. Travers, Esq.
Telephone: (970) 476 -7646
Facsimile: (970) 476 -7118
Town of Avon
P.O. Box 975
Avon, CO 81620
Attn: John W. Dunn, Town Attorney
Telephone: (970) 748 -6400
Facsimile: (970) 748 -8881
Gondola Guaranty Agreement v2 wpa051506.doe 6
The parties hereto have executed this Agreement as of the date first above written.
TOWN OF AVON, a Colorado Municipal
Corporation
ATTEST:
By:
Patty McKenny, Town Clerk Ronald C. Wolfe, Mayor
John W. Dunn, Town Attorney
CONFLUENCE METROPOLITAN
DISTRICT
Eagle County, Colorado
By: —
Name:
Title:
Gondola Guaranty Agreement Q wpa051506.doc
DISTRICT FUNDING RESOLUTION
Gondola Guaranty Agreement Q wpa051506.doc
Ali! 17-
RESOLUTION
OF
CONFLUENCE METROPOLITAN DISTRICT
REGARDING APPROPRIATION OF FUNDS UNDER
GUARANTY AGREEMENT FOR RIVERFRONT EXPRESS GONDOLA
CONSTRUCTION
WHEREAS, the Confluence Metropolitan District (the "District ") is a quasi -
municipal corporation and political subdivision of the State of Colorado; and
WHEREAS, the District is authorized, pursuant to Section 32- 1- 1001(1)(d)(I),
C.R.S., to enter into contracts and agreements affecting the affairs of the District; and
WHEREAS, the District has entered in to a certain "Guaranty Agreement for
Riverfront Express Gondola Construction" dated as of , 2006 (the
"Guaranty Agreement ") with the Town of Avon, Colorado (the "Town ") regarding the
funding and /or construction of the Riverfront Express Gondola (the "Gondola ") as
contemplated by the "Amended and Restated Development Agreement for The
Confluence" (the "Development Agreement "); and
WHEREAS, the District is responsible for the completion of construction of the
Gondola;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CONFLUENCE METROPOLITAN DISTRICT AS FOLLOWS:
1. The Board of Directors hereby finds, determines and declares that it is in
the best interests of the District to execute and deliver to the Town the Guaranty
Agreement, and the appropriate officers and directors of the District are hereby
authorized to execute and deliver the Guaranty Agreement to the Town.
2. The Board of Directors hereby appropriates and reserves to the Town
pursuant to the Guaranty Agreement in the amount of $ .2,S �* 0 to guarantee
construction of the Gondola, such amount to be subject to replacement by the proceeds of
bonds to be issued by the District and certified to the Town as provided in the Guaranty
Agreement, and as further set forth in Paragraph 3 below (the "Gondola Funds ").
3. At such time as the District issues Bonds to replace the remaining balance
in the Interim Gondola Account (as that term is defined in the Guaranty Agreement), the
Board of Directors shall appropriate and reserve to the Town pursuant to the Guaranty
Agreement, and subject to the terms of the Indenture of Trust between the District and its
Indenture Trustee (the "Indenture Trustee "), relating to the issuance of the District's Tax
Supported Variable Rate Revenue Bonds (the "Bonds "), proceeds of the Bonds in the
amount of the deposit required to replace monies then on deposit in the Interim Gondola
Account to guarantee construction of the Gondola (the Gondola Bond Account).
4. The Board of Directors hereby certifies to the Town Council that the
Interim Gondola Funds are unencumbered and free from claims from third parties, so that
any requests by the Town for payment under the Guaranty Agreement may be promptly
honored in accordance with the terms of the Guaranty Agreement. The Board of
Directors further certifies that the Interim Gondola Account is a separate account and
reserved for the uses specified in the Guaranty Agreement, and shall be held in
compliance with the requirements of Section 29- 1- 803(1), C.R.S., for the purposes of
providing for the completion the Gondola.
3. To the extent that Bond Funds are used to replace the Interim Funds, the
Board of Directors hereby certifies to the Town Council that the Bond Funds are being
held by the Indenture Trustee pursuant to the Indenture of Trust, and are otherwise
unencumbered and free from claims from third parties, so that any requests by the Town
for payment under the Guaranty Agreement may be promptly honored if presented to the
Indenture Trustee as provided in the Indenture of Trust. The Board of Directors further
certifies that Construction Fund in which the Bond Funds are held under the Indenture of
Trust, is a separate account (the "Gondola Bond Account ") and reserved for the uses
specified in the Guaranty Agreement, and shall be held in compliance with the
requirements of Section 29- 1- 803(1), C.R.S., for the purposes of providing for the
completion the Gondola.
4. This Resolution shall be renewed at the beginning of each subsequent
calendar year until all the Gondola have received final acceptance or until the District
provides substitute collateral acceptable to the Town.
APPROVED AND ADOPTED THIS 1• III
CONFLUENCE METROPOLITAN DISTRICT
By:
President
By:
Secretary
ATTEST
A o in zffevr
BETWEEN
DOPPELMAYR/CTEC, INC.
EAST WEST RESORT DEVELOPMENT XIV L.P., L.L.L.P
RIVERFRONT EXPRESS GONDOLA
PARAGRAPH PAGE
RECITALS................................................................................ ..............................1
AGREEMENT........................................................................... ..............................1
CONTRACTDOCUMENTS ................................................... ............................... I
SCOPEOF AGREEMENT ....................................................... ..............................2
EQUIPMENT TO BE PURCHASED AND DELIVERED ...... ..............................3
LIFT PRICES AND PAYMENT ............................................... ..............................4
RISKOF LOSS .......................................................................... ..............................5
OWNERSHIP........................................................................... ............................... 5
MARKING............................................................................... ............................... 5
TAXES................ . ......... ........:.................. ............................... . . ............................... 5
DELIVERY OF COMPONENTS ........................................... ............................... 6
PREPARATION AND RESTORATION OF JOB SITE .......... ..............................6
PROJECT REPRESENTATIVES ............................................. ..............................6
INSTALLATION OF LIFT ....................................................... ..............................6
CHANGES................................................................................ ..............................6
COMPLETION AND ACCEPTANCE ..................................... ..............................7
LIQUIDATEDDAMAGES ..................................................... ............................... 7
WARRANTY; BREACH OF W ARRANTY ............................ ..............................8
REMEDIES CUMULATIVE ..................................................... .............................10
FORCEMAJEURE .................................................................... .............................10
INFORMATION DISCLOSURE ............................................ ............................... 10
1
APPROVAL OF CONTRACTORS AND EMPLOYEES; MECHANIC'S
LIENS.................................................. .............................11
COMPLIANCE WITH LAWS; SAFETY PROGRAM ............. .............................11
ROADS AND ACCESS WAYS ................................................ .............................12
COORDINATION AT JOB SITE .............................................. .............................12
CLEANUP.................................................................................. .............................12
RULES AND REGULATIONS ................................................. .............................12
INSURANCE AND BONDS ..................................................... .............................12
INDEMNITY.............................................................................. .............................14
DEFAULT AND REMEDIES ................................................... .............................14
WAIVER OF DEFAULT ........................................................... .............................15
DELEGATION / ASSIGNMENT ................................................ .............................15
SUCCESSORS AND ASSIGNS ................................................ .............................15
NOTICES................................................................................... .............................15
NONDISCRIMINATION .......................................................... .............................16
MISCELLANEOUS ........................................... .............................16
ENTIRE AGREEMENT .......................................................... ............................... 18
EXHIBIT A TECHNICAL SPECIFICATIONS FOR LIFT DESIGN,
ENGINEERING, MECHANICAL AND STRUCTURAL
EQUIPMENT, REVISION 2005 Dated 12/15/2005
(AND ALL ADDENDA THERETO)
EXHIBIT B TECHNICAL SPECIFICATIONS FOR ELECTRICAL SYSTEMS,
DRIVES AND LOW VOLTAGE CONTROLS,
REVISION 2005 Dated 12/15/2005 (AND ALL ADDENDA THERETO)
EXHIBIT C DOPPELMAYR/CTEC BID PACKAGE
11
EXHIBIT D CHANGE ORDER FORM
EXHIBIT E LIEN WAIVER FORMS
EXHIBIT F MILESTONE DATES
EXHIBIT G DOPPELMAYRICTEC SAFETY MANUAL
iii
PURCHASE AND INSTALLATION AGREEMENT
THIS PURCHASE AND INSTALLATION AGREEMENT (the "Agreement"), made
effective this 9.� �A day of Ma,,r�� .... . -V 2006, by and between DOPPELMAYR/CTEC, INC., a
Utah corporation ( "Seller "), whose Federal Identification Number is 41- 2030626 and EAST WEST
RESORT DEVELOPMENT XIV L.P., L.L.L.P, a Delaware limited partnership registered as a
limited liability limited partnership ( "Buyer "), whose Federal Identification Number is
RECITALS
A. Buyer is the developer of a project known as "Riverfront Express Gondola" (the
"Premises").
B. Buyer desires to install a new eight (8) passenger high- speed, detachable gondola
(the "Lift ").
C. Seller desires to sell, deliver and install the Lift to Buyer and Buyer desires to
purchase the same from Seller, as defined in the equipment described below and pursuant to the
terms and conditions contained herein.
AGREEMENT
In consideration of the terms, covenants, conditions and purchase price set forth herein, the
parties hereto agree as follows:
1. CONTRACT DOCUMENTS. The "Contract Documents" shall consist of this
Agreement, Bid Documents, Addendum, and the following documents, all of which are attached to
and the teens, covenants and conditions of which are specifically incorporated into and made a part
of this Agreement except to the extent that the terns of such exhibits may be inconsistent with the
terms contained in the body of this Agreement in which case the terms of the Agreement shall
control:
Exhibit A Technical Specifications for Lift
Design, Engineering, Mechanical
and Structural Equipment,
Revision 2005 Dated 12/15/05 (and all addenda
thereto).
Exhibit B Technical Specifications for
Electrical Systems, Drives and Low
Voltage Controls, Revision 2005 Dated 12/15/05
(and all addenda thereto).
Exhibit C Doppelmayr/CTEC Bid Package
Exhibit D Change Order Form
Exhibit E Lien Waiver Form
Exhibit F Milestone Dates
Exhibit G Doppelmayr/CTEC Safety Manual
All modifications to this Agreement, or other of the Contract Documents, executed by both parties
following execution of this Agreement shall automatically become a part of the Agreement upon
execution. The intent of the Contract Documents is to include all items necessary for the proper
completion of the work described herein.
2. SCOPE OF AGREEMENT.
(a) Seller agrees to furnish Buyer with the following in connection with this
Agreement:
(i) Lift design and engineering, as more specifically described herein and in
the Contract Documents;
(ii) Mechanical and structural equipment, including electrical systems, drives
and low voltage controls, as more specifically described herein and in the Contract Documents;
and
(iii) Erection and installation of the Lift (as defined in Paragraph 3 below);
(iv) Other lift related materials and services (as described in Exhibit C).
(v) The Construction Engineer as defined in the Colorado Passenger
Tramway Safety Board Rules and Regulations, shall be considered an additional representative of
the Buyer. As such, Seller shall provide any additional information on the Lift to the Construction
Engineer (on a timely basis as developed), that he or she may request. Upon review of either the
original Lift specifications or such additional information, the Construction Engineer may add any
reasonable measurement(s) or test(s) that he or she deems necessary.
(vi) Seller shall consult with Buyer's designated representative concerning
installation of the new Lift before any earth disturbance, tree removal, or wetlands issues are
initiated,
(b) Buyer shall be responsible for the following, at its sole cost and expense, in
connection with this Agreement:
M
(i) Preparation and restoration of the i ob site as described in Paragraph 10
hereof-, Construction Engineering, as defined in the Colorado Passenger Tramway Safety Board
rules and regulations, in connection with the installation of the Lift; and
(c) Buyer is entering into this Agreement with reliance on Seller's
professional skill and judgment in designing, manufacturing and installing the Lift.
(d) Milestone Dates. The parties mutually agree to accept the Milestone Dates set
forth oil Exhibit F, attached hereto and incorporated herein by taus reference. Seller agrees to
provide to Buyer a proposal for the remaining milestone dates prior to April 15, 2006. Buyer and
Seller shall use best efforts to agree upon a complete and final list of milestone dates by May 1,
2006, wl-dch list shall then amend and replace Exhibit F. In the event either party believes it will be
unable to meet any of the Milestone Dates, such party shall be obligated to comply with the
following procedure:
(i) Delays Beyond the Control of Seller. If the delays are caused by
circumstances beyond the control of Seller, as defined in Paragraph 18, to specifically include those
delays wholly within the control of Buyer's obligations hereunder and including Buyer's Milestone
Dates, Seller shall inunediately notify Buyer that a delay has occurred and provide within five (5)
working days, a cost proposal for measures to mitigate the delays and Buyer shall either:
(a) reject such proposal and equitably adjust the Milestone Dates to
incorporate the delays; or
(b) accept such proposal and issue a Change Order which directs
Seller to implement the measures for the agreed costs.
(ii) Delays Within the Control of Seller. If the anticipated or actual failure to
meet any Milestone Dates is caused by circumstances within the control and/or those which would
be within the control and responsibility of a reasonably prudent Seller, Seller shall notify Buyer of
the measures it proposes (without additional cost to Buyer or increase in the Lift Price) to regain the
lost time and correct and update any subsequent Milestone Dates as often as necessary until the Lift
installation is back on schedule.
3. EQUIPMENT TO BE PURCHASED AND DELIVERED.
(a) Seller agrees to deliver to Buyer, at Buyer's cost and expense one (1) 1-dgh-speed
detachable gondola, as described in Exhibit C ("the Lift"). Such Lift shall conform to the Technical
Specifications attached hereto as Exhibits A and B and shall be delivered and installed for
completion in accordance with Section 14 hereof, no later than September 30, 2007, provided that
such completion date shall be dependent on Buyers completion of its respective obligations set
forth in the Milestone Dates.
(b) Seller acknowledges that Buyer intends to use the Lift as important and
extensively used passenger tramways to transport members of the general public between the
Riverfi-ont site in Avon and the Beaver Creek Resort.
4. LIFT PRICES AND PAYMENT; SPECIAL PAYMENT SCHEDULE COSTS AND
PAYMENT, RETAINAGE AND FINAL PAYMENT.
(a) Lift Price and Payment. Buyer shall pay to Seller Five-million, Two-hundred
and fifty-eight thousand, Nine-hundred and sixty Dollars (USD $5,258,960) for the Lift, which sum
includes all costs and fees associated with the design, manufacture, delivery, installation and
engineering of the Lift and other lift -related materials and services as described in Exhibit C. These
sums are referred to herein as the "Lift Price." Payment of the Lift Price shall be made by Buyer to
Seller within thirty (30) days of receipt of a proper invoice sent to Buyer from Seller in accordance
with the following schedule:
(i) A deposit of 25% of the total Lift Price, 10% of which shall be paid upon
receipt of an invoice from Seller, and 15% of which shall be paid on May 15, 2006.
(ii) 10% of the Lift Price upon completion of the lower terminal foundations
for the Lift, if completed;
(iii) 10% of the Lift Price upon completion of the upper terminal foundations
for the Lift, if completed;
(iv) 10% of Lift Price upon completion of tower foundations for the Lift, if
completed;
(v) 10% of the Lift Price, upon completion of tower erection for the Lift, if
completed;
(vi) 10% of the Lift Price, plus all change orders to date, upon completion of
the lower terminal machinery erection for the Lift, if completed;
(vii) 10% of the Lift Price, plus all change orders to date, upon completion of
the upper terminal inachiriery erection for the Lift, if completed;
(viii) 10% of the Lift Price upon conipletion of final assembly of the Lift,
with exception of the IoNver control booth (lift house), if completed;
(ix) 5% of the Lift Price, on that date which all installation obligations have
been satisfied for the Lift (as described in the Contract Documents), including a load test of the Lift,
and the necessary operations permit from the Colorado Passenger Tramway Safety Board has been
obtained.
(b) Retainag in s 01 ri i .1i
, _,e and Filial PU ent. In anticipation of the as ig u ei t of this
Agreement to the Confluence District, and in compliance with the provisions of Section 24-91-103,
C.R. S., retainage in the amount of 10% of each progress payment shall be withheld by Buyer until
0
such time as 50% of the Work has been completed; thereafter, provided that Buyer is satisfied with
the progress of the Work, no further retainage shall be witl-dield. If the Seller desires a release of the
retainage, the Seller can request that the retainage be released early if the Seller
deposits acceptable securities with an escrow agent with a value at least equal to the amount
of retainage being released as specified in Article 91 of Title 24 of the Colorado Revised Statutes.
Final payment on the Project shall be made in accordance with the provisions of Section 38-26-107,
C.R.S., relating to the publishing of notice of final settlement on construction contracts, and the
procedures for filing of verified statements of claim by subcontractors relating, thereto. Seller shall
indemnify and hold harmless Buyer from any cost or expense, including reasonable attorney fees,
incurred by Buyer in responding to a verified statement of claim submitted in connection with the
Project, or to a lis pendens or court action filed in connection with such claim for payment.
(c) Interest on Late Payments. Any invoice not paid within thirty (3 )0) days
of receipt will amine interest at the rate of twelve percent (12%) A.P.R. beginning on the thirty -first
day until the invoice is paid.
(d) Cancelation or Extended Delay by Buffer. Buyer shall have the right to
terminate this contract and order a cessation of work at any time prior to completion of Lift
construction. Seller shall cease work immediately upon receipt of a written request for termination
from Buyer. In the event of termination by Buyer, Buyer shall be responsible for payment to Seller
the cost of all work completed or conu-nitted to at the time Seller receives termination notice. In the
event Buyer causes a delay in work in excess of sixty (60) days, Seller may request payment for the
cost of all work completed or committed to at the time the work delay began and Buyer shall be
responsible for such payment to Seller within 30 days, subject to the retainage requirements Section
38-26-107, C.R.S., if applicable.
5. RISK OF LOSS. Seller shall bear the risk of any loss or damage to, or the deterioration
of, the Lift fi-orn the time the Lift leaves Seller's premises until the Lift's License Date (defined
below). Buyer will bear the cost of any damage that is not caused by the Seller between the time
the installation is complete and the operating permit is granted by the Colorado Passenger Tramway
Safety Board.
6. OWNERSHIP. Ownership to the Lift shall pass to Buyer on the License Date (defined
below) for the Lift, provided, however, that Buyer has paid Seller at least ninety percent (90%) of
the Lift Price as described in Paragraph 4 above, and provided further, that Buyer has notified Seller
of any particular objections, under the Contract Documents, to payment of the unpaid balance of the
Lift Price, provided further that Buyer acknowledges that Seller may use the Lift as security for the
remaining balance of 10% of the Lift Price.
7. MARKING. Buyer shall not remove or obliterate any metal plates or similar
identification devices which may be attached to the Lift setting forth the name and address of Seller,
any trade name or trademark of Seller or any references to patents or patent applications applicable
to the Lift. Buyer shall have the right to approve the location and size of any such plates and/or
devices upon the Lift. This Paragraph shall survive the passage of title to Buyer.
8. TAXES. To the extent permitted by law, Buyer will seek exemption from payment of
state sales tax due to the Seller. If an exemption is not granted, Buyer agrees to pay any sales,
5
excise, use or other similar tax when due in connection with the purchase and installation of the
Lift. Buyer shall not pay taxes on the field labor and other services rendered by Seller hereunder if
such services are not subject to sales tax under Colorado law under a tax-board ruling. Seller's
invoices to Buyer shall describe the amounts of such charges in detail adequate to allow Buyer to
verify the appropriate taxable amounts. Seller shall pay all import duties, customs charges or other
taxes associated with foreign manufacture. Seller shall cooperate with Buyer in connection with the
expected assigmnent of the Contract Documents to the Confluence District (as permitted in
Paragraph 30 hereof), and the assumption by the Confluence District of all of Buyer's rights, duties
and obligations hereunder, to obtain any relief from the payment of any sales, excise, use or other
similar tax to which the Confluence District may be entitled by virtue of its status as a political
subdivision of the State of Colorado.
9. DELIVERY OF COMPONENTS. All component parts of the Lift, whether
manufactured in the United States or any other country, shall be delivered or caused to be delivered
by Seller to the Job Site (defined below) so as to meet the scheduled License Date (defined below).
10. PREPARATION AND RESTORATION OF JOB SITE. Buyer shall, at its own cost
and expense, clear, grade and re-vegetate the lift line areas upon which the Lift is to be installed (the
"Job Site"). Upon completion of such clearing and grading, Seller shall inspect the Job Site and
p g Z:>
provide Buyer with profile drawings indicating any additional clearing and grading which must be
performed to ensure proper operation of the Lift. Upon receipt of such profile drawings, Buyer
shall perform the additional clearing and grading in substantial compliance with the profile
drawings. Upon completion of the grading and clearing, Seller shall construct all fouridation
excavation, bases, footings and/or other structures and shall proceed with the installation of the Lift
in accordance with the Contract Documents.
11. PROJECT REPRESENTATIVES.
(a) Seller shall notify buyer of the representative it proposes to designate for
coordination and oversight of the Lift installation on or before March 31 , 2006. Buyer shall have
five (5) business days to verbally accept or reject such designated representative. If Buyer accepts
such representative, such individual shall be so designated as "Seller's Representative." If Buyer
does not accept such initially proposed representative, Seller shall inunediately, and successively,
propose other individuals until Buyer accepts one of them, provided that this process is completed
no later than April 30, 2006.
(b) Vail Associates, Inc. ("VAI") is Buyer's representative for purposes of the
Work, and for purposes of coordinating ancillary activities necessary or incident to the performance
zn
of the Work (such as site preparation, utility relocation, installation of new utilities, and similar
matters). VAI shall notify Seller of the individual(s) it proposes to administer VAT's functions as
Buyer's representative.
12. INSTALLATION OF THE LIFT. All work to be performed by Seller with regard to
the installation, of the Lift under this Agreement shall be referred to as the "Work." The Work shall
be performed in accordance with the Contract Documents, subject nonetheless to the provisions of
Paragraph 12 hereof. Seller shall supply all labor and supervision, supplies, materials, tools,
R
machinery and services necessary to perform the Work required by the Contract Documents for the
installation of the Lift. Buyer shall have the right to inspect the Lift and the Lift installation at any
time and shall specifically inspect the Work at the occurrence of the following: excavation,
installation of the reinforcing steel, completion of the fmished concrete, final assembly and load
test. If any of the Work shall be determined by Buyer to be deficient, Buyer shall notify Seller of
such deficiency and Seller shall immediately rectify such deficiency to conform to the Contract
Documents at Seller's sole cost and expense. All Work shall be performed in a workmanlike inanner
in accordance with all of the terms, covenants and conditions set forth in the Contract Documents.
13. CHANGES.
(a) Seller shall immediately notify Buyer of any material changes which occur prior
to the completion of the installation of the Lift, including without limitation, any matters which
affect the Lift Price, the component delivery schedule or the completion dates hereunder. A_ny such
notice shall be given to Buyer in writing in accordance with Paragraph 32 hereof.
(b) If changes are required in the Contract Documents, such changes shall be
proposed to Buyer on a Change Order in the form attached hereto as Exhibit D. Buyer reserves the
right to propose changes to Seller via Change Order as well. Seller shall have ten (10) days from
the date on which the need for a Change Order is evidenced to inform Buyer of the proposed
change. Any Change Order must be signed by authorized representatives of both parties to be
effective. If such changes affect the Lift Price, such price shall be adjusted by good faith
negotiation on the basis of the Lift Price originally established. If such changes affect the date
scheduled for the Lift's License Date (defined herein), the dates shall be adjusted to the date or dates
agreed upon by both parties.
14. COMPLETION AND ACCEPTANCE. Seller agrees to cause the License Date for the
Lift to occur on or before September 30, 2007. When Seller has completed installation of the Lift,
Seller shall notify Buyer in writing that such lift is ready for inspection. Upon receipt of such
notice, Buyer shall promptly cause the inspection of the Lift as installed. For the purpose of this
Agreement, the term "License Date" shall mean the date on which the Lift has been installed in
accordance with the Contract Documents, has been load tested, all defects noted by the Colorado
Passenger Tramway Safety Board (that are the responsibility of Seller) have been corrected and
such Board has granted Buyer a license to operate the Lift for the purpose intended. If Buyer
determines that the Lift has not been installed in accordance with the Contract Documents, and/or
the load test requirements have not been met, and/or all the defects noted by the Colorado Passenger
Safety Tramway Board (that are the responsibility of Seller) have not been corrected, and/or the
public license is not granted, Seller shall be subject to the provisions of Paragraph 15 herein, shall
iinmediately rectify all deficiencies at its sole cost and shall notify Buyer when such deficiencies
have been rectified.
15. LIQUIDATED DAMAGES. For purposes of when liquidated damages will become
due and payable, Seller agrees that if the Lift is not installed and "ready to operate" by September
30, 2007, and other than date otherwise in accordance with the terms of Section 14 above, Seller
will pay Buyer liquidated -damages as set forth below as Buyer will suffer damages in an amount
which will be difficult to determine and it shall be infeasible for Buyer to otherwise obtain an
7
adequate remedy. The liquidated damages shall be paid unless the delay is caused by a material
default of Buyer under any of the terms of this Agreement or unless the delay is and to the extent
permitted as ajustifiable delay under Paragraph 18 hereof, Seller acknowledges that the liquidated
damages set forth below are reasonable and were determined through negotiations between the
pal-ties in which both were represented by counsel. In light of the anticipated harm caused by such
breach, Seller agrees as follows:
(a) If the License Date for the Lift does not occur on or before the appropriate date
set forth in this Section, Seller shall pay Buyer liquidated damages in an amount as specified
below. For each day following such date which the License Date does not occur for the Lift, Seller
shall pay Buyer additional liquidated damages in the amount as specified below for each day until
the License Date for such Lift occurs.
Narne of Lift
Date on Which Liquidated
Amount of liquidated
Amount of liquidated
Damages are Due and
damages if Completion and
dainages each day
Payable
License Date not niet by
thereafter
Se teniber 30, 2007
Riverfront Express
September 30, 2007
$25,000
$2,500 per day
Gondola, Avon, Colorado
I
I
I I
(b) Notwithstanding the foregoing, if Buyer, after March 25, 2007, causes the
Milestone Dates to be delayed in excess of a cumulative of fifteen (15) days, the scheduled License
Date for such Lift shall be extended by the number of additional days which Buyers delay caused.
Such change in the scheduled License Date shall be documented by a Change Order in accordance
with Paragraph 13 hereof. Seller shall give Buyer prompt written notice of any delays claimed
under this provision and such delays shall be addressed as set forth in Paragraph 2(d) hereof. If
Seller does not so notify Buyer, any scheduled date(s) shall not be extended.
16. WARRANTY, BREACH OF WARRANTY For purposes of this Section 16 the term
"Lift" shall be deemed to apply to the Riverflont Express Gondola independently and all periods of
time or hours of operation shall apply to such Lift.
(a) Materials Warranty. Seller warrants that, when used and maintained
substantially in accordance with Seller's instructions, from the License Date for the Lift and for five
(5) years thereafter (the "Materials Warranty Period"), the Lift materials and parts and related
workmanship shall be: (i) free from defects, (ii) merchantable and fit for the purpose for which such
are intended, and (iii) not require repair or replacement. This warranty shall not apply to those parts
which are annually replaced during Buyer's typical Lift maintenance program, which program Seller
shall have the opportunity to review upon written request delivered to Buyer prior to the License
Date, or those parts requiring replacement due to abuse or lack of maintenance by Buyer (the
"Excluded Parts"). Should VAI cease to be Buyer's Lift maintenance and operations contractor, the
Material Warranty Period will default to a period of two calendar (2) years of operation from the
License Date for the Lift.
(b) Design Warranty. Seller warrants that, when used and maintained
substantially in accordance with Seller's instructions, for a period of fifteen (15) years or 15,000
hours of operation as appropriate from the License Date for the Lift (the "Design Warranty Period"),
N.
the Lift design and workmanship, including without limitation, the installation and manufacture of
the Lift, shall be: (i) fi-ee from defects, (ii) merchantable and fit for the purpose for which such are
intended, and (iii) not require repair or replacement. The items set forth on Exhibit F, if any, are the
only exceptions to this warranty. Should VAI cease to be Buyer's Lift maintenance and operations
contractor, the Material Warranty Period will default to a period of two calendar (2) years of
operation from the License Date for the Lift.
(c) For the purposes of this warranty, a defect in design, manufacture,
installation and/or workmanship shall be deemed to exist (A) if agreed upon by Buyer and Seller or
(B) if so stated by an independent qualified third party who shall be appointed by Buyer and Seller
(or, in the event Buyer and Seller cannot agree on the appointment of such a third party, settled by
arbitration in Deliver, Colorado in accordance with the then governing rules of the Judicial Arbiter
Group of Deliver, Colorado or its successor organization). Notwithstanding the above, Buyer and
Seller agree that such a defect is anticipated to include, without limitation: (Y) a latent or patent
design error, miscalculation, misapplication or misjudgment; or (Z) a defect of the Lift or Lift-
related materials or parts desigried by Seller, or its affiliates, which causes a relatively simultaneous
failure of a substantial portion of similar parts, such as structural failures, fatigue failures, cracks or
the like, but excluding normal wear and tear to sheave liners, bushings or the like.
(d) Copiplicence Warrant . Seller warrants that, for the life of Buyer's ownership
of the Lift or the ownership of any person or entity acquiring all or substantially all of the assets of
Buyer (the "Compliance Warranty Period"), the Lift shall operate in accordance with the Contract
Documents and all other written representations made by Seller to Buyer in connection therewith,
and be continually in compliance with the Contract Documents and all Colorado Passenger
Tramway Safety Board rules and regulations in effect at the License Date.
(e) Breach of Warranties. Seller agrees to promptly remedy any breach of
warranty, including, without limitation:
(i) during the Materials Warranty Period, at no cost to Buyer, promptly
repairing or replacing any Lift materials or parts, except Excluded Parts, and performing all related
workmanship and labor;
(ii) during the Design Warranty Period, promptly redesigning, reworking,
reinstalling or remanufactuing, any defect in Lift design, worknianstlip, installation or manufacture.
During the Materials Warranty Period Seller shall bear all expenses related to the remedy.
Following expiration of the Materials Warranty Period but during the Design Warranty Period,
Buyer will be responsible for a share of parts, materials, manufacture and labor costs associated
with remedying a defect in Lift parts, materials, design, workmanship, installation or manufacture
(the "Corrective Costs") according to the following formula:
M
(No. of hours or years
of Lift operation prior
to identification of
defect
15,000 hours or 15 years
as appropriate.)
0
Amount of
Corrective corrective Costs
X Costs paid by Buyer
Seller shall have the option of choosing whether such calculation shall be based on operating hours
or years. Seller shall be responsible for the balance of Corrective Costs and all costs associated
with redesigning, reworking, reinstalling or remanufacturing any defect and for all costs of
redesign. For example, if, in the tenth year or after 10,000 operating hours following the License
Date, a part fails due to a defect in design, Buyer shall pay 66.7% of Corrective Costs and Seller
shall pay 33.3% of Corrective Costs; and
(iii) during the Compliance Warranty Period, at no cost to Buyer,
Z.".)
promptly correcting or otherwise remedying any non-compliance with the Contract Documents and
Colorado regulations assenger Tramway Safety Board rules and in effect on the License Date.
C� 0
(f) Failure to Cure. In the event Seller fails or refuses to so redesign, replace
and/or repair any defect in the Lift, Buyer may do so and Seller shall reimburse Buyer for the full
cost of such redesign, replacement and/or repair. If Buyer encounters any problem with the Lift,
Seller will consult with Buyer and use its best efforts to assist Buyer in resolving such problem.
(g) Buyer's Representations. The above warranties of Seller are made in reliance
on Buyer's representation that the Job Site will be properly prepared in substantial compliance with
Seller's profile drawings and Paragraph 10 hereof. It is understood and agreed that all warranties of
Seller herein provided shall be null and void if Buyer materially changes or moves the location of
Cp
the installation without Seller's knowledge and acceptance.
(h) No Other Warranties. Except as provided for in tIds Paragraph 16 and
elsewhere in the Contract Documents, Seller gives no other express or implied warranty.
(i) Contrary Law. Seller warrants the Lift as described in this Agreement
notwithstanding any law, judgment, order, rule or regulation to the contrary whatsoever. Seller
specifically waives any statute of limitation or other defense which may limit remedies under these
warranties in any way, with respect to the warranties set forth in Paragraph 16.
17. REMEDIES CUMULATIVE. All the rights and remedies of Buyer under this
Agreement are intended to be distinct, separate and cumulative.
18. FORCE.MAJEURE.
(a) Time is of the essence with respect to the parties' respective obligations under
this Agreement. However, neither of the parties hereto shall be liable for any liquidated, direct,
indirect, or consequential damages due to delays or inability to perform caused by factors beyond its
control, including acts of God, flood, war, riot, fire, explosion, wildcat labor strikes, transoceanic
shipping casualty or acts of Goveininent, with the specific exceptions, however, that weather on the
Premises, regulations concerning the Job Site (whether related to noise, construction, labor disputes
(other than wildcat labor strikes) and/or a delay in the delivery of the Lift or any part thereof to
Seller shall not be considered justification for delay.
(b) If, by reason of the occurrence of one or more of the events described above for
which delay is justifiable, airfreight of some portions of the Lift is necessary to complete the project
t) -
10
on time, then Buyer and Seller agree to negotiate the splitting of the additional airfreight cost. If
airfreight would not enable Seller to complete the project on time or if no agreement regarding
splitting of additional airfreight cost can be reached, Seller shall receive a reasonable extension of
time to complete the project.
(c) Subject to Buyer's rights under Section 13 herein, the parties hereto acknowledge
that orders for parts cannot be canceled or changed or deliveries deferred, and, if Buyer refuses to
accept delivery of items reasonably ordered, Seller shall be entitled to charge reasonable storage,
interest, loading and unloading expenses, extra freight if applicable, and all other reasonable, direct
and actual costs caused by delay in delivery.
19, INFORMATION DISCLOSURE
(a) Information considered by either party to be proprietary information, shall be
held in confidence by the other party for a period of eight (8) years from the License Date, unless
such period is extended by notice in writing to the other party prior to the expiration of the then-
current period of confidentiality. This confidentiality collunitment shall not apply to any
information:
(i) known by the recipient of the information at the time of disclosure;
(ii) generally available to the public;
(iii) lawfully disclosed to the recipient of the information by a third party
subsequent to disclosure;
(iv) approved in writing by the disclosing party for disclosure by the
recipient of the information; or
(v) required by law to be disclosed by the recipient of the information. No
information relevant to the operation of the Lift shall be witl-Aield from Buyer. At such time as this
Agreement is assigned to the Confluence Metropolitan District as permitted under Paragraph 30
hereof, Seller acknowledges and agrees that the terns of this Agreement and any other information
provided by Seller to Buyer, may be subject to disclosure in accordance with and subject to any
applicable limitations of the Colorado Open Records Act, Section 24-72-201,C.R.S.
(b) Seller shall use its best efforts to notify Buyer in writing of any information that
Seller may have concerning the Lift which may have a material affect on the safety, maintenance or
servicing of the Lift which comes to the attention of Seller by virtue of any known safety defects in
similar lifts or any material changes in Seller's policy and procedures with respect to the service and
maintenance of the Lift. The provisions of this subsection shall survive the end of this Agreement
so long as the Lift is being utilized in its present location without substantial modification uriless
such Lift modification is done by Seller or with Seller's consent.
20. APPROVAL OF CONTRACTORS AND EMPLOYEES, MECHANIC'S LIENS.
11
(a) Buyer shall have the right to approve of or disapprove of any of Seller's
contractors, subcontractors or employees engaged by Seller in connection with the Work, which
approval may be witl-dield in Buyer's sole discretion. Seller shall provide Buyer, prior to the
engagement of any contractor, subcontractor or employee, with a list of the contractors,
subcontractors and employees of Buyer that Seller intends to engage. Buyer shall, within seven (7)
Z-D
days of receipt of such list, notify Seller of any contractor, subcontractor or employee which Buyer
disapproves. If Seller has not received such notice from Buyer within such seven (7) day period,
the list of contractors, subcontractors and employees submitted by Seller shall be deemed approved
by Buyer and Buyer shall have waived its right of disapproval under this Paragraph 20.
(b) Notwithstanding the foregoing, Seller agrees it is responsible to Buyer for the
acts or omissions of Seller's subcontractors, their respective employees and agents, during the
course of their respective subcontract agreement. Nothing contained herein shall create any
obligation on the part of Buyer to pay any sums to any of Seller's subcontractors. Seller agrees it
Nvill pay and discharge in the ordinary course all amounts due to its subcontractor(s) in connection
with the Work; Seller shall promptly discharge or "bond over," in its discretion, any mechanics lien
or the like filed by its subcontractor(s) and Buyer may withhold the amount of any such claim from
the next payment(s) due Seller until satisfactory evidence that such lien claim has been finally
resolved or bonded over.
21. COMPLIANCE WITH LAWS, • SAFETY PROGRAM.
(a) Seller agrees to comply with all applicable laws, ordinances, rules and
regulations whether federal, state, local or otherwise affecting the Lift, the installation thereof or the
Job Site (including, without limitation, the most current rules of the Colorado Passenger Tramway
Safety Board and applicable local laws, rules and/or regulations including, but not limited to the
Town of Avon.
(b) Seller shall be responsible for its own safety program which shall comply with
all applicable Federal, State and local laws and regulations, including but not limited to the
Occupational Health and Safety Act ("OSHA") and shall provide Buyer and VAT with a copy of
Seller's safety manual, attached hereto as Exhibit G and incorporated herein by this reference. If
Buyer and/or VAT find deficiencies in said safety manual which include but are not limited to non-
compliance with OSHA, Buyer and/or VAT shall notify Seller and Seller shall correct such
deficiencies. Further, Seller warrants that in performing the Work, Seller, its agents and
subcontractors shall maintain compliance with applicable OSHA regulations. During performance
of the Work, if Buyer and/or VAT detennines Seller is not adhering to its safety manual or is in non-
compliance with OSHA, Buyer and/or VAT shall notify Seller and Seller shall correct the lion-
compliance. Any non - compliance which is not corrected shall be deemed to be a breach of this
Agreement and handled as contemplated herein.
22. ROADS AND ACCESS WAYS. Buyer will provide seller free and unrestricted access
to the Job Site.
23. COORDINATION AT JOB SITE. By executing this Agreement, Seller represents it has
visited the Job Site, familiarized itself with the local conditions under which the Work is to be
12
performed and correlated its observations with the requirements of the Contract Documents. Seller
and Buyer understand that there may be other contractors working on and in close proximity to the
Job Site. Seller and Buyer shall use their best effort to coordinate the installation of the Lift with
the work of other contractors in order to minimize work delays and inefficiencies and further agree
that Seller may not be entitled to additional compensation or extensions of time from Buyer on
account of the actions of other contractors working at or around the Job Site.
24, CLEANUP.
(a) Seller at all times shall keep the areas in and around the Job Site free from
accumulation of waste materials or rubbish caused by its operations. At the completion of the
installation, Seller shall remove all waste materials and rubbish from and about the Job Si well
Site as w
as all its tools, equipment, machinery and surplus materials.
(b) Buyer shall provide a sediment control pond for the excavation of the Lower
Terminal Foundation. Seller will be responsible for transporting sediment to the pond and also
responsible for any additional localized sediment control required for any other excavation.
(c) If Seller fails to clean up its construction materials and rubbish at the completion
of the installation of the Lift, Buyer may do so and the cost thereof shall be deducted from any
amounts due Seller or if the cost of the cleanup exceeds the amount due Seller, the cleanup costs
shall be charged to Seller and Seller agrees to promptly reimburse Buyer for such cleanup costs.
25. RULES AND REGULATIONS. All rules and regulations in effect with regard to
access to the Premises regarding passes, lists of employees, safety and conduct on the property shall
be strictly observed by Seller, its agents, contractors, subcontractors, materialmen, suppliers and
employees, provided such rules and regulations are provided to Seller in writing prior to the start of
construction.
26. INSURANCE AND BONDS.
(a) Seller's Insurance. At all times during the manufacture, delivery and installation
of the Lift and throughout the Materials Warranty Period and the Design Warranty Period, as set
forth in Paragraph 16 hereof, Seller shall use its best efforts to carry and maintain, in full force and
effect, at its sole cost and expense, the following insurance policies with insurance companies
satisfactory to Buyer.
(i) Comprehensive general liability insurance in an occurrence format in an
amount of at least $20,000,000 per occurrence, including the following coverages: contractual
0
liability, personal injury, broad form property damage, independent contractors, premises
operations, underground explosion and collapse hazard and products/conipleted operations. Buyer
shall be listed as additional insured as their respective interests may appear on such policy.
(ii) Comprehensive automobile liability insurance on all vehicles used in
connection with this Agreement, in an amount of $2,000,000 combined single limits for bodily
13
injury and property damage, per occurrence. Buyer shall be listed as additional insured as their
respective interests may appear on such policy.
(iii) Workers' Compensation insurance in accordance with the provisions of
the Workers' Compensation Act of the State of Colorado for all its employees engaged in the Work.
(iv) Builders Risk insurance for the Lift in the amount of the Lift Price or
such amount to provide for all risk of loss of the Lift, with coverage to continue until the License
Date.
(v) In the event helicopters are used in the performance of the Work, Seller
shall cause the helicopter operator to provide comprehensive or commercial general liability
insurance including coverage for premises operations, underground explosion and collapse hazard,
products/completed operations, contractual, independent contractors, broad form property damage,
personal injury, aviator liability, load coverage and hull coverage with aggregate limits of at least
$10,000,000 for property damage and bodily injuiy, including death. Seller shall provide Buyer
with evidence of the helicopter operator's insurance coverage prior to the performance of its
services to Seller. Buyer shall be listed as additional insured as their respective interests may
appear on such policy.
(b) General Insurance Provisions. Each policy shall include a provision requiring a
minimum of thirty (30) days' notice to Buyer of any change or cancellation.
(c) Certificates of Insurance, Declarations Page and Policy Manuscript. Certificates
of all insurance required, together with the appurtenant declarations page(s) and policy manuscript
shall be submitted to Buyer prior to commencement of the Work. The coverage required herein
shall be provided by insurance companies which are licensed to do business in the United States and
the State of Colorado, and with a Best Rating of "A" or "A+."
(d) Subcontractors. In the event any portion of the Work is subcontracted, Seller
shall require the subcontractor to provide the identical insurance listed in Subparagraph 26(a). In
the event any subcontractor does not have such identical coverage, Seller shall name such
subcontractor(s) as additional insured's on it respective policy(ics) during the construction period.
For the purpose of this sub-section, suppliers of materials shall not be considered subcontractors.
(e) Performance and Payment Bonds. At the time of execution of this Agreement,
Seller shall furnish a Performance Bond and a Payment Bond, each in an amount equal to 100% of
the Lift Price, in forms attached as Section 6 and 7 to the Project Manual for the project.
(f) The entity providing Lift maintenance and operation will carry a minimum of
$20,000,000 per occurrence of General Liability Insurance coverage until the expiration of the
warranty period.
27. rNDEMNITY.
14
(a-) General Indemnity. Seller agrees to forever indemnify, defend and hold
harmless Buyer, its subsidiaries and affiliates, their respective agents, officers, directors,
g i
contractors, servants and employees of and fi-om any and all liability, claims, liens, demands,
actions and causes of action whatsoever arising out of or related to any loss, cost, damage or injury,
including death, of any person or damage to property of any kind caused by Seller's operations or
the misconduct or negligent acts, errors or omissions of Seller, its subcontractors, materialmen or
any other person directly or indirectly employed by them, or any of them, while engaged in any
activity associated with the Lift or this Agreement, including without limitation, the design and/or
manufacture of the Lift, the installation thereof, the breach of the warranties set forth in Paragraph
16 or any activity related thereto or associated therewith, whether contractually or otherwise.
(b) Patent IndeqIqi1y: Seller agrees to forever indeninify, defend and hold harmless
Buyer, their respective agents, officers, directors, contractors, servants and employees of and from
any and all liability, claims, liens, demands, actions and causes of action whatsoever arising out of
or related to any loss, cost or damage, of any person or damage to property of any kind caused by
Seller's alleged infringement of any patent, copyright, trade secret, trademark or other legally
protected propriety right of Any third party, in connection with the Lift or any part or component
thereof. If the Lift or any part or component thereof is held to infringe, or in Seller's opinion, is
likely to be held to infringe, any third party intellectual property right, Seller shall, at its expense,
secure the right for Buyer to continue use of the Lift or replace or modify the Lift to make it non -
infringing; provided that, such replacement or modification yields substantially equivalent results.
28. DEFAULT AND REMEDIES. (a) hi addition to Buyer's remedy as set forth in
Paragraph 15 hereof, if either party to this Agreement fails to perform in accordance with any of the
tenns, covenants or conditions of this Agreement or is otherwise in default of any of the terms of
this Agreement, after giving fifteen (15) days' prior written notice to the other party of the alleged
default and upon said defaulting party's failure to make a good-faith effort to cure such breach
within fifteen (15) days after receipt of the notice of default, the non-defaulting party shall have the
right to pursue any remedy available at law or in equity, including, but not limited to, any remedy set
forth in this Agreement.
(b) After adhering to Section 34(k), if either party to this contract materially breaches
any of the terns, covenants or conditions of this Contract, the nonbreaching party, so long as it is
not in material breach hereof, upon giving thirty (3 0) days written notice of the alleged default, shall
have the right to terminate this Contract or stop the Work and pursue any remedy available at law- or
equity. Without limitation, a material breach shall include: (i) The Buyer encumbering the property,
including without limitation, the Lift, without prior written consent of the Seller, or the property is
seized or levied upon under any legal or governmental process, (ii) either party becomes insolvent,
or is subject to any bankruptcy proceeding, (iii) either party makes an assiginnent for the benefit of
creditors, (iv) either party's business fails or terminates, (v) a receiver is appointed for a party or all
or a substantial part of its assets or business, (vi) either party reasonably believes that the prospect
of payment or perfolinance is impaired, (vii) the Lift or any portion thereof is transferred or
hypothecated to a third party (except as allowed in this contract) or (viii) either party fails to make
any payment or perform any obligation hereunder when due.
29. WAIVER OF DEFAULT.
15
(a) Failure to insist upon strict compliance with any of the terms, covenants and
conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall
any waiver or relinquishinent of any right or power hereunder at any one or more times be deemed a
waiver or relinquishnient of such right or power at any other time or times. No waiver shall be
valid unless in writing and signed by authorized officers of the parties hereto.
(b) Buyer agrees that Seller may, at its option, accept payments past due, or part
payments of monies due without in any manner modifying the terms of this Agreement, that the
acceptance of partial payments shall not constitute a waiver of any default created by the failure of
Buyer to pay in accordance with the terms hereof, nor shall the acceptance of any sums in full or
partial payment of any delinquent installments constitute or be construed as a waiver of time as the
essence of this Agreement or of any subsequent defaults of Buyer. Any action to enforce payment
of any indebtedness shall not waive any of Seller's rights hereunder.
30. DELEGATION/ASSIGNMENT. Neither of the parties may delegate its respective
duties under this Agreement nor assign this Agreement without the prior written consent of the
other parties; provided, however, Buyer may assign all of its rights under this Agreement,
including, without limitation, its rights under Paragraph 16 hereof, to any person or entity acquiring
all or substantially all of the assets of Buyer, and to the Confluence Metropolitan District and/or the
Avon Station Metropolitan District (collectively the "Confluence District"), subject to the
Confluence District demonstrating an ability to pay the balance then due under this Agreement. In
connection with any such assigninent, Seller shall substitute the name of the assignee for that of
Buyer on the Performance and Payment Bonds, as an additional insured under any policy of
insurance so required, and on any other certificate, permit or other instrument naming Buyer as the
holder, beneficiary or authorized ating arty relating to the rights established thereunder. Upon any such
p M,
assigninent, Buyer shall be released and discharged from any further liability or obligation under
this Agreement.
31, SUCCESSORS AND ASSIGNS. Subject to the provisions of Paragraph 30 herein, the
terms, covenants and conditions of this Agreement shall be binding on the successors and assigns of
each of the parties.
32. N - OTICES. Any notice, demand or coniniunication which any party may desire or be
required to give to the other party shall be in writing and shall be deemed sufficiently given or
rendered if delivered personally or sent by first class United States mail, certified or registered mail,
postage prepaid, addressed as follows:
If to Buyer:
EAST WEST RESORT DEVELOPMENT XIV L.P., L.L.L.P
Attn: Andy Gunion
P.O. Drawer 2770
100 East Thomas Place
Avon, Colorado 81620
With a copy to: William P. Ankele, Jr.
16
1805 Shea Center Drive, Suite 100
Highlands Ranch, Colorado 80129
And: George Hudspeth, Director of Lifts
Beaver Creek Resort
P.O. Box 7, Internal Box B33
Vail, Colorado 81658
And: Richard D. Travers
1000 South Frontage Road West
Suite 2
Vail, Colorado 81657
If to Seller: Doppelmayr CTEC, Inc.
Attn: Jan Leonard
3160 West 500 South
Salt Lake City, Utah 84104
With a copy to: Doppehnayr CTEC, Inc.
Attn: Randy Woolwine
6452 Fig Street, Unit B
Arvada, CO 80004
And: Mark Bee
(At same address immediately above)
Such notice, demand or communication shall be deemed to be given at such time as it is personally
delivered or mailed. The parties shall have the right to designate in writing, served as provided
above, a different address to which any notice, demand or communication is to be mailed.
33. NONDISCRIMINATION. During the ten-n of this Agreement, Contractor agrees that it
shall not discriminate:
(a) against any employee or applicant for employment because of race, color,
religion, sex, national origin, age or handicap (Ref. Title VII of the Civil Rights Act of 1964 as
amended.); and
(b) by segregation or otherwise against any person on the basis of race, color,
religion, sex, national origin, age or handicap, by curtailing or refusing to furnish accommodations,
facilities, services or use privileges offered to the public generally. (Ref. Title VI of the Civil
Rights Act of 1964 as amended, Section 504 of the Rehabilitation Act of 1973, Title IX of the
Education Amendments, and the Age Discrimination Act of 1975.)
34. MISCELLANEOUS.
17
(a) If any clause or provision of this Agreement shall be held. to be invalid in whole
or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and
remain in full force and effect.
(b) No amendment, alteration, modification of or addition to this Agreement shall be
valid or binding unless expressed in writing and signed by the parties to be bound thereby,
(c) The captions of each section are added as a matter of convenience only and shall
be considered of no effect in the construction of any provision of this Agreement.
(d) If any party hereto shall bring any suit or action against another for relief,
declaratory or otherwise, arising out of this Agreement, the prevailing party shall have and recover
against the other party, in addition to all court costs and disbursements, such surn as the Court may
adjudge to be reasonable attorneys' fees.
(e) This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Colorado. Exclusive jurisdiction for any and all legal action regarding this
Agreement shall lie in the District Court, Eagle County, Colorado.
(f) Any and all warranties, provisions, rights and obligations of the parties herein
described and agreed to be performed subsequent to the termination of this Agreement shall survive
the terinination of this Agreement.
(g) Time is of the essence with respect to the performance of each of the covenants
and agreements herein set forth.
(11) The parties and their respective counsel have reviewed this Agreement in its
entirety and acknowledge that each has had a full opportunity to negotiate the Agreement's terms.
Therefore, the parties expressly waive any and all applicable common law and statutory rules of
construction that any provision of this Agreement should be construed against the Agreement's drafter,
and agree and affirm that the Agreement and all provisions thereof shall in all cases be construed as a
whole, according to the fair meaning of the language used.
(i) Failure to insist upon strict compliance with any of the terms, covenants and
conditions hereof shall not be deemed a waiver of such terms, covenants and conditions, nor shall
any waiver or relinquishinent of any right or power hereunder at any one or more times be deemed a
waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid
unless in writing and signed by an authorized officer of Owner.
0) This Agreement constitutes a valid and binding agreement of the parties,
enforceable against each in accordance with its terms. To the extent the parties are not natural
persons, the persons executing this document on such party's behalf have actual power and authority
to bind the corporation or other entity and to execute and deliver this Agreement.
(k) If the Buyer or Seller believes a conflict exists as to the interpretation or
performance of the contract, the party shall explain this belief to the other party in writing. Once the
W-0,
explanation of the conflict is received, the Buyer and Seller shall first attempt to mediate any conflicts
related to the interpretation of or performance under the Contract Documents. Should the parties fail
to reach a resolution of the conflict within ten (10) days, the matter shall be referred to the Judicial
Arbiters Group, Inc., located in Denver, Colorado, for binding arbitration. In no way does this sub-
section prohibit the Buyer or Seller from bringing suit or action against another for relief, declaratory
or otherwise, arising out of this agreement.
35. ENTIRE AGREEMENT. This Agreement and the exhibits attached hereto constitute
the understanding of the parties with respect to the entire subject matter hereof, and, except where
provided herein, there are no representations, inducements, promises or agreements, oral or
otherwise, not embodied herein. Any and all prior discussions, agreements, proposals, negotiations
and representations relating thereto are merged herein. In the event of conflict between the terms
and conditions of this Agreement and any of the exhibits, this Agreement shall control.
19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
respective dates set forth below to become effective as of the day and year first set forth above.
SELLER:
DOPPLEMAYR CTEC, INC.,
a Utah Corporati n
Date: By: c�� -�! /-�
Name: � (:::' ,
ATTEST: Title:
14" j
(5L
Secretary/Other Title:-lJ&& Pka4
�CpKb XT\/ BUYER:
EAST WEST RESORT DEVELOPMENT XIV L.P.,
L.L.L.P
A Delaware limited partnership registered as a limited
liability Iiijqited partnership
Date: —3-23--O(p By:
ATTEST:
aLZ-
Secretary /Other Title: \/ G& KR-eo -
Name:
Al R
ki
Title:
Vic-9-
9E
!1L1:4 11L•J
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer 4//
Date: May 16, 2006
Re: Resolution No. 06 -26 — A Resolution Approving A Preliminary Condominium
Map for Mountain Center Condominiums, A Resubdivision of Mountain Center
Condominium Building and Mountain Center Phase 2, Town of Avon, Eagle
County, Colorado (910 Nottingham Road) (Public Hearing)
Summary: Greg Eldridge, the owners representative has submitted an application for a
Preliminary Condominium Map approval for Mountain Center, A Resubdivision of Mountain
Center Condominium Building and Mountain Center Phase 2, Town of Avon, Eagle County,
Colorado, located on Lots 26, 27, and 28, Block 1, Benchmark at Beaver Creek (910
Nottingham Road). The proposed subdivision will resubdivide two units in the existing
Mountain Center Building and create approximately 11 new units and Limited and General
Common Elements (LCE's and GCS's).
Resolution 06 -26 (Exhibit 1) approves the proposed Preliminary Condominium Map subject
to completion of Technical Corrections as identified by Staff.
We recommend approval of Resolution No. 06 -26, A Resolution Approving Preliminary
Condominium Map for the Mountain Center Condominiums, A Resubdivision of Mountain
Center Condominium Building and Mountain Center Phase 2, Town of Avon, Eagle County,
Colorado.
Discussion: The purpose of the proposed subdivision is to establish eleven new
condominium units in Phase II of Mountain Center, and to establish Limited and General
Common Elements as identified on the Condominium Map. The submitted Condominium
Map is in general conformance with the requirements set forth in Chapter 16 of the Avon
Municipal Code, Subdivisions.
The Town Council shall review the preliminary plan to determine whether the proposed
subdivision conforms to applicable zoning and these subdivision regulations and whether it
takes into consideration:
(1) The Comprehensive Plan;
(2) For Planned Unit Developments, the relevant Planned Unit Development Master
Plan and the Comprehensive Plan, as reflected in the approval of that Planned
Unit Development;
(3) Physical suitability of lots proposed for subdivision; and
(4) Compatibility with surrounding land uses.
(1) Comprehensive Plan:
According to the Future Land Use Map, the subject property is planned Light Industrial and
Commercial. That plan designation is consistent with the existing commercial and storage
use on the property.
The Proposed Subdivision is also located in Comprehensive Plan District 11. The Planning
Principals for District 11 are:
• Accommodate limited/accessory residential development that supports primary
industrial/employment land uses.
Staff comments: There is currently no existing or planned residential
development within the submitted Preliminary Subdivision Plan.
• Develop a pedestrian connection linking West Beaver Creek Boulevard to
Nottingham Road.
Staff comments: This policy is not applicable because there is no physical
connection between the subject property and West Beaver Creek Boulevard.
• Coordinate with CDOT to introduce trees on uphill slopes in the 1-70 right-of-way
and along Metcalf Road to partially screen buildings and other accessory uses.
Staff comments: This policy is not applicable because the property is located on
the north side of Nottingham Road and therefore no opportunity to introduce trees
on the uphill slope of the 1-70 night-of-way.
• Require development that minimizes significant re-grading, and provides for
proper on-site parking and access.
Staff comments: This site has been developed for a long period of time and has
demonstrated sufficient parking and access.
• Require development and encourage existing development to add architectural or
landscape screening of storage areas, HVAC equipment, loading docks, and trash
containers.
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Staff comments: The site was recently approved for exterior design changes.
Those changes included architectural features added to the northern facade,
compliance with the Town's recently adopted Outdoor Lighting Ordinance, and
additional landscaping.
• Site buildings to maximize sun exposure, protect views, and break up building
bulk.
Staff comments: As stated previously, the site is developed with a split -level
building, which is oriented in an east west direction.
• In the event of a major redevelopment of this area, add traffic lanes on Metcalf
Road to accommodate truck traffic.
Staff comments: Although the subject property is not located along Metcalf Road,
there is sufficient turning movements and parking to accommodate truck traffic.
(2) Planned Unit Development (PUD) Master Plan:
The property is zoned Industrial /Commercial (I/C) and the proposed subdivision is in
conformance with the allowed uses in the zone district. There is no PUD associated with the
property.
(3) Physical Suitability of lots proposed for subdivision:
The lots proposed for the subdivision are condominium units that have already been
constructed. Staff feels that the units are suitable for subdivision, and no areas and activities
of local interest are affected by the proposed condominium subdivision.
(4 ) Compatibility with surrounding land uses:
The proposed preliminary condominium map is compatible with the surrounding land uses in
the Nottingham Road/Metcalf Road Industrial/Commercial area. The zone district is intended
to provide sites for light industrial and manufacturing uses, wholesale outlets, warehousing,
offices, and storage facilities. Allowed uses include warehouses, laboratories, electrical
substations, light manufacturing plants, wholesale sales outlets, showrooms, industrial,
construction, and wholesale offices.
Financial Implications: There are no financial implications associated with the
granting or denial of this preliminary condominium map.
Recommendation: Approve of Resolution No. 06 -26, A Resolution Approving
Preliminary Condominium Map for Mountain Center Condominiums, A Resubdivision of
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Mountain Center Condominium Building and Mountain Center Phase 11, Town of Avon,
Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 06-26, A Resolution
Approving Preliminary Condominium Map for Mountain Center Condominiums, A
Resubdivision of Mountain Center Condominium Building and Mountain Center Phase 11, Town
of Avon, Eagle County, Colorado.
Attachments:
Exhibit I — Resolution No. 06-26
Exhibit 2 — Preliminary Condominium Map
Town Manager Comments:
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Ohl >
TOWN OF AVON
RESOLUTION NO. 06 -26
Series of 2006
A RESOLUTION APPROVING PRELIMINARY
CONDOMINIUM MAP FOR MOUNTAIN CENTER
CONDOMINUMS, A RESUBDIVISION OF
MOUNTAIN CENTER CONDOMINIUM BUILDING
AND MOUNTAIN CENTER PHASE 2, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Greg Eldridge, the owner's representative, has applied for
Preliminary Condominium Map approval for the Mountain Center Condominiums,
located at 910 Nottingham Road on Lots 26, 27, and 28, Block 1, Benchmark at Beaver
Creek in the Town of Avon, Eagle County Colorado, in accordance with Chapter 16.20
of the Avon Municipal Code; and
WHEREAS, The Town has provided public notice in accordance with Section
16.20.070 to all owners within three hundred feet of the Mountain Center Condominium
and posted notices of the time and date at which Town Council considered the
preliminary subdivision application; and
WHEREAS, The Town held a public hearing at which it received evidence and
testimony concerning the Preliminary Plan, at the conclusion of which the Town Council
considered such evidence and testimony; and
WHEREAS, the Condominium Map has been reviewed by the Town Staff, and
WHEREAS, the Condominium Map was found to be substantially in
conformance with Title 16 of the Avon Municipal Code;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, that the Town hereby finds and determines
that the Proposed Preliminary Condominium Map for the Mountain Center
Condominiums is in accordance with subdivision review criteria found in Section
16.20.040 of the Municipal Code, and other applicable development laws, regulations
and policies of the Town of Avon and hereby approves the same subject to compliance
with the following conditions prior to Final Condominium Map approval:
1. Completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF MAY 2006.
UnNUM ' i i K11 '•li
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
m
RECEIVED
APR 1 2 2666
C O L O R A D O
Applicant: [ P, e"G L A j
Mailing Address: .0. 17 -qZ City: e-b i>xos State: Ca , Zip 9,43e
Phone #: 7a q2b -el zlGy Fax #: 110 '72 ri4 Cell #: 67 9.,
Owner of Property: L-tr N D O A-F iTlA�e_ A Av u P
Mailing Address: ytrl T/� < > �- City: ;V ��, 'f State G ZW4031f
a
Phone #: Fax #: 23 f iii if 9 4 Cell #: Z3.9 - co 31-
Lot: Block: Subdivision: M c tr v7MN C, ?7. gU1&41, vt, aj Cog-, wo S
Project Street Address: ill U lttU 1'iiyG 6W A, 1Z.41An
Project Name: At ° GIN 7-,*-i u cP,.v 7X4 0Coy 42 zu
*Note: If the parcel has not previously been platted, please attach on a separate sheet a
Meets & Bounds Description.
Type of Subdivision: ❑ Minor Subdivision Condominium Subdivision
❑ Duplex Subdivision ❑ Land Subdivision ❑ Timeshare Subdivision
Type of Plat Approval Being Requested: ❑ Amended Final Plat
Sketch Plan ❑ Preliminary Flan tj Final Plat
*..dote: All subdivsJons other than Minor and Duplex Subdivisions are required to receive
Preliminary Plan approval prior to Final Plat.
I�we) represent that all information provided' to the Town of Avon in connection with this application
as true and correct, that I (we) understand the Town of Avon regulations applicable to this project,
and understand that incomplete submittals will delay application review. Owner designates Appli-
cant as indicated to'act as owner's repre ntative in all application submittals related to this project.
Applicant:
Owner: = �,..,,.. -�,.. C:-C(
(Print Name ): C,w 6 ,cz c. ,o A 106 <- (Print Nam
Date: 2 - Se Date: !{
Community Development, P.O. Box 975 Avon, CO 81620 (970)748 -4030 Fax (970)949 -5749 (rev. 12/27/01) Page I of 2
Eon
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD MAY S.2B@6
A regular meeting of the Town of Avon, CO|O[@dO was held at 400 BeOChrn8rh Road, AVOO,
Colorado iO the Council Chambers.
Mayor Ron Wolfe called the meeting k} order @t5:3O PM. /\ POU C@U was taken and Council
members present were Khati FernanJ, K8aC MC[)evd1, Amy Phillips, Bh@O Sipes, and Tgnnr@
Nottingham Underwood. Debbie Buckley was absent. Also present were 7-OvvD Attorney John
Dunn, /\SSt. T0VvO K8@D8ge[J8Cquie Ha|burnt, Town Clerk Patty K8cKenny, Town Engineer Norm
VVOOd' PUb|iCVV0rhG/[r8nSit Dir9CiD[ Bob Reed and Community Development Bir8Ct0rT80bi
K8tieb. as well as members of the p[8SS and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OFINTEREST
Mayor Wolfe made the following changes to the agenda:
• Requested that the order of Resolutions No2O&No. 21 be rearranged,
• Asked for addition Of discussion about "tree health" along Avon Road
• Asked to add to unfinished business the minutes from liquor board meetings in April
• Asked that COUnd| neCOOV8Re bh8UV, b8f0[8 adUVunOrDHDt. to an executive session
pursuant to CRS 24-0-402/4\(b) a conference with the town attorney for the |OC8| public
body for the purpose of receiving legal advice OO specific legal questions related to
confluence vV8[e[ rights and 8 conversation with the attorney representing the TrGer
Creek developer.
There were OO agenda items that would require @ disclosure of conflict of interest O[eXp8rte
INTRODUCTION OF NEW POLICE CHIEF, BRIAN KDZA0
Asst. TOVvD M@O@ge[J8CqUie H8/bUrnt thanked former acting police chief Mike Le8k8 for his
service during the past six months. She then introduced new police Chief Brian Kozak; Town
Clerk Patty McKenny swore Chief Kozak into office at this time.
CITIZEN AND COMMUNITY INPUT
Peter Buckley, Avon [8SideO[. [8iS8d the topic of the Lot 61 |GxvSWit. It was noted that Council
does not intend to appeal the ruling by the Judge at this time. Buckley proceeded to read
minutes from 2004 and noted that neither he or Council Buckley voted in favor of the project.
Discussion ensued about the project.
ORDINANCES
T8O0bi K@tieb, ConnnnunUv Development Director, presented Ordinance No. 06-06. Series of
2006' On second reading, An Ordinance Amending Title 8' Municipal Code of the Town of Avon,
Defining Building Activity, [)eC|8hng Abandoned Building Activity a Public Nuisance, and
Providing PHD@UieS For Abandonment. He noted that this proposed amendment is intended to
expand the ability of the Town to provide abatement for abandoned COOetruCtiOO activity.
Currently the Code is limited to Gb8OdOO8d building where construction has actually begun and
not been completed. Both the L80@| 8ubDOnDnlitte8 & Planning & Zoning COrnnnisSioO was
supportive of this revision to the Code. Some changes were noted as suggested from the |8St
meeting (with e change to the "Notice of Violation" section and change to Section. 8.05.050 by
adding "Site restoration" language as 8O[th8[ option for action by the Town). Mayor Wolfe
opened the pubic hearing, Do comments were nlad8, and the hearing was closed. Councilor
Ferraro moved t0 approve CJrdiO8OCe NU. 00-00. Series of 2000. on second reading, An
OndiDGDC8 Amending Title 8' Municipal Code Of the Town Of /\v0O. Defining Building Activity,
Declaring Abandoned Building Activity 8 Public Nuisance, and Providing Penalties For
Abandonment. Councilor McDevitt seconded the motion and it passed unanimously by those
members present (Buckley abS8OU.
John [}UOO. TOVVO Attorney, presented (]ndin8DCe NO. 06-07. Series of 2006. OD second reading,
An Ordinance Amending Titles 12 And 10, Municipal Code Of The lFVvvn Of Avon, TO Increase
Any Guarantee Of Public Improvements TO Two Years. He noted that this [eViSiOO is to extend
the vv8[F8nty period from one year to two yeanS, s0 that all developers VxOu|d be treated
COD8iSteOUy. The vv@r[8Oty period is consistent with other jurisdictions in Eagle County; the
language is included in subdivision innprOVenneDtS agreements. NO changes were made for
second reading. Mayor Wolfe opened the public hearing, OO comments were Dl8de. and the
hearing was closed. Councilor Ferraro moved t0 approve {JrdiOonCH No. 06-07. Series of 2006,
OO second reading, An Ordinance Amending Titles 12 And 16. K8uniC/p8| Code Of The Town Of
Avon' TO Increase Any Guarantee [}fPublic Improvements TOTwo Years. Councilor Phillips
seconded the motion and it passed unanimously by those members present (Buckley absent).
John Dunn, Town /#[O[ney' presented Ordinance NO. 08-08' Series Of 2006, on First F<e8diOg,
Ordinance Amending Title 3, Avon Municipal Code Concerning The Public Accommodations
Tax And Fle@| Property Transfer Tax TO Provide A Credit Against Such Taxes Due If Certain
Public Improvement Fees Have Been Paid In Connection With The Development Known As The
Confluence. OUOn explained that this ordinance iSiD order @spart of the implementation Ofthe
Council's Of the approved Amended and Restated Development Agreement and Facilities
C)pen8UUO Agreement for the Confluence Project. Both Councilors Ferraro & Sipes recUSed
themselves at this time due to conflict of interest. Further explanation about was given on the
Tabor /\Dl8DdrneDt iDlp//C@dOOS on this project. IT was noted that the ordinance therefore
provides that iOthe event of non-appropriation, public improvement fees in the same amount will
be collected and paid to the developer and the District. It was noted that this tax structure is
more common than not, and the only other tax credit granted was for the Village at Avon.
Mayor Pro Tern Underwood moved to approved C}ndin@DCe No. 06-08. Ordinance Amending
Title 3' Avon KXUDiCipa| Code Concerning The Public Accommodations Tax And Real Property
Transfer Tax 7-0 Provide /\ Credit Against Such 7-@xeS Due If Certain Public Improvement Fees
Have Been Paid In Connection With The Development KnOVvDAa -[he Confluence. Councilor
McDevitt seconded the motion and it passed unanimously by those members present (Ferraro &
Sipes reCUS8d due to CODf|iCL of interest; Buckley absent). Town Attorney Dunn addressed the
implications of when council members step down due to conflict of interest.
COUDCi|OrS Ferraro and Sipes joined the podium at this time. John Dunn' Town Attorney
presented C>ndiD@OCe NO. 00'09' Series Of 2000' First Reading, An Ordinance Amending
Chapter 17.14' Title 17, Avon Municipal Code, Relating To Vested Property Rights. He noted
that these proposed amendments are to the vested property rights chapter of the Code. It was
noted that 2 public hearing would be held at the next meeting OO second reading at which time
public input vv0Uld be taken. Some hiStOFiC8| b8chQrOUDd was provided on the State Statutes
vested rights |egiS|8UOD and the 1999 revisions made with both state and local legislation.
Avon's first request for vested rights was by the Village atAvon. Discussion ensued onsome of
the following topics outlined in the council packet memo. |n summary revisions would bemade
in Section 4, 5 and 8; making language more clear and explicit. Councilor Ferraro moved to
approve C}rdin8OCg NV. 00-09. Series Of 2006, First F<e8diOg, An Ordinance Amending Chapter
17.14, Title 17, Avon Municipal COde, Relating To Vested Property Rights with proposed
changes discussed. Councilor McDevitt seconded the motion and it passed unanimously by
those members present (Buckley @bSODt).
Regular Council Meeting Page 2ofn
May 8.2006
John DuOD, Town Attorney' presented Ordinance NO. 00-10' Series Of 2006, First Reading, An
Ordinance Amending Titles 10 And 17, Avon K8UOidp8| Code, Relating TO Applications For
Development And Subdivision Approval And Erection Or Construction Of Improvements It was
noted that these proposed revisions to Code relate to the development agreement applications.
He noted that Section 1 amends the zoning code and Section 2 amends the subdivision code.
The language addresses an @pp|iC8D[ and its project if it is in default. |f8 project is in def8U|t,
on gpp|iCGUOO cannot be considered. It was suggested to change Section 1, by expanding the
language to include app|iC@hODS for amendment of development plan. Councilor Ferraro
moved to approve {}ndiD@DCe No. 00-10, Series Of 2000. First Reading. An Ordinance
Amending Titles 16 And 17, Avon Municipal Code, Relating To Applications For Development
And Subdivision /\ppnDV@| And Erection Or CODSt[U{ti0n Of |Dlpn]venDeOtS with proposed
changes discussed. Mayor Pro Tern Underwood seconded the motion and it passed
unanimously by those members present (Buckley 8bSent\.
RESOLUTIONS
It was noted that the next two topics were not related to the discussion to be held later in the
evening. Councilors Ferraro and Sipes left the R}V0 due to conflict of interest. Norm Wood,
Town Engineer' presented ReSO/VdVn NO. 06-21' Series of 2006' ReSo|UbOO approving
Amendment to Restated Water Lease and Supplemental Water Lease between the lF0wD Of
Avon and Upper Eagle Regional Water Authority for the Provision of Water Service for the Town
of Avon, Eagle County, CO|O[8dV and Y<eSo|Ud0O No. 00-20. Series of 2006' F<a9O|UtiOn
approving Agreement for Dedication of Augmentation Water and Related Water Rights for the
Confluence. He noted that this agreement establishes a nlaXiDlunn development level (458.55
Single Family EqUiV8|eDtS. SFE`S) for the Confluence project. He reviewed the resolution and
attached documents. Discussion ensued about the Colorado Water & Conservation Board
process the @pp|iC8U0n will need t0 go through. Staff recommended approval of both
resolutions.
K88yo[ Pro Ten) Underwood Dl0Ved to approve ReSo|Ub0D NO. 06-21. approving Amendment to
Restated Water L83G8 and 8Upp|enleOt8| \8/8te[ Lease between the Town of Avon and Upper
Eagle Regional VV8Ler Authority for the Provision of Water Service for the Town of Avon, Eagle
COunty, CO|O[GdU. COUOCi|Or McDevitt seconded the motion and it p@SSBd unanimously by
those members present (Buckley 8bSenU. Councilor Phillips moved to approve Resolution N0.
00-20. approving Agreement for Dedication of Augmentation Water and F(8|@t8d Water Rights
for the Confluence. C0Und|0r McDevitt seconded the motion and it passed UnGDiDloue|y by
those members present (Buckley GbSent).
Scott Wright Finance Director, presented Resolution NO. 06-23' Series of 2006. Resolution to
Amend the 2000 Town Of Avon Budget. He presented the proposed amendments k) the Transit
Enterprise FuOd, related to the cost and FevBOUeS with the additional service hours for the
Village at Avon, and the additional COSt and federal Q[8Ot revenues related t0 purchasing a
hybrid bus. Councilor Phillips moved t0 approve Resolution NO. 00-25. Series Of 2000.
R8G0|UtiUD to Amend the 2006 Town of Avon Budget. Councilor McDevitt seconded the motion
and it passed unanimously by those members present (Buckley abSent\.
NOmn \8/OOd. Town Engineer, presented ReSO|UUOO NV. 06-24. Series of 2000' Resolution
approving the Final P|BA, A ReSubdivisiOO Of LO[ 88, 0/OCh 3, VV|dhdg8 GUbdiviGiOn, Town of
Avon' Eagle County, Colorado. The developer submitted ahna| plat to resubdivid8 the property
creating duplex lots 88A &08B' address 4235VVi|dridge Road E@SL Councilor Sipes moved t0
approve R8S0|UdOn approving the Final P|8t, A FleSUbdiViSi0O Of Lot 88. Block 3, VVi|dhdge
QubdiViSiOD, TOvVO of Avon, Eagle County, Colorado. Councilor Ferraro seconded the motion
and it passed unanimously by those members present (Buckley @bSeOt).
Regular Council Meeting Page aoro
May 9, 2006.
NEW BUSINESS
K8@yO[ Pro TeDl Underwood asked about the p[Ob(enl with the trees failing UD Avon Road.
Public Works Director Bob Reed addressed the issues creating the pn]b|e0s, the nGiS8d D3tU[e
of the Dl8di@O. the CODlp8{tiOO of the soil, the S0|UUOD used in p|OxViOg iOC|UdeS 8 salt element
that has 8dVeng8|y impacted especially the blue Spruce trees. A plan is currently being
developed to address the topic.
UNFINISHED BUSINESS
Councilor Sipes DlOVed to approve the Liquor Board D1eB[iOg minutes for April 2008; Councilor
Ferraro seconded the 0nd0O and it passed UO8Oi00US|y by those 0eOObe[S present (Buckley
absent).
TOWN MANAGER REPORT
TOvvO Manager Larry Brooks noted that May 18"' is tentatively set for @ ground-breaking event
sponsored by developer East West Partners for the Confluence project.
MAYOR REPORT
Mayor Wolfe SUR1Dl@rized 3 recent meeting held with the new OvvO8[S of buildings in east Avon.
He presented another update regarding transportation in Eagle County and an invitation too
meeting with the Eagle County Commissioners OO the topic in hopes of addressing the onasdinn
0f long range transportation planning.
TOWN ATTORNEY REPORT
Town Attorney John OUDn noted that he Fepnesented\/AG. Inc., who have recently purchased
two buildings in east Avon. H8 presented an update DD the C8SSidy'S sales tax case; anoral
argument would b8 presented iD the next week.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda below. Councilor McDevitt moved to
adopt the consent agenda; Councilor Ferraro seconded the motion and it passed unanimously.
a. Minutes from April 25. 2006 Meeting
b. Eag|ebend Drive/Stnnebridge Road 8treetsoape Pnojeot— Gtonabridge rood Bridge Additional
Architectural & Engineering Services (Norm Wood, Town Engineer) Proposal for replacing bridge
rail on the Stonebridge Road Bridge that is compliant with state standards
u. Riverfvont Subdivision / Town of Avon C|P Proposal / Short Elliot Hendrickson. inc Construction
Management / Inspection Service (Norm Wood, Town Engineer) Agreement for service for
oversight over public improvement project
d. 2006 EC0 Transit Summer Service Agreement (Bob Reed, Transit Director) Agreement for bus
parking at Swift Gulch facility for ECO
e. Minutes from Liquor Board Meetings in April 2OOO
At 7:25 PW1' K8@yO[ Pro Tern Underwood moved to convene into Executive session pursuant to
CRS 24-0-402(4)(b) 8 conference with the town attorney for the local public body for the
purpose 0freceiving legal 8dViC8 On specific legal qUeSUODS related [V confluence water rights
and 8 COOVerS3tiOO with the attorney representing the T[@e[ Creek developer. Councilor Sipes
seconded the motion and the executive session convened. COUnd|one Ferraro & Sipes left the
meeting at 7:40 PM due to conflict Vfinterest. Councilor McDevitt moved to 8di0u[D executive
session; Mayor Pro Tern Underwood seconded the motion. Town Attorney John Dunn noted for
the record that the only topics discussed are identified above.
Regular Council Meeting Page 4o,s
May e.2ons
There being no further business to come before the Council, the regular meeting adjourned at
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Debbie Buckley
KhstiFenran]
K8@c McDevitt
Amy Phillips
Brian Sipes
T8Qnrg Underwood
Ron Wolfe
Regular Council Meeting
May 9, 2006
Page uofo
Memo
To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Patty McKenny, Town Clerk
Date:
May 17, 2006
Re:
Fee Agreement
Summary: John Dunn, Town Attorney, has included the Engineering Consulting Services Fee
Agreement on the consent agenda. He noted that Loren Flick would serve as a consultant on the
ATS condemnation.
Mav It 2006
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These Vows, Cbra0wra; and Linammon of l Wly Ar Building0rualhass & Enk"re, In OX&M am hl &d With mW pa of do minchud
qMwal and NH wroh-we I MH It and eftect during-a-ld lifiu the curnidelycal or k"nalrene,al ot, the engagement ol'13C&E by the Chenz, and aid
thetatac,jwd proposs],
PERFOVdD.ANCE. 'PCU,--'and 5 "My.., wM nam, Tu degru ahill and owe aefeaed by Gusto marily acupwd pracums and pracedus.
No warramrcan ex,linowd w QW1 are made arm =Vco to FW&E's petiblinaiwe, mdess aV=d to I wAN& 13C&E 1 not a gmetyrrm"17 Te
project to ubkh yes savims an duncred, and is mspmanq K HmAd to .,ervn es perfcarncu for tilt! eh'alt, IIC,&-'E is not R=z "a
mynnions of On: flimt, nor for third pacrijes not wrder its cliNcr cmd-oL BME A not firdhe Ir tiny reascal far ally Muciat, inififec"', or consequential
July,
'ms holudcrag less o arld Im 9pvfd. IMME wiH WU masonable provatareats, to injrnnnz,w any darniqc to, the Cirent's openty Aing
coriduanfargETC&E Heel worlomwitumiri., I iootaar, in the nonnal courw of A& qpc a work some darnage may occur, and BC&-E Vill have, no
hably Rw thy s damage, BC &E bay ml y upon &fNnwhai supired by the (Am, or tin ctv,, or arrvaiRmls Invalwd, or Won-naum
avallb Rom go-MO a""Ind WpMbl swt Wn. vaRma u u&V ver dcathm- BC&E! wokcs am perhoryned solely Rg me Clwws bemck
No-,,orryao,or, smbr; ntraco:e, supplier, fabdodw, umain, oce"Wo corinum, M Ober H&A Par, am have my chns aymm )&M."
H may suMend WV Chait 606 to malurpaymem when dn, udw& line no habh1q,
to to climri, ;ray did iv,'or damage earned me Or gat bmun a sum wqwsron a no wvs.
LEMITATIONS 118JR]ING Ell -,:I,D WORK, CONSTRUCT(ON, OR REPAIR WORPL During. or as pan of the process of, Dell "o k,
canommir. ra vepary work, BC,!eE xT not cmml line AnTe of or be onponsible Ir cmurvisaw mom, mwWdk wcbnWwv nNumni or
procedwev, or by sably pmm&m and sally prMnum 0 annnuim wbi me MWM Owe no solely to msparraMy: A othem r AE n ma
the work in gaieral -c"InpInnyc's, with dto ccjwrr�st imahn"s A we conlyfion offl-re avork' supainToldmg the work corajfliam-�c "Vith
damry Ptilum it," cary'y oil( the p"ect A am ate. me It be 3(`:'&E will mi =5 or Inveanp ofac-s
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LITITTAMION OF LIABIT"Y A din bobst nien, Muldled Y run On Ofew "mu to haviHITA114 AWayid my; md A chom&
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�fviccsassomlbol with Im poNa is SWAM m ku, autually paid for scyviecs' Muchevel is govAm If Me ckw vshm a gumer M-nd"
flo"A"'I" svill "Au"nifit to olitairl ins"yotece u20 Orel-11"emil PON Tr do coo of OW hounmon h & hifuled to thk linear Awimly to my and A NAQ�
or causm a nim however Alge"w ON, uln Vwki=4 p&Ohd 1, kv,
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,,�Mhdoymv or mc,,di'", a projinsal at an"', b-ne, pnor to ac". "q'nancc' ta flie
FEES. EXPENSES, AND HILIJNG TERAIS, Am (owe chwgul Ra senho; am be wo-und on an hourly buk urylus Mhr w,-
rielde
in llcld v oeork, such as ainicon; MW mck, b WHed W qVVQrn=V 1% as A May; pa d" ne Client is
A"mmklnd clyarges wiH bebHkd on an but arral paywrow ART Aso ". Nnypef, unwe
load oothin ';u 'uys floo-t the nivoov"Jale a'j-, firer do and am incul an kderest chaqvc of 1,5`",'a per bronih, aS50 por Irionfli adyninistrative services
ckqq and rchmed symormsyl fees and ,t ]roar, expunws.
INSURAN'CE, 'bf-'--'eE is prorected ter '�encod' v"c"t-ker" nopkiyun, habonycownlgeby pulvies "rat en loynamal
Numne cwWwAs mund 4 dw X N1 Bear VmWmy =..a e,, b wym to am od oyrowA IAMB and ,ac ,a am a"HAN uyn nNust,
niuc,usedor adc"'flion"d m)ve, e?es lyla� bu, n-vailabic, and flr�.w cc,,n� oyt] la- i i,,J b; be CliecL
SUBPOENAS AND COURT ORDERS I he clivin, k naglalk V Pwatt of Me chwin. Wanney, to. mul other exileriss resubAg Rom a
re :ire d mWonw W subpemas or cc cart w&n as ar I ,ti: u t rdwj pay "mnybrig my pstj A MAE j urqL Ularges we basol on WHy,
in offow at the thine 3 d`M'5-,E' msponse
DISPUTE RESOLUTION, In al o, dr,POW sta Slen%ild ai`i:;cbvVnl Te UVM and ATE Be glok :a 2c. Tm a a wndrdw pwoms my
Me, x auer mini not be sTumud w mud arms 1 he awdlun "Of he rivinGly ap"d upry rant chosen Pam a Hm pmoand V,,
On Nmkm Arhmin Asvdaldnn in o%r sturace ofeywriethyd pmYsi-rud mclaw.
HAZARDOUS NIATERIAIS. MME! se"Ans 1) reA VdWo be RunktintAt of haz"Ildoua na'aiernfls' and HC&H so no I" to Wain, or
(unduding mold .sand nuldew) a amovanium, un what"m RMS .am v or hurwiler moluchod mth sua terms muAr my Adavd, multe, m Weir! saaTe,
nfle, oydyrelnce or ryl&n vMT pr, seiraly aim or my A M JIM A emnud or arnmak? F=Wt as sun NAHQ may tams ow of
s""de gioss nodgeme by do pc, honamwo ot rte w"s on to Project or W Me "Mo of hummaz ncraw a"Jime ha we dwrin in; clent
vifl bodd W' &d- harrylicss mid N&mWQ and t1ci'elol and it"', and aVnu kwn and against any and ad afar ms,
:a'xsuits' rhrrroq�7"cs- liability r'nd co t_ indWmg but WX AIM to umm of IsInse misung out of to in any vvy urnmued 00 be Kamm-,
dj',,xha-,ge, iclease, or e.mcape ofharzardon-, rrysaofiah',
f , " f-11' D OF DO(" I VE Nd
TOWN OF AVON, COLORADO 3
REGULAR COUNCIL MEETING FOR TUESDAY! MAY 23, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD
COUNCILORS DEB131E BUCKLEY
KRISTI FERRARO
MAC MCDEvrrT
AMY PHILLIPS
BRUIN SIPES
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN TOWN CLERK: PATTY MCKENNY
TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIE HALSURNT
THIS MEETING IS OPEN TO THE PUBLIC; COMMENTS FROM THE PUBLIC ARE WELCOME
ESTIMATED TIMES ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY, SUBJECT TO CHANGE WITHOUT NOTICE
PLEASE VIEW AVON'S WEBSITE, HTTP: //WWW.AVON.ORG, FOR MEETING AGENDAS AND COUNCIL MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND CITY MARKET
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
WORK SESSION AGENDA
MEETING BEGINS AT 12:30 PM
12:30 PM -12:45 PM 1.
APPROVAL OF WORK SESSION AGENDA & COUNCIL ASSIGNMENT UPDATES
a. PROCLAMATION FOR AVON ELF MENTARY SCHOOL (MAYOR PRO TEM
UNDERWOOD)
b. VVCTB & HEAVER CREEK MARKETING UPDATE (COUNCILOR PHILLIPS)
12:45 PM —1:15 PM 2.
STAFF UPDATES
a. Roundabout 4 Update (Benchmark Road/Avon Road Intersection) —
Preliminary Design for Full Roundabout (Norm Wood, Town Engineer)
Review of this preliminary design worts Completed by Ourston Roundabout
Engineering
b. Avon Business Registration Update (Patty McKenny, Town Clerk) Memo only
c. Financial Matters Report / Memo Only
1 :15 PM —1:45 PM 3.
EAGLEBEND AFFORDABLE HOUSING CORPORATION ( "EBAHC ") — PROPOSED
BOND REFINANCING (GERRY FLYNN, EBAHC)
1 :45 PM — 2 :30 PM 4.
EXECUTIVE SESSION (John Dunn, Town Attorney) pursuant to CRS 24- 6- 402(4)(b)
conference with attorney for the local public body for the purpose of receiving legal
advice on specific legal questions including the proposed vested rights ordinance and
report on oral argument on Cassidy's sales tax case
2:30 PM — 4:45 PM 5.
DESIGN WORKSHOP PRESENTATIONS (STEVEN SPEARS, CHRIS KILEY, REBECCA
LEO=Transportation
a. Center Update (30 minutes)
Update on project design and construction document preparation for the new
Transportation Center
b. Avon Town Center West Redevelopment Plan & Financial Analysis (90 minutes)
Summary of the findings and recommendations for the West Town Center Master
Plan, including urban design, development program, wayfinding and signage and
the financial analysis.
I.1' I
To: Honorable Mayor and Town Council
From: Patty McKenny, Town Clerk
Date: May 17, 2006
Re: Update on Avon Elementary Student Council Meeting
Summary: Tamra asked that the "Leadership Proclamation" adopted by the Avon Elementary
School Student Council be included in your packet. This Proclamation was presented by her at the
student council meeting held in the Avon Council Chambers on April 13, 2006.
Avon Elementary School,,
Town of Avon.,
State of Colorado
• 11�11y;i�q 111�.
1112916
I F1 •
Whereas, Democracy in the United States of America is based on
government of the people, by the people and for the people and
much of its strength comes from the committed participation of
ordinary people;
Whereas, sincere and productive communication between such
people contributes greatly to effective leadership;
Whereas, the citizen leaders of the Town of Avon have recognized
and applauded our participation in the community through our
student leadership at Avon Elementary School and have invited us
to meet within the Avon Municipal Building at least once each year;
Now,, Therefore, as the student leaders of Avon Elementary
School, we hereby proclaim a partnership with the citizen leaders of
the Town of Avon. This partnership will enhance communication
between the school and the town and focus on leadership within our
community.
Let this proclamation be entered into the official records of the Student
Council of Avon Elementary School.
In Witness whereof, I have hereunto set my hand this 13th day of April
2006.
Avon Elementary School,
Avon, Colorado
Lindsey Halvorson, President
Attest:
Patty McKenny, Town Clerk,
Town of Avon
I J� :■ I I me
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: May 16, 2006
Re: Roundabout 4 (Benchmark Road/Avon Road Intersection) - Preliminary
Design for Full Roundabout
Summary: Ourston Roundabout Engineering has completed the Preliminary Design for
the Redesign of Roundabout 4. The Preliminary Design follows and expands upon the
Conceptual Design which was presented earlier this year. This Design will accommodate full
turning movements with some limitations. In general the attached Preliminary Plan (Exhibit
1) shows a 28 foot width lane on the south side of roundabout in the vicinity of the existing
gated emergency lane. The slope of the lane from the center island is approximately 1.5%
which compares with a typical 2% cross slope on streets and roads. The grades on Avon
Road are increased from approximately 7% to 8% by raising the grade of the existing
roadway approximately 1.5 feet on the northbound lane and 2.0 feet on the southbound lanes.
These changes are generally within the confines of the current road and walkway alignment.
A preliminary cost estimate has also been prepared and is attached as Exhibit 2. The
estimated construction cost is approximately $322,000 with a total estimated project cost of
approximately $450,000. The total estimated project cost includes a 20% contingency item to
address unknowns based on the level of detail at this stage in the design.
This project is not in the current Capital Improvements Fund Budget but it is anticipated that
Council may wish to include it on the priorities list for consideration during the forthcoming
budget process which will be commencing in the next few months. No action is required at
this time unless it is the desire of Council to proceed immediately with final design and
construction.
The next step toward construction of this Project is to select a civil engineering firm to
coordinate final design details with Ourston Roundabout Engineering and to prepare
construction plans and specifications for the project.
(:AEngineering \CIP\Roundabout #4 \Phase 11 Menio.Doc
Recommendation: Provide comments and input with respect to the Preliminary
Design of the Roundabout 4 Redesign for revisions to be considered or incorporated into the
final design and construction documents.
Town Manager Comments:
Attachments:
Exhibit I Preliminary Plan Roundabout 4 Redesign (4 Sheets)
Exhibit 2 Preliminary Cost Estimate (2 Sheets)
1AEngineering\CIP\Roundabout #4\Phase 11 Merno.Doc
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ASPHALT REMOVAL
REMOVAL
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DRAWN: R. WELDON DATE: MAR. 2006
DESIGN: R. WELDON DATE: MAR. 2006
CHECKED: M. LENTERS DATE: MAR. 2006
TOWN OF AVON
EAGLE COUNTY, COLORADO g
REMOVALS
AVON /BENCHMARK
ROUNDABOUT
PROJECT NUMBER
DRAWING NUMBER
05919
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— — — — — — — EXISTING CONTOUR
REVISIONS
TO BE RESPONSIBLE FOR LOCATION OF ALL EXISTING 1
THE LOCATION OF EXISTING UTIL[TIES AS INDICATED ON THIS DRAWING.
OURSTON SSE
• ROUNDABOUT HORZ.
ENGINEERING T' s 20'
www.OURSTON.com
DRAWN: R. WELDON DATE: MAR. 2006
DESIGN: R. WELDON DATE: MAR. 2006
CHECKED: M. LENTERS DATE: MAR. 2006
TOWN OF AVON
EAGLE COUNTY, COLORADO
GRADING PLAN
AVON /BENCHMARK
ROUNDABOUT
PROJECT NUMBER DRAWING NUMBER
05919 GP -1
SEE DRAWING P -2
••� NOTES:
1) REFER TO DRAWING GP -1 FOR GRADING DETAILS.
2) REFER TO DRAWING PM -1 FOR PAVEMENT MARKINGS.
L
LIMIT OF CONSTRUCTION
STA. 0 +385.38
— — — — — TO FINISHED GRADE
P.I. 0+120.30 BHC 0 +27811 �,
PROP. CONC. CURB & GUTTER R -205
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STA. 0 +160.31 PROP. CONC. PAVER CROSSWALK ac ` REPLACEMENT
LIMIT OF SIDEWALK WITH CONC. BASE +°
STA. 0+201.56 RESTORE CONC. b ns •^�
PAVERS
SEE DRAWING P -2
REVISIONS
CONTRACTOR TO BE RESPONSIBLE FOR LOCATION OF ALL EXISTING
U/G & OVERHEAD UTILITIES. VARIOUS UTILITIES CONCERNED TO BE
GIVEN REQUIRED ADVANCE NOTICE PRIOR TO ANY DIGGING. FOR STAKE
OUT. THE REGION ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF
THE LOCATION OF EXISTING UTILITIES AS INDICATED ON THIS DRAWING.
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CHECKED: M. LENTERS DATE: MAR. 2006
TOWN OF AVON o
• •
MIT OF GRADING TO FINISHED GRADE
•
AVON /BENCHMARK
LIMIT OF CONSTRUCTION
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PROJECT NUMBER
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••� NOTES:
1) REFER TO DRAWING GP -1 FOR GRADING DETAILS.
2) REFER TO DRAWING PM -1 FOR PAVEMENT MARKINGS.
L
LIMIT OF CONSTRUCTION
STA. 0 +385.38
— — — — — TO FINISHED GRADE
P.I. 0+120.30 BHC 0 +27811 �,
PROP. CONC. CURB & GUTTER R -205
AVON ROAD $ CU AND GUTTER C.
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PROP. CONC. CURB & GUTTER 25'83 i
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EHC 0+338.3 WITH CONC. BASE
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LIMIT OF SIDEWALK WITH CONC. BASE +°
STA. 0+201.56 RESTORE CONC. b ns •^�
PAVERS
SEE DRAWING P -2
REVISIONS
CONTRACTOR TO BE RESPONSIBLE FOR LOCATION OF ALL EXISTING
U/G & OVERHEAD UTILITIES. VARIOUS UTILITIES CONCERNED TO BE
GIVEN REQUIRED ADVANCE NOTICE PRIOR TO ANY DIGGING. FOR STAKE
OUT. THE REGION ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF
THE LOCATION OF EXISTING UTILITIES AS INDICATED ON THIS DRAWING.
SCALE
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i °ft ='20'
ENGINEERING
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1. a 2.
WWW.OURSTON.com
DRAWN: R. WELDON DATE: MAR. 2006
DESIGN: R. WELDON DATE: MAR. 2006
CHECKED: M. LENTERS DATE: MAR. 2006
TOWN OF AVON o
EAGLE COUNTY, COLORADO 'g
AVON ROAD
AVON /BENCHMARK
ROUNDABOUT
PROJECT NUMBER
DRAWING NUMBER
05919
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CONTRACTOR TO BE RESPONSIBLE FOR LOCATION OF ALL EXISTING
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GIVEN REQUIRED ADVANCE NOTICE PRIOR TO ANY DIGGING, FOR STAKE
OUT. THE REGION ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF
THE LOCATION OF EXISTING UTILITIES AS INDICATED ON THIS DRAWING.
-- SCALE
OURSTON
ROUNDABOUT ; - °R- 20'
ENGINEERING VERT.
i• 2'
www.OURSTON.com
DRAWN: R. WELDON DATE: MAR. 2006
DESIGN: R. WELDON DATE: MAR. 2006
CHECKED: M. LENTERS DATE: MAR. 2006
TOWN OF AVON
EAGLE COUNTY, COLORADO
BENCHMARK ROAD
AVON /BENCHMARK
ROUNDABOUT
PROJECT NUMBER DRAWING NUMBER
05919 P -2
BENCHMARK/AVON ROUNDABOUT
PROJECT No. 05919
ITEM
--7-TENDER
DESCRIPTION
I QUANTITY
UNIT
UN-IT---T
PRICE
AMOUNT
SECTION GRADING, DRAINAGE, GRANULAR BASE, HOT MIX PAVING
1.0
GENERAL
1.1
Mobilization
1
L.S.
20,000.00
20,000.00
2.0
DEMOLITION
2.1
Sawcut Existing Asphalt
117
L.F.
2.50
292.50
2.2
Full Depth Asphalt Removal
10,829
S.F.
2.00
21,658.00
2.3
Roto-Milling - 2"
12,600
S.F.
0.30
3,780.00
2.4
Remove Crosswalk - Salvage Conc. Pavers
2,317
S.F.
3.00
6,951.00
2.5
Remove Sidewalk
3,012
S.F.
5.00
15,060.00
2.6
Curb and Gutter Removal
976
L.F.
12.00
11,712,00
2.7
Clearing and Grubbing
1
L.S.
5,000.00
5,000.00
2.8
Remove Traffic Arm
1
L.S.
500.00
500.00
2.9
Remove and Salvage Bollards
7
EACH
250.00
1,750.00
2.10
Tree Protection
1
L.S.
500.00
500,00
3.0
ROADWAY
3.1
Class 6 Road Base (6-inches)
305
C.Y.
65.00
19,825.00
3.2
Asphaltic Concrete Patchback 8" Deep
660
TONS
65.00
42,900.00
3.3
Asphaltic Concrete 2" Deep (over roto-mill)
160
TONS
65.00
10,400.00
3.4
Epoxy Paint Striping
600
L.F.
0.40
240.00
3.5
Preformed Plastic Pavement Markings
1
L.S.
4,000.00
4,000.00
16
Concrete Pavers Crosswalk w/Concrete Base
672.5
S.F.
32.00
21,520.00
3.7
Concrete Band
150
L.F.
30.00
4,500.00
3.8
Replace Sidewalk
3,027.5
S.F.
8.50
25,73175
3.9
Curb and Gutter Replacement Standard Gutter
380
L.F.
25.00
9,500.00
3.10
Curb and Gutter Replacement Wide Gutter
417
L.F.
30.00
12,510.00
RE
AVON COLORADO
PROJECT No. 05919
—F
TENDER
UNIT
ITEM
DESCRIPTION
QUANTITY
U NIT
I PRICE RICE
AMOUNT ($)
SECTION - GRADING, DRAINAGE, GRANULAR BASE, HOT MIX PAVING
3.11
Mountable Curb and Gutter
102.5
L.F.
25.00
2,562.50
3.12
Sod on 4" Topsoil
2,540
S.F.
3.13
Reinstall Concrete Pavers
605
S.F.
25.00
15,125.00
3.14
Reinstall Bollards
7
EACH
250.00
1,750.00
3.15
Structural Fill
450
C.Y.
30.00
13,500.00
4.0
UTILITIES
4.2
Adjust Light Pole to Grade
4
EACH
1,500.00
6,000.00
5.0
TRAFFIC CONTROL
5.1
Equipment and Personnel
45
DAY
1,000.00
45,000.00
Total Estimated Construction Cost
322,269.75
Estimated Design Cost
30,000.00
Surveying, Construction Observation & Testing
15,000.00
Contract Administration & Public Relations
5,000.00
Contingencies @ 20%
74,500.00
Total Estimated Project Cost
446,769.75
Recommended Project Budget
$450,000
TOTAL FOR SECTION $ 446,769.75
FT-2
I iT
To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
171 Yoder Avenue (inside
Jacquie Halburnt, Asst. Town Manager
From:
Patty McKenny
Date:
May 17, 2006
Re:
Business Registration Update for Avon
Summary: A request has been made to include a list of new businesses registered in Avon in your packet,
so below is a list of the new businesses and closed businesses in Avon.
NEW BUSINESS REGISTRATIONS
Name of Business
MG Cleaning
Lucas & Lola, Inc.
Da-Vi Nails #1199
Rornex. Enterprise d/b/a
Golden Oven Pizza & Salad
Factory
Street Address
0010 Stonebridge Dr. T
104
Type of
Business Open Date
Service - cleaning 4/1/2006
610 E. W. Beaver Creek RetailSales -
Blvd.
artwork at local
yes
markets
171 Yoder Avenue (inside
Service - nail
Wal-Mart)
salon
240 Chapel Place, #113
Restaurant
TERMINATED BUSINESS REGISTRATIONS — NONE AT THIS TIME
4/1/2006
5/1/2006
5/1/2006
Home
Office
New Bus (NB) or
New Ownership
(NO)
yes
NB
yes
NB
no
NB
no
NO
FINANCIAL MATTERS
May 23, 2006
1. YTD Building Revenue Report Actual vs Budget - April 2006
2. Detail Real Estate Transfer Taxes - April 2006
3. Accomodations Tax Worksheet Actual vs Budget - March 2006
4. Sales Tax Worksheet Actual vs Budget - March 2006
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Town of Avon
Real Estate Transfer Tax
Calendar Year 2006
Purchaser Name
Property
Amount Received
Mar -06
$ 426, 038.86
Timeshare Transfer
Christie Lodge Timeshare
2.00
Timeshare Transfer
Christie Lodge Timeshare
2.00
Timeshare Transfer
Christie Lodge Timeshare
2.00
JRA Sercies Inc
Christie Lodge Timeshare
20.00
Backporch Timeshare
Christie Lodge Timeshare
60.30
Timeshare Transfer
Falcon Pointe Timeshare
2.00
1st American Heritage
Falcon Pointe Timeshare
10.00
1st American Heritage
Falcon Pointe Timeshare
140.00
Title Comp Rockies
Mtn. Vista 06 -12
5,024.10
Title Comp Rockies
Mtn. Vista 06 -13
7,433.60
Title Comp Rockies
Mtn. Vista 06 -14
5,449.00
Backporch Timeshare
Mtn. Vista 1406/1408 week 21
240.00
Holiday
Mtn. Vista 1305 week 48
100.00
Backporch Timeshare
Lakeside Terrace
32.00
JRA Sercies Inc
Lakeside Terrace
100.00
Title Comp Rockies
Lakeside Terrace 06 -13
300.00
Title Comp Rockies
Lakeside Terrace 06 -14
380.00
Title Comp Rockies
Lakeside Terrace 05 -34
190.00
Kenneth R. Bridges II
Barrancas II L -36
3,800.00
David Chagala
Bridgewater Terrace A -5
7,100.00
Arthur L Glickman
Greenbrier Condos I D -27
6,300.00
Katherine Kerns & Mark Leathers
La Vie Bonne Townhomes F
4,290.00
Ideology LLC Colorado Limited
Metcalf commercial 109
6,000.00
Southerlan Revocable Trust
Avon Plaza A -102 B
6,900.00
John Slevin
Avon Plaza B -107
11,200.00
Kyle C. Roberts
Sunridge @ Avon B -302
5,900.00
Mark Murphy
Sunridge @ Avon E -307
1,900.00
Jason Wesberger & Brain McNulty
Sunridge @ Avon II B -204
5,500.00
Karin E. Shaw
Sunridge @ Avon II E -303
2,780.00
Katherine A Renthal
Sunridge @ Avon II Q -102
2,780.00
Levon & Liudmila Gevorgyan
Benchmark Condos A -1
3,840.00
Edward Lewandowski
Benchmark Condos A -2
250.00
David Wieder
Benchmark Condos A -8
180.00
Francisco Holguin
Benchmark Condos A -10
2,730.00
Francisco Holguin
Benchmark Condos C -12
2,730.00
Clint Rohrer & Brandon Jozwiak
Benchmark Condos C -15
190.00
Qwest Corporation
Lot 11 Blk 1 Benchmark
34,000.00
Richard & Julie Liberante
Chapel Square B -330
12,900.00
James & Phyllis Chrisman
Canyon Run F -202
13,000.00
Michael & Karen Weiss
The View Townhomes A
14,100.00
Purchaser Name
David J. Tvka
Ballsmd Realty LLC
Pia & Tomas Jablonski
Martha A.Werner
ChadotteVVinaaner
James &KhotaFnoego|a
Declaration ofTrust
Town`~
~ ��� ~^~~°�� ""
Real Estate Transfer Tax
Calendar Year 2006
Property
Lot 7VVUdridooAcres
Enclave @WildvoodA
Cufoudo Townhouses A
Lot 8-B B|h5VW/dhdge
Lot 38-BB/h2V0kdhdQo
Lot 77-VVB|k4VVikdhdge
Lot 90-B 8|k 1 Wi|dhdQe
Total April Revenue
TotaWYTD Revenue
Total 2006 Budget
Variance, Favorable (U
Amount Receive
12,700.00
9,900.00
9,800.[0
7,BOO[0
14,800.00
22,000.00
12,775.00
883.870.88
� (1.816`32814)
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Professional Property Management
Memorandum
To: Avon Town Council
From: Gerry Flynn
Date: May 18, 2006
Re: Eaglebend Affordable Housing Corporation
Bond Refunding Opportunity
May,23ra TOA Work Session
As outlined previously at your April 11, 2006 Regular Council Meeting, Eaglebend Affordable Housing Corp
( "EBA ") is looking at opportunities to help fund additional maintenance capital for it's 15 year old rental
housing project. To this end, we have explored an advance refunding of its $18.8 million outstanding bonds,
which are callable as of July 1,2007.
As outlines on the attached Multi -Year Capital Plan, we have upcoming needs that could average $500,000 over
the next several years. This plan will help keep the project looking and functioning like a newer project as
opposed to a 15 year old rental project. We are currently funding approximately $300,000 per year in
maintenance capital from internally generated cash flow. Our board would like to see this amount increased.
Also attached is an outline prepared by DA Davidson & Co. (previously Kirkpatrick Pettis) of an advance
refunding proposal which could generate annual debt service savings of approximately $295,000, which could
be used to fund the needs described above. The bond refunding would need to be formally approved by TOA, as
EBAs 6320 municipal sponsor.
For reasons which I can describe in detail at the Work Session, it is not advisable to extend the final maturity of
these bonds without changing certain aspects of the relationship between TOA and EBA, as it relates to its 6320
sponsorship. This constraint impacts the balloon payment in 2021 included in the attached proposal.
Our board is concerned about the increasing interest rate environment that we find ourselves in currently and
believe it would be inadvisable to wait until the July 2007 call date. Our sense of urgency relates to trying to
lock an advance refunding rate before rates increase further. We are currently in a position to generate plenty of
annual cash flow to meet our future needs.
I look forward to meeting with you at your May 23'a work session to discuss this opportunity further. I can
provide additional financial analysis relating to the proposed refunding at that time, if needed.
RIVERWALK AT EDWARDS
28 SECOND STREET ♦ SUITE 215 ♦ EDWARDS, CO 81632 ♦ 970 - 926 -8686 o FAX 970- 926.8690
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A A A A,
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: May 16, 2006
Re: Avon Transit Center - Project Update
Summary: Steven Spears of Design Workshop will be presenting an update of
the Avon Transit Center. Specifically Steven will be discussing changes to the 95%
construction drawing package and responses to the conditions from the Planning and Zoning
Commission. In addition to the Conditions listed with Design Workshops response in the
attached Memo (Exhibit 1), particular input will be needed from Council with respect to
snowmelt options in the facility. These options will be discussed in the presentation.
Town Manager Comments:
Attachments:
Exhibit I Memorandum - Conditions & Response Summary
1:\Enginceriiig\CIP\Transportation Center\3.0 Design\[)[) Drawings\Memo 95%.Doc
*�:iC /fe/I 1 r I
TOWN CENTER WEST &
main street public improvements
AVON TRANSIT CENTER
Town Council Meeting
May 09, 2006
To: Honorable Mayor and Councilors
From: Norman Wood, Town Engineer
Tambi Katieb, Community Development Director
Steven Spears of Design Workshop will be presenting an update of the Avon Transit Center. Specifically,
Steven will be discussing changes to the 95% construction drawing package and responses to the Conditions
from the Planning and Zoning Commission. The Conditions are listed below, with Design Workshops
response.
CONDITIONS:
1. All lighting submitted is only conceptually approved, and will require submittal of a site lighting
plan in conformance with Chapter 15.30 ( "Outdoor Lighting Standards ") prior to final construction
document approval.
A photometric plan was submitted to the Town ofAvon Community Development Department. The Town has
purchased a prototype of the proposed streetlight to review and make comments prior to manufacturing.
Lights at the transit shelter will be provided in a materials board.
2. Seating in the Transit Shelter shall accommodate a minimum of 20 people.
The transit shelter will seat 18 people, comfortably. Design Workshop has provided additional benches
throughout the transit center area.
3. A speed table /crosswalk at the entry to the Transit Center from both east and west approaches shall
be included in the plans prior to final construction document.
Crosswalks have been provided at each end of the transit center, identified with a change in color concrete.
4. Signs shall not be internally illuminated cabinet signs. Signs will be fabricated out of wood or metal,
and illuminated only by the light fixture.
All signs cabinets will be constructed of metal, painted to match light posts. The transit signs will be
illuminated by the lumens coming off of the streetlight.
5. The road plan for railroad crossing from the Transit Center shall be revised to be consistent with
final approval of the material and paving concept.
Design Workshop has provided design comments and necessary specifications to the Town ofAvon and their
consultant that reflects design changes necessary so that the railroad crossing and the "connecting carpet "
match.
6. A 15mph speed limit shall be posted for the extent of the Transit Center from both east and west
approaches.
Civil engineer to place in their plans prior to construction.
7. A temporary connection shall be installed from the Transit Center to the existing Town mall until
final approval of design plans for the Benchmark Court connection.
A 10' wide asphalt path has been included connecting the "Town Mall" to the transit center.
8. Modifications shall be provided as necessary to assure ADA compliance.
All applicable ADA standards have been incorporated into the construction drawings and specifications.
9. All paved areas added as part of this project to be snow melted.
The construction bid package will include a "bid alternate " to complete snowmelt per the direction of the
Town of Avon.
10. Gable vents to match 12:12 roof pitch or be integrated into the siding field.
Architecture drawings include gable vents at a 12:12 pitch
11. Lighting fixtures at shelter to be approved at later date.
Lights to be included in a materials board submitted to the Town ofAvon Community Development
Department.
12. Angle bracing to be one plane parallel to garage doors.
Architectural elevations have been updated with this requested change.
13. The cap at top of stem walls to be approved at a later date.
The cap at the walls are proposed to be made of stone (to match the veneer), 6" thick with a I " overhang.
14. Colors to be approved at a later date.
A materials board with all colors will be submitted to the Town of Avon Community Development
Department.
15. End window mullions to match garage doors with bottom panels to be spandled metal or non -clear
glass.
Architectural elevations show that the end window mullions match the garage doors as requested.
March 14, 2006
To: The Honorable Mayor and Councilors
Through: Larry Brooks, Town Manager
From: Tambi Katieb, AICP, Community elopment DeWir or
The Design Workshop team has concluded the Town Center West urban design scope in concert
with the Town Center West Financial Analysis.
Today's presentation represents a tremendous effort of the Design Workshop team to help us
advance good urban design that supports sound public improvements in our commercial core, and
provides us with a modeled basis for a financing and marketing strategy that can capitalize on the
opportunities and constraints examined.
Design Workshop will present their finding of both plans and further discuss how the two, along
with the market analysis, have been developed collectively. Specifically, they will be discussing the
following:
I. Project Objectives
A. Determine optimal mass and scale of infill parcels re: main street pedestrian
environment.
B. Assess development feasibility of infill parcels
C. Assess ability of private projects to contribute to public project costs.
D. Quantify public revenue streams resulting from redevelopment.
E. Determine ability of projected public revenue streams to cover public project costs.
II. Physical Form and Streetscape Design
A. Review of master plan, urban form and cross sections
B. Public cost estimate discussions
C. Review of branding, way finding and signage opportunities
IIL Financial Analysis Conclusions
A. Private infill parcels
B. Public revenue streams
C. Main street project costs
D. Public project costs vs. revenues
IV. Recommendations and Next Steps
These documents will be immediately available for the public on our website
www.avonn-iainstreet.com. Should you have any questions, please don't hesitate to call me directly
at 970.748.4002.
TOWN CENTER WEST &
Vo , I
main street
public improvements
March 14, 2006
To: The Honorable Mayor and Councilors
Through: Larry Brooks, Town Manager
From: Tambi Katieb, AICP, Community elopment DeWir or
The Design Workshop team has concluded the Town Center West urban design scope in concert
with the Town Center West Financial Analysis.
Today's presentation represents a tremendous effort of the Design Workshop team to help us
advance good urban design that supports sound public improvements in our commercial core, and
provides us with a modeled basis for a financing and marketing strategy that can capitalize on the
opportunities and constraints examined.
Design Workshop will present their finding of both plans and further discuss how the two, along
with the market analysis, have been developed collectively. Specifically, they will be discussing the
following:
I. Project Objectives
A. Determine optimal mass and scale of infill parcels re: main street pedestrian
environment.
B. Assess development feasibility of infill parcels
C. Assess ability of private projects to contribute to public project costs.
D. Quantify public revenue streams resulting from redevelopment.
E. Determine ability of projected public revenue streams to cover public project costs.
II. Physical Form and Streetscape Design
A. Review of master plan, urban form and cross sections
B. Public cost estimate discussions
C. Review of branding, way finding and signage opportunities
IIL Financial Analysis Conclusions
A. Private infill parcels
B. Public revenue streams
C. Main street project costs
D. Public project costs vs. revenues
IV. Recommendations and Next Steps
These documents will be immediately available for the public on our website
www.avonn-iainstreet.com. Should you have any questions, please don't hesitate to call me directly
at 970.748.4002.