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TC Council Packet 11-14-2006TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 1u%'2006
AVON MUNICIPAL BUILDING, 4@0 BENCHMARK ROAD
REGULAR COUNCIL MEETING AGENDA
MEETING BEGINS AT5:30 PM
1. CALL TO ORDER AND ROLL CALL
2' APPROVAL OF AGENDA
3' DISCLOSURE OF POTENTIAL CONFLICT OFINTEREST
4' CITIZEN AND COMMUNITY INPUT
@. Correspondence from Shannon Overcash regarding Wildridge Park Equipment (Ron Wolfe,
Mayor)
5' yJEVVBUSINESS
8. Stone Creek Elementary Charter School — Request for Waiver of Water Tap Fees The Village at
Avon, Filing 1, Lot 5 (Larry Brooks. Town Manager) request for the Town to waive or pay for water &
sanitary ser related tap fees associated with temporary school facility located on Lot
b. Intergovernmental Agreement with Eagle County for Animal Control Service (Brian Kozak. Police
Chief) Action requires 2/3 vote for approval / Consideration of |GAvvith County for animal control service;
including in2OO7budget
C. Intergovernmental Agreement with Eagle County F<egiOO@| Transportation Authority ("ECC)")
(Bob Reed, Transit Director) Agreement for parking buses, fuel, and maintenance services
S- ORDINANCES
7. RESOLUTIONS
G. Resolution NO. 06-42' Series of 2006, Resolution Reappointing C.G. Allen, |||. Municipal Judge
PUBLIC HEARINGS FOR RESOLUTIONS No. 0G-42 THROUGH 06-4G
b. Resolution NO. 05-43, Series of 2006, A Resolution Amend the 2006 Town of Avon Budget
(Scott Wright, Finance Director)
C. ReSO|UUOD No. 08-44. Series of 2000, A ReSU|Ud0n to /\DleOd the 2008 Town of Avon Capital
Projects Fund Budget (Scott Wright, Finance Director)
d. ReSU|udOD NO. 06-45. Series Of 2006. A R8S0|UdoD to Adopt the 2007 Town of Avon Budget
(Scott Wright, Finance Director)
e. Resolution NU. 06-48. Series Of 2008. A Resolution to Accept the Proposed Town of Avon Long
Range Capital Program And Simultaneously Adopt the Year 20O7 Capital Projects FUndBudg8t
(Scott Wright, Finance Director) .
f. ReSO|UtiOD NO. 08-47, Series of 2006. F{eSO|Uti0n Certifying Delinquent Real Estate Transfer
Tax for CO|ieCtiOO by the Eagle County Treasurer (Scott Wright, Finance Director) Action asking
County Treasurer to collect delinquent real estate transfer taxes
g Resolution NO. 00-48. Series Of 2006. A F<eSO|UtioO Approving the Amended Final P|at, A
Resubdivision of Lots 12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado
(Norm Wood, Town Engineer) Review of amended final plat creating duplex units for 2100A and 2190B
8add|eridgeLoop
8. UNFINISHED BUSINESS
Avon Council Meetiny.nn.1t1*
Page am1
TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESo", NOVEMBER 14, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
REGULAR COUNCIL MEETING AGENDA
MEETING BEGINS AJ5:38PKO
8' OTHER BUSINESS '
10' TOWN MANAGER REPORT
11. TOWN ATTORNEY REPORT
12. MAYOR REPORT
1J. FUTURE AGENDA ITEMS: MILL LEVY CERTIFICATION, VVH|TEVVATER PARK MARKETING AGREEMENT,
FAMILY MEDICAL LEAVER ACT, IMPACT FEES, URBAN RENEWAL AUTHORITY BLIGHT STUDY PROPOSALS
14. CONSENT AGENDA
8. Minutes from August 22.2000. September 12 and 28'2008. October 1O and 24.2OO6
b. Service Agreement with Vail ASSOCiGteS. Inc. ([>./\.F<) (Bob Reed. Transit/Public Works Director)
Annual agreement for fleet maintenance
C. Eagle River FleonB8UOD Enhancement Project — Ted Seipe| Construction, Inc. Contract Change
Order NO. 1 (Final) (Norm Wood, Town Engineer) Costs related to the vvhiteweter park project and
agreed upon in the original contract
d. Town Of Avon 2OO7Street Improvements PnDgr8Ol 8UO0Q0@ry& Design Services Proposal from
Intermountain Engineering, Inc. (Norm Wood, Town Engineer) Response to Request for Proposals for
O7 street improvements
e. Roundabout 4' Conversion to FU|| R0UDd8bOUt — Inter-Mountain Engineering. L1d, Civil
Engineering Design Services P[OpOSa| (Norm Wood, Town Engineer) Proposal to include p|ans,
noote, specs, bid & contract documents for conversion of roundabout 4
15. FAREWELL COMMENTS OF OUTGOING COUNCIL MEMBERS
16. ADJOURNMENT
17. RECEPTION FOR OUTGOING COUNCIL MEMBERS — NOTICE IS HEREBY GIVEN THAT A RECEPTION WILL BE
HELD IMMEDIATELY AFTER THE REGULAR MEETING OF THE AVON TOWN COUNCIL AT VISTA RESTAURANT
LOCATED AT 48 E. BEAVER CREEK BLVD. PLEASE JOIN US|N THANKING THE OUTGOING MEMBERS OF
THE AVON -[0VVN COUNCIL FOR THEIR YEARS OF SERVICE
Avon Council Meeuno.mo.n.1*
Page 4«r4
ji
To: Honorable Mayor and Town Council
From: Patty McKenny, Town Clerk
Date: November 9, 2006
Re: Citizen & Community Input
Summary:
Attached is a letter from a young resident in Wildridge regarding a request for the Fire Station Park.
Mayor Wolfe asked me to include it in the packet.
FOMERMILMLUM
lAso, know that have asked a lot bt as you can tel by my purple pen me
and all my friends 2:¥( »°f girls and some that are boys like purple. So if
maby you could get the swing you could make it purpleL *© maby pink for
cancer: yk2<e« Evan though October is over.
A New Swing
Stephanie
Adrianna
Lindsey Halvorson
Hollywood (sp ?)
Heather Radick
Shannon Overcash
Hanna Sabin
Carson Maxwell (sp ?)
Pation (petition)
11/7/06
11/7/07
11/7/06
11/7/06
11/7/06
11/7/06
11/7/06
11/7/06
I4 I I me
TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date: November 9, 2006
Re: Stone Creek Charter School - Request for Waiver of Tap Fees
The Village (at Avon) Filing 1, Lot 5
Summary: Bill Hammer representing the Stone Creek Charter School has requested
that the Town of Avon waive or pay all water and sanitary sewer related tap fees associated
with temporary school facility located on Lot 5. His request is based on, the School is leasing
the site from the Town and as such the Town should be responsible for providing utilities.
Paragraph 10 of the "Stone Creek Elementary School Lease Between Town of Avon and
Stone Creek Elementary" (Exhibit A) states, "The School shall be responsible for all utilities
furnished for the premises. This condition in the Lease is consistent with status of current
plans and use of the site. The Town has been using this site for snow storage and has no
irmnediate or specific plans for other uses on the site. The 2007 Capital Projects Fund Budget
includes development of a Master Plan Development for the Swift Gulch Public Works Site
and the Village Lot 5 Site. That Master Plan may well define a specific use and development
time frame for Lot 5 which would also help determine future water and sanitary sewer
requirements for the property. Payment of Tap Fees prior to having a development plan and
schedule is premature and likely a poor investment.
It has also been implied that the Town of Avon is the recipient of at least some of these Fees
and as such the Town should not be collecting Tap Fees in addition to the Lease payment.
The attached Stone Creek Charter School Tap Fee Breakdown (Exhibit B) includes a Table
showing how much of the Tap Fee Revenues are retained by each applicable entity. It should
be noted that the Town of Avon retains NONE of the $ 46,377 in associated Tap Fees for a I-
inch water service on this site.
One alternative is to follow the agreement as written and the Charter School is responsible for
all Tap Fees required for their use.
1AEngineering\Avon Village\2.0 Filing I Tot 51Tap Fee Memo-l.Doc I
A second alternative that Council may wish to consider is to amend the Lease Agreement to:
1) Reimburse the Charter School for the base water Tap Fee ($10,400) for a 1 -inch Tap.
This Tap would remain with the property and we would have a pre -paid 1 -inch Tap that
would be available to the Town for use with future site development. This Fee would be
forwarded to Traer Creek Metropolitan District which in turn is obligated to forward 20%
($2,080) to Eagle -Vail Metropolitan District per Paragraph 3. A., B. and C. in the 'First
Amendment to Water Service and Tap Fee Allocation Agreement" (Exhibit C) between
Eagle -Vail Metropolitan District, Town of Avon, EMD Limited Liability Company (Traer
Creek Metropolitan District) and the Upper Eagle Regional Water Authority.
2) Stone Creek Charter School finalizes agreements with other applicable entities for
deferred payments for remainder of Fees. These Fees would be credited to the school and
could be applied to the new school location as applicable. Traer Creek Metropolitan District
has agreed to waive The Villager (at Avon) Incremental Sewer Tap Fee (1 -inch meter
$3,921.00) and Water Development Fee (1 -inch meter $5,200.00) for one -year for Stone
Creek Elementary School per attached letter (Exhibit D). This Fee, if paid, would only be
transferable to a new school location if it were located somewhere in The Village (at Avon).
Eagle River Water and Sanitation District sewer tap fees should be transferable to any other
location within the boundaries of the District and the Upper Eagle River Regional Water
Authority plant investment fees should be transferable to any location within the boundaries
of the Authority.
With this arrangement the Town would prepay for a 1 -inch water service tap that would
remain with the site but will be unused for an indefinite period of time. The Charter School
would make deferred payments on the remainder of the water and sewer related tap fees and
would receive credit for all fees paid if they locate to another site within The Village. If it
relocates to an area outside The Village but within the Boundaries of ERW &SD and the
UERWA they would receive credit for all fees paid with the exception of deferred fees paid to
the Traer Creek Metropolitan District
Due to the highly sensitive nature of this issue we recommend the Council follow the above
second alternative and propose an Amendment to the Stone Creek Elementary School Lease
Between Town of Avon and Stone Creek Elementary to:
1. Provide that the Town will pay the Base Water Tap Fee for a 1 -inch water service tap
and the water tap will remain with the property.
2. Allow the School to make arrangements with other applicable entities to transfer all
other water and sewer related tap fee payments and rights to the future location of the school
as may be applicable.
l:AEngineering\Avon Village12.0 Filing 1 \Lot 5 \Tap Fee Memo -l.Doc 2
Recommendation: Authorize preparation of an Amendment to the Stone
Creek Elementary School Lease Between Town of Avon and Stone Creek Elementary to:
1. Provide that the Town will pay the Base Water Tap Fee for a 1 -inch water service tap
and the water tap will remain with the property.
2. Allow the School to make arrangements with other applicable entities to transfer all
other water and sewer related tap fee payments and rights to the future location of the school
as may be applicable.
Alternatives: Leave Stone Creek Elementary School Lease Between Town of Avon
and Stone Creek Elementary as it exists with the provision that, "The School shall be
responsible for all utilities furnished for the Premises."
Proposed Motion: I move to authorize preparation of an Amendment to the Stone
Creek Elementary School Lease Between Town of Avon and Stone Creek Elementary to:
1. Provide that the Town will pay the Base Water Tap Fee for a 1 -inch water service tap
and the water tap will remain with the property.
2. Allow the School to make arrangements with other applicable entities to transfer all
other water and sewer related tap fee payments and rights to the future location of the school
as may be applicable.
Town Manager, Comments:
r' -,,i-
Attachements: r�
Exhibit "A" Stone Creek Elementary School Lease Between Town of Avon and Stone
Creek Elementary
Exhibit "B" Table l: Stone Creek Charter School Tap Fee Breakdown
Exhibit "C" First Amendment to Water Service and Tap Fee Allocation Agreement
Exhibit "D" Traer Creek Metropolitan District Letter Waiving 1 -inch Incremental Sewer
Tap Fee and Water Development Fee for One Year for Stone Creek
Elementary
Exhibit "E" Lease Agreement Between The Town of Avon and Traer Creek RP,LLC
I:AEngineering\Avon VillageA2.0 Filing 1 \Lot 5 \Tap Fee Memo -I.Doc 3
If 1-i
TOWN OF AVON, COLORADO
RESOLUTION 06-30
SERIES OF 2006
A RESOLUTION APPROVING A LEASE BETWEEN THE
TOWN AND STONE CREEK ELEMENTARY SCHOOL
WHEREAS, Stone Creek Elementary School has requested that the Town enter into
a STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND
STONE CREEK ELEMENTARY ("the School Lease") whereby the Town will lease Lot 5, The
Village at Avon, Filing I ("Lot 5"), to Stone Creek Elementary for a term from July 1, 2006, to
June 31, 1, 2007; and
WHEREAS, Lot 5 is currently designated as a public works site pursuant to the
Annexation and Development Agreement for The Village (at Avon); and
WHEREAS, by Resolution No. 06-29 the Town Council approved a LICENSE
AGREEMENT between the Town and Traer Creek RP, LLC to provide to the Town an alternative
public works site during the term of the School Lease;
NOW, THEREFORE, BE IT RESOLVED:
1. The School Lease, a copy of which is filed with the minutes of this meeting, is
hereby approved.
2. All action heretofore taken by the officers of the Town of Avon relating to the
same is hereby ratified, approved and confirmed.
3. This Resolution is contingent upon the adoption of Resolution No. 06 -29.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the 13th
day of June, 2006.
&F
AT LEE S E A 11
nl��_l <d. g�,
-A
Ronald C. Wolfe, Mayor
I
STONE CREEK ELEMENTARY SCHOOL LEASE
BETWEEN
TOWN OF AVON AND STONE CREEK ELEMENTARY
PARTIES. The parties to this Lease are the TOWN OF AVON, COLORADO
(Town), a Colorado municipal corporation, and STONE CREEK ELEMENTARY
(School), a Colorado Nonprofit Corporation.
2. PURPOSE AND AUTHORITY. The parties enter into this Lease for the benefit of
the School for the education of the children of Eagle County. C.R.S. § 31-15 -
713(l)(c) grants to the Town the right to enter into this Lease.
3. PREMISES. The Town hereby leases to the School the surface rights for the
property described as Lot 5, The Village at Avon, Filing 1 (Premises), situated in the
Town of Avon, Colorado. Attached as Exhibit A is a schematic map depicting the
building, packing lot, playground, utililities and other improvements, all of which
shall have the prior approval of the Town staff. Attached as Exhibit B are elevations
of the building including depiction of its exterior construction.
4. COVENANT OF QUIET ENJOYMENT. The Town warrants that it owns the
Premises in fee simple; that the property is clear and clear of all liens and
encumbrances; and that it has the fill right and authority to enter into this Lease. The
Town warrants that the School shall enjoy the possession and use of the Premises in
peace and without disturbance or interference.
5. TERM OF LEASE. This Lease shall commence on July 1, 2006 and shall continue
for a period of one year, ending June 31, 2007. The Premises are currently in use by
the Town for snow storage and in the future will be a permanent public works site.
During the term of this Lease and for the term of this Lease, the Town will enter into
a lease with Traer Creak RP, LLC for a replacement site described as a part of Tract
B, The Village (at Avon), Filing 3. Upon termination of that lease, the Town will
have an immediate need for the premises which is recognized by the School. This
Lease will therefore not be renewed or extended for any reason. The School will
inform its teachers, parents and students of this provision and will actively discourage
them from any efforts, whether before the Town's council or in the press, seeking
extension or renewal of this Lease. The School will provide the Town with quarterly
written reports describing its efforts at locating a permanent site.
6. RENT. The School shall pay rent of TWENTY -ONE THOUSAND TWO
HUNDRED Dollars ($21,200) per year, $5,000 of which shall be due and payable on
the first day of the Lease, and the balance of which shall be due and payable on
October 15, 2006. The School shall also pay any real property taxes assessed against
the Premises and any additional insurance costs incurred by the Town.
v
7' OBLIGATIONS OF THE SCHOOL.
7.1 Use Restriction. The School shall use the Premises only for school purposes
and in compliance with any and all restrictions contained in its Charter and
state law, any and all restrictions contained iothe approval ofu special review
use by the Town and any and all restrictions contained iu the approval ofthe
The Village Design Review Board. The School shall establish and ouuio1uio an
ootroacbprograrofbr''o1-riok" childreuoodaballprovideovidenoetbczeufto
the Town along with quarterly reports ao1othe success of that program. Any
non-scholastic use ofthe Premises shall have the prior approval of the Town
staff. In the ovoo1 the School persists in using the Premises for upurpuan other
than school purposes in violation o[ this Lease or violates the restrictions um
a1oznauid, 1he Town may terminate this Lease by giving prior written notice of
the vioio1iou. The School shall then cease using the Premises for the remainder
uf the term,
7.2 Right toCure. Upon receipt ofa notice o[ violation oz presumption nf
abuodom-ncut,dbe School shall have the right to cure such violation within ]0
days nf such notioo before the Town may terminate the School's leasehold
interest for violation or initiate u civil action in the District Cnnd for Eagle
County, Colorado.
7.3 Purchase o[Improvements. When this Lease is terminated, the School shall
rconorc my and all improvements that it may have erected on the Premises and
restore said premises to essentially the auozo condition which existed at the
inception ofthis Lease, (o the satisfaction of the Town. The 8oboo1 shall
provide urestnru(ionbnodin the amount of$250,O0O,iu the form ofcash,
letter ofcredit or other security acceptable to the Town ioits sole discretion, to
guarantee i<s compliance with this Subparagraph.
&. KNDEMNIFIC.NIION AN[) LIABILITY INSURANCE. To the extent
by law, the Scboo|obaUiodconnifvuod keep harmless the Tovmzfi-ozu: 1) any
expense incurred by the Tmmzio cn1obng into and performing this I.eooc; 2) any and
all loonco, domogcs, rbargea or claims arising out ofthe operation ofuschool facility
ou Town property, ino|odin!in/ithoot limitation from any violations of The \/iUugc
Design Review Board and Ionn approvals, the School's Charter or state law ; 3) any
and all losses. dannagua, charges or claims resulting from personal injury, dea1bur
property daniage, OCCUrring ori the Prernises; and 4) any costs, including attorney s
teeo`whetbcro[(|IcTopnn/\ttorocyorotbermttorueye,zc]uhogtu2)tbrouob4)
above.
8.1 The School xbol|y|noe arid cuaintubnut all times, a1 its sole erponoc,u general
UabiUt?ioynronccpolicyrvithrcupect\othe9rezniooaiupd`ichtbcbzokxo[
liability xho||6o not less two million dollars ($2,[00,000 for each occurrence
and with aounnuo| aggregate coverage o [ not less 1boofive nzdUnu
W_
M
8.2 All general |iabJitv insurance required ofthe School abaU include the Town eo
aoudditioou| insured and shall include u provision requiring the insurer to give
the Town d Iru'(30) days notice prior bocancellation.
8.3 Certifioutesof insurance issued 6v the insurer shall bofiledhy the School with
the Town N,,-1 thin 10 days after the date of this Lease is executed by the School.
g. PROPERTY 0N8DIZAINCE. The School shall obtain and maintain during the term
of the Lease and nn?renewal period, property insurance inuo amount equal to or
greater than the c, rcot appraised value of the school buildings and other
improvements or tbo Proouiuco 10 inaoru said io�pruvcu�en1a p/iLbrespect to fire, flood,
and other typical ]ocu| hazards, and cedifiuu1coof such insurance issued hythe
insurer shall hu 'by the School with the Town within l0 days after the date of
completion o[ the boi]diog and other improvements. The School agrees that if any or
all of said impro,, -n�,.',nts are daniaged or destroyed, said damage shall be promptly
repaired or replac, - ',oiit iinprovenients promptly erected on the Premises by the
School, upp|yin�� ,reto any i000raocc payments received hyit; provided, however,
that if said domo� oc destruction exceeds 50Y6nf the current appraised value oIsaid
improvements, Uu` �chool obuD be required to repair orreplace said improvements
only bothe evcn1i|is reasonable ot that time for dtucontinue operating a school oo
the Premises.
10. UTILITIES. Ih� chool obo]i ho responsible for all utilities furnished for the
Premises.
Il. MAINTENANC The School ,haD keep and maintain the Preozuma` including
improvements ox --e1aLou, iii u�!ond clean and healthful condition, making repairs
n«neuooaarvati\s,./1e cost and expense. The School shall hc responsible for snow
removal at is sol,, ,,.t and expense.
12. IMPROVEMEIN
cost and expense,
rep}acements,inq
improvements th
ouuu/og`ompror`
erected oo the Pr
coerebyycrozuomn
|on aer than n:oco'
improvements, o:
�. The School ozuy with consent of the Town staff and a1 its sole
uoyLiroe ondboru time to time make such alterations, changes,
vcnucotx xnd udJi1ionxt* the Premises and the buildings and
,ii as it may dccni desirable, including the demolition n[any
nA, and/or o1ructuze that now nr hereafter may he situate or
scu` provided that the use of the Premises uau school site ionot
terminated or abandoned, nor curtailed for n period oftime
|yrequirud|oO
�cct such u|tnrad replacements,
13. LIENS, The Sc; xbuJ} not yu��c orycnnk u lien to be asserted orfiled against the
Prcozecnudobzc )fits oporu innsoractbitoy. If alien ia asserted ozfiled against
the Premises, 1hc mu| ,;hall promptly oaoau the \bun to be removed, Upon failure 10
do so, the Town oudsfv and cuosctbc lien to be removed and the School agrees
to reimburse the ii on deiuijiJ t'(,,i- the costs and expenses of any such proceeding.
��
��
14. CONSULTATW
4'. The parties acknowledge that, over the term of this Lease issues
may arise concern..
ig implementation of this Lease that the parties have not now
contemplated. Rc,
)gnizing that a high level of cooperation between the parties is
necessary and des"
able, the parties agree to consult with each other from time to time
concerning this Le
se. The parties further agree that their respective representatives
will meet to condi:
1 such consultation upon 10 days written request given by one
party to the other ,
rty. In addition, each party shall from time to time designate in
writing such part,
"contact person" for all matters involving the administration of
this Lease.
15. NOTICES. Any Mice required or permitted by this Lease shall be in writing and
shall be deemed tr Dave been sufflicilently given for all purposes if sent by certified or
registered mail, pC -Ige and fees prepaid, addressed to the party to whom such notice
is intended to be L en at the address set forth on the signature page below, or at such
other address as I;, been previousJy -furnished in writing to the other party or parties.
Such notice shall ,deemed to have been given when deposited in the U.S. Mail.
16. DEFAULT ANT)
considered materl:
of the covenants (-,
requirements of fl,
written notice of
a period of more
party, without fur,
terminate all rigL
further force or c!',
full force and effc
damages. The Tc
default itself and
rate of eighteen (
to collect interest
default in the eve,
All terms and conditions of this Lease are
In the even! 1 li,lt either party defaults in the performance of any
greements to lie kept, done or performed by and under the
[,ease, the ii(,ii-defaulting party shall give the defaulting party
1i default, an(-! if the defaulting party fails, neglects or refuses for
a 10 days ti i �i f'ter to cure the default, then the non-defaulting
er notice, may, in addition to any other remedies available to it,
:Iid privileges �,i,iiifed in this Lease and this Lease shall be of no
ct. If the nor �,!)ulung party elects to treat this Lease as being in
the non -dell , tii-i,, party shall have the right to an action for
further sb,,il' )c entitled, in the event of default, 1) to correct the
�ssess the co,], th�reof to the School, together with interest at the
percent per accruing from the time of assessment and 2)
the rate of c is ..:cen (18) percent per annum from the time of
If any moiic° or"lult.
17. WAIVER OF P! 'ACII. The t ver by any party to this Lease of a breach of any
term or provisloii -this Lease iiot operate or be construed as a waiver of any
subsequent breac, %, any party.
18. ASSIGNMENT, xeither party , lJs Lease shall transfer or assign any interest in
the Premises t first obtain: �,,, 11- written consent of the other party.
19. SEVERABILIT
If any prow: ,-
['this Lease or its application is finally
determined to be i
a I I d, void, c
t"orccable by a court of competent jurisdiction,
such provision si;
be deemed �
-c severable, and all other provisions of this Lease
shall remain ftill,,
forceable, �r
is Lease shall be interpreted in all respects as if
such provisions
omitted.
20. PARAGRAPH CAPTIONS. 1"Ce captions of the paragraphs are set forth only for
convenience and -,ference, and are not intended in any way to define, limit, or
describe the see,- 2 or intent of this Lease.
21. ADDITIONAL DOCUMENT.,; OR ACTION. The parties agree to execute any
additional docui-;cnts and to take any additional action necessary to carry out this
Lease.
22. INTEGRATIO--' AND AMEN!' 1 -,'NT. This Lease represents the entire agreement
between the par!' s and there are,, fu) (,!-al or collateral agreements or understandings.
This Lease may 1 e amended onl,, by an instrument in writing signed by the parties.
23. NO THIRD PA' ° TY BENEF I ' '!ARTES. None of the terms, conditions or
covenants set for,:i in this Lease 2a i I give or allow any claim, benefit or right of
action by any tlwl person not aj-!rty to this Lease. Any person other than the parties
to this Lease A+, )r which rece',, ., �(,!-vices or benefits under this Lease shall be only
an incidental be, iciary.
24. GOVERNING LAW. This Lei shall be deemed to have been made in the State of
Colorado, shall 1,., construed ur." ],,,Nvs of the State of Colorado and shall be
binding upon aii�. 17nure to the b of the successors and assigns of the parties to
this Lease.
25. IMMUNITIES ZESERVED. is the intention of the parties that this Lease shall
not be construed .s a contractu, i -i',, er of any immunities or defenses provided by
the Colorado Go �rnmental
1; Act § 24-10-101 et seq., Colorado Revised
Statutes.
26. DATE. 'JO-4 —' I 2 .2006
CREEK ELEMENTARY SCHOOL
"'N OF AVON
i�onald C. Wolfe, Mayor
W
ETWOMI
wn
COUNTY OF EAGLE
6F
Fd
ISEA
!tk
ss.
Subscribed ai,..,-1 sworn to befo�-e me this t- — day of '1"�v 2006, by
"4ac 0%§-President of Stone C" k Elementary School, a Colqrad nonprofit
corporation. (—�)—L-
Witness my hand and official sal.
My commission expires:
STATE OF COLORADO
ss.
COUNTY OF EAGLE
A rAk
. 0
is
MY
14/Qr7 IQ0 Ic
The foregoing document was subscribed and sworn to before me this to
day of J")-4 —, 2006, by Ronald C. V17nI fe as Mayor and Patty- McKenny as Town Clerk
of the To of von.
My commission expires:
Witness my ha,n45�"
I�Mary ublic
0-
Commission Expire,,,, _4
a
10:4727 AM
gg WE PLM CMCWT
11CvI CREEK llE IAIII 101OCL
BLOCK 1, NLLAGE (AT AVM) HUNG I
TOM OF AWN, COLORADO
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io made and entered into thisa_;� dayof_Sfq, 1999,hv
and between the EAGLE-VAIL METROPOLITAN DISTRICT, a corporation
and political subdivision ufthe State of Colorado (the 'Iisbiut), the TOWN OF A\/ON,u
Colorado municipal corporation ("Avon"), and EM[LIMITED LIABILITY COMPANY, u
Colorado limited liability company, P\R]N}T7I.LC , u Colorado limited liability company,
PVRTNOTIIILLC` uCnlozudo limited liability company, and PVR7NOTT III I.LC, u
Colorado limited liability company (hereinafter collectively referred to as ^^EMD L]LC"). The
UPPER EAGLE REGIONAL WATER AUTHORITY (the ^ "Authority"), oquasi-municipal
corporation and political subdivision nf the State of Colorado, agrees tobu bound by the tucnzo
and provisions of this Agreement as though a party to the Agreement to the extent obligated by
its terms and conditions.
A, WIfG8EAS'EMD LLC and the District entered into o water service agreement
hhu^`�utor8�n�c� ldu1edMkzvl5,lg97`oudaoreodtnhvtbe Authority, by which
`-- Agreement") agreed �d o1�ruoniu�toproy�dyon/o�d6v�2�IJL�C
Lb�I)is�dutanddzu/�otbooLyu�ro provide ' '
pursuant 10 the 1ornzs and conditions contained therein;
B. WHEREAS, EMDLLCia the owner nf approximately |,789 acres 'in Eagle
County, Colorado, which land iomore specifically described inthe Water Service Agreement
C. WHEREAS, Avon and the District are Contracting Districts, as that term is used
and dnfioodio the Water Service and to an e4�ucouz,t
- l8 l9�4 and oftbofbusdnnoor
entered b�obypazdo participating districts, dated Soptnozhuc ` , one
services to hopnovide^ by the Authority is the provision o[ treated water to the Coobuoiugg
Districts, their inhabitants and others;
D. WHEREAS, the Property ia situated such that either Avon or the District, in
c��r�U� d��o��o
conjunction with � is water service p/�u�u t
o»zU '`""^"^^`�' ~--�'--`"
on the Property;
E. \��]BI<E�\�`Uz�Pronor�'bu� bouoannexed into Avon and E2�l�LLC
� ^ � aodob�uudoumoftb���mbb�u�
and Avon oovvdea�rthat /\vontake over the rcup000ib/U�cm -�
set forth jothe Water Service Agreement;
F. WHEIlEAS,EMD LLC and the District also entered into ao agreement dated
May 15, 1997 regarding the sharing of tap fees (the "Tap Fee Agreement"); and
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G. WHEREAS, EMD LLC, the District, Avon and the Authority desire that the
Water Service Agreement and Tap Fee Agreement both be amended as expressly set forth herein,
subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement, the sufficiency of which are mutually acknowledged, the Authority, Avon, the
District and EMD LLC agree as follows:
1. The Water Service Agreement and the Tap Fee Agreement shall remain in full
force and effect, except as amended and modified as set forth herein.
2. The Water Service Agreement shall be modified as follows:
A. ScrviQeContract. All references to "Service Contract" in the Water
Service Agreement shall refer to the Amended and Restated Master Service Contract dated
January 1, 1998, between the Authority and its Participating Members (as defined therein), and
the amendments thereto;
B. Subs titut ion .olAvon. Except as noted in paragraphs 2(D), 2(E) and 3(B)
below, "Avon" shall be substituted for each and every reference to the "District" contained in the
Water Service Agreement so that Avon shall be responsible for every obligation, responsibility
and/or agreement of the District contained or referenced in the Water Service Agreement and so
that Avon shall receive every benefit of the District contained or referenced in the Water Service
Agreement, as amended hereby;
C. ObligatiQnsllnder_Watff& 'i gee ment. The Authority and EMD
LLC shall retain all of their respective obligations, responsibilities, agreements and/or benefits
contained or referenced in the Water Service Agreement, as such may be amended by
paragraphs 2(A) and 2(B) herein, and the District shall no longer retain any of its obligations,
responsibilities, agreements and/or benefits contained or referenced in the Water Service
Agreement, except as noted in paragraphs 2(D), 2(E) and 3(B) herein;
D. Eagle-Park Reservoir. Notwithstanding the amendments and
modifications set forth in this paragraph 2, the water storage option granted to EMD LLC at
paragraph 7(b) of the Water Service Agreement by the District and Authority to purchase certain
stock in the Eagle Park Reservoir Company shall remain in full force and effect, as written,
without any of the amendments or modifications discussed in this paragraph 2, subject to all of
the express terms and conditions relevant to the option as expressly set forth in the Water Service
Agreement.
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E. Use of Water Tines. The District agrees to allow EMD LLC and Avon to
use or enlarge any of its water lines if reasonably necessary to provide water service to the
Property and if such use or enlargement will not prevent the District from being able to provide
water service to its residents.
F. The last sentence of paragraph 1(b) of the Water Service Agreement is
amended in its entirety to read as follows:
The Authority and Avon acknowledge that EMD LLC will depend
upon the water supplied under this Agreement for all of its potable
water supply needs, except that EMD LLC may, with the consent
of Avon and the Authority, which consent shall not be
unreasonably withheld, supply its own potable water to the lots
described as Lots 56 to 96, The Village (at Avon), according to the
PUD1Sketch Plan approved by Avon. EMD LLC agrees that if
such lots are served by individual wells, appropriate fire
suppression facilities, as determined by Avon's fire chief pursuant
to applicable regulations in effect from time to time and applied on
a uniform and nondiscriminatory basis shall be included in
residences constructed on those lots. Moreover, if such lots are
served by individual wells and the wells subsequently fail, the
parties hereto acknowledge and agree that neither Avon or the
Authority shall have any obligation to extend water lines to
affected portions of the Property.
G. In paragraph 2(a) change "950,000 sq. ft. of commercial" to "650,000 sq.
ft. of commercial." At the end of paragraph 2(a) the following shall be added:
ltj0377
Nothing in this Agreement shall be construed to create any
agreement or obligation on the part of Avon to provide or
contribute water rights or water storage rights to the Authority or to
EMD LLC for water service to the Property or the Additional
Property other than or in addition to those water rights and water
storage rights described on Exhibit D of this Agreement.
H. Paragraph 2(b) shall be amended in its entirety to read as follows:
EMD LLC agrees to lease without cost to Avon for sublease
without cost to the Authority, which sublease is hereby consented
to, a portion of the water rights described in Exhibit D attached
hereto, sufficient to replace the consumptive use associated with
development of the Property as ultimately decreed by the Water
Court. In no event shall the consumptive use of development on
the Property exceed the historic consumptive use of the water
rights described in Exhibit D as determined by the Water Court.
Any excess consumptive use credits quantified in the Water Case
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and not required to replace consumptive use associated with
development of the Property shall continue to be owned by EMD
LLC, shall be unencumbered by this lease and may be transferred
or sold at EMD LLC's sole discretion.
I. Paragraph 2(c) shall be amended in its entirety to read as follows:
Water SQDdcP.Lo�he Pronertv. The Authority shall provide retail
water service to individual users within the Property, pursuant to
the Service Contract, in an amount sufficient to meet the needs of
the Property and on the same charges, terms and conditions as
provided to the other customers of Avon.
Paragraph 3 shall be amended in its entirety to read as follows:
Service C11ar=. As a condition to continuing service to any
portion of the Property, the owner of such property shall pay Plant
Investment Fees to the Authority which shall be determined,
charged and collected in the same manner as to the Contracting
Districts. Service charges for the provision of water service to the
Property shall be billed by and paid to the Authority; provided,
however, Avon shall retain the right to impose a surcharge in
addition to such service charges. It is the parties' intent however
that service charges, and any surcharge, for water service to the
Property shall be charged on the same basis and at the same rates
as to other customers of Avon.
K. Paragraph 4(b) shall be amended in its entirety to read as follows:
e billing and collection
Meter
to EMD LLC in the
=!==y the
same mariner as provided to other customers of Avon.
L. Paragraph 6 shall be amended in its entirety to read as follows:
operaiQn-andllaintcnanu,- ervices. Avon or the Authority, as
may be determined between them, shall be responsible for
maintenance and operation of the main line extension(s) to and
through the Property and the Storage Tank. EMD LLC shall be
responsible for all necessary maintenance and repair of Nottingham
Reservoir. EMD LLC acknowledges that the services provided by
Avon or the Authority do not include maintenance and repair of
EMD LLC's other internal water distribution facilities within the
Property.
0
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E
M. Paragraph 7(a) shall be amended to add the following two sentences at the
end of the paragraph:
The application filed in Case No. 97CW306 did not include the
Additional Property, but EMD LLC may, through a separate
application, seek to amend the augmentation plan or file a new
plan to replace depletions associated with the Additional Property.
Avon agrees to and approves the application as filed in Case
No. 97CW306, subject to the final decree reflecting water service
being provided by Avon and the Authority (rather than the District
and the Authority) consistent with this Agreement.
N. Delete paragraph 9.
0. Paragraph 10 shall be amended in its entirety to read as follows:
Service to Addi io al Pronertu. EMD LLC or its affiliates own an
additional 175.5 acres located adjacent to the Property in a portion
of the NI/2 of Section 10, T. 5 S., R. 81 W. of the 6th P.M. (the
"Additional Property "). The Additional Property is further
described on Exhibit F attached hereto. In the event EMD LLC, its
affiliates or successors elect to obtain water or fire service for the
Additional Property in the future, such service shall be provided on
the same basis as service to Avon's customers, provided that the
Additional Property shall pay 1) for water, an amount equal to the
cost of service plus the estimated mill levy attributable to water
service for which such property would be responsible if it were a
part of Avon, and 2) for fire protection, an amount equal to the
estimated mill levy attributable to fire service for which such
property would be responsible if it were a part of Avon. EMD
LLC agrees that if the Additional Property is to be served by
individual wells, appropriate fire suppression facilities , as
determined by Avon's fire chief pursuant to applicable regulations
in effect from time to time and applied on a uniform and
nondiscriminatory basis shall be included in structures constructed
on the Additional Property. Moreover, if the Additional Property
is served by individual wells and the wells subsequently fail, the
parties hereto acknowledge and agree that neither Avon or the
Authority shall have any obligation to extend water lines to
affected portions of the Additional Property. Tap fee allocations
shall be on the same basis as for the Property, itself.
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ttj0377
follows:
0
0
P. Paragraph 11(e) of the Water Service Agreement shall be amended as
(c) Remedies Upon Default. Upon the occurrence and
continuance of an event of default, the nondefaulting party shall be
entitled to enforce the provisions of this Agreement in law or in
equity, and relief in the nature of specific performance or damages
or both may be awarded, subject to the provisions of the laws of
the State of Colorado. The prevailing party in any legal action
shall be entitled to the recovery of its costs and expenses of such
action against the defaulting party. Costs and expenses shall
include, without limitation, reasonable attorneys' fees not to
exceed a maximum of $175,000.
3. Paragraphs 1 through 5 of the Tap Fee Agreement shall be replaced in their
entirety with the following:
A. Collection of Tap Fees. Avon agrees that it shall collect all residential and
commercial tap fees for taps on the Property. However, if Avon does not collect a tap fee within
a reasonable period of time, EMD LLC or its successors and assigns shall have the same right as
Avon to collect such tap fee. Avon agrees that the tap fees shall be calculated and collected in
the same manner as for all others who receive such service from Avon.
B. Allocation of Tap Fees. EMD LLC or its successors and assigns shall be
entitled to receive one - hundred percent (100 %) of all tap fees collected for taps on the Property,
but shall be required to convey to the District twenty percent (20 %), but not less than $800, of
each such tap fee within 30 days of receipt of the same by EMD LLC.
C. Water Development Fee. Avon agrees that EMD LLC or its successors
and assigns shall have the right to charge and retain any amount in excess of the regular tap fee
charged by Avon for the development of water service on the Property (the "Water Development
Fee "), and Avon agrees to bill and collect any such Water Development Fee together with its
regular tap fees. The District is not entitled to any portion of the Water Development Fee, except
that in the event that no regular tap fee is charged by Avon and EMD LLC, the District shall
receive the twenty percent (20 %), but not less than $800 per tap referenced above out of the
Water Development Fee within 30 days of receipt of the same by EMD LLC, which agrees to
assess at least that amount as an excess fee.
D. No Impairment of Fees. Avon agrees that it shall not undertake any action
in the future which impairs or impedes EMD LLC or its successors' and assigns' right and ability
to receive Avon's regular tap fees and the Water Development Fee for new taps on the Property.
E. Additional Property. Pursuant to paragraph 10 of the Water Service
Agreement, as modified herein, in the event EMD LLC, its affiliates or successors elect to obtain
water service for the Additional Property in the future, Avon has committed to provide such
service and the parties agree that the terms and conditions of this Agreement shall then also be
applicable to the Additional Property.
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4. Except as expressly amended or modified herein, all other terms and provisions of
the Water Service Agreement and Tap Fee Agreement remain unchanged and in full force and
effect.
Executed as of the date first set forth above.
EAGLE-VAIL METROPOLITAN DISTRICT, a
quasi-municipal corporation of the State of
Colorado
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By:_
Title:
PVRT NOTT I LLC, a Colorado limited liability
company
By:
Title::il?
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m
STATE OF COLORADO )
} ss.
COUNTY OF f }
The foregoing First Amendment to W ter Service and Tap Fee Allocation Agreement was
ac ledged before me this '2- day of , 1999, by .,; _I as
ow
� � C, �/ of the Town of Avon, a municipal corporation of the S ate of Colorado.
commission expires"
my hand and official seal.
STATL OF COLORADO }
} ss.
COUNTY OF1t )
A'
The foregoing First Amendment to Water Service and Tap Fee Allocation Agreement was
acknowledged before me this +01 day of err - , 1999, by i l,J as
of each of EMD Limited Liability Company, PVRT NOTT I LLC,
PVRT NOT II LLC, and PVRT NOTT III. LLC, each of which are a Colorado limited liability
company.
ltj0377
My commission expires f
Witness my hand and official seal.
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STATE OF COLORADO )
ss.
COUNTY OF _ }
The foregoing First Amendment to Water Service and Tap Fee Allocation Agreement
___�as acknowledged before me this s� day of , 1999, by
i��� as r a; r�Sic7.' the Upper Eagle Regional Water
Authority, a quasi - municipal corporation of the State of Colorado.
My commission expires' �2C�
Witness my hand and official seal.
1tj0377
Notary
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E "r
October 23.2O08
Eagle River Water and Sanitation District
846 Forest Road
Vail CO 81868
Dear Sir orMadam:
This letter will serve as notice to the Eagle River and Sanitation District that the follovAng tap fees have
been waived for one year for Stone Creek Elementary:
Village atAvmn/TmenrCreek Incremental Sewer Tap Fee (1^Meter) $3'921.00
Village sdAvon/TnaerGreek Water Development Fee (1^Meter) $5.200.00
You may call me}f you have any questions.
Sincerely,
Dan Leary �
President '
Traer Creek Metropolitan Di4trict
8
TOWN OF AVON, COLORADO
RESOLUTION 06-29
SERIES OF 2006
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN
AND TRAER CREEK RP, LLC
WHEREAS, by Resolution No. 06-30 the Town Council will approve a STONE
CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE
CREEK ELEMENTARY ("the School Lease") whereby the Town will lease Lot 5, The Village
at Avon, Filing I ("Lot 5 "), to Stone Creek Elementary for a term from July 1, 2006, to June 3 ) 1.
2007; and
WHEREAS, Lot 5 is currently designated as a public works site pursuant to the
Annexation and Development Agreement for The Village (at Avon); and
WHEREAS, Traer Creek RP, LLC has proposed to enter into a LICENSE
AGREEMENT to provide to the Town an alternative public works site during the term of the
School Lease;
NOW, THEREFORE, BE IT RESOLVED:
1. The LICENSE AGREEMENT, a copy of which is filed with the minutes of
this meeting, is hereby approved.
2. All action heretofore taken by the officers of the Town of Avon relating to the
same is hereby ratified, approved and confirmed.
3. This Resolution is contingent upon the adoption of Resolution No. 06-30.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the
13th day of June, 2006.
ATTEST:
T_
IF
S F
At
............. 1,
r4" C
Ronald C. Wolfe, Mayor
LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Agreement"), made effective as of the 1sT day of
July, 2006 ("Effective Date"), is among TRAER CREEK RP, LLC, a Colorado limited liability
company ("Landlord") and the TOWN OF AVON, a municipal corporation of the State of
Colorado ("Town" OR "Tenant").
RECITALS
A. WHEREAS, Landlord is the owner of that certain real property, I'a-lown as Tract
B, The Village (at Avon) Filing 3, according to the plat thereof recorded June 29, 2004 at
Reception No. 882176 of the Eagle County, Colorado real property records. Such Tract is also
informally known as Planning Area N South on the Village (at Avon) PUD Development Sketch
Plan.
B. WHEREAS, Landlord desires to lease 4.0 acres of the 5.765 parcel, known as
Tract B (or Planning Area N South), to Tenant, as more specifically set forth in the attached map
hereto and incorporated herein as Exhibit "A" ("the Premises"). Whereas Landlord further
desires to grant Tenant access to the Premises as more specifically set forth in Exhibit "A."
C. WHEREAS, Tenant desires to lease the Premises for a period of one year for
snow, equipment and vehicle storage.
D. WHEREAS, Landlord has agreed to allow Tenant to use the Premises for snow,
equipment and vehicle storage, subject to the terms of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the sum of Ten ($10.00) Dollars, and other
good and valuable consideration paid by Tenant, the receipt of which is hereby acknowledged,
the parties agree as follows:
1. Grant of Lease to Ten Subject to the terms, covenants and conditions set forth in
this Agreement, Landlord hereby leases the Premises to Tenant, and its employees., contractors,
agents and invitees, to use and possess the Premises during the Term of this Agreement for
storage of snow, equipment and vehicles. Landlord further grants to Tenant access to the
Premises as specifically set forth in Exhibit A. Tenant shall use the Premises only for the
purposes described in this Agreement.
2. Term of Lease: The term of this lease (the "Term") shall commence on the Effective
Date hereof and terminate at 11:59 p.m. MST on the 365"' day following the Effective Date.
3
Additional Obligations-'
(a) Tenant shall, at its sole cost and expense, promptly comply with all applicable
laws. rules and regulations relating to the Premises. Tenant shall further be obligated to comply
with all environmental laws, federal and state rules and regulations and ordinances, as it would
have to comply with such obligations on its own property. Tenant, however, shall not be
obligated to do more than that which it is already obligated to do pursuant to those laws and
should Tenant comply with those laws, Landlord shall hold Tenant harmless from any claims by
Landlord, its successors or assigns arising out of the handling, treatment, storage or disposal of
any hazardous or toxic substance as defined under any applicable state or federal law including,
without limitation, the Comprehensive Environmental Response, Compensation and Liability
Act.
(b) Tenant shall keep the Premises in a neat, clean and sanitary condition,
consistent with the uses set forth in this Agreement, at all times during the Term of this
Agreement.
4. Alter ations: Tenant shall make no material alterations, additions or improvements in
or to the Premises without Landlord's prior written approval and consent for items and or
improvements.
5. Insurance:
(a) During the Term of this Agreement, Tenant shall maintain, at its sole cost and
expense, the following policies of insurance:
(i) Commercial general liability insurance in an occurrence format in
an amount of $3,000,000 per occurrence, including the following coverages: contractual liability,
personal injury, broad form property damage, and independent contractors insurance. Such
policies shall include a provision requiring a minimum of 30 days' notice to Landlord of any
change or cancellation. Landlord shall be named as an additional named insured as its interests
may appear on this policy.
(ii) Comprehensive automobile liability insurance on all vehicles used
in connection with this Agreement, in an amount of $1,000,000 combined single limits for bodily
injury and property damage, per occurrence. Tenant shall legally obligate its subcontractors,
either contractually or otherwise, to obtain identical coverage. Landlord shall be named as an
additional insured as its interests may appear on Tenant's and any subcontractor's policies.
(b) During the Term of this Agreement, Landlord shall maintain, at its sole
cost and expense, its current commercial general liability insurance on the immediately adjacent
property to the Premises, known as Tract G, The Village (at Avon) Filing 3.
6. Quiet Enjoyment: Landlord covenants and agrees with Tenant that upon Tenant
observing and performing all the terms, covenants and conditions of this Agreement on Tenant's
part to be observed and performed, Landlord shall not, subject to Section 9, below, disturb
Tenant's peaceable and quiet enjoyment of the Premises during the Term of this Agreement.
7. Acceptance of Premises: Taking possession of the Premises by Tenant shall be
conclusive evidence against Tenant that the Premises were in good order and that the Town
accepted the condition of the Property when possession was taken. Notwithstanding that fact,
the Premises is made available to Tenant in its "as is" condition on the commencement date of
the Term.
M
8. Landlord Access to -Premises: Landlord and its agents, upon reasonable notice to
Tenant, shall have the right to enter the Premises at all times to examine them, to show the
Premises to prospective purchasers, mortgagees, lenders or others, and to make and perform such
maintenance or repairs as Landlord may deem necessary or desirable, on the condition that
Landlord shall use all reasonable efforts to minimize interference with the Tenant's operations.
Further, absent a formal assignment of this Agreement, greement, any new owner of the Premises shall also
have the right of entry.
9. Assignment..and Subletting:
(a) Tenant shall not assign, convey, mortgage, hypothecate or encumber its rights
in this Agreement at any time during the Term hereof without the prior written consent of
Landlord.
(b) Landlord may assign, convey, mortgage, hypothecate or encumber its rights
I i
and obligations in the Premises at any time during the Term hereof without the prior wri tten
consent of Tenant.
10, Indemnity:
(a) To the full extent allowed by law, Tenant shall indemnify, defend and hold
harmless Landlord, its subsidiaries and affiliates, and their respective agents, officers, directors,
servants and employees of and from any and all costs, expenses (including without limitation
reasonable attorneys' fees), 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, which damage, loss or injury is caused by the breach
of this lease or the willful misconduct or negligent acts, errors or omissions of Tenant, its
subcontractors or any person directly or indirectly employed by them, or any of them, while
engaged in any activity on or associated with the Premises.
(b) To the full extent allowed by law, Landlord shall indemnify, defend and
hold harmless Tenant, its agents, officers, directors and employees of and from any and all costs,
expenses (including without limitation reasonable attorneys' fees), 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, which
damage, loss or injury is caused by the breach of this lease or the willful misconduct or negligent
acts, errors or omissions of Landlord, its subcontractors or any person directly or indirectly
employed by them, Traer Creek Metropolitan District, or any of them, while engaged in any
activity on or associated with the Premises.
11. Default: If either party neglects or fails to perform or observe any o ' of the terms or
covenants herein contained to be performed or observed by that party, and that defaulting party
fails to remedy such default within ten (10) days after receiving written notice specifying such
neglect or failure (or within such period, if any, as may be reasonably required to cure such
default if it is of such nature that it cannot be cured within such 10 -day period, provided that the
defaulting party commences to remedy such default within such tell-day period and proceeds
I
with reasonable diligence thereafter to cure such default), that party shall be declared in d efault
of this Agreement.
WIM
NOW
a
12. lf Tenant shall default under this Agreement ao set forth io Section ]l,
Landlord shall have all remedies at law mequity, including but not limited to Landlord's right to
terminate this Agreement, re-enter and take possession of the Premises and/or pursue any
:1aLuLnci/y mandated court proceeding. If Landlord shall default under this Agccezoeo1 as set
forth in Section ]l` Tenant shall have all remedies at \av/ or equity, iuc1udiug but not limited to
the remedies of upooifio pur{oonuuuu or {conivaboo of this f\gJeeozon1. The remedies of
Landlord and Tenant shall be cumulative and the exercise of one remedy shall not be deemed to
have been an election of remedies to the exclusion nf any other remedies available. No delay or
omissions by either party to exercise any right or power arising from a breach by the other party
of any of the terms of this lease shall impair any such right or power or shall be construed to be a
waiver of any breach uruo acquiescence therein.
ll AJ the expiration ofor earlier termination ofthis Agreement, Ieouot
shall quit and surrender the Premises to Landlord in as good order as they were in on
commencement date of the Aur�cr0001oodvvdboorna1ero1 change ttorothe cooddioothey vvero
-
in on that xnunc date, with all temporary improvements thereon removed, subject to the
provisions of](a)hereof.
14. Waiver of Subrogatio Landlord and Tenant respectively waive all rights of
recovery against the other, or the officers, directors, employees and agents of the other, for loss
of or damage to such waiving party of its property or the property of the other under its control,
arising from any cause insured against under the standard form of fire insurance policy (with all
permissible extension endorsements covering additional perils) or under any other policy of
insurance carried by such waiving party in lieu thereof
15. Holdover In(becveut Tenant rcu�u�siu possession o[ the Prcozacsu�er
vdtbonttbc ��cou�ioo ofuu�n'l�ao� T�nooL a1 the option of
tboo���mt�ouo1uo�/.�os�. uou . _
Landlord abuJl be deemed 10 he occupying the Premises as a Tooun1 from onoutb to znnotb.
Tcnuo1 shall be entitled to occupy the Premises at the current rental rate for o period of six
zunntba Ibcrcn�cz,Touuu�abaUb�z�quir�d�opuytoI.uudlordzentiotbca000un\of$l,666.0O
�
per month, constituting fair market value of the Premises. Rent shall h cym id on the
Is' day o[the
month. -- ziog the holdover period in gnco�oo" all of the tern-is and conditions hereof then in
effect (excepting the rent provision) o bul/ remain in effect for the eutizeholdover period.
lb. Subordination, Non-disturbance and Attornment:
(a) Ddx�ueis�m)��o��d�bmd��etomymo���*�ch�yb�o��
affect this � or��n�{���-fv��1���o�moun���id�U��eu���
— � iueobatuuu� drt�:c1tbo1[ho 6v acceptance o1
n�od�u��xbulonotaivayrov/sunz oo *xv^��u��c, ,
the nuortgog--covenants and agrees on behalf of itself and those a1 any �zueholding by, through
or under it '`rthe bcuefit of Tenant, and those, u1 any dnucholding by, through or under
Tenant, b�--l�ouT�oantsbaUbav000�eroduoBveotof[}efaul1undcrtboprovimiuoso{tbia
' -' '�-
Lease and notice oltcrozzo o1 termination o {db�/ m Lease shall have been given as provided in this Lease
�
and not revoked, the holder of any such mortgage to which this Lease may ho subordinated shall
1 �nioT�oantoruoyuu�bo)din�by �oonohoznodc�T�000touo�m��d�t�odantor
no noro�orJ , =��
otherwise in any suit, action or proceeding fb the foreclosure of such mortgage or in any
mariner interfere with Tenant's rights hereunder and Tenant shall not be disturbed in
� �o�c� or aoyon�bo�di��by,
c oyueot of the Premises ordun:ato herein bythe Mor
4
or under the to the end tb�� oz do ��aoc oodtb�poao�aaiouoftb� Premises through
Tenant shall not bc disturbed oz affected by reason of such foreclosure. lu lieu nftb*oon-
diutorbnouepzovixiouboiugcootuioedintbcoortgogc,au ob provision nun b e contained iva
separate non-disturbance agreement delivered by such mortgagee to Tenant which agreement
Tenant shall promptly execute upon request.
(6) This dausoabuUho�l i and oofu�bcrbns�uozeotnf subordination
sb�lbereqo�cd' y any mortgagee, affecting any lease or the real property o[ which the
Premises are apart Lu confirmation of such subordination, Tenant shall execute promptly any
certificate that Landlord may request.
17. ~� - Any notice, or communication which either party may desire or be c
required to giv e to the other party shall be in writing and shall be deemed sufficiently given or
rendered if delivered personally or ocot by first class United States mail, postage prepaid,
addressed as follows:
If to : Troor Creek RP, LLC
P.0. Box 9429
322E. Beaver Creek Blvd.
Avon, Colorado 8l6Z0
lftoTENANT: Town ofAvon
P.O. Box 975
400 Benchmark Road
Avon, CO 81020
Either party shall have the right to designate in writing, served as provided above, u different
address Lu which any notice, demand or communication iatobezuuilcd.
lQ, Certific ���o��d�u�o�l,�����,��yb��d��d�
-�-------
to time, within ten (lU) days after request h the other, execute,
acknowledge and deliver uo
estoppel cortifioa1econtaining such information asthe party requesting the same may reasonably
request.
19. Paragraph or other headings contained in this Agreement are
for referenced d are not intended to affect in any p/oy the zoeuuiog or
interpretation of this Agreement.
20 This /\greeroeo1v/iUnot hu binding 000rconstitute evidence ofa
�
contract between the p udi �o until such time uoi1 has been executed by each party and aooriginal
thereof delivered Lo each other party to this Agreement and <atitl Ratification has occurred.
��iuDtboto tbcnaditobnrctoo�ro��onx�outocox�
2l "
' �}iv�zod such d0000�uolnand tu do, or cause tohedone,
d�U��r, ortnoons�zon��xucu�ouu��uu .
"
sncb other acts and things as might tr�oaouah}�b�zoguircdinwrd�rtocoonoor�eotnaiutbc
,iub� ti �
provisions nf this Agreement.
There are no representations and warranties by
the parties, their agents, servants and employees whether oral or in writing, relating to or
concerning this Agreement other than as specifically set forth herein. Each of the parties hereto
warrants and represents to the other that it is authorized or empowered to enter into this
Agreement and perforin the terms hereof
23. This Agreement constitutes the entire agreement between the
parties hereto and supersedes all prior written and oral agreements and understanding relating to
the subject matter hereof.
24. This Agreement may not bcruocUficd. amended or discharged except
byoo instrument in writing signed 6v the parties hereto. No waiver or consent may be enforced
unless such waiver or consent shall beio writing and signed hythe party against nhozo
enforcement thereof ixsought.
25. This Agreement shall be governed by the laws of the State of
26. This Agreement obuU be binding upon` and inure tothe
benefit of the parties hereto and their respective heirs, executors, administrators, successors and
permitted assigns.
27. No Negative Inference Against Preparer: This the result of
incy
negotiations between the parties, each of whom is represented by counsel of its own choosi
All parties shall be deemed to have drawn this Agreement and no negative inference or
interpretation shall be made by a court against the party whose counsel drafted this Agreement.
28. No /\
This Lease Agreement and the intended use of the
----� i�t d b d d not require or effect aroodifloa1ioo 10 or amendment of the
�rcozocs az��000 � by uu z�qo
Annexation and Development Agreement between Traer Creek and the Town of Avon, the
Village (at Avon) PUD Guide, or the associated PUD Development/Sketch Plan (collective]y,
the "Development P}uu"). Operation onun interim basis of snow, equipment and vehicle storage
at the \oualinu specified in and odborvvae subject to the terms and conditions of this Lease
Agreement will not boconotnzed as limiting any future uses within Tract R' The Village (a1
Avon) Filing 3 Development
by Owner or the Town of any rights under the agreements constituting the Development Plan.
Opczu1ioou of the Town pursuant 1othis Lease /\gcoeo\eu1 are intended to he on uuindcrirobasis
only, and do not constitute 0000uzoitoeo1hyLandlord that the Iovvu`o operations will be housed
on upeouaueo1 or semi-permanent basis at this location or otherwise p/i1bio the Village (at
Avon).
29. Traer Creek Design Review and Special Review Use: Landlord b U not
unreasonably p/i1bbold any approval by the Truer Creek Design Review Board tothe Iovvo of
Avon or unreasonably withhold any consent to the special review use by the Town of Avon, and
for which relate to any matter necessary to carry out the purpose of this Agreement.
IN WITNESS WHEREOF, the Parties have hereunto caused this Lease Agreement to
be executed on their behalf the day and year first above written.
M
TRAER CREEK RP, LLC,
a Colorado limited liability company
91
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TOWN OF AVON,
a municipal corporation of the State of Colorado
By:
Name: 0
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Title: 40� IA 0
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SAO SW MIWZM c M278n=02
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To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Brian Kozak, Chief of Police
Date:
November 6, 2006
Re:
Intergovernmental Agreement for Animal Control Service
Summary: The Police Department is recommending approval of the attached IGA to allow
Eagle County Animal Control to provide service in the Town of Avon.
Previous Council Action: The council previously approved the Police Department's
budget, which included the contracted fees for this service.
Background: Avon is the only community that does not currently contract with Eagle County
for Animal Control service. Avon police officers have been given the responsibility to provide this
service; however, the Police Department does not have the proper facilities, equipment or training to
safely impound animals.
Discussion: Under the IGA the County will provide the following to the Town of Avon:
• Minimum of 32 hours of patrol per month.
• Twenty -four Hours per day emergency on call service.
• Animal shelter service.
• Investigation and reporting of animal bite situations.
• Enforcement of the leash law by citing violators into the Municipal Court.
Financial Implications: The contract will cost the Town of Avon $1,512.00 per month.
The service and fees will be reevaluated July 1, 2007.
Recommendation: Town Attorney, John Dunn, has reviewed and approved the IGA. It is
recommended that the attached IGA with Eagle County for animal control service be approved.
Alternatives: If the IGA is not approved the Avon Police Department may continue to provide
limited service to the community.
Town Manager Comments:
a
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
THE TOWN OF AVON
This Agreement made this day of , 2006 by and
between the County of Eagle, State of Colorado, a body corporate and politic (the
"County") and the Town of Avon, a municipal corporation (the "Town").
WITNESSETH
WHEREAS, the Town desires to contract with the County for the performance of
the hereinafter described Animal Services on the terms and conditions hereinafter set
forth; and
WHEREAS, the County is agreeable to rendering such Animal Services on the
terms and conditions hereinafter set forth; and
WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section
30 -11 -101, as amended.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises contained herein, the parties hereto agree hereby as follows:
SECTION 1. TERRITORY COVERED.
The territory covered by this Agreement is all of that certain property legally described
as the Town of Avon.
SECTION 2. DEFINITIONS.
Emergency on Call services is defined as emergency calls received by the
County for which Animal Services assistance is required and no Animal Service Officer
is on duty to respond.
Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds
Road, Eagle, Colorado, and any other shelter facility operated or designated by the
County.
Unclaimed Day is defined as a calendar day or any part thereof during which an
unclaimed animal is confined in Shelter on behalf of the Town.
SECTION 3. SCOPE OF SERVICES.
The County agrees to provide general Animal Services within the Town of Avon
The County shall provide:
A) A minimum of 32 hours of patrol per month, consisting of inspection tours
looking for violations or responding to complaints. The patrols shall be
performed on a daily basis throughout the month. The scope of these
patrols is to be designed to produce voluntary compliance and uniform
administration of the Pet Animal regulations.
B) Twenty -four (24) hours per day Emergency On Call service.
C) Administration and enforcement of the Eagle County Animal Service
Resolution presently in effect and as may be subsequently amended as
applied within the Town of Avon or the Municipal Ordinance as may apply.
D) The County shall provide the Town with monthly reports and an annual
report of services provided pursuant to this Agreement. Such reports shall
include, by way of example only, the number of calls for service, number
of animals sheltered, number of Unclaimed Days, and number of citations
issued, as they apply to the Town of Avon.
E) Emergency on Call service will be provided during the period when an
Eagle County Animal Service Officer is not on duty. In the event that an
Eagle County Animal Service Officer is not immediately available to
respond to an incident or emergency, the Town of Avon will provide
available personnel to secure the scene and administer control of the
situation until the Eagle County Animal Service Officer arrives to resolve
said incident.
F) Animal sheltering services for animals attributable to the Town, of the
nature and quality customarily provided at the Shelter. Animals
attributable to the town are animals impounded within the Town of Avon
and animals owned by persons dwelling, permanently or temporarily, in
the Town of Avon.
I
SECTION 4. OFFICIAL STATUS.
For the purpose of performing the Animal Services and functions set forth in this
agreement, Eagle County Animal Services shall enforce, as the Town's agent, the
Municipal Ordinances relating to animals now in effect and as amended from time to
time.
SECTION 5. EQUIPMENT.
The County shall furnish and supply, at its sole expense, all necessary labor,
supervision, equipment, motor vehicles, office space, and operating and office supplies
necessary to provide the services to be rendered hereunder.
SECTION 6. COMPENSATION.
The Town of Avon agrees to pay the County, monthly, the sum of $1,512.00 based on
estimated patrols and on estimated annual sheltering requirements.
The Town of Avon agrees to pay the County, on or before the fifteenth of each month,
for services rendered the previous month.
All fees and expenses recovered at or for the Shelter will remain with the County.
All court fines and costs will remain with the court of venue.
SECTION 7. PERSONNEL.
The Eagle County Animal Services Officer shall have full cooperation from the Town of
Avon, its public works, its police officers and/or their respective officers, agents, and
employees, so as to facilitate the performance of this Agreement.
The rendition of Animal Services provided for herein, the standards of performance, the
discipline of officers, and other matters incident to the performance of such services and
the control of personnel so employed, shall remain in the County.
All persons employed in the performance of such Animal Services for the Town of Avon,
pursuant to this agreement, shall be County employees, except for Town personnel
used to secure the scene as described in Section 3, above, and except for employees
of the operator of the Shelter.
8
A. The County, its officers and employees, shall not be deemed to assume
any liability for intentional or negligent acts, errors, or omissions of the
Town or of any officer or employee thereof. Likewise, the Town, its
officers and employees, shall not be deemed to assume any liability for
intentional or negligent acts, errors or omissions of the County or by any
officer or employee thereof.
B. The County agrees to indemnify, defend and hold harmless to the extent
allowed by law, the Town, its respective agents, officers, servants and
employees of and from any and all loss, costs, damage, injury, liability,
claims, liens, demands, action and causes of action whatsoever, arising
out of or related to the County's intentional or negligent acts, errors or
omissions or that of its agents, officers, servants, and employees, whether
contractual or otherwise. Likewise, the Town agrees to indemnify, defend
and hold harmless to the extent allowed by law, the County, its respective
agents, officers, servants and employees of and from any and all loss,
costs, damage, injury, liability, claims, liens, demands, action and causes
of action whatsoever arising out of or related to the Town's intentional or
negligent acts errors or omissions or that of its agents officers, servants
and employees, whether contractual or otherwise.
C. The County and the Town shall respectively provide its own public liability,
property damage, and errors and omissions insurance coverage as each
party may deem adequate and necessary for any potential liability arising
from this Agreement. Further, the County and the Town, respectively,
shall name, subject to the approval of each respective party's insurance
carriers, the other respective party as a co- insured under such insurance
policies to the extent of any potential liability arising under this Agreement
and, upon reasonable written request, shall furnish evidence of the same
to the other respective party.
SECTION 9. TERM AND TERMINATION.
This Agreement is effective January 1, 2007 and shall end on the 30th day of June 2007.
This agreement will be reviewed prior to termination in order to give both parties the
opportunity to determine the effectiveness of the agreement. Either party shall have the
right to terminate this agreement with or without cause at any time by giving the other
party thirty (30) days' prior written notice of termination. Upon termination, the County
shall be entitled to compensation for services performed prior to such termination, and
both parties shall be relieved of any and all duties and obligations under this
Agreement.
Obligations of the Town of Avon and the County, respectively, after the current fiscal
year, are contingent upon funds for the purpose set forth in this Agreement being
appropriated, budgeted and otherwise made available.
SECTION 10. GENERAL PROVISIONS.
A. Notices. All notices, requests, consents, approvals, written instructions,
reports or other communication by the Town of Avon and the County,
under this Agreement, shall be in writing and shall be deemed to have
given or served, if delivered or if mailed by certified mail, postage prepaid
or hand delivered to the parties as follows:
Town of Avon:
Town of Avon, Chief of Police
PO Box 975
Avon, CO 81620
County of Eagle:
Eagle County Attorney
P.O. Box 850
Eagle, CO 81631
Either party may change the address to which notices, requests, consents,
approvals, written instructions, reports or other communications are to be
given by a notice of change of address given in the manner set forth in this
paragraph A.
B. This Agreement does not and shall not be deemed to confer upon or grant
to any third party any right to claim damages or to bring any lawsuit, action
or other proceedings against either the Town or the County because of
any breach hereof or because of any terms, covenants, agreements or
conditions contained herein.
C. No modification or waiver of this Agreement or of any covenant, condition,
or provision herein contained shall be valid unless in writing and duly
executed by the party to be charged therewith.
D. This written Agreement embodies the whole agreement between the
parties hereto and there are no inducements, promises, terms, conditions,
or obligations made or entered into either by the County or the Town other
than those contained herein.
E. This Agreement shall be binding upon the respective parties hereto, their
successors or assigns and may not be assigned by anyone without the
prior written consent of the other respective party hereto.
8
F. All agreements and covenants herein are severable, and in the event that
any of them shall be held invalid by a court of competent jurisdiction, this
Agreement shall be interpreted as if such invalid Agreement or covenant
were not contained herein.
G. The Town has represented to the County and, likewise, the County has
represented to the Town, that it possesses the legal ability to enter into
this Agreement. In the event that a court of competent jurisdiction
determines that either of the parties hereto did not possess the legal ability
to enter into this Agreement, this Agreement shall be considered null and
void as of the date of such Court determination.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
ATTEST:
By:
Clerk to the Board of
County Commissioners
ATTEST:
Town Clerk
6animakEagle.con
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
Peter Runyon, Chairman
TOWN OF AVON
am
Mayor
VA
To: The Honorable Mayor and Town Council
From: Jane Burden
Thru: Robert Reed
Date: November 7, 2006
Re: 2007 ECO Transit Winter Service Agreement
Summary:
Attached is a copy of the Agreement between the Eagle County Regional Transportation
Authority (ECO) and the Town of Avon. The Town of Avon is entering into an
agreement with ECO Transit to provide: a.) parking of up to ten buses at a charge of $100
per bus / per month, b.) fuel for the buses at Town of Avon budgeted costs including a 10
percent mark up, c.) repair and maintenance of said buses as requested by ECO at a
charge of $95 per man hour, commencing on December 1, 2006 and ending on May 15,
2007.
Previous Council Action:
This agreement is the fourth winter agreement between the Town of Avon and ECO
Transit. Winter parking space, fuel, maintenance, and bus washing agreements for tip to
10 buses have been approved for three consecutive years.
Background:
ECO Transits current facility is in Gypsum which does not allow them to switch or start
buses out for up valley routes in a timely manner. Their system incurs dead head miles,
(miles in which the bus is going to and from scheduled route service), because of this
down valley location. The Swift Gulch facility allows parking for the county bus system
at an affordable rate.
Discussion:
This agreement will allow ECO Transit to park, up to 10 buses at the Town of Avon Swift
Gulch Facility for the winter season. The agreement enables ECO to start a route from a
more centralized location with the added ability to switch a bus out promptly thereby
saving, ECO the cost of dead head miles. The Town of Avon is provided a source of
revenue for parking space. This agreement is part of a continuing effort to consolidate
public transportation services and keep costs to a minimum.
Financial Implications:
The Town of Avon will be paid the $100 per month plus fuel charges of cost plus ten
percent. Bus maintenance will be billed at $95 per hour with prior approval from ECO
Transit. Bus washing is $45 per wash. Average total monthly billings from the 2006
ECO Transit Summer Service Agreement were $300.
Recommendation:
Staff recommends approval of this service agreement between The Town of Avon and
ECO Transit.
Alternatives;
The agreement could not be approved. The Town of Avon would not receive the
additional revenue.
Proposed Motion:
Move to approve the 2007 ECO Transit Winter Service Agreement.
Town Manager Comments:
—A,
--7-4
SERVICE AGREEMENT
THIS AGREEMENT is entered into the day n[ November, 2006, between
Board of County Commissioners of Eagle County acting through the Euu|c County Regional
Transportation Authority doing business as ECO Transit ("ECO") and Town of Avon ("Avon");
ITlS AGREED nsfollows:
l. Services. During the teouo[ this Avon will provide the following
kA Parking ofupto|0 buses olu charge o[$]0O per month per bus.
(b) Fuel at budgeted cost including 10% (ten percent) mark up.
(c) Repair uod mai as b«EC(),a1u o[$90.0Uper
man hour starting \,2O07. Boa washing charges utu rate o[$45.00
per bus. No payment for any repair or maintenance shall bo due unless EC()
has approved o[ the work. Services may be commenced with verbal
approval byTICUo[u written estimate submitted by Avon. Subcontractors
may perform certain repair work, for which cost o[the work will be charged.
Avon shall be responsible for assuring that subcontracted work isperformed
promptly and in accordance with this Agreement.
2. Facilities. Avon represents that its facilities are io good condition and adequately
equipped and that i1has u sufficient staff b` perform all work, in u timely manner.
�Billing for Services. /\n invoice will bc issued hm the tcnth day of each month for
services performed during the previous month. Payment is due within thirty duvo of
receipt of the invoice.
4. Term and Termination. The term o[this Agreement will run from L)cocozber l,
7006, through May l5`2006` unless sooner terminated iu accordance with this
Agreement. The parties desire 10 implement this Agreement as soon as possible.
The signatories have the authority b) bind Avon and BC()to the terms and
conditions o[ this Agreement. However, continuation of this Agreement is
contingent upon the subsequent ratification of the same by Avon council action and
by board action of both the ECO Board and the Board of County Commissioners of
Eagle County a1 their next regularly scheduled meeting. In the event n[ breach o[
this Agreement by either party, the other party cuay1croziuu1e this Agreement upon
seven days written notice unless the breach is cured within the seven day period.
Either party may terminate this Agreement without cause on thirty days written
5. Relationship of the Parties. The relationship between the parties is that of
independent contractor, and nothing herein shall be deemed or construed as creating
a relationship of principal and agent, partnership or joint venture. Avon shall be
solely responsible for payroll withholding and payment of taxes as well as payment
of unemployment compensation and other employment related benefits.
6. Warranty. Avon will promptly correct any defective work appearing within one
year after services are performed. This warranty shall be in lieu of all other
warranties, express or implied. Avon's sole liability hereunder, whether in tort or in
contract, is expressly limited to the warranty provided for herein.
SIGNED the day of , 2006.
TOWN OF AVON
By:
EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY
0
0-=61
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Patty McKenny, Town Clerk
Date: November 9, 2006
Re: Resolution No. 06-42 Reappointing Municipal Judge C.G. ("Buck") Allen, III
Summary:
The Resolution appointing the Municipal Judge complies with the Avon Charter, Chapter 10 Section
2. — "The Council may reappoint the municipal judge for a subsequent term of office which expires
on the date of the organizational meeting of the Council after the next general election." The Charter
reads that the appointment by the Council is for a specified term of not less than two years.
After a request for proposal was posted and interviews conducted with five applicants on October
24, 2006, the Council supported reappointing Buck Allen for another term; this resolution satisfies
that requirement.
TOWN OF AVON, COLORAOD
RESOLUTION 06-42
SERIES OF 2006
A RESOLUTION REAPPOINTING C.G. ALLEN, III MUNICIPAL JUDGE
WHEREAS, C.G. ("Buck") Allen, III was heretofore appointed Municipal Judge of
the Town of Avon; and
WHEREAS, the aforesaid C.G. Allen, III has served as judge to the satisfaction of
the Town Council, and it is the desire of the Council that he be reappointed.
NOW, THEREFORE, BE IT RESOLVED that C.G. ("Buck") Allen, III is hereby
reappointed to serve as Municipal Judge of the Town of Avon for a term expiring on the date of the
organizational meeting of the Town Council after the general election to be held in 2008.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the 14"'
day of November, 2006.
Mayor
ATTEST:
Patty McKenny, Town Clerk
i � a 0
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
Fromm Scott Wright, Finance Oi
Date November Q.200G
Re: Adoption nf2007Budget
Surnma
The Town's final revised operating budgets for 2006 and the proposed 2007 operating budgets are
hereby submitted for adoption by the Avon Town Council.
According to State Statute, because the Town levies a property tax, the budget must be adopted by
December 15, and filed with the Division of Local Governments no later than January 31. This budget
meets this and all other legal requirements for submission.
The resolutions levying property taxes for the Town and the Avon Metropolitan District will be presented
for adoption at the December 12 tx council meeting due to the timing of the receipt of the final
certification of assessed values from the County Assessor.
Previous Council Action:
Previously, the Town Manager presented his recommended budget at the Council budget retreat held
on October 1»m and 11m Subsequent to the budget retreat certain changes were incorporated into the
budget st the request of Council.
Changes for the 2007 proposed budget included $8.000 in appropriations for additional SWAT team
training and supplies, $2.000 for the purchase of bus passes for employees, and o reduction of$3.538
in membership dues for the 1'78 Coalition. These changes were all in the General Fund. In addition,
$285.000 in operating transfers out was added to the VVeher Fund for the Metcalf Ditch Drainage
project.
Finally, at the last council meeting a public hearing was held for members of the public to comment on
the proposed 2O07budget.
Staff recommends that Council adopt the resolutions discussed above as presented.
Page
Town Manager Comments:
A'2007 Financial Overview, Total - All Funds
B-2007 Financial Overview, Total by Fund
C— Resolution 0S-43
D— Resolution 0G-45
0 Page 2
�_
TOWN OF A~~~^~
Financial Overview
nEvsmuEa
Taxes
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeitures
Special Assessments
mvonunont Earnings
Other Revenue
Total Operating Revenues
Other Sources
Sales of Fixed Assets
Transfers-in From Other Funds
Capital Lease Proceeds
TOTAL REVENUES
eXpEwonuREo
G*n*m| Government and Finance
Community Development
Public Safety
Public Works, Engineering and Utilities
Transportation and Fleet Maintenance
Recreation and Culture
Total Operating Expenditures
Contingency
Debt Service
Capital Improvements and Equipment Replacement
Other Uses
Transfers-Out ro Other Funds
TOTAL EXPENDITURES
NET SOURCE (uoE) oFFUNDS
FUND BALANCES, Beginning orYear
FUND BALANCES, End nfYear
Original or
Pmv.xmnou.
Actual Budget
2005 2006
Final
Revised proposed
Budget Budget
2000 2007
$ 12,057.347 $
11,421J05 $
11,863,809 $
11.919,172
249,032
830504
032,004
780100
1,179.e85
2.378.488
2.714.902
3.e71.544
5.081,453
6.614.8e5
8,403,478
7,46e137
53,448
59.900
74.350
80.250
31,464
2318940
2,329,448
26106e0
440.097
203.508
550.974
000.974
838,679
416,378
506,419
1,629,883_
20,537,385 21,925,431 23,025,937 26,357,060
6,25 4,500 27,70 345,50
2.535.361 2.385.107 3.867.410 3.272,469
93,426 170,000 170,000 167,500
23,172,427 24,485,038 27,191,121
1.742.e61
2.062.824
2.226,45e
2.3ee.004
532,290
e34.384
938,545
1,009,363
1.667.280
1.903.228
1.811.582
2.219.e46
2J40931
3,107,45
3.171/517
3,807,765
3.914.775
4,45*.0*3
4,612,300
5,030597
2024014
2318940
2,329,448
26106e0
12,630,851 14,782,870 15,189,869 17,082,235
- 5,000 5,000 20,000
1.88e.005 1,836025 1.e30.025 1.833.08e
3.2*3.927 0.e28,425 5,365,595 9,501,955
2,385,107 3,967,416 3,212,469
20,298,744 27,938,227 26,364,705 31,650,348
14,106,888 16,524,614 16,980,571 17,806,987
Section |. Page 1
TOWN OF AVON
Financial Overview
Other Sources
Sales of Fixed Assets
Transfers -In From Other Funds
Capital Lease Proceeds
TOTAL REVENUES
EXPENDITURES
General Government, Housing and Finance
Community Development
Police
Public Works, Engineering and Utilities
Transportation and Fleet Maintenance
Recreation and Culture
Total Operating Expenditures
Contingency
Debt Service
Capital Expenditures
Other Uses
Transfers -Out To Other Funds
TOTAL EXPENDITURES
NET SOURCE (USE) OF FUNDS
FUND BALANCES, Beginning of Year
FUND BALANCES, End of Year
1,500 - - - -
200,000 15,000 - - 72,917
167,500 - - - -
13,744,950 68,354 60,000 950,000 72,917
2,398,004 -
1,009,363
2,219,846 - - -
3,572,865 88,882 60,000 86,018
2,610,660 - - -
11,810,738 88,882 60,000 86,018
20,000
1,739,469 - - - 1,273,000
13,570,207 88,882 - 60,000 1,359,018 -
174,743 (20,528) - - (409,018) - 72,917
6,239,226 46,293 - 295,309 1,072,152 946,000 328,000
$ 6,413,969 $ 25,765 $ - $ 295,309 $ 663,134 $ 946,000 $ 400,917
Section I, Page 2
Special Revenue Funds
Mall
Urban
Community
Affordable Facilities
General
Maintenance
Renewal
Enhancement
Water Housing Reserve
Fund
Fund
Fund
Fund
Fund Fund Fund
REVENUE
Taxes
$ 8,552,035
$ $
$ -
$ - $ $ -
Licenses and Permits
786,100
-
- - -
Intergovernmental
944,766
-
- -
Charges for Services
2,355,270
-
910,000 -
Fines and Forfeitures
80,250
-
- -
Special Assessments
-
-
-
-
Investment Earnings
450,000
40,000
Other Revenue
207,529
53,354
60,000
-
Total Operating Revenues
13,375,950
53,354
60,000
950,000 -
Other Sources
Sales of Fixed Assets
Transfers -In From Other Funds
Capital Lease Proceeds
TOTAL REVENUES
EXPENDITURES
General Government, Housing and Finance
Community Development
Police
Public Works, Engineering and Utilities
Transportation and Fleet Maintenance
Recreation and Culture
Total Operating Expenditures
Contingency
Debt Service
Capital Expenditures
Other Uses
Transfers -Out To Other Funds
TOTAL EXPENDITURES
NET SOURCE (USE) OF FUNDS
FUND BALANCES, Beginning of Year
FUND BALANCES, End of Year
1,500 - - - -
200,000 15,000 - - 72,917
167,500 - - - -
13,744,950 68,354 60,000 950,000 72,917
2,398,004 -
1,009,363
2,219,846 - - -
3,572,865 88,882 60,000 86,018
2,610,660 - - -
11,810,738 88,882 60,000 86,018
20,000
1,739,469 - - - 1,273,000
13,570,207 88,882 - 60,000 1,359,018 -
174,743 (20,528) - - (409,018) - 72,917
6,239,226 46,293 - 295,309 1,072,152 946,000 328,000
$ 6,413,969 $ 25,765 $ - $ 295,309 $ 663,134 $ 946,000 $ 400,917
Section I, Page 2
TOWN OF AVON
Financial Overview
- - 8,000 336,000 345,500
591.552 1,273,000 925,000 160,000 35,000 3,272,469
- _--.--____---,��_
1,351,002 482,687 7,344,752 2,870,172 2,302,022 895,673 30,142,529
- -
-
-
-
2.862,492 2.174,105
2,862,492 2,174,105
-
2,398,004
- 1.e33,6ee
- 1.00e.363
008355 9,501,955
2,219,846
-,212,��
3,807,765
866,355 31,650,348
5,036,597
17,082,235 1
100.00%
$
107,872
Internal
$
Debt Service Funds
Capital
Enterprise Funds
Service
percent
Bond
mwo
Projects
Transit
Fleet
Equipment
of
Redemption
Fund
Fund
Fund
Maintenance
Replacement
Total
Total
$ 734.450
* 4e2.887
$ 2.150.000
s '
$
$
$ 11.919.172
-
-
-
-
780.100
-
-
z.nu*.rra
400.000
3.071.544
-
1.537.172
2.142.022
524.873
7.46e.137
-
-
-
80,250
-
-
-
-
25,000
05,974
-
600e74
1,309±00-_______�-----------,629,��-
759,450
482,687
6,071,752
1,937,172
2,142,022
524,673
26,357,060
100,00%
- - 8,000 336,000 345,500
591.552 1,273,000 925,000 160,000 35,000 3,272,469
- _--.--____---,��_
1,351,002 482,687 7,344,752 2,870,172 2,302,022 895,673 30,142,529
- -
-
-
-
2.862,492 2.174,105
2,862,492 2,174,105
-
2,398,004
- 1.e33,6ee
- 1.00e.363
008355 9,501,955
2,219,846
-,212,��
3,807,765
866,355 31,650,348
5,036,597
17,082,235 1
100.00%
1,3o ,0o2 482,687 - -
- 1.e33,6ee
- 8,835.*00 -
008355 9,501,955
- 200,00
-,212,��
1,351,002 482,687 8,835,600 2,862,492 On
866,355 31,650,348
Section |. Page a
44,233
100,192
1,514,718
$
107,872
$
Section |. Page a
RESOLUTION NO. 06 -43
[►�YiANM
A RESOLUTION TO AMEND THE 2006 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES BY
FUND AND AMENDING THE 2006 BUDGET FOR THE TOWN OF AVON,
COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF
JANUARY, 2006, AND ENDING ON THE LAST DAY OF DECEMBER, 2006.
WHEREAS, the Town Council of the Town of Avon has previously adopted the
2006 budget; and
WHEREAS, the Town Council wishes to establish certain new funds in order to
properly budget and account for revenues and expenditures related to new activities; and
WHEREAS, these new funds include a Community Enhancement Fund,
Affordable Housing fund, and Facilities Reserve Fund; and
WHEREAS, the Town Council reviewed the revised estimated revenues and
expenditures for all operating funds for 2006; and
WHEREAS, the Town Council finds it necessary to amend the 2006 budget to
more accurately reflect the revenues and expenditures for 2006; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That the Community Enhancement Fund, Affordable Housing Fund,
and Facilities Reserve Fund are hereby established as special revenue funds of the Town
of Avon.
Section 2. That estimated revenues and expenditures for the following funds are
revised as follows for 2006:
Ending Fund Balance $ 6,591,457
Current
Proposed
Amended
2006 Budget
$ 5,773,617
13,403,628
12,938,019
$ 6,239,226
M
Original or
Previously
Amended
2006 Budget
General Fund
Beginning Fund Balance
$ 5,773,617
Revenues and Other Sources
12,697,388
Expenditures and Other Uses
11,879,548
Ending Fund Balance $ 6,591,457
Current
Proposed
Amended
2006 Budget
$ 5,773,617
13,403,628
12,938,019
$ 6,239,226
M
Mall Maintenance Fund
Beginning Fuld Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Community Enhancement Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Water Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Affordable Housing Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Facilities Reserve Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
2
Original or
Previously
Amended
2006 Budget
$ 21,862
71,033
86,385
$ 6,510
Current
Proposed
Amended
2006 Budget
$ 43,397
89,281
86,385
$ 46 }293
295,309
$ - $ 295,309
$ 927,372
222,000
701,001
$ 448,371
$ 1,284,125
267,600
479,573
$ 1,072,152
946,000
$ - $ 946,000
328,000
$ - $ 328,000
N
Debt Service Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
AMD Debt Service Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Transit Enterprise Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Fleet Maintenance Enterprise Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Equipment Replacement Internal Service
Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
3
Original or
Previously
Amended
2006 Budget
$ 589,697
1,356,519
1.353.519
592,697
$ 42,089
483,306
483,306
$ 42,089
$ 113,099
2,643,396
2,543,881
$ 212,614
$ 324,352
1,960,934
1,912,162
373,124
$ 1,274,730
506,192
304,865
$ 1,476,057
Current
Proposed
Amended
2006 Budget
$ 606,403
1,373,019
1,353,519
$ 625,903
$ 44,233
483,306
483,306
$ 44,233
$ 97,922
2,586,461
2,584,191
100,192
$ 373,559
2,176,008
2.028.117
521,450
$ 1,299,519
527,535
312,336
Section 3. That the budget, as submitted, amended, and hereinabove summarized
by fund, hereby is approved and adopted as the budget of the Town of Avon for the year
stated above.
Section 4. That the budget hereby approved and adopted shall be signed by the
Mayor and made part of the public record of the Town.
ADOPTED this 14t' day of November, 2006.
ATTEST:
Patty McKenny
Town Clerk
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
4
ON
RESOLUTION NO. 06 -45
SERIES OF 2006
A RESOLUTION TO ADOPT THE 2007 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR
EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF AVON,
COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF
JANUARY, 2007, AND ENDING ON THE LAST DAY OF DECEMBER, 2007
WHEREAS, the Town Council of the Town of Avon has appointed the Town
Manager to prepare and submit a proposed budget to said governing body on October 10,
2006, for its consideration; and
WHEREAS, upon due and proper notice, published and posted in accordance with
the law, said proposed budget was open for inspection by the public at a designated place.
A public hearing was held on October 24, 2006, and interested taxpayers were given the
opportunity to file or register any comment to said proposed budget; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance, as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for each fund are as follows
for 2007:
2007
Proposed
Budget
General Fund
Beginning Fund Balance $ 6,239,226
Revenues and Other Sources 13,744,950
Expenditures and Other Uses 13,570,207
Ending Fund Balance $ 6,413 969
Mall Maintenance Fund
Beginning Fund Balance $ 46,293
Revenues and Other Sources 68,354
Expenditures and Other Uses 88,882
Ending Fund Balance $ 25,765
Community Enhancement Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Water Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Affordable Housing Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Facilities Reserve Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Debt Service Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
Avon Metropolitan District Fund
Beginning Fund Balance
Revenues and Other Sources
Expenditures and Other Uses
Ending Fund Balance
2
2007
Proposed
Budget
$ 295,309
60,000
60,000
$ 295,309
$ 1,072,152
950,000
1,359,018
$ 663,134
946,000
$ 946,000
328,000
72,917
400,917
$ 625,903
1,35 t,002
1,351,002
$ 625,903
44,233
482,687
482,687
44,233
2007
Proposed
Budget
Transit Enterprise Fund
Beginning Fund Balance $ 100,192
Revenues and Other Sources 2,870,172
Expenditures and Other Uses 2,862,492
Ending Fund Balance $ 107,872
Fleet Maintenance Enterprise Fund
Beginning Fund Balance $ 521,450
Revenues and Other Sources 2,302,022
Expenditures and Other Uses 2,174,105
Ending Fund Balance $ 649,367
Equipment Replacement Internal Service Fund
Beginning Fund Balance $ 1,514,718
Revenues and Other Sources 895,673
Expenditures and Other Uses 866,355
Ending Fund Balance $ 1,544,036
Section 2. That the budget, as submitted, amended, and hereinabove summarized
by fund, hereby is approved and adopted as the budget of the Town of Avon for the year
stated above.
Section 3. That the budget hereby approved and adopted shall be signed by the
Mayor and made part of the public record of the Town.
ADOPTED this 14t" day of November, 2006.
ATTEST:
Patty McKenny
Town Clerk
3
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
To: Honorable Mayor and Town Council
|mm: Larry Brooks, Town Manager
From: Scott Wright, Finance D
Date: November 0.2005
Re: 2007 Capital Project Fund Budget Adoption and
Acceptance of Long-range Capital Program
Summa :
The Town's final revised Capital Projects Fund budget for 2008 and the proposed 2007 Capital
Projects Fund budget is hereby submitted for adoption by the Avon Town Council. Also submitted for
acceptance by the Town Council is the long-range capital program (otherwise referred to as the 5-year
Previous Council Action:
Concurrently with the presentation of the Town's operating budgmts. the Town Manager presented his
recommended Capital Projects Fund budget at the Council budget retreat held on October 1 0t and
th
One change for the 2007 proposed Capital Projects Fund budget was the addition of the Metcalf Ditch
Drainage totaling $285.000. Operating transfers in from the Water Fund were increased to fund this
project in 2007.
Staff recommends that Council adopt the resolutions discussed above as presented, and accept the
long-range capital program essubmitted.
Town Manaqer Comments:
A — Cupda|PnojectsFunduummary
B— Resolution 0844
C— Resolution OG'4O
D — Long'nangeCnpits| Program (5'yearp|an)
Page 1
REVENUES
Taxes
Intergovernmental
Investment Earnings
Other Revenue
Total Operating Revenues
Other Sources:
Transfer In from Other Funds
TOTAL REVENUES
EXPENDITURES
Capital Improvements:
Facilities
Land and Land Improvements
Roads and Streets
Recreation
Stormwater and Drainage
Strategic Planning
Other
Rebates and Capital Contributions
MUNICIPAL SERVICES
Capital Projects Fund #41
`trn� Suilr`ia ; ,.
Original or
Prev. Amend.
Actual Budget
2005 2006
Final
$ 2,500,000
Revised
Proposed
Budget
Budget
2006
2007
$ 3,254,490
$ 2,500,000
$ 2,500,000
$ 2,150,000
236,110
1,214,296
1,452,000
2,526,778
79,058
85,974
85,974
85,974
320,074
99,000
149,000
1,309,000
3,889,732 3,899,270 4,186,974 6,071,752
260,363 645,000 408,000 1,273,000
4,150,095 4,544,270 4,594,974 7,344,752
1,092,017 1,767,610
119,091
90,000
1,050,739
4,634,000
89,321
731,950
-
40,000
270,950
400,000
3,920
485,000
132,099
475,000
726,000
3,074,100
50,909
-
1,907,000
3,633,500
731,950
383,000
60,000
780,000
250,000
280,000
186,080
485,000
1,141,320
-
Total Capital Improvements 2,758,137 8,623,560 5,053,259 8,635,600
Other Uses
Operating Transfer -Out - General Fund 50,000 50,000 80,000 200,000
Operating Transfer -Out - Affordable Housing - - 846,000 -
Operating Transfer -Out - Wildridge S.I.D. 10,311 - - -
Total Other Uses
60,311
50,000
926,000
200,000
TOTAL EXPENDITURES
2,818,448
8,673,560
5,979,259
8,835,600
NET SOURCE (USE) OF FUNDS
1,331,647
(4,129,290)
(1,384,285)
(1,490,848)
FUND BALANCE, Beginning of Year
6,126,149
7,457,796
7,457,796
6,073,511
FUND BALANCE, End of Year
$ 7,457,796
$ 3,328,506
$ 6,073,511
$ 4,582,663
Section I, Page C -1
MUNICIPAL SERVICES
Capital Projects Fund #41
53000 Total Intergovernmental
Investment Earnings:
57101 Interest Earnings
57000
58102
58104
58211
58211
58211
58211
58211
58211
58211
58211
58999
58999
58000
Total Investment Earnings
149,000 - 171,290
680,296 - 2,130,488
3,920 -
Intergovernmental:
400,000
Federal Grants:
53199
COOT Enhancement Funds Grant
R�v�nle �ai�
FTA/CDOT Transportation Center Grant
200,000 200,000
State Grants:
53299
Colorado Historical Society
Original or
Final
53401
Eagle County Transportation Center Grant
53401
Prev. Amend.
Revised
Proposed
Account
Actual
Budget
Budget
Budget
Number
Description 2005
2006
2006
2007
Taxes:
51401
Real Estate Transfer Tax $ 3,254,490
$ 2,500,000 $
2,500,000
$ 2,150,000
51000
Total Taxes 3,254,490
2,500,000
2,500,000
2,150,000
53000 Total Intergovernmental
Investment Earnings:
57101 Interest Earnings
57000
58102
58104
58211
58211
58211
58211
58211
58211
58211
58211
58999
58999
58000
Total Investment Earnings
149,000 - 171,290
680,296 - 2,130,488
3,920 -
Intergovernmental:
400,000
Federal Grants:
53199
COOT Enhancement Funds Grant
53199
FTA/CDOT Transportation Center Grant
200,000 200,000
State Grants:
53299
Colorado Historical Society
1,000
Local Government/Other Agency:
53401
Eagle County Transportation Center Grant
53401
ECO Trails Grant
53401
Village at (Avon)
53401
Confluence Metro District
53401
Vail Valley Foundation
53401
Eaglebend Housing Authority
53401
ERWSD Sewer Line Replacement
53000 Total Intergovernmental
Investment Earnings:
57101 Interest Earnings
57000
58102
58104
58211
58211
58211
58211
58211
58211
58211
58211
58999
58999
58000
Total Investment Earnings
149,000 - 171,290
680,296 - 2,130,488
3,920 -
Other Revenues:
Utility Capital Facility Fees
Fireplace Fees
Reimbursements:
Sheraton Mountain Vista - 2005 Application
The Gates at Beaver Creek
Confluence - East West Partners
Eagle River Enhancement Project - East West Partnf
Eagle River Enhancement Project - Eagle County
Eagle River Enhancement Project - BCRC
W. Avon Trails - Berry Creek Metro District
East Avon Redevelopment Plan - Landowners
Sheraton Mountain Vista RETT Rebate
Miscellaneous Nonclassified Revenues
Total Other Revenues
Other Sources:
59201 Transfer In from Other Funds
59000 Total Other Sources
50000 TOTAL REVENUES
79,058 85,974 85,974 85,974
79,058 85,974 85,974 85,974
319 - - -
1,500 9,000 9,000 9,000
9,649
9,438
188,133 - -
2,500 50,000 50,000 -
50,000 - -
55,000 - -
- 40,000 40,000
- 50,000 -
- _ - 1,300,000
3,535 - - -
320,074 99,000 149,000 1,309,000
260,363
645,000
400,000
-
-
6,000 -
200,000
200,000
200,000 200,000
-
160,000
846,000 -
1,000
-
- -
25,000
25,000
- 25,000
6,190
-
- -
236,110
1,214,296
1,452,000 2,526,778
Other Revenues:
Utility Capital Facility Fees
Fireplace Fees
Reimbursements:
Sheraton Mountain Vista - 2005 Application
The Gates at Beaver Creek
Confluence - East West Partners
Eagle River Enhancement Project - East West Partnf
Eagle River Enhancement Project - Eagle County
Eagle River Enhancement Project - BCRC
W. Avon Trails - Berry Creek Metro District
East Avon Redevelopment Plan - Landowners
Sheraton Mountain Vista RETT Rebate
Miscellaneous Nonclassified Revenues
Total Other Revenues
Other Sources:
59201 Transfer In from Other Funds
59000 Total Other Sources
50000 TOTAL REVENUES
79,058 85,974 85,974 85,974
79,058 85,974 85,974 85,974
319 - - -
1,500 9,000 9,000 9,000
9,649
9,438
188,133 - -
2,500 50,000 50,000 -
50,000 - -
55,000 - -
- 40,000 40,000
- 50,000 -
- _ - 1,300,000
3,535 - - -
320,074 99,000 149,000 1,309,000
260,363
645,000
408,000
1,273,000
260,363
645,000
408,000
1,273,000
$ 4,150,095 $
4,544,270 $
4,594,974 $
7,344,752
Section I, Page C -2
MUNICIPAL SERVICES
Capital Projects Fund #41
Section |. Page C-3
,^
Land and Land Improvements:
21084
Tract J Bridge Removal
45,000
-
21005
v0Nndgo Park Improvements and Playground
11e.0e1
Original or
Final
2100*
vw|dnuuoPvvxetPam New Block anr4
'
Prev. Amend.
Revised
Proposed
Account
|-TOEnuaneSign Removal
Actual
Budget
eugoe^
Budget
Number
Description
2005
2080
2006
2007
CAPITAL IMPROVEMENT PROJECTS
mOne
Facilities:
52.584
700.000
35.008
800.000
11008
Council Chambers Audio/Video Upgrade
$ 04.501
$ $
-
$
11007
Municipal Building Roof
43.896
204.000
-
230.000
13004
Nottingham Lake Pump Station Expansion
'
75.000
-
-
14001
Transportation Center
903.440
992.610
680.000
2.6*4.100
19001
Municipal Parking Facilities
-
700.000
160.000
-
14002
Bus Storage Facility
-
-
-
50.000
11000
Municipal Building Expansion ( Modular Addition)
-
40.000
360.000
Section |. Page C-3
,^
Land and Land Improvements:
21084
Tract J Bridge Removal
45,000
-
21005
v0Nndgo Park Improvements and Playground
11e.0e1
-
30,90e
2100*
vw|dnuuoPvvxetPam New Block anr4
'
-
-
21007
|-TOEnuaneSign Removal
-
45.000
20.080
Roads and Streets:
Strootsuape:
mOne
Eog|ohonuor.
52.584
700.000
35.008
800.000
31008
Nottingham Rd. Imp. /|-7Um Buck Creek
24.153
-
-
31010
Lighting Study and Conversion
204.000
152.000
230.000
Street Improvements:
Town Center WenVMan:
32007
Plan Implementation
121.1e2
2.000.000
160.000
00.000
32008
Railroad Crossings to Confluence
'
540,000
500,000
32010
vv. Benchmark Rd. ' Realignment
-
-
-
32e.500
35002
Roundabout #4 Conversion
-
-
40,000
410.000
Annual Street Improvements:
annoo
2O0o Paving/Road Improvements
803,635
aaoos
200s Paving/Road Improvements
315,000
345.000
33007
2nnr Paving/Road Improvements
-
430.000
Multi-Modal/Alternative Mobility:
34007
mx|dndgo Traffic Calming & Pedestrian Circulation
250.000
280.000
855,000
a^onS
Swift Gulch Road a|xnpathExtension
28.195
-
-
34010
Swift Gulch Rd. 8ixopam
21.020
260.000
250.000
34011
vvim,iuge Emergency Access
-
25.000
25.000
-
34012
West Avon Trails and Access Enhancement
-
80.000
80.000
Recreation:
51002
Eagle River Enhancement Project
33.e56
523.950
523.950
51003
Eagle River Recreation Access Expansion
'
350.000
9400*
n|CD Water Rights Acquisition
55.485
208.000
208,000
33,000
oto,mv,ate,anu Drainage:
01004
momngham-pvuer Ditch Restoration
-
20.000
180.800
61005
VV. Beaver Creek Blvd. /|'romRailroad
40.000
40.000
315.000
61000
Metcalf Road Drainage
-
-
2e5.000
Section |. Page C-3
,^
�������U��U ��������
MUNICIPAL ~°��"~�"°=°—=°
Capital Projects Fund #41
Account
Number
Description
Aomo|
Original or
Prev. Amend.
Budget
2006
Final
Revised
Budget
znoO
Proposed
Budget
2007
CAPITAL IMPROVEMENT PROJECTS
Strategic Planning:
Development Analysis and Review:
71004
Confluence / Westin mvemnn Resort
1e7.787
-
-
71005
The Gates au Beaver Cmox
678
-
-
7100*
Sheraton Mountain Vista 2OO5Application
9,649
-
71007
East Avon Redevelopment (Master Plan)
-
150.000
100.000
80.000
Planning and Consulting:
79002
Comprehensive Plan
65.381
25.000
25.000
-
78005
2005 General Planning and Consulting
7.455
-
-
79006
2n8s General Planning and Consulting
-
25,000
25,000
rnuor
2onr General Planning and Consulting
-
50.000
78101
Nottingham Park Master Plan
50,000
150.000
79102
Pedestrian Circulation Plan
100.000
'
-
79183
Retail Analysis
-
50.080
50.000
-
7e104
Housing Needs Assessment
-
50.000
-
Other:
93005
Historic Preservation
-
25.000
25.000
25.000
93800
Historic Analysis Study
3.920
-
21.080
-
94005
Water Rights Acquisition
460.000
140.000
400.000
Developer Rebates and Capital Contributions
Rebates:
e2001
Sheraton Mountain Vista
132.09e
300.000
100.000
92002
vvoson mvnmnnt Resort
'
175.000
195.320
-
Capital Contributions:
e5001
East West Partners
e40000
Total Capital Improvement Projects
$ 2,758,137
$ 8,623,560 $
5,053,259
$ 8,635,600
Section |. Page C4
RESOLUTION NO. 06 -44
SERIES OF 2006
A RESOLUTION TO AMEND THE 2006 TOWN OF AVON BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES AND
AMENDING THE 2006 CAPITAL PROJECTS FUND BUDGET FOR THE TOWN OF
AVON, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST
DAY OF JANUARY, 2006, AND ENDING ON THE LAST DAY OF DECEMBER,
2006.
WHEREAS, the Town Council of the Town of Avon has adopted the 2006
Capital Projects Fund budget; and
WHEREAS, the Town Council has reviewed the revised estimated revenues and
expenditures for 2006; and
WHEREAS, the Town Council finds it necessary to amend the 2006 Capital
Projects Fund budget to more accurately reflect the revenues and expenditures for 2006;
and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the budget remains in balance as required by
law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That estimated revenues and expenditures for the Capital Projects
Fund is revised as follows for 2006:
Original or
Previously
Amended
2006
Budget
Capital Proieets Fund
Beginning Fund Balance $ 7,457,796
Revenues and Other Sources 4,544,270
Expenditures and Other Uses 8,673,560
Ending Fund Balance $ 3,328,506
1
Current
Proposed
Amended
2006
Budget
$ 7,457,796
4,594,974
5,979,259
$ 6,073,511
Section 2. That the Capital Projects Fund budget, as submitted, amended, and
hereinabove summarized, hereby is approved and adopted as the capital program budget
of the Town of Avon for the year stated above.
Section 3. That the Capital Projects Fund budget hereby approved, amended, and
adopted shall be signed by the Town Manager and made part of the public record of the
Town.
ADOPTED this 14'11 day of November, 2006.
ATTEST:
Patty McKenny
Town Clerk
2
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
RESOLUTION NO. 06 -46
►` Yid
A RESOLUTION TO ACCEPT THE PROPOSED TOWN OF AVON LONG
RANGE CAPITAL PROGRAM AND SIMULTANEOUSLY ADOPT THE YEAR 2007
CAPITAL PROJECTS FUND BUDGET
A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE
CAPITAL PROJECTS FUND AND ADOPTING A BUDGET FOR THE CALENDAR
YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2007 AND ENDING ON
THE LAST DAY OF DECEMBER, 2007.
WHEREAS, the Town Council of the Town of Avon has appointed the Town
Manager to prepare and submit a long -range capital program to said governing body for
its consideration; and
WHEREAS, the Town Council of the Town of Avon has also appointed the Town
Manager to prepare and submit a proposed Capital Projects Fund budget to said
governing body for its consideration; and
WHEREAS, upon due and proper notice, published and posted in accordance with
the law, said proposed budget was open for inspection by the public at a designated place.
A public hearing was held on October 24, 2006, and interested taxpayers were given the
opportunity to file or register any comment to said proposed budget; and
WHEREAS, whatever increases may have been made in the expenditures, like
increases were added to the revenues so that the Capital Projects Fund budget remains in
balance, as required by law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. That the long -range capital program as submitted to the Town Council
is hereby accepted as an official Town document and planning tool, and that the
information contained therein may be revised or extended each year with regard to capital
improvements.
Section 2. That estimated revenues and expenditures for the Capital Projects
Fund are as follows for 2007:
2007
Proposed
Budget
Capital Projects Fund
Beginning Fund Balance $ 6,008,727
Revenues and Other Sources 4,194,270
Expenditures and Other Uses 7,903,105
Ending Fund Balance $ 2,299, 892
Section 3. That the budget, as submitted, and hereinabove summarized, hereby is
approved and adopted as the Capital Projects Fund budget of the Town of Avon for the
year stated above.
Section 4. That the Capital Projects Fund budget hereby approved and adopted
shall be signed by the Mayor and made part of the public record of the Town.
ADOPTED this 14th day of November, 2006.
I_UIK11�.` Ili
Patty McKenny, Town Clerk
2
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
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To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Scott Wright, Finance Directo<—D,>-�
Date:
November 9, 2006
Re:
Certification of Delinquent Tax Payers
Summary: Town of Avon staff has attempted collection of real estate transfer taxes that are due to
the Town of Avon. Certain taxpayers have neglected to pay their Real Estate Transfer Tax on real estate
transactions that have occurred within the Town of Avon in 2006.
Discussion: According to Avon's Municipal Code, delinquent taxes are subject to penalties and
interest, the delinquent taxes constitute a lien on the property and the delinquent taxes may be filed with the
County Treasurer for collection on their property tax rolls.
Recommendation: Approve Resolution #06-47 certifying the delinquent tax payers to the
County for collection.
Town Manager Comments:
RESOLUTION NO. 06 -47
644 •iM ES) 1Z1I'
A RESOLUTION CERTIFYING DELINQUENT REAL ESTATE TRANSFER TAX FOR
COLLECTION BY THE EAGLE COUNTY TREASURER
WHEREAS, the Town Council of the Town of Avon, Colorado imposes a Real Estate Transfer tax
on the conveyance of property within the Town of Avon.
WHEREAS, the cost of this transfer tax is 2% of the purchase price and is due and payable at the
time of closing.
WHEREAS, failure to pay the tax when due shall cause a penalty and interest to be assessed.
WHEREAS, Real Estate Transfer Tax on a property in Avon has not been paid.
NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, Colorado
that the following property is hereby declared to be in default for failure to pay this tax when due and is
hereby certified to the County Treasurer for collection.
Beaver Bench Condominium, Unit #1322 414 Beaver Creek Blvd. $ 889.20
Pines of Wildridge, Unit C 2511 Old Trail Rd 220.64
ADOPTED this 14th day of November, 2006.
TOWN OF AVON, COLORADO
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
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To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Jeffrey Schneider, Engineer II
Date: November 8, 2006
Re: Resolution No. 06 -48, Approving the Amended Final Plat, A Resubdivision of Lots
12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (2190A &
2190B Saddleridge Loop)
Summary: Chadd Ziegler, owner of Lots 12A and 12B, Block 1, Wildridge, has submitted
an Amended Final Plat to resubdivide Lots 12A and 12B, Block 1, Wildridge, Town of Avon,
Eagle County, Colorado. This is an amended Duplex Subdivision of a developed duplex lot,
relocating one lot line and creating a roof overhang easement. The Subdivision is in
conformance with the Title 16 of the Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 06-48, Series of
2006, A Resolution Approving the Final Plat, a Resubdivision of Lots 12A and 12B, Block 1,
Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical
corrections identified by staff.
Recommended Motion: I move to approve Resolution No. 06 -48, Series of 2006, A
Resolution Approving the Final Plat, a Resubdivision of Lots 12A and 12B, Block 1,
Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical
corrections identified by staff.
Town Manager Comments:
Attachments:
Exhibit A Resolution 06 -48, Series of 2006
Exhibit B Copy of Amended Final Plat, Lots 12A and 12B, Block 1, Wildridge
CADocuments and Settings \nwood \Local Settings \Temporary Internet Files \OLK23 \L12B1 WRamendedFP council memo.doc
L— X l'a 146 j r dr� s>
TOWN OF AVON
RESOLUTION NO. 06 - 48
Series of 2006
A RESOLUTION APPROVING THE AMENDED FINAL PLAT, A RESUBDIVISION
OF LOTS 12A AND 12B, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE
COUNTY, COLORADO.
WHEREAS, Chadd Ziegler has submitted an Amended Final Plat for a Resubdivision of Lots
12A and 12B, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, located at 2190A
and 2190B Saddleridge Loop; and
WHEREAS, the Amended Final Plat has been reviewed by the Town Staff, and
WHEREAS, the Amended Final Plat was found to be substantially in conformance with Title 16
of the Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as an
Amended Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Amended Final Plat for A Resubdivision of Lots 12A and 12B, Block 1,
Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon
subject to:
The completion of technical corrections as identified by Town Staff.
ADOPTED THIS
Patty McKenney
Town Clerk
DAY OF , 2006.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Ron Wolfe, Mayor
C:ADocuments and Settings \nwood \Local Settings \Temporary Internet Files \0LK23\L1213 1 WRamendedFP res06- 48.doc
CERTIFICATE OF DEDICATION AND OWNERSHIP
KNOW ALL MEN BY THEME PRESENTS THAT DOUG WWA S. CHAD DOUGLAS DEOER (AKA CHADD 7EGLER). INSMR
FILNCAL. AND NORTH AMERICAN SAW= BANK BEND SOLE ONNERS IN FEE SNPLE OF ALL THAT REV. PROPERTY
DEDCRMED AS FORAY!&
LOT 12A AND LOT 178, SOCK 1. A S ANYWON OF LOT 12 BLOCK i, A S+ECALLY f4.AHE4 AREA RET+LAT NINMMR
THEREOF RECORDED FEBRUARY 11 SOON 335 AT PARE 4tYl, COIMTY OF EABLEE 70 T
AND COLTAIMNG 0.785 ACRES MORE ON LEM HAVE BY THEE PRESENTS LAD-OUT. PLATTED AND 91GU1'NED THE
SALE INTO LOTS AD BLOCKS AS &DON HEREON AND OEWNATE THE SAME AS
i1RST AMENDED PLAT. A RESUBDMSON OF LOT 12A AND COT 178. BLDCf 1. WWDPoOOL TIER/ OF AVON, COUNTY OF
EAGLE. STATE
CPA AND DEDICATE FOR PUBLO i!W 71E SIIEE7S SHOWN HEREM INCUDID AVOWS&
DIVES, BOULEVARDS, LAMES. COURTS. AND NAM TO THE TOWN OF AVON; AND THE U FLUTY AND DRAINAGE
EASEMENTS BMW MOM FOR UTILM AND DRANAGE PURPOSES OIL)' AND DO FURTHER STATE THAT TH86
SUBDNDON SHALL SE SELECT TO THE PR07WK COVENANTS, FLED AND RECORDED FOR TARS SUBDNYOM IN
THE OFFICE OF TIE CLERK AND RECD DEW OF EAGLE COUNTY, COLORAD0. AS DOC RENT N0.
DMOUTED 7M3 DAY OF ALD., 20
ADDRESS: P.O, BOX 8272
DOUGLAS W UJA,IS VAL. OD 5868
STATE OF Y
ss
COUNTY OF Y
THE FOREGOING CFRMFICATE OF DEDICATION AND OMNER%W WAS AC20OMED013) BEFORE HE IM
DAY OF A.D.. 20 BY DOUGLAS WILLIAMS.
MY COMBNSSOO E PME&
WPM MY NAND AM OPTICAL SEAL
7,TL a'I'r-T a
OWNER: ADDREM P.06 GM
CHAD DOUGLAS ZEGLER VAR. O 00 5555
(AKA CHADD iEMMS)
STATE OF Y OR
COUNTY OF Y
TIE
FOREGOING CERWICAIE OF DEDDATWN AND OWRERSIP WAS ACKNOWLEDGED BEFORE ME TM
DAY GF A.D., 20 - BY CHAD DOUGLAS 2EGUOL
MY COMMISSION E7PBET8
MINIONS S MY HAND AND OFFlQAL SEAL
NOTARY PUBLIC
MOR70AOEE: NiSOLHT FINANCAL ADDRESS 3000 PEARK CO. mRET SITE 109
BOULDER,
BY:
nite
STATE OF Y
SS
COUNTY OF
THE FOREGOING COrGIVATE OF DEOCA70NI AND OWOMW+ WAS ACODWIDOED STORE ME 7186
AD., 20 . BY
AS DAY OF OF SOUGHT FWANCA.
MY COMINSSION ETPRE&
STRESS MY HAND AND OFFICUL SEAL
NOTARY PUBLIC
MRIOAWM NORTH AIk7BCAN SAVMOS BANK ADGIRESS,11150 OVERBR APL SUTE 225
LEAWOOD. IM
BY:
TITLE.
STATE OF Y
ss
COUNTY OF L
THE FOREGOING CERTSCATE OF DEDICATION AND OINERSHIP WAS ACODMIDGED BEFORE WE IM
AS DAY OF OF NORTH AMERICAN SA GS
MY CDLBMSSON EUPME&
WT ES5 MY NAM AD OFFICAL SEFJ.
NOTARY P%MW
wB
I
® 1
FIRST AMENDED PLAT
A RESUBDIVISION OF LOT 12A AND LOT 12B, BLOCK 1, WILDRIDGE
A SUBDIVISION OF LOT 12, BLOCK 1, A SPECIALLY PLANNED
AREA- REPLAT NUMBER 2, FINAL SUBDIVISION PLAT OF WILDRIDGE,
TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO
i
1
x
,r�i WnON 35
A%Zt&. 1' -800' i^ TOWNSNP 4 SOUTH
' RANGE 82 WEST, 610 P.M.
WOW! 4 SOUIN TANIIP 4 WM
--- E HEWS! W RYIN SITE — —
LOCAWN
i
TOWN CERTIFICATE
TIES PLAT. NN=MM VACATION OF' ANY LOT LEE$ EASEMENTS NO MOM OF WAY. PREMOWLY
DEDDAIED AO NOT DEDDATED HEREON. IS APPROVED BY THE 71 M COUNCA. OF TLE TOWN OF AVON.
COUNTY OF EAGLE STATE OF COLORADO 1HS DAY OF' A 0-
20 _FOR FOND WIN THE CLERK AND RECORDER OF MLLE COUNTY OF EASE AND FOR CONVEYANCE
10 THE TORN OF THE PUBLIC DED"MONS SOWN NE1&'Oti. METE SAME TO SPERBEDE THE LNlOR PLAT.
SSA= 10 THE PROVISON THAT APPROVAL M t0 WAY OBWA7E4 THE TOMq Oi AWII FOR F97ANCNG
OR COMFUNICBO OF IMPROVEMENTS ON LANDS, STREETS, OR EABDEHTB DEDICATED DEE" AS
MipFDALLY AGREED 70 BY TIE TON WINCE. AJA FlBRER THAT SAID APPROVAL SMALL N NO WAY
OBOA7E 7W TOWN OF A%NN FOR MINN1OWiCE OF STREETS tMTL CONSIBO71ONt OF BPROVflENiS
THEREON SOUL HAVE SEEM COMPLETED 70 THE SAIWACRON OF THE TOWN CMRICL APPROVAL OF
TITS PLAT BY THE TOWN IS A CONSENT ONLY AND IS NOT TO BE CONSiRED AS AN APPROVAL OF THE
MHNICAL CORRECTNESS OF THIS PLAT OR ANY DOC MINTATION RELATING TIVIE10.
WIIESS MY HAND AND SEAL OF THE TOWN OF AWN TOWN COUNCL OF THE TOWN OF AVON
or
MAYOR
ATTEST: TOW CLEW
TITLE INSURANCE COMPANY OR ATTORNEY'S CERTIFICATE
mac FROM CERIIY THAT
HAS EXAA ED THE WGI 10 AL
LARDS SHOWN UPON TINM PLAT AD THAT TITLE 70 SUCH LARDS M VESTED N:
FREE AID CLEAR OF ALL UDM DCUMStAMM TAXES AD ASSESSMENTS EXCEPT AS F'OLGB^a
DATED THIS DAY OF
AGENT'
CEKTBkATE OF TALES PAD
L TIE DD HERESY CERi1FY THAT THE ENTRRE AMOUNT OF TALES AID ASSESSMENTS DUE
AD PAYABE AS OF UPON ALL PARCELS OF REAL. ESTATE DESCRIBED ON TINS GOAT
ARE PAD IN FULL.
DAZED TMS __ DAY OF AD.. 20—
TREASURER OF EAGLE ODUN7Y
CLERK AND RECORDER'S CERDFlCA7E
1HIS PLAT WAS FLED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER Y O'CLOCK ON INN; DAY OF
RECEPTION N0.
OIISC AD RECORDER
BUR
DEPUTY
GRAPHIC SCALE
2p 9 1p 2p
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MONUMENT LEGEND
0 FOUND Na 5 REBAC WHIM ALUMVM CAP. LS 14M 5447
• FORD Na 5 REBAR MIH ALUMNI CAP. L.S. ft 275M
A SET Nb 5 REPAIR " ALANNAI CAP, L.& No• 27598
10 SLOPE MAINTENANCE. DRAINAGE
AND SHOW STORAGE EASEMENT
(RD:EF"DON - 225437)
e. Xy-/6 /T `;B a
GENERAL NOTES_
1 DATE OF SURVEY: AUGUST 1% 2005.
2 BASIS OF BEAIMOS TIME LIE CONNECTING THE FOND MONRMNTS MMIOLID THE NORTHEAST CORNER
OF LOT 4 AND THE NORTHWEST CABER OF LOT 4w N44'10'04'W - 145.07.
3 MOONENTAIONI AS DWICATED HEREON,
4 THE PURPOSE OF IM PLAT IS 70 AMEND D (STING WTI COMMON TO LOT 120k AND LOT 128 AS
SHOWN HEREON.
5 PEAL LARD SURVEYNIO, INC, DD NOT PERFORM A 711LE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH
OWMWWP, L46MO TS OR RO TS-OF -WAY OF RECORD RECORD DOIXROM UTIU ED W THIS E7ENPRON
PLAT WERE PROVDED BY LAD TIRE OUARINTEE COMPANY.
LOT 12A, ORDER " V5001540+-56 DATED JULY 2% 20011 AT &00 P.N.
LOT 128 ORDER Na 275285, DATED ALY 25. 2005 AT &DO P.Y.
8 NOTICE'
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACRON BASED NPOI ANY DEFECT IN
IM SURVEY 117HMN TFWEE YEARS AFTER YOU FIRST O9COVFR SOH DEFECT. N NO EVENT. MAY ANY
ACTION BASED UPON ANY DEFECT N THIS SURVEY BE COMMENCED MORE THAN 101 YEARS FROM THE
DATE OF CERWICATKN SHOWN HEREON.
SURVEYOR'S CERTIFICATE
L OW MOOS. DO HOEHY CR1IY THAT I AM A PROFESSIONAL LAND SURVEYOR UCB= UDER THE LAWS OF THE
STATE OF COLORADO. THAT THIS PLAT IS A TRUE CON= AND COMPLETE PLAT OF FIRS' AMD M PLAT. A
RESISOOSW OF LOT 12A AND LOT 128. SLOCG 1. WMDFAW AS CAD OUT. PLATTED. DEDICATED AND *00 HEREON,
THAT SUCH PLAT WAS MADE FROM AN ACCURATE "VEY OF MAID FRO MM BY ME AND/OR LOW MY S PERVISON
AND CORRECTLY SOWS TIE LOCA7ON AND IN ENS INS OF THE LO1M, EASEMENTS AND STREETS OF SAD SUIXXVMON
AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WM APPLICABLE REGU TIONS GOVERNING TIE
SHI DFASION OF LAID. ALL MONUMENT'S ARE SET AS REQUIRED BY THE S SIDTWS ON REGUATDNS OF THE TOWN OF
AVON.
N MTNESS WHEREOF I HAVE SET MY HAND AND SEAL TIES _ DAY OF AD„ JM
BRENT BOOS
COLORADO P.L& N0. 27590
1 `
(RECEPTION SETBACK 2 L43
(IECEPiNON Na 228437)
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/
OP-5-7111t
LAND USE SUMMARY m
`
49
TRACT P
LEI. M& WL d
LOT 12A 0.214 RESIDENTIAL 2190A SADDLE ROTE LOOP
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MONUMENT LEGEND
0 FOUND Na 5 REBAC WHIM ALUMVM CAP. LS 14M 5447
• FORD Na 5 REBAR MIH ALUMNI CAP. L.S. ft 275M
A SET Nb 5 REPAIR " ALANNAI CAP, L.& No• 27598
10 SLOPE MAINTENANCE. DRAINAGE
AND SHOW STORAGE EASEMENT
(RD:EF"DON - 225437)
e. Xy-/6 /T `;B a
GENERAL NOTES_
1 DATE OF SURVEY: AUGUST 1% 2005.
2 BASIS OF BEAIMOS TIME LIE CONNECTING THE FOND MONRMNTS MMIOLID THE NORTHEAST CORNER
OF LOT 4 AND THE NORTHWEST CABER OF LOT 4w N44'10'04'W - 145.07.
3 MOONENTAIONI AS DWICATED HEREON,
4 THE PURPOSE OF IM PLAT IS 70 AMEND D (STING WTI COMMON TO LOT 120k AND LOT 128 AS
SHOWN HEREON.
5 PEAL LARD SURVEYNIO, INC, DD NOT PERFORM A 711LE SEARCH OF THE SUBJECT PROPERTY TO ESTABLISH
OWMWWP, L46MO TS OR RO TS-OF -WAY OF RECORD RECORD DOIXROM UTIU ED W THIS E7ENPRON
PLAT WERE PROVDED BY LAD TIRE OUARINTEE COMPANY.
LOT 12A, ORDER " V5001540+-56 DATED JULY 2% 20011 AT &00 P.N.
LOT 128 ORDER Na 275285, DATED ALY 25. 2005 AT &DO P.Y.
8 NOTICE'
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACRON BASED NPOI ANY DEFECT IN
IM SURVEY 117HMN TFWEE YEARS AFTER YOU FIRST O9COVFR SOH DEFECT. N NO EVENT. MAY ANY
ACTION BASED UPON ANY DEFECT N THIS SURVEY BE COMMENCED MORE THAN 101 YEARS FROM THE
DATE OF CERWICATKN SHOWN HEREON.
SURVEYOR'S CERTIFICATE
L OW MOOS. DO HOEHY CR1IY THAT I AM A PROFESSIONAL LAND SURVEYOR UCB= UDER THE LAWS OF THE
STATE OF COLORADO. THAT THIS PLAT IS A TRUE CON= AND COMPLETE PLAT OF FIRS' AMD M PLAT. A
RESISOOSW OF LOT 12A AND LOT 128. SLOCG 1. WMDFAW AS CAD OUT. PLATTED. DEDICATED AND *00 HEREON,
THAT SUCH PLAT WAS MADE FROM AN ACCURATE "VEY OF MAID FRO MM BY ME AND/OR LOW MY S PERVISON
AND CORRECTLY SOWS TIE LOCA7ON AND IN ENS INS OF THE LO1M, EASEMENTS AND STREETS OF SAD SUIXXVMON
AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WM APPLICABLE REGU TIONS GOVERNING TIE
SHI DFASION OF LAID. ALL MONUMENT'S ARE SET AS REQUIRED BY THE S SIDTWS ON REGUATDNS OF THE TOWN OF
AVON.
N MTNESS WHEREOF I HAVE SET MY HAND AND SEAL TIES _ DAY OF AD„ JM
BRENT BOOS
COLORADO P.L& N0. 27590
1 `
(RECEPTION SETBACK 2 L43
(IECEPiNON Na 228437)
V %1
Q
� % 1
/ C EATER O EA9EAElIT
J ( (HATONED AtE1
TOTAL 0.786
TRACT A
BENCHMARK AT BEXT11
CREEK SUBDIMSON
AMENDMENT N.7
DRAi N ST., m jo No. 3501.1
DAZ& 00/05/06 mw i NL 1
a
>
4
/
TAT 12A
0.214 ACES
UTU(R AD ORAM 2
11605 (fECX?TION Na 2
LAND USE SUMMARY m
`
49
TRACT P
LEI. M& WL d
LOT 12A 0.214 RESIDENTIAL 2190A SADDLE ROTE LOOP
LOT 120 0.572 RES ENRAL 21908 SADDLE RIDGE LOOP
TOTAL 0.786
TRACT A
BENCHMARK AT BEXT11
CREEK SUBDIMSON
AMENDMENT N.7
DRAi N ST., m jo No. 3501.1
DAZ& 00/05/06 mw i NL 1
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD OCTOBER 24'2006
/\ regular meeting of the Town of Avon, Co|O[8dO was held at the /\VUO Municipal Building, 400
Benchmark Road, Avon, Colorado iO the Council Chambers.
K88yO[ Ron \8/VlfS called the meeting to order at 5:30 PM. /\ nJU C@U was taken and Council
[OHnlberS present were Debbie 0UCk|ey, KhEti Fernano, Mac McDevitt, Brian Gip8S. and T@nnr@
Nottingham Underwood. Amy Phillips was absent. Also present were Town Attorney John
OUnn, 7-VxvD K8@D@ge[ Larry Brooks, Deputy -[0vvD Clerk Debbie P8di||8. Town Engineer NO[[n
VV0od. FiO8OC8 Director Scott Wright, Police Chief Brian Kozak, Community Development
Director Eric Heidemann and Pub|ioVVorks/TraDSit Director Bob Reed as well as members Of
the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OFINTEREST
Mayor Pro Tern Underwood noted that she would make 8 request regarding Resolution NO. 00-
39 at the time it is consider on the agenda. There was no potential conflict Of /nt8neSie for this
COMMUNITY INPUT
BU} H8rnnler, Stone Creek Elementary Charter School, addressed Council with regard to the tap
fees due the Eagle River Water & Sanitation District. He noted that tap fees are estimated at
just over $1OOK; and they are currently negotiating 8 p?yDlent p|@D with ERVV8D. He asked
why the school would have to pay the Town's share estimated at over $1OK when the group isa
short-term tenant of the property. He informed Council he would h8 attending the next ERVV8O
Board meeting to request their consideration 0f8 payment plan. He noted that ERVV8[} has
requested that the Town 0USt first 8pp[OV8 the payment p|8D prior to any consideration by their
Board. Town Engineer Norm VVOOd addressed the queStiOO. noting that Avon's portion of tap
fees are returned toT[8er Creek and then returned to Eagle Vail Metro District @Sthe owner of
the vv@te[ OiSCUSSiOn ensued about the size of the line being installed and the fUtUn3 needs for
/\vOn. which are unknown at this time. It was noted that the agreement contemplates
improvement and the taps, but language may need to be dearer. In summary, two questions
are at hand:
1. VVOU/d the tOVVD support G payment p|gn. ER\8/S[} noUSt know if the Town Supports that
request;
2. The SChOO| is nl8hiDg an improvement to the ppoperty, vvOUld the ƒOvvD agree that the value
of the tap Stay with the property, SO that the short-term t8n8D[ would not have to be held
responsible for that capital iOOpFOVe[D8Dt' (OD 8 one inch tap)
Due to the D8tUFe of the [OpiC, it was asked that this item be placed on the next agenda as a
discussion item SO that staff & Council COU|d review appropriate documents. Council supported
the Stone Creek School Board's request t0ERVVG[) for a payment plan. Council also requested
an update to the St3tUS of permanent |OC@ti0O for the SChOV|; Hgrnnoer noted that they would
be providing an Update in the near future.
OTHER BUSINESS
Pastor TODlrDy of Calvary Chapel was present to 8ddF8SS the Fall Fun Night, an event
sponsored by his church. They are providing activity for teens, which is the reason behind the
hours Ofthe event and the need to obtain the sound permit. Mayor Wolfe opened the Public
Hearing for the tOpiC, no comments were made, and the hearing was closed. Councilor Buckley
moved to approve the Outdoor Use of Sound Amplification for Applicant Calvary Chapel Vail
Valley for "Fall Fun Night" On October 31, 2006. 4 PM — 10 PM; Councilor Sipes seconded the
motion and it passed unanimously by those members present (Phillips absent).
Scott Wright, Finance Director presented the 2007 budget to COUOCi| and noted that this hearing
was an opportunity for the citizens of Avon to ask questions regarding the document. Councilor
Buckley raised questions on behalf Ofthe Avon Business Association about the corporate level
of recreation center passes and related termination dates of the p8SSBn. F{eCF8otiOO Director
Meryl Jacobs presented the status of the punch cards. After some discussion about ideas on
how tO handle the expiration date of corporate p8SSeS. it was agreed that the town [O8n8g8r &
recreation director review the policy and possibly provide some alternatives. Finance Director
Scott Wright noted that a public notice for the hearing was printed in the newspaper. [}ieouSSinn
ensued about trying to include the budget document on the tOvvD'S VVebGite and using the
distribution list to inform the public about its future consideration. Mayor Wolfe opened the
public hearing for TOvvD of Avon 2007 Budget, no CO[DDleOtS were no8de, the hearing was
closed.
RESOLUTIONS
K8@yO[ Pro Tern Underwood requested that Resolution NO. 06-38. Series of 2006, Resolution In
Support of Referendum |: The Co|VnGdO Domestic Partnership Act be withdrawn from the
agenda, that She is not interested in asking for Council support of this legislation due to the
negative campaigning going OD during this election cycle.
Norm \Ntx}d. Town Engineer, presented Resolution 08-40' Series of 2006. Resolution 05-
40.GeheS of 2006, /\ Resolution Approving the HDa| [|UDdOnniniU[n Map for Mountain Center
Condominiums, a ReSubdiviSiOO Of Mountain Center Condominium Building and Mountain
Center Phase 2' TOVVO Of AVOD, Eagle COUntv, Colorado". The project is at 910 Nottingham
Road and the proposed subdivision will nesubdivida two units and create approximately 11 new
units and common elements. Staff recommended approval Of the map. Councilor Sipes moved
to approve Resolution 08-40' Series of 2006, Resolution 06-40.8eheS of 2006, A Resolution
Approving the Final COOdODliOiUDl Map for K8OUOt@/D Center C0nd0rDiDiUDlS. Councilor
McDevitt seconded the motion and it passed unanimously by those present (Phillips absent).
Community Development Director Eric Heidemann introduced new senior planner Matt Gennett
tO the Avon Town Council.
Matt Pie|StiCker, P|8DmBr, presented Resolution NO. 06-41. Series of 2006 Resolution formally
commenting OD the draft White River N8LiOD8| Forest Travel Management Plan and draft
EOvin]DDleOt8| |Dlp8{t Statement COnnDleOtS On draft White River National Forest Travel
Management Plan". He noted that this resolution was 8 follow-up from prior meetings and the
open house held in /\UgUSt. Based on the data collected at the 0SetiOgS, staff submitted to
COUDCi/ 8 list of detailed comments in reSpODS8 to the draft White River National Forest Service
-[[8v8| K88D@geDleOt Plan for the Holy CnOSS Ranger District, which SUrn]uDda Avon; the rnernO
included 8 summary of the plan and proposed comments. Thursday, 10/228/06 is the deadline
and everyone was encouraged to respond; it was Suggested that staff include the numbers Of
people who participated and commented. Councilor Ferraro moved t0 approve Res0|UhOO No.
08-41. Series of 2000. Resolution h}rm8||y CO00eOUng on the draft White River National Forest
Travel Management Plan. Councilor Sipes seconded the motion and it passed unanimously by
those present (Phillips @bSeDU.
Regular Council Meeting Page 2 of 4
October 24, 2006
NEW BUSINESS
Bob Reed, Transit Director, presented the |DteFgOVeOlrDeOtG| Agreement with Beaver Creek
Metropolitan District for Transportation Services Agreement. He noted that the Agreement
addresses transportation services from 11/1/06 through 10/31/07 and is the same as the prior
y88[ He also noted that the rate is based on @{tu8| costs. COUOCi|Or Buckley moved to
approve the |G/\ with BCN1D. Councilor Ferraro seconded the motion and it passed
unanimously by those present (Phillips gbseni\.
Larry Brooks, Town Manager, presented the Hazardous Material Recycling FeqUest from the
Eagle-Vail Property Owners' Association @SkiOQ for a monetary contribution to sponsor a
hOUS8hON h@z0Et C0UeCtiOD day. Several changes have been made to this event and the
Eagle Valley Alliance Group is the main sponsor at this time and the location will be the
F8CyC|iDg center on the lFFge[Creek Property. It was nBCO00eDded that the item be tabled at
this time until 8ddibOO@| iRfO[DlEdinn can be obtained on both the COSt & the dat8. So that
ultimately the Avon resident might benefit from the event.
TOWN MANAGER REPORT
Scott Wright, Finance Director and Larry BFOOk3' TOvvO Manage[, have distributed G request for
pnOpOS@( On behalf of the Urban Ren8VV@| Authority to obtain prOp0S@|S for an urban r8Devva|
p|8D for Avon, due back DO later than 11/17/06. BnDohS also noted that he vvOu|d not attend the
candidate forum because he would be at a CAST meeting.
TOWN ATTORNEY REPORT
John [}Unn. Town Attorney, noted that he vvDu}d be out of town for the next meeting on
11/14/O8.
MAYOR'S REPORT
Mayor Wolfe noted the dates of several candidate forum meetings taking place in the near
future. He also noted that Eagle County Commissioners have funded Avon's transit center in
the amount of $40OK; the Avon Town Council expressed their appreciation for this funding from
the county. Larry Brooks, Town Manager also presented an update on the recent 1-70 Coalition
u
(�rOUp'S 2 n8OOu8/ retreat, 8 meeting where the focus is to continue [0 address 1-70 alternative
modes Of transportation, Eagle River Preserve 8t8tUS & 8tHe[iDQ Committee Update was
provided by Mayor Wolfe 8Swell.
CONSENT AGENDA
Mayor Wolfe asked for a nn0tiOO OD the Consent Agenda below. Mayor Pro Tern Underwood
moved to adopt the CODSeDt agenda; Councilor Sipes seconded the motion and it passed
unanimously.
8. Contract with /\xiG for the "Silver Sneakers" national fitness pnJgngno for senior citizens
b. 2000 8tF8e1 |Dlpr0veDleDtS' E|8Dl Construction, Inc. Change Order 003 - Final Change
Order
c. Design Services PrOpOS8| for Nottingham and Puder Ditch He@dg8te |Dlp[ovenneOtS -
Bishop BrOgden'Inc
Regular Council Meeting Page aof*
October 24, 2006
There being no further business to come before the Council, the regular meeting adjourned at
6:30 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Debbie Buckley
Kristi Ferraro
Mac McDevitt
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting
October 24, 2006
Page 4 of 4
� J� L:4 I I me
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Dan Higgins
ILL-
Date: October 30, 2006
Re: Service Agreement with Vail Associates Inc. (D.A.R.)
Background: The Town of Avon operates fleet maintenance out of its Swift Gulch
facility located at 500 Swift Gulch Road. We have several annual maintenance contracts with
neighboring districts.
One of our goals is to secure more third party revenue to help reduce the subsidy of our
operation.
Discussion: Attached is a one -year service agreement for 2007 between the Town and
Vail Associates Inc. for vehicle maintenance.
Financial Implications: The agreement contains our standard price of
$90.00/hour ($95.00/hour for 2007) for routine and preventive maintenance as well as repair
and replacement. We have billed V.A.I. (D.A.R) 2,990 hours of labor ($269,148.00) in 2006.
Recommendation: Staff recommends approval of the one -year service agreement
with Vail Associates Inc.
Town Manager Comments:
.r ,r
SERVICE AGREEMENT
This agreement is made and entered into this day of , 2006 by and between Vail Associates Inc., a
Colorado corporation whose address is P.O. Box 7, Vail Colorado, 81658 (hereafter know as "VAI ") and the Town of Avon
whose address is P.O. Box 1726, 500 Swift Gulch Road, Avon, Colorado, 81620 (hereafter designated as "Contractor").
RECITAL
In consideration of the obligation of VAI to pay the Contractor as herein provided and in consideration of the other terms
and conditions hereof, the parties agree as follows:
Contractor Services: Contractor will, during the term of this Agreement, provide:
(a) Routine maintenance and preventive maintenance ( "Routine Maintenance ") of the Beaver Creek
Resort Company buses, which are operated by VAI. Service will be performed on approximately 59
buses or other vehicles, although the number of vehicles and equipment serviced may be increased
or decreased in VAT's sole discretion; provided, the combined number of vehicles and equipment
shall not exceed 75 without the approval of Contractor. Routine Maintenance will be performed at
least every 3,000 miles or 250 hours of use. Routine Maintenance shall consist of those services
outlined in Exhibit A attached hereto.
(b) Repair and replacement work as requested by VAI ( "Repair and Replacement'). No payment for any
Repair and Replacement shall be due unless VAI has approved of such charges. Services may be
commenced with verbal approval by VAI of a written estimate submitted by Contractor. Repair and
Replacement includes, without limitation, transmissions repairs, engine repairs, rear end repairs and
any other work or repairs exceeding $2,000.00. VAI acknowledges that subcontractors will perform
certain repair work. Contractor shall be responsible for assuring that all such subcontracted work will
be performed promptly and in accordance with the terms and conditions of this Agreement.
(collectively the "Services ")
Facilities: Contractor represents that its facilities are in good repair and adequately equipped and
that it has a sufficient staff to perform all work in a timely manner. All Routine Maintenance shall be
completed within 24 hours of any vehicle being brought to Contractor's facility.
Compensation: In consideration of Contractor's services during the term of this Agreement, VAI will
pay Contractor the shop rate of $90.00 per hour for Routine Maintenance and Repair and
Replacement. Effective January 1, 2007 the shop rate will be $95.00 per hour. Materials and sublet
work shall be charged at cost plus ten percent. Invoice shall be issued by the 10`h of each month for
services performed the previous month. Payment shall be remitted within ten (10) days of receipt of
invoice. Contractor's Fueling Facilities may be used by VAI. The cost of Unleaded Gasoline and
Diesel Fuel will be at the Contractor's cost plus ten percent. Contractor's vehicle washing facilities
may be used by VAI. Contact TOA for current wash rates.
Terms and Termination: This Agreement will be effective as of October 1, 2006 and will terminate
on September 30, 2007 unless either party fails to substantially perform the duties and obligations in
accordance herewith. In such an event, the other party may terminate this Agreement upon seven
(7) days written notice to that party, unless that party cures the breach within the seven (7) day
remedy period. Either party may terminate this Agreement without cause upon 30 Days written
notice.
Relationships and Taxes: The relationship between the parties is that of independent contracting
parties, and nothing herein shall be deemed or construed by the parties hereto or by any third party
as creating a relationship of principal and agent or partnership, or of a Joint venture between the
parties. Contractor shall be solely responsible for any tax, withholding or contribution levied by the
Federal Social Security Act. Contractor is not entitled to unemployment compensation or other
employment related benefits, which are otherwise made available by VAI to its employees.
Contractor shall provide VAI an original of its Form W -9 (Request for Taxpayer Identification Number
of Certification).
6. Warranty: Contractor shall perform all Services in a prompt, efficient and workmanlike manner.
Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other
warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is
expressly limited to the warranty provided for herein.
7. Assignment: Contractor's duties hereunder requires particular expertise and skills, and may not be
assigned to any third party without the expressed written consent of VAI, and any attempt to do so
shall render this Agreement null and void and no effect as respects the assignee (s) and shall
constitute an event of default by Contractor.
8. Waiver: Failure to insist upon strict compliance with any terms, covenants, and/ or conditions hereof
shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or
relinquishment of any right or power hereunder at any time or more times be deemed a waiver or
relinquishment of such right or power at any other time or times.
9. Benefit: The terms, provisions, and covenants contained in this Agreement shall apply to, inure to
the benefit of and be binding upon the parties hereto and their respective heirs, successors in
interest, and legal representatives except as otherwise herein expressly provided.
10. Situs and Severability: The laws of the State of Colorado shall govern the interpretation, validity,
performance and enforcement of this Agreement. If any provision of this Agreement shall be held to
be invalid or unenforceable, the validity and enforceability of the remaining provisions of this
Agreement shall not be affected thereby.
11. Modification: This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such change,
modification, or termination is sought.
EXECUTED this day of , 2006.
Vail Associates Inc.
A Colorado Corporation
By:
EXECUTED this day of , 2006.
TOWN OF AVON
By:
EXHIBIT A
V1if1RK a p,
"A" PM 3,000 miles or $90.00 hr.
$95.00 hr after 1/1/07
Preventive Maintenance 250 hours Plus parts &
Inspection sublet
"Annual" every 12months $90.00 hr.
$95.00 hr. after 1/1/07
Preventive Maintenance Plus parts &
Inspection sublet
NOTE: Included as a part of Exhibit A is the vehicle listing applicable to this agreement as of
September 1, 2006.
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To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Shane Pegram, Engineer 11
Date: November 7, 2006
Re: Eagle River Recreation Enhancement Project, Bob the Bridge Whitewater Park
Ted Seipel Construction, Inc. — Change Order 001
Summary: Ted Seipel Construction, Inc., under the Town of Avon's Eagle River
Enhancement Project, has constructed three in channel whitewater kayaking features, two
viewing areas and a new boat ramp near the Town of Avon's Bob the Bridge. Change Order
001 is proposed to add in the cost of items agreed upon in the original contract to be paid as
Time and Material items.
Discussion:
The items which were agreed upon during the original contract negotiations to be paid as
Time and Material items include the following:
• Coffer Dam (Culvert) Modification
• Coffer Dam (Culvert) Transport
• Importing Boulders
• Vertical Wall to Boulder
• Left Wing at Junior added Time and Material
• Bond and Insurance Fees
In addition to the list of fees above, this change order includes 36.5% of total charges from
PSI Crane and Rigging to account for placement of boulders that exceeded the original
contract quantity by 36.5%. Due to unexpected conditions encountered at the site, the
increased quantity of boulders was required to complete the project.
U
I
Change Order 001 is summarized below:
Item Description
Total Price
Culvert Modify
$970.00
Culvert Transport
$650.00
Import Boulders (Materials & Trucking)
$21,686.65
Vertical Wall to Boulder & Viewing Area
$13,290.60
Left Wing at Junior
$1,800.00
36.5% of PSI total billing
$8,375.80
Subtotal
$46,773.05
15% Profit and Overhead Surcharge
$7,015.96
Bank Fees in Lieu of Bond
$8,788.87
Insurance
$2,995.72
$ 3,000
$ 2,500
Total
$65,573.60
The total value of Change Order 001 with Ted Seipel Construction, Inc. is an increase of
$65,573.60 to the construction contract.
Financial Implications:
The current budget for the Eagle River Enhancement Project is summarized below:
2
Original
Projected
Base
$354,401
T & M (Change Order 001)
$ 65,574
Direct TOA (precast, coffer, signs)
$ 53,325
Construction (Base, T &M, Direct TOA)
$455,000
$473,300
Easement Acquisition (Surveying, Legal, Title, Etc.)
$ 29,000
$ 31,885
Engineering (Design & Construction Monitoring)
$ 12,000
$ 13,500
Project Administration
$ 3,000
$ 2,500
Contingencies
$ 24,950
$ 2,765
Total
$523,950
$523,950
2
Recommendations:
Approve Change Order 001 to the contract with Ted Seipel Construction, Inc. in the amount
of $65,573.60 for items previously approved in the original contract to be paid as Time and
Material items.
Attachments:
Exhibit A — Change Order 001
Town Manager Comments:
U
CHANGE ORDER
Order No.: 001
Date: November 2 2006
Agreement Date: _August 16, 2006_
NAME OF PROJECT: Eagle River Enhancement, Bob the Bridge Whitewater Park
OWNER: Town of Avon, Colorado
CONTRACTOR: Ted Seipel Construction
The following changes are hereby made to the CONTRACT DOCUMENTS:
Item Descriptio
Quantit Unit
Unit Price Total Price
Culvert Modify
Noble Welding
$970.00
Culvert Transport
Steve's Towing
$250.00
Ted Seipel Construction
$400.00
Culvert total
$650.00
Import Boulders
Brohn Trucking
$10,120.00
B &B Excavating
$3,646.08
Frei and Sons Quarry
$1,089.44
Frei and Sons Quarry
$1,261.35
Frei and Sons Quarry
$1,427.13
Frei and Sons Quarry
$1,305.74
Frei and Sons Quarry
$1,283.07
Frei and Sons Quarry
$1,553.84
Import Boulder total
$21,686.65
Vertical Wall to Boulder
33% of 9/11 to 9/14
37.5 hrs
$180.00 $2,227.50
Flagstone Labor and Retaining Wall
$3,800.00
Cleanup & Pointing details bike path staging
$840.00
area
Bobcat
2 days
$1,200.00
Lamp post removal
$453.50
Structural
3 loads
$255.00
LaFarge Sand
$480.42
LaFarge Roadbase
$257.68
Gallegos Masonry
$799.00
Western Slope Flag
$911.00
Western Slope Flag
$1,079.00
Transport G. J. and back twice + gas TSC
$200.00
Tansport G.J. to Avon TSC
7 hrs
$45.00 $315.00
Tansport G.J. to Avon TSC
7 hrs
$45.00 $315.00
Transport Avon to Gypsum/Gypsum to Avon
3.5 hrs
$45.00 $157.50
Gallegos yard
Vertical Wall total
F $13,290.60
CO -1
I
Justification:
Ted Seipel Construction has provided documentation of the above "Time and Material" items.
All items listed above were agreed upon in the original contract to be paid as "Time and
Material' fees with this Final Change Order.
Change to CONTRACT PRICE: $65,573.60
Original CONTRACT PRICE: $354,401.25
Current CONTRACT PRICE adjusted by previous CHANGE ORDER: N/A
The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $65,573.60
The new CONTRACT PRICE including this CHANGE ORDER will be $419,974.85
Change to CONTRACT TIME: N/A
"S
1
Left Wing at Junior
9/7/06 10 hrs
$180.00 $1800.00
PSI Total Billing
36.5% over contract ($22,637.30)
$8,375.80
Subtotal
$46,773.05
15% Overhead and Surcharge
$7,015.96
Total before Insurance and Bank Fees
$53,789.01
Alpine Bank Fees
$8,788.87
Insurance
CCIA Insurance
$1392.30
Increase limits of Liability Policy
$220.42
Farris Machine Policy
$515.00
Cat 325 on $325,000
$868.00
Cat 320
No Charge
Insurance total
$2995.72
Total
$65,573.60
Justification:
Ted Seipel Construction has provided documentation of the above "Time and Material" items.
All items listed above were agreed upon in the original contract to be paid as "Time and
Material' fees with this Final Change Order.
Change to CONTRACT PRICE: $65,573.60
Original CONTRACT PRICE: $354,401.25
Current CONTRACT PRICE adjusted by previous CHANGE ORDER: N/A
The CONTRACT PRICE due to this CHANGE ORDER will be increased by: $65,573.60
The new CONTRACT PRICE including this CHANGE ORDER will be $419,974.85
Change to CONTRACT TIME: N/A
"S
1
APPROVALS REQUIRED:
Approved by Engineer:
Accepted by Contractor:
Accepted and Approved by Owner:
CO-3
0
I J� Ig I
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Shane Pegram, Engineer 11
Date: November 7, 2006
Re: Town of Avon 2007 Street Improvements — Program Summary and Design
Services Proposal Award
Summary: The 2007 Street Improvements Program generally consists of-
Section 1: West Beaver Creek Boulevard - Benchmark Road to Curve just North
of Avon Elementary School, approximately 3125 linear feet (LF) of 2-
inch asphalt overlay, required striping and remedies for mitigation of
transverse cracks present on the existing roadway.
Section 2: Wildridge Road East - Approximately 9372 LF of 2-inch asphalt
overlay, required striping, grading and shouldering as necessary to
provide drainage and protect edges of new asphalt surface. This will
include widening of the asphalt surface, narrowing lane widths,
installation of an 8-foot wide 'Pedestrian Lane' adjacent to the driving
lanes, delineated by a rumble strip, and required guardrail work.
Section 3: Wildridge Road West - Approximately 4270 LF of 2-inch asphalt
overlay, required striping, grading as necessary to provide drainage and
protect edges of new asphalt surface, and required guardrail work.
C:\Documents And Settings\Nwood\Local Settmgs\Temporary Internet Fi1cs\OLK23\Counci1 Recommendation Memo 2007 St 1rnp.Doc I
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Section 4: Saddleridge Loop - Approximately 3892 LF of 2-inch asphalt overlay,
required striping, and grading as necessary to provide drainage and
protect edges of new asphalt surface. This will include widening of the
asphalt surface, narrowing lane widths, installation of an 8-foot wide
`Pedestrian Lane' adjacent to the driving lanes, delineated by a rumble
strip, and required guardrail work.
We received two proposals for engineering design services in response to the Request for
Proposals (RFP) for Engineering Design Services for the 2007 Street Improvements dated
October 2, 2006. The RFP is attached as Exhibit A. The design services generally consist of
meetings, preliminary design, final design, contract documents, cost estimating, and
construction support. The proposals received were in general conformance with Request for
Proposals and are summarized as follows:
Inter-Mountain Engineering, Ltd. $ 30,900
Marcin Engineering, LLC $ 77,600
In order to evaluate these proposals, the content of the proposals was divided into three
separate categories. These categories were Design Team Qualifications, Quality and
Conformance of the Proposal and Proposed Fee for Services. All firms submitted quality and
conforming proposals.
The Proposals from both firms scored equally well on Design Team Qualifications due to
their strength in identifying similar project experience. Both firms scored well on Quality and
Conformance of the Proposals, although Marcin Engineering failed to mention West Beaver
Creek crack mitigation.
While Marcin Engineering submitted a more detailed break down of base service fees, and
their total Boundary Control fees of $4,700 could be deemed unnecessary and eliminated
from their total lump sum fee, Inter-Mountain has proposed a substantially lower base service
fee along with lower professional hourly rates that could be incurred for any increase in the
scope of work. Since Inter-Mountain's proposal includes the required scope of work with a
base service fee that is $46,700 less than Marcin Engineering's fee, it is recommended that
the proposal submitted by Intermountain Engineering for Design Services for the 2007 Street
Improvement Program be approved
C:\Documents And Settings\Nwood\Local Settings\Temporary Internet Files\OLK23\Council Recommendation Memo 2007 St Imp.Doc 2
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Financial Implications: The proposed project budget for the 2007 Street
Improvement Program is shown below. Two sources of funds comprise the 2007 Street
Improvement program: 2007 Annual Paving budget of $444,400, and the Wildridge Traffic
Calming and Pedestrian Circulation project with a budget of $913,000, resulting in a total
program budget of $1,357,400. '
Design
$ 35,000
Construction
$1,164,000
Administration
$ 35,000
Contingencies
$ 123,400
Total
$1,357,000
Inter - Mountain's design proposal is within the proposed budget of $35,000. The proposal
submitted by Intermountain Engineering also allows space in the budget should the need for
additional design support arise.
Recommendations: Approve the Proposal submitted by Intermountain
Engineering, Inc. in response to the Town's Request for Proposals, dated October 2, 2006, for
the Town of Avon 2007 Street Improvement Program with a Base Service Fee not to exceed
$30,900.
Attachments:
Exhibit A Request for Proposals
Exhibit B Intermountain Engineering Proposal
C\DOCUMents And Settings\Nwood\Local Settings\Temporary Internet Fi1es\0LK23\C0Lmci1 Recommendation Memo 2007 St Imp.Doc 3
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REQUEST FOR PROPOSAL
ENGINEERING DESIGN SERVICES
TOWN OF AVON
2007 STREET IMPROVEMENTS
October 2, 2006
The Town of Avon is requesting proposals for Engineering Design Services for the Town
of Avon 2007 Street Improvement Program. The Engineering Design Services shall
generally consist of preparing engineered plans, engineer's opinion of probable costs,
specifications, bid and contract documents as required for construction of the Town of
Avon 2007 Street Improvements Program. This 2007 Street Improvements Program
generally consists of:
Section 1: West Beaver Creek Boulevard - Benchmark Road to Curve just
North of Avon Elementary School, approximately 3125 linear feet
(LF), mill and prepare asphalt surface for 2 -inch asphalt overlay,
prepare bid documents plus all related work such as traffic control,
striping, etc. Consultant shall also propose remedies for mitigation of
transverse cracks present on the roadway.
Section 2: Wildridge Road East - 2 -inch asphalt overlay, for approximately
9372 LF, striping, traffic control, grading and shouldering as
necessary to provide drainage and protect edges of new asphalt
surface. This will include widening of the asphalt surface, narrowing
lane widths, and installation of an 8 -foot wide `Pedestrian Lane'
adjacent to the driving lanes, delineated by a rumble strip. Design
should include identification of all required guardrail work.
Section 3: Wildridge Road West - 2 -inch asphalt overlay for, approximately
4270 LF, striping, traffic control and grading as necessary to provide
drainage and protect edges of new asphalt surface. This will include
widening of the asphalt surface, narrowing lane widths, and
installation of an 8 -foot wide `Pedestrian Lane' adjacent to the
driving lanes, delineated by a rumble strip. Design should include
identification of all required guardrail work. Safety concerns with
the delineated pedestrian path at sharp/blind corners should be
addressed by the Consultant.
I:AEngineering \CIP \Street Improvements \2007 \2.2 Design (Engineering)A2.2.2 RFP & Proposals \2007 St Imp Design RFP.Doc 1
Section 4: Saddleridge Loop - 2 -inch asphalt overlay for approximately 3892
LF, striping, traffic control and grading as necessary to provide
drainage and protect edges of new asphalt surface. This will include
widening of the asphalt surface, narrowing lane widths, and
installation of an 8 -foot wide `Pedestrian Lane' adjacent to the
driving lanes, delineated by a rumble strip. Design should include
identification of all required guardrail work.
CDOT Standard Specifications for Road and Bridge Construction will be the used as the
standard construction specification where applicable and shall be supplemented as required
for complete construction specification. Town of Avon Construction documents will be
used for Contract Documents including General Conditions, Bid Forms, Bond Forms and
Construction Agreement. These shall be supplemented with Special Conditions as
necessary to fully define the work and responsibilities.
Tentative Project Schedule:
Receive Design Proposals
November 3, 2006
Award Design Contract
November 14, 2006
Preliminary Design & Options Complete
December 5, 2006
Present Preliminary Design to Council
December 12, 2006
Final Design & Contract Documents Complete
January 26, 2007
Advertise for Bids
March 1, 8, 15, 2007
Bid Opening
March 23, 2007
Award Contract
April 10, 2007
Notice to Proceed
April 27, 2007
Construction
May 29 — July27, 2007
Please respond to this Request for Proposal as follows:
1. All completed proposals shall be submitted to the Town Engineer at:
Town of Avon
Atten: Norman Wood, Town Engineer
P.O. Box 975
400 Benchmark Road
Avon, CO 81620
All proposals must be received by 5:00 PM local time, November 3, 2006.
2. The work to be performed under this proposal includes the furnishing of all labor,
equipment, materials, expertise, tools, supplies, insurance, and providing all engineering
and related design services for development of cost estimates, construction drawings,
specifications and bid documents, and administrative assistance through the bid and
construction process for the Town of Avon 2007 Street Improvements Project.
I:AEngineering \CIP \Street Improvements \2007\2.2 Design (Engineering)A2.2.2 RFP & Proposals \2007 St Imp Design RFP.Doc 2
3. Proposals shall include resumes of selected individuals that will be working on the
project both as field and office personnel and supervisors. Pertinent Colorado Professional
Licenses and Certifications shall be included.
4. Proposals shall contain a detailed description of services proposed at a base fixed
cost and a rate table including, but not limited to, hourly fees, reimbursable unit costs, and
company policy for billing travel time and or mileage. Proposal shall also include a project
schedule identifying steps and completion dates for each.
5. Proposals shall be separated into Sections 1 -4 as shown above. The Town reserves
the right to delete any section of the scope of work after award of the design services
agreement.
The following should be noted in response to this request for Proposal:
A. The Town of Avon is an equal opportunity employer, and complies with the
requirements of the American with Disabilities Act wherever pragmatically possible.
B. The Town of Avon reserves the right to reject any and all proposals, to waive any
irregularities, and to make an award in such manner as they may deem right and proper for
the best interest of the Town of Avon.
C. The Town is not liable for costs incurred by proposers prior to the award of the
contract, or at any time after the award of the contract for any costs related to the
preparation or response requirements of the RFP.
D. Prohibition Against Employment of Illegal Aliens
1. The Contractor shall not:
a. Knowingly employ or contract with an illegal alien to perform work
under this public contract for services; or
b. Enter into a contract with a Subcontractor that fails to certify to the
Contactor that the Subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this public contract for services.
2. The Contractor has verified or attempted to verify through participation in
the basic pilot employment verification program (created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended ( "basic pilot program ")) that the Contractor does not employ any illegal
aliens and, if the Contractor is not accepted into the basic pilot program prior to
entering into a public contract for services, that the Contractor shall apply to
participate in the basic pilot program every three months until the Contractor is
accepted or the public contract for services has been completed, whichever is earlier.
This provision shall not be required or effective if the basic pilot program is
discontinued.
I:AEngineering \CIP \Street Improvements \2007 \2.2 Design (Engineering)A2.2.2 RFP & Proposals\2007 St Imp Design RFP.Doc 3
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3. The Contractor shall not use basic pilot program procedures to undertake
pre - employment screening of job applicants while this public contract for services is
being performed.
4. If the Contractor obtains actual knowledge that a Subcontractor performing
work under this public contract for services knowingly employs or contracts with an
illegal alien, the Contractor shall:
a. Notify the Subcontractor and the contracting state agency or political
subdivision within three days that the Contractor has actual knowledge that
the Subcontractor is employing or contracting with an illegal alien; and
b. Terminate the subcontract with the Subcontractor if within three days
of receiving the notice required pursuant to paragraph 4(A) the Subcontractor
does not stop employing or contracting with the illegal alien; except that the
Contractor shall not terminate the contract with the Subcontractor if during
such three days the Subcontractor provides information to establish that the
Subcontractor has not knowingly employed or contracted with an illegal
alien.
5. The Contract shall comply with any reasonable request by the Colorado
Department of Labor and Employment ( "the Department ") made in the course of an
investigation that the Department is undertaking pursuant to C.R.S. §8-17.5 -
102(5)(a).
6. If a Contractor violates a provision of the public contract for services
required pursuant to paragraphs 1 -5, the Town may terminate the contract for breach
of the contract. If the contract is so terminated, the Contractor shall be liable for
actual and consequential damages to the Town.
Questions concerning this proposal should be addressed to Jeffrey Schneider at 970 -748-
4134 or at the above address. Please note that answers to questions asked by a participant
will not be distributed to the other respondents.
Thank you for your time and efforts in response to this request.
Sincerely,
Jeffrey Schneider P.E.
Engineer II
Cc: Norman Wood, P.E.
Shane Pegram
File
L \Engineering \CIP \Street Improvements \2007 \2.2 Design (Engineering)A2.2.2 RFP & Proposals \2007 St Imp Design RFP.Doe 4
REQUEST FOR PROPOSAL
ENGINEERING DESIGN SERVICES
TOWN OF AVON
2007 STREET IMPROVEMENTS
ADDENDUM I
October 6, 2005
The Town of Avon is submitting this addendum to the Request for Proposals for
Engineering Design Services for the Town of Avon 2007 Street Improvement Program.
The Addendum is a clarification to the scope of work. The clarification to the scope of
work includes more detailed descriptions of surveying requirements. Surveying should
include locations of driveways, drainage ditches, manholes, valve covers, and guardrails in
need of adjustment. The survey will also ensure the proposed improvements can fit in the
available space.
Questions concerning this addendum should be addressed to Shane Pegram at 970 -748-
4114. Please note that answers to questions asked by a participant will not be distributed to
the other respondents.
Best regards,
Shane Pegram
Engineer II
Cc: Norman Wood, P.E.
Jeff Schneider, P.E.
File
I:AEngineering \CIP \Street Improvements \2007 \22 Design (Engineering)A2.2.2 RFP & Proposals \2007 St Imp Design Add RFP.Doe I
Inter-Mountain
Fwn*,neer1nvLv,
November 3, 2006
Town of Avon
Attn: Mr. Norman Wood. Town Engineer
11.0. Box 975
400 Benchmark Road
Avon, CO 81620
Via: Delivery
RE: Proposal for Engineering Design Services
Town of Avon 2007 Street Improvements
Dear Norman,
SCE
We appreciate the opportunity to submit the following proposal for engineering design services in
connection with the Town of Avon's 2007 Street Improvements project, IME is uniquely
qualified for this work due to our solid working relationship with Town staff, our familiarity kvith
the project area, and that we are a local firm with extensive design experience in projects of this
size and scope.
Over the years, IME has successfully completed many similar projects for the TwNn ofAvon,
including East Avon Street Improvements, Swill Gulch Road Improvements. Nottingham Road
Improvements, Hurd Lane Improvements. 2005 & 2006 Avon Street Improvements., as well as
numerous drainage projects and surveys,
Sandra E. Mendonca, P.E. will serve as the project manager and has been with IME since 1999.
She has over 22 years of experience with civil project planning, design and construction. Robert
Yost. E.I.T. will be the project engineer. Resumes are attached for your review.
Scope of Services
IME will provide the following services,-
West Beaver Creek Boulevard: IMF obtain centerlinc, edc of
road, driveway locations., ma es and valve locations for entire length of
proposed improvements. IME will then prepare a plan showing, the extent of
asphalt milling, 2' over'lav and striping froin Benchmark Road 10 CUrVC JU.St north of
Avon Elernenta-v School, approxi mat elv 3. 1, 215 1-1 IMF, will allso propose
rernedies f6rmitigation ofiransverse cracks, present on r0ad\vay. The base fixed
fee for this proposed scope of services is S 8,300.00.
2. Wildridge Road East: JMF' �urvcyor v,'1111 oblam centerline, approximately 50-
toot cross sections at 100 -boot "n'tervals, drivewav location Information, drainage
ditches, manhole and valve covers, and guardrad to,- the entire length of)-yroposed
6_.-51 S, R&,,ere Paekwpy, Suite #165 `v Centennial, Coporada 801 -11 * Pho,?e- 303 9,48 6220 9 Fax 303`948 6526
40801 U.S. Hijv. 61 Suite 203 a RD, Box 978 -b Av =on, Colorado 81620 * Phone: 970 9499 3Ml * Toll Free: 800 856 2258
916 Palmp_, St. a S-alida, Colorado 8120' e Phone: 719 539 1183 Fax: 719 539 1183
a
Mr. Norman Wood
Proposal - 2007 Street Improvements
Page 2
improvements. mprovements, IME will then prepare a plan showing the extent of 2" asphalt
overlay and milling, where necessary to match existing paving at intersections and
driveways for approximately 9,372 LF. IMEs plans will include necessary
widening of the asphalt surface for an 8-foot pedestrian lane adjacent to the driving
lanes. Pavement striping, del ineators"2'rumb I e strips, guardrail work, utility
adjustments and necessary gradin'.'shouldering for proper drainage to protect the
new edge of paving will be shown or noted on the plans. Traffic control will be
addressed in the contract documents. The base fixed fee for this proposed scope
of services is S 8,600.00.
Wildrifte Road West: IME surveyors will obtain centerline, approximately 50-
foot cross sections at 100-foot intervals, driveway location information, drainage
ditches. manhole and valve covers, and guardrail for the entire length of proposed
improvements. IME will then prepare a plan showing the extent of 2" asphalt
overlay and milling, where necessary to match existing paving at intersections and
driveways for approximately 4,270 LF. IME's plans will include necessary
widening of the asphalt surface for an 8-foot pedestrian lane adjacent to the driving
lanes. Pavement striping., del incators,"runible strips., guardrail work, utility
adjustments and necessary grading/shouldering for proper drainage to protect the
new edge of paving will be shown or noted on the plans. Traffic control will be
addressed in the contract documents. The base fixed fee for this proposed scope
of services is S 7,100.00,
4. Saddlerifte Loop;1 IME surveyors will obtain centerline, approximately 50 -foot
cross sections at 100-foot intervals, driveway location information. drainage
ditches, manhole and valve covers., and guardrail for the entire length of proposed
improvements. IME will then prepare a plan showing the extent of 2" asphalt
overlay and milling, where necessary to match existing paving at intersections and
driveways for approximately 3,892 LF. 11\4E's plans will include necessary
widening of the asphalt surface for an 8-foot pedestrian lane adjacent to the driving
lanes. Pavement striping, delineators/rumble strips, guardrail work, utility
adjustments and necessary grading."shouldering for proper drainage to protect the
new edge of paving will be shown or noted oil the plans. Traffic control will be
addressed in the contract documents. The base fixed fee for this proposed scope
of services is S 6,900.00.
The above listed price,; will also include the following:
5. [ME will prepare detail sheets showing any necessary details and typical cross
sections tor all road projects.
6� IME will submit one preliminary design for each road section to theTo'Vkn for
review,
IME�8,111 prepare one set of-edline revisions based on Town of Avon review
comments and submit these drawings as Final Construction Drawings. One final
opinion of probable cost, the quantities from which will be used to prepare the
Itemized Bid Schedule, will be included.
84 IME kvill prepare one set of Specificatlon.S. will Include'l-own of I Akon
Contract Documents, Soeclal Cond"'t'lons, ,vhlch will define the tra0fic control ands
Mr, Norman Wood
Proposal — 2007 Street Improvements
Page 3
other pertinent details of the work, and Construction Specifications, where CDOT
Standard Specifications for Road and Bridge Construction will govern where -
applicable.
9, IME will attend one pre-bid meeting, the bid opening and the pre-construction
meeting.
10, ]ME will be available to respond to contractor's questions during the bidding
process as well as during construction., to prepare addendums and for submittal
review.
Schedule
IME will begin work immediately upon notice of award of the design contract. Final construction
plans and documents will be completed by January 26, 2007,
Anticinated Proiect Schedule
Begin Surveying,,"Design November 15, 2006
Submit Preliminary Design December 5, 2006
Submit Final Design & Contract Does. January 26, 2007
Attend Bid Opening March 23, 2007
Fees
The total base fixed fee for the proposed scope of services is S 30,900.00. If additional
surveying or cross sections are required additional costs may be incurred. A copy of our Fee
Schedule is enclosed. This fee includes reimbursable fees, which will be billed per the Fee
Schedule.
IME's general conditions, which are incorporated into and made part of all of our agreements for services.
are enclosed. Please review them carefully. Note that you will be billed monthly for services to date.
Invoices are due upon receipt. If invoices remain unpaid after 30 days, you will be charged a service
charge of 1.75% per month. If' it should become necessary to enforce collection, Inter-Mountain
Engineering will be entitled to recover its collection costs, including attorney's fees.
Also note that the only warranty or guarantee made by Inter - Mountain Engineering, Ltd. in
connection with the services performed hereunder is that we will use that degree of care and skill
ordinarily exercised under similar conditions by reputable members of the engineering profession
practicing in this area. No other warranty, express or implied. is made or intended by this
proposal for consulting services or by furnishing oral or written reports.
We look forward to working with the 'l-own toward a successful project.
Sincerely,
Inter-Mountain ' Engineering. Ltd,
Robert R. Yost 41
Project Engineer
H
"rA Inter Mountain
EngineeringMd.
SANDRA E. MENDONCA, P.E.
Engineering Manager
Ms. Mendonca joined the firm in 1999 and has over 23 years experience in public and
private sector engineering.
Project Tvpes:
• Civil Site and Roadway Design
• Subdivision Planning and Design.
• Water Supply, Transmission, Storage and Distribution Systems
• Drainage Studies and Design
• Erosion Control and Stormwater Quality Management
• Wastewater Collection and Disposal Systems, Lift Stations and Force Mains
• Water, Sewer and Drainage System Master Plans
• Grant Writing and Grant Project Administration
Since her employment with IME, Ms. Mendonca has served as Project Manager
for River Park, a 150 unit multifamily residential development in New Castle;
Sunray Meadows Condominiums, a 136 unit multifamily residential development
in Steamboat Springs; Buffalo Ridge, a 244 unit multifamily residential
development in Avon; Swift Gulch Bike Path in Avon; Buck Creek and Metcalf
Gulch Drainage Improvements in Avon; Nottingham Road Streetscape and Street
Improvements in Avon; Nottingham Road Bike Path in Avon, West Beaver Creek
Boulevard Construction Services in Avon; The Gates, a 49 unit condominium
development in Avon; Richard's Lake, a 300 lot planned unit development in Ft.
Collins and a variety of other commercial and residential site development
projects in Eagle County, Lake County, Summit County, Avon, Steamboat
Springs, B achelor G ulch, V ail, E dwards, E agle, G v
. psum, S ilverthome, Boulder
and the Denver metropolitan area.
Previously, Ms. Mendonca was City Engineer for The Dalles, a community of
approximately 14,000 on the south bank of the Columbia River, in Oregon, She
provided technical leadership and direction for timely, safe and cost effective
development and infrastructure extension, repair and reconstruction. She has
extensive experience with planning and public works requirements for water.,
sanitary sewer, storm sewer, street, bicycle and pedestrian system design,
construction and inaintenance. As City Engineer and in. her earlier positions with
the USDA Forest Service, Bohannan- Huston, Inc. and Leedshill-Herkenhoff, Inc.,
Ms. Mendonca designed numerous site, road, and trail grading, drainage, and
utility plans for commercial, recreational and residential projects. Ms. Mendonca
has taken plans from conceptual design, through final construction and beyond, to
operation and maintenance activities.
61551 S. Revere Park-,.vay,, Suftcp- #1 65 * Centclnnial, Colorado 8,0111 e Phone: 3303 948 6-2220 0 Pax: 303/948 65265
ne� 970 949 - 72 * Toll Free: 8CO 856 225-8
40801 U.S. Hwy 6, SOte 203 - P0, Box 978 9 Avon, Colorado 81620 * Pho, 00
915 Pairnl,-r St. * Salida, Cobrado 812011 * Phone: 71 9 539 i'S"I Fax: 719 ��39 1133
f f - -
Ms. Mendonca has also developed design and construction standards. Documents
include the Columbia River Gorge National Scenic Area Design Guide; City of
The Dalles Design and Construction Contract Boilerplate, Standard Construction
Specifications and Standard Detail Drawings. She also provided technical input
for re-writes of City Ordinances.
Ms. Mendonca has prepared a broad range of project specific technical
C
construction specifications, contract documents, and engineer's estimates for
subdivisions, taxiways, roads and streets (new construction, reconstruction and
overlays); sidewalks and trails; parking lots; bridges; utilities (lift stations, force
mains, chemical root control, tren.chless pipeline restoration, storrnwater pre-
treatment, drainage systems, pump stations, disinfection systems, gravity and
pressure pipelines, surge protection, and reservoirs); SCADA systems; erosion
control and streambed restoration; retaining walls; and roof replacement.
Ms. Mendonca has written successful grant applications and/or served as project
manager for a variety of grant funded projects. Funding sources have included
Federal Emergency Management Agency, Natural Resources Conservation
Service Emergency Watershed Protection Act, Forest Service Challenge Cost
Share, Oregon Regional Strategies, Inter-modal Surface Transportation Efficiency
Act, NWCPUD's economic development program, and a New Mexico
Community Development Block Grant.
Ms. Mendonca has supervised conduct of construction services by her staff,
authorized change orders and time extensions allowed by Contract, performed
final inspections and recommended acceptance of transportation and utility
improvements. She has also personally performed construction administration
services for a range of projects including roof replacement, elevator installation,
bridges, roadways, drainage improvements, utilities, SCADA systems,
paths/trails, and striping. For these projects, she documented d wily construction
activities and test results and approved pay estimates.
Responsibilities:
Ms. Mendonca is 11ME Avon's engineering department manager. Her
responsibilities include preparing proposals, managing engineering department
staff, schedules and budgets, and preparing monthly invoices. She also serves as
project manager or senior engineer on technically complex and specialty projects.
Personal:
• Registered Professional Engineer in Colorado (34353) and Oregon (185 74).
• Bachelor of Science, Agricultural Engineering, 1983, Oklahoma State
University
• Member NSPE, ASCE, NOWRA
• CDOT Certified Erosion Control Inspector,
M
Inter-Mountain
Enel[neerin
DUANE FEHRINGER, P.E. & P.L.S.
Senior Engineer & Land Surveyor
U.S. Mineral. Surveyor
Mr. Fehringer has been with the fin-n since 1989 and has over 30 years experience in the
fields of surveying and engineering. He has performed both design and project
engineering and surveying tasks on various projects.
Project Tv
pes:
• Residential. and commercial development, including design, construction
management, and surveying.
• Construction materials testing
• Roadway and bridge construction surveying
• Boundary surveys
• Aerial photogrammetry control surveys
• Storm drainage studies
• Superfund site surveys
• Pipeline surveys
• Railroad right-of-way surveys
• Water Right Surveys
Representative Everience:
Project Manager for engineering and surveying services with Western Engineers-
Architects, Inc. in Casper, Wyoming from 1966-1985 who supervised the
following projects:
Project Types:
• Construction management, surveying, and field engineering of the Town Site
Construction of Jeffrey City and Shirley Basin, Wyoming.
• Approximately 1500 miles of pipeline surveying for construction and right-of-
way acquisition of oil and gas collection systems in the Powder River Basin in
Northeast Wyoming. Clients included Phillips Petroleum, Belle Fourche
Pipeline, and Powder River Pipeline.
• Responsible for the surveying and legal descriptions for right-of-way
acquisition for 300 miles of railroad in northeast Wyoming.
• Responsible for all water right surveys and applications.
Project manager with Kaiser Engineers, Inc., a consultant for the Florida
Department of Transportation who managed, administered, and perforr.ned design
reviews on roadway improvement projects and right-of-way acquisition maps.
5551 S. Revere Park-vvay, Suite 4165 - Centennial, Colorado 8011 1 � Phone: 303 948 6220 a Fax; 3103/948 6526
40801 U& Hvvy 6, Suite 203 a RO. Biox 978 * Avon, Colorado 81620 * Pnoj-,e: 970 949 5072 - Toll Free.: 830 856 2258
916 Pairner St. * Sa4da, C"atorado 81201 � Phone: 719 539 1 183 Fax 719 539 1183
I
Project engineer for commercial and industrial subdivision. Supervised the
design and preparations of plans, construction documents, and surveying;
including roadways, deep and shallow utilities, curb and gutter, grading and
drainage of the following developments:
• Block 11, Homestead Filing NO. I consisting of 16 acres and 45 lots.
• Homestead Filing No. 2 consisting of 138 acres and 101 lots.
• Bearcat at Cordillera, Phase I and 11 consisting of 195 acres and 40
lots.
• Innsbruck Meadows at Vail consisting of 2.5 acres and 14 lots.
Project surveyor for design surveys, construction surveys, pipeline surveys, and
quality control surveys on superfund sites including:
• Eagle Mine — Mintum, CO
• ASARCO —Leadville, CO
• Resurrection Mining CO — Leadville, CO
• Henderson Mine — Winter Park, CO
• H.S. Gathering, Inc.
• North American Resource, Co.
Responsibilities:
Mr, Fehringer is responsible for all surveying services at Inter-Mountain
Engineering,
Personal.-
0 Registered Land Surveyor in Wyoming, Nevada, Idaho, Utah, Nebraska,
South Dakota, Oregon, Florida, and Colorado.
• Registered Professional Engineer in Wyoming, Florida, Utah, Colorado,
Nevada, Nebraska, Arizona, and New Mexico.
• United States Mineral Surveyor
• B.S.C.E. from University of Wyoming
• 40 Hour HAZ/MAT Certification
• GPS Certified
• 24 Hour MSHA Certification
0
Inter-Mountain
�UL
ROBERT RYAN YOST, E.I.T.
Project Engineer
Mr. Yost has been with Inter-Mountain Engineering since 2001 and has more than six years
experience working as a civil engineer. Mr. Yost has been part of IME's project management and
design teams for various projects throughout Colorado.
Project Types:
• Civil Site and Roadway Design
• Site Grading and Drainage Design and Drafting
• Pipeline Design and Drafting
• Field Inspection and Materials Testing
Representative Experience:
Project Engineer for the 2005 and 2006 Avon Street Improvements., Avon, Colorado.
Project Engineer for River Park Condominiums, New Castle, Colorado. Assisted in
design and drafting of construction plans, as well as project management and
coordination.
Project Engineer for Sunray Meadows Condominiums, Steamboat Springs, Colorado,
Assisted with design of construction plans, as well as project management/coordination.
Design Engineer for Nottingham Road Improvements, Avon, Colorado. Assisted with
design and drafting of construction plans.
Design Engineer and Field Engineer for East Avon Streetscape Project, Avon, Colorado.
Assisted with design and drafting of construction plans and answered contractor's
questions during construction.
Design Engineer for Buck Creek Drainage Improvements, Avon, Colorado. Assisted with
design and drafting of proposed pipe and channel improvement plans, profiles and details
under the supervision of a licensed engineer. Assisted with quantity take-off and
engineer's estimate.
Field Engineer for Buffalo Ridge Condominiums, Avon, Colorado. Responsible for
scheduling and conducting quality assurance testing services under the supervision of a
licensed engineer,
Field Engineer for Metcalf Ditch Drainage Improvements, Avon, Colorado, Provided
field engineering services and quality assurance testing services under the supervision of
a licensed engineer.
6,55 i S, R&,,,e,,e Parkwa�4, Suite #165 * Clenterinial, Colorado 80111 9 Phone: 303 9-18 62210 - Fax: 303/948 651526
40801 tl'L& H<v,,, 6, Suite 203 o P.O. Box 978 * Aian, COloraido 81620 - Phone: 970 949 5072® Tofk Free.. 8 # 65 6 2258
9116 Palmer St. 4 Salida, Colorado 81201 * Phone: 719 539 11831 Fax: 719 539 11183
0
Personal:
■ Bachelor of Science, Civil Engineering, 1996, University of Minnesota, Institute of
Technology — Minneapolis, Minnesota
" Fundamentals of Engineering Certification (E.I.T), November 1996
• University of Minnesota- Duluth, Minnesota, September 1991- May 1992.
Curriculum focused on mathematics, computer science and economics.
• ACI Concrete Testing Certification
■ Troxler Nuclear Gauge Safety Training
I
0
"rA lnter�Mountain
Engineerinszu&
RON MAHON, P.L.S.
Chief Surveyor
Mr. Mahon has over 25 years of experience in the field of surveying. He has provided
project management, quality control, and surveying tasks on various projects.
Protect Types:
•
Roadway construction surveys
•
Gas and oil exploration surveys
•
Mining claim and mine operation surveys
•
Aerial photogrammetry control survey
•
Boundary surveys
•
ALTA surveys
•
Residential and commercial surveys
•
Industrial machinery placement surveys
Representative Experience:
Project manager providing quality control and quality assurance to I.C.F. Kaiser
Inc., on the Robinson project, mine expansion, Ely, Nevada.
Mr. Mahon was the chief mine surveyor for mines in Wyoming, Nevada,
California. Responsible for the layout of dams, pipelines, roads, buildings, aerial
control and monthly volumetrics. He was in charge of scheduling personnel
training, and acquiring and evaluation of survey equipment.
As assistant to the County surveyor he was in charge of the inspection of maps to
be recorded, research, legal descriptions, setting property corners, section
breakdowns, FEMA Certifications, and ALTA surveys,
Project surveyor on commercial sites in Nevada consisted of curb & gutter,
underground utilities, rough grade, and building layout.
Personal:
Licensed Land Surveyor in Colorado and Nevada.
GPS Certified
• 24 Hour MSHA Certification
65�5 If S, Revere Pa! k-way,, &J,te # 165 v Centenniai, Colorado 8011 i * Phone: 303 948 0-220 s Fax� 30a/948 6.526
40801 U& HApv. 6, Su�ke 2Q3 * P0. ----'ox 978 * Avon, C'dorado ✓ 1620 o Phone: 7 0 949 5072 * Tol' Pree: 800 856 225,8
916 Pa?mer St. *Salida Cdorado 3 1201 * Phone. 719 539 1183' Fax: 719 539 1183
0
AInter-Mountain
XEngmieeringud.
KAREN KIDD, E.I.T.
Design Engineer
Ms, Kidd has been with Inter-Mountain Engineering for approximately I year, and has
more than three years experience working as a civil engineer. Ms. Kidd has been part of
IME's project management and design teams for various projects throughout Colorado.
Proiect. T
ives:
■ Civil Site and Roadway Design
■ Site Grading and Drainage Design and Drafting
• Erosion Control and Stormwater Quality Management
■ Drainage Studies and Design
Representative EXperience:
Design Engineer for the driveway design and drainage improvements for a 3-lot
subdivision near Dotsero, Colorado. Assisted with design and drafting of
construction plans including the driveway plan and profile, and completed the
drainage design and Stom-iwater Management plan for the project. Assisted with
project management.
Design Engineer for drainage and grading design of a Panda Express commercial
site in Fort Collins. Assisted with grading and drainage design and drafting of
construction plans and erosion control analysis, as well as the management for the
project.
Design Engineer for a residence in Prospect at Mount Crested Butte, Mount
Crested Butte, Colorado. Assisted with design and drafting of proposed drainage
and grading improvements and details, the completion of a Stormwater
Management Plan and Report under the supervision of a licensed engineer.
Assisted with project management.
Prior to working for IME, Ms. Kidd gained experience in project management and
field supervision and coordination, including cost management, writing technical
specifications, scheduling, and the role of the construction lead including dally
coordination of materials and personnel. Other duties included: concrete batch
design and inspection of field placement, soil sampling and identification,
technical writing. quality assurance, and &encral engineering design.
6551 S. Revere Pariwjay_ Suite #165 * Cen,enrdal, Gobrada 8011 I * Phone: 303 948 6220 * Fax: 303/948 6526
408'0,11 U.S, Hvey. 6, -Suitie 201" a P.O. Box 9-78 * &,,'on, Colorao_o 81620 a Phone: 9770 949 5072 9 T-Dif Free: 800 856 2258
91 6 Pafr ner St, a Saida, Cotorado 81201 * Phone: 719 539 1183 Fax: 719 539 1183
N
Personal:
■ Bachelor of Engineering, Civil Engineering, 2001, Villanova University,
Villanova, Pennsylvania
• Masters of Civil Engineering, Geotechnical Engineering, 2005, University of
Colorado, Boulder, Colorado
■ Fundamentals of Engineering Certification (E.I.T), Pennsylvania, 2001
Z:�
9
KrA Inter-mountan
.I EngineeringwL
January 1, 2005
PROFESSIONAL FEES:
Principal Engineer
Project Manager
Senior Engineer
Project Engineer
Design Engineer
Field Engineer
Surveyor
Survey Crew without GPS
2 Man Survey Crew with GPS
I Man Survey Crew with GPS
Senior Technician
Technician
Technical Typist
Computer Processing
Photocopies
Blueprinting
Outside Services
Mileage @-�, $0,40 per mile
I
$13 5. 00,11ir
$1 15,OOI'hr
$1 00,00/hr
$90.00/hr
$80.00/hr
S75.00/br
$1 00,00/hr
S 13 5. 00/hr
$155,00/hr
S130.00/hr
$80,00/hr
$70,00/1-ir
$40.00/hr
$65,00/hr
$0.15 /each
$3.50/sheet
Actual Cost -x-15 °,'`0
Schedule overtime (after 6:00 p.m. and weekends) 1.5 x base rate. overtime must be
scheduled 24 hours in advance on weekdays and on Thursday for weekends.
6551 S. Revere Parkway, Suite 4165 - Centennial, C04craudo 80111 1 - Phone: 303 948 6220 - Fax: 303/948 65-26
408011 U.S. Hvjy 6, Suite 203 & P,0. BOX 978 e Avun. Coforado 81620 a Phone: 970 949 5072 ® To" Free: 800 856-2-258
916 Palmer St, * Salida, Colorado 81201 * Phone: 719 539 1 -183 Fax: 719 539 1183
z
[ji 1:j I- I
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norm Wood, Town Engineer
Shane Pegram, Engineer II
Date: November 8, 2006
Re: Roundabout 4, Conversion from 3/4 to Full Roundabout
Summary:
The Town of Avon has determined that Roundabout 4, a 3/4 roundabout located at the
intersection of Avon Rd. and Benchmark Rd, would better serve the community and provide
more efficient traffic flow between East and West Avon as a full roundabout.
Discussion:
The Town of Avon has requested a proposal from Inter - Mountain Engineering, Ltd. for Civil
Engineering Design Services for the conversion of Roundabout 4 from a 3/4 roundabout to a
full roundabout. The Civil Engineering Design Services will generally consist of preparing
engineered plans, engineer's opinion of probable costs, specifications, and bid and contract
documents all in coordination with Ourston Roundabout Engineering of Santa Barbara, CA.
Inter - Mountain Engineering was the only firm to be contacted for a design services proposal
with the assumption that their prior involvement with providing topographic surveying
services for Ourston's preliminary Roundabout 4 design would result in a substantial cost
savings.
_Financial Implications:
Inter - Mountain Engineering's total base service fee including a 10% contingency is
$44,547.25, and is to not be exceeded without prior approval. The 2006 Town of Avon
Budget includes $40,000 in 2006 for design and the proposed 2007 budget includes $410,000
for construction. While the total design proposal from Inter - Mountain Engineering is slightly
higher than budgeted for 2006, $4,049.75 of the proposal is a 10% contingency and the
portion of the total fee that will be incurred during 2006 will be within budget.
C:ADocuments And Settings\Nwood \Local Settings \Temporary Internet FilesyOLK23\lnte- Mountai1 Proposal Council Merno.Doc I
I
Recommendations:
Approve the Proposal submitted by Inter - Mountain Engineering for Roundabout 4
Conversion with a Base Service Fee not to exceed $44,547.25.
Attachments:
Exhibit A Inter - Mountain Engineering's Proposal
C:ADocuments And Settings \Nwood \Local Settings \Temporary Internet Files \OLK23 \lute- Mountain Proposal Council MemO.Doc 2 Ar
9
Inter-MounWn
November 3, 2006
Mr, Shane Pegram
Town of Avon
P.O. Box 975
500 Swift Gulch Road
Avon, CO 81620
Hand Deliver— 500 Swift Gulch Road
Re: Proposal for Civil Engineering Design Services
Revisions to Roundabout 4
Dear Shane,
Inter-Mountain Engineering, Ltd. (IME) is pleased to present this proposal for
extra design services for the above referenced improvements.
Statement of Work
The purpose of the planned construction is to convert existing roundabout 4,
located at the intersection of Avon Road and Benchmark Road, from a 3 /'4
roundabout to a full roundabout in coordination with Ourston Roundabout
Engineering (ORE).
Phase I — Information Gathering (Begin 11- 14 -06)
The horizontal alignment provided by ORE will serve as a baseline for obtaining
additional data necessary to completely describe planned construction activities.
IME will generate proposed contours and prepare up to ten cross sections along
the horizontal alignment using proposed spot grades and cross slopes indicated
on ORE's grading plan and plan and profile drawings. Contours and cross
sections will extend beyond the right-of-way, as necessary. IME will also gather
available data, plans, right-of-way documents, and utility company as-built
drawings for the area surrounding the roundabouts to supplement ORE's and our
6661 S. Revere P a rkwa)A, Suite #i 65 � Cent penni a I, Colomdo KI I Phone: 303 94�8 6,220 - Fax: 3 �/9,48 ;,526
40801 U.S, 6, Suite 203 9 P0, E3o,,, �,-j78 o Avon, Colorado 81620 Phone: 970 949 5072 � TrAl 800 8`56 23,25-8
91 6 Palmer o Sai da, Coiorado 81-901 * Phone: 719 539 1 183 Fax 719 51 1 83
earlier work (and the topographic map and control provided for the project by the
Town).
Existing drainage improvements, shallow utilities, trees 3" and larger, and other
pertinent surface features within the planned disturbance limits will be field
located during the additional survey, as needed.
During this stage of the work, any additional right-of-way or temporary
construction easement requirements will be identified.
The base topographic map prepared earlier will be supplemented using the
above information and provided to ORE for their use as background to their final
demolition, grading and plan and profile drawings. Duke Fehringer will oversee
the additional field survey.
No team meetings are scheduled during this phase of the work
Phase 11— Final Design (complete by 12-29-06, present to Council 1-9-07)
The information provided by ORE will serve as the final design basis for IME to
further develop the final design as stated herein and prepare construction
documents for modifications to roundabout 4. ORE's demolition plan, grading
plan, and plan and profile drawings will be integrated into IME's final design and
construction documents. IME expects to supplement ORE's plans with a cover
sheet with general notes; horizontal control plan; striping, marking and sign plan;
cross sections; and pertinent Town of Avon standard construction detail
drawings. IME also anticipates providing Town of Avon standard notes relating to
adjustment of existing shallow utilities and irrigation systems and transplanting
trees to ORE for inclusion on their demolition plan and electronic AutoCAD
drawing files with proposed, finished ground contours, required easements,
drainage improvements and erosion and sediment controls to ORE to include on
their grading plan and/or plan and profile drawings, as appropriate.
IME will prepare legal descriptions for temporary construction easements and/or
additional right-of-way, if required: however, the number, and thus the cost, is not
fixed at this time. Fees for this additional service will be negotiated with the Town
during the final design stage of the work when the extent and number of legal
descriptions needed is clear.
[ME will coordinate with ORE as necessary throughout the final design
development to ensure continuous communication and input. IME will compile
10:S A
H
our final plan sheets and those of ORE, integrating them for a complete
construction drawing set. IME will also prepare necessary construction
documents, utilizing CDOT Standard Specifications for Road and Bridge
Construction and Town of Avon Contract Boilerplate as their basis, and a final
engineer's opinion of construction costs.
]ME has scheduled one meeting with Town staff to discuss development of the
final design and one presentation of the completed final plans and associated
cost opinion (95%) to Town Council during this phase of the work.
Phase III — Construction Documents (complete by 1-26-07)
[ME has scheduled one meeting with Town staff to discuss Town Council
comments and redline the construction documents prior to finalizing the
construction plans, specifications, estimate and contract boilerplate.
The Construction Documents will include the following
• One complete set of reproducible plans (see list under final design)
• One complete Project Manual with Technical Specifications, Bid
Tabulation Sheets, and Front End Contract Documents (including special
conditions).
• One Final Engineer's Opinion of Construction Costs
Contingency
We have included a 10% contingency in our fee estimate to cover potential
overruns in the cost of coordinating work with ORE and unforeseen expenses
such as minor changes to the plans resulting from Town staff, Council or ORE
input and/or minor changes to the scope of work required of IME.
Charges will not be billed against contingencies unless work under this line item
is required during the course of the contract.
_T-h-a-nk you for your consideration,
fan ra E. Mendonca, P.E.
Project Manager
Enclosures
1 1 iC )3, o 06. 10: � 8 A M
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:
TOWN OF "ON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, NOVEMBER 14, 2006
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM TAMRA NOTTINGHAM UNDERWOOD
COUNCILORS DEBBIE BUCKLEY
KRIS'n FERRARO
MAC McDEVITT
Amy PHILLIPS
BRIAN SIPES
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN TOWN CLERK: PATTY McKENNY
TOWN MANAGER: LARRY BROOKS ASSISTANT TOWN MANAGER: JACQUIEHALBURNT
I
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 4:30 PM
4:30 PM — 4:45 PM 1. EXECUTIVE SESSION pursuant to CRS 24-6-402(4)(f) for discussion of
personnel matters
4:45PM-5:00 PM 2. APPROVAL OF WORK SESSION AGENDA& COUNCIL ASSIGNMENT UPDATES
a. Proposed Provisions of Town Dog Ordinances (Ron Wolfe, Mayor)
Proposed Suggestions raised by residents during campaigning related to
management of dogs
5:00 PM — 5:15 Pm 3. STAFF UPDATES
a. Sober Living - Eagle County Program (Brian Kozak, Police Chief) Proposed
program that addresses transportation for individuals requiring intervention to
social services facilities
b. Project Summary & Status Report (Department Directors) Memo only
Updates of ongoing departments projects
5:15 PM 4. ADJOURNMENT
Avon Council Meeting.06-11.14
Page 1 of 4
TO: Town Council
FROM: Ron Wolfe
During my time campaigning, management of dogs was brought up by many
people with the suggestion that our Municipal Code should be revised. Below
are the types of things that were suggested. Do you support directing staff
to explore the pro's and con's of these and other potential changes?
SUGGESTED PROVISIONS OF TOWN DOG ORDINANCES:
1) All dogs must be on a leash on any town owned park or other property
not privately owned
2) Dogs are nor permitted in any children's play area as designated and
posted by the Town Manager
3) Dogs are not allowed to run at large (with revisions to the definition of
Arun at large')
4) On private property dogs must be contained, restrained or controlled
to that property by one or more of the following means:
a. Restrained by a leash
b. Be on a leash and cable run
c. Be within a physical fence
d. Be contained and controlled by an electronic device or barrier
e. Be under effective voice control or owners physically present and
within 25 feet of their dog
5) Dogs will be assumed to be effectively contained, restrained or
controlled by the above means unless and until there is evidence that
they are not.
6) Housing complexes having exterior property owned jointly or by an
association will establish rules for further containment within the
property including whether or not the entire property will be treated as
a whole or as one or more sub-areas for the purpose of #3
7) On and along public streets and roads dogs must be restrained and
controlled by a leash except in any PUD Subdivision (such as
Wildridge) that adopts the permissiveness of 4 e. above through the
homeowner process required by and described in the approved PUD
documents. (how would the police know about this? Would it need to
be filed with the town or county as part of their decs?)
1Ll�LJ1�J
To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager
From:
Brian Kozak, Chief of Police
Date:
November 6, 2006
Re:
Sober Living — Eagle County
Summary: This memo is to advise you of the Sober Living — Eagle County program, which is
being designed to address the serious substance abuse issues in the county.
Previous Council Action: N/A
Background: Colorado ranks 5d' in the nation in alcohol consumption and Eagle County's
alcohol related arrests rates are 1.3 times higher than the Colorado average. Currently, when a police
officer comes in contact with someone who is intoxicated and a danger to themselves the only option
is to take the person to the Eagle County Jail for detoxification. The jail is not properly staffed and
equipped to deal with these people, who need medical intervention and follow -up counseling.
Discussion: The Avon Police Department has joined a committee in a collaborative effort to
solve this problem. The committee made a recommendation to the Eagle County Commissioners to
form the Sober Living — Eagle County program. The program will provide transportation to
individuals requiring intervention to Colorado West Regional Mental Health Recovery Center in
Glenwood Springs, Colorado. There, medical professionals can monitor the detoxification process.
Volunteers from Sober Living — Eagle County will follow -up with patients in an effort to prevent
repeat law enforcement contact.
Financial Implications: Initially, the Sober Living — Eagle County Committee will
request that the County fund the program, which has been estimated at $228,000, annually. However,
the program may request municipalities to assist with the transportation costs to eliminate the need of
police officer transports. The County Commissioners supported the program during the initial
presentation last week.
The Avon Police Department recommends that the Eagle County Commissioners be complemented
for their support of this program. The Sober Living — Eagle County Committee will finalize the
program and make an official presentation to the County Commissioners in the first quarter of 2007.
Town Manager Comments:
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