TC Council Packet 02-26-2008TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 26, 2008
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
Avon Council Meeting.08.02.26
Page 2 of 3
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS
PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. COMMUNITY INPUT
a. Citizen and Public Input
b. Avon Police Department - Introduction of New Police Officers & Awards of Commendation (Brian
Kozak, Police Chief)
5. RECREATION CENTER SPECIAL EVENTS UPDATE – AVON’S BIG AIR SHOOTOUT, WHITEWATER PARK,
(Danita Chirichillo, Special Events & Fitness Supervisor, and Joe Blair, Untraditional Marketing)
6. ORDINANCES
a. Public Hearing on Ordinance No. 08-02, Series of 2008, Second Reading, An Ordinance
Amending Provisions of the Avon Municipal Code Relating to Special Districts (Randy Funk,
Sherman & Howard) The proposed Ordinance would amend Chapter 18.01 to state that any special
district that includes residential property may not impose a mill levy greater than 50 mills and that any
special district that does not include residential property may not impose a mill levy greater than 50 mills
without demonstrating to the satisfaction of the Council that a greater mill levy is required
b. Public Hearing on Ordinance No. 08-03, Series of 2008, Second Reading, Ordinance Calling a
Special Municipal Election to be Held on Tuesday May 6, 2008, to Submit a Ballot Question
Concerning the Approval of an Amendment to the Home Rule Charter of the Town of Avon;
Approving the Form of the Ballot Title; and providing for Other Matters Related Thereto (Randy
Funk, Sherman & Howard)
7. RESOLUTIONS
8. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
9. NEW BUSINESS
10. UNFINISHED / OLD BUSINESS
11. OTHER BUSINESS
12. TOWN MANAGER REPORT
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 26, 2008
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
Avon Council Meeting.08.02.26
Page 3 of 3
13. TOWN ATTORNEY REPORT
14. MAYOR REPORT
15. FUTURE AGENDA ITEMS:
March 11, 2008: Historic Preservation Ordinance, URA: Lake Street Construction Award, East Avon
District Plan Review, Recreation Center Remodel Design & Cost Estimates
March 25, 2008: Town of Avon, Village at Avon and Eagle County School District Land Negotiations,
Public Works Complex Design Award
15. CONSENT AGENDA
a. Minutes from February 12, 2008
b. Account Services Agreement with Untraditional Marketing, Inc. for Avon’s Big Air Shootout
Whitewater Park Event (Meryl Jacobs, Recreation Director)
c. Community Survey Contract Agreement with Venturoni Research Services (Becky Lawlor,
Community Relations Officer)
d. The Westin Riverfront Resort and Spa Title Sponsorship Agreement (Meryl Jacobs, Recreation
Director) Agreement between The Westin Riverfront Resort and Spa and The Town of Avon to be the title
sponsor for the 2008 Salute to USA
e. Beaver Creek Resort Company Agreement (Meryl Jacobs, Recreation Director) Agreement with
Town of Avon to be a corporate sponsor for the 2008 Salute to the USA
f. Western Enterprises Sponsorship Agreement (Meryl Jacobs, Recreation Director) Town of Avon
agreement with Western Enterprises to be an associate sponsor for the 2008 Salute to the USA
16. ADJOURNMENT
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Brian Kozak, Chief of Police
Date: February 13, 2008
Re: Introduction of new police employees and awards presentation
Summary: Chief Brian Kozak will introduce the new police employees to the Town Council
and the community. Awards will also be presented to several citizens and police officers.
New Employees: The following employees have recently been hired by the Avon Police
Department or have recently been promoted:
Sergeant Jonathan Lovins — Sgt. Lovins has been with the Avon Police Department since
2002 and was recently promoted to the rank of sergeant after passing an extensive
promotional testing process. He is a member of the SWAT team and the Department's
Counter Terrorism and Robbery Prevention instructor. He graduated from the Illinois State
University with a BS in Park Administration.
Sergeant Robert Sheehan — Sgt. Sheehan was a member of the Mesa, AZ Police
Department since 2001, where he was a field training officer and a Counter Terrorism
Officer. He graduated from the Western Illinois University with a BS in Law Enforcement.
He was recently hired as a sergeant with the Avon Police Department after passing an
extensive promotional testing process.
Officer Steven Huberty — Officer Huberty recently retired from the Buffalo, MN Police
Department after 21 years of service. He served their department as a patrol officer,
detective and sergeant. He graduated from the Concordia University in St. Paul, MN with a
BA in Criminal Justice. He is a certified instructor in use of force, firearms and defensive
tactics.
Officer Elizabeth Hudson — Officer Hudson recently retired after 29 years of service with the
Aurora Police Department. She served as a patrol officer, CSI and detective investigating
robbery, homicide, fraud and sex offenses. She is a past vice-president of the Colorado
Woman in Criminal Justice Association and a member of the International Association of
Police Women. She holds a BA in Education from the Metropolitan State College of
Denver.
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 26, 2008
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
Avon Council Meeting.08.02.26
Page 2 of 3
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD
TOWN STAFF
TOWN ATTORNEY: JOHN DUNN TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL REGULAR MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING CITIZEN AND COMMUNITY INPUT AND PUBLIC HEARINGS
PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST
4. COMMUNITY INPUT
a. Citizen and Public Input
b. Avon Police Department - Introduction of New Police Officers & Awards of Commendation (Brian
Kozak, Police Chief)
5. RECREATION CENTER SPECIAL EVENTS UPDATE – AVON’S BIG AIR SHOOTOUT, WHITEWATER PARK,
(Danita Chirichillo, Special Events & Fitness Supervisor, and Joe Blair, Untraditional Marketing)
6. ORDINANCES
a. Public Hearing on Ordinance No. 08-02, Series of 2008, Second Reading, An Ordinance
Amending Provisions of the Avon Municipal Code Relating to Special Districts (Randy Funk,
Sherman & Howard) The proposed Ordinance would amend Chapter 18.01 to state that any special
district that includes residential property may not impose a mill levy greater than 50 mills and that any
special district that does not include residential property may not impose a mill levy greater than 50 mills
without demonstrating to the satisfaction of the Council that a greater mill levy is required
b. Public Hearing on Ordinance No. 08-03, Series of 2008, Second Reading, Ordinance Calling a
Special Municipal Election to be Held on Tuesday May 6, 2008, to Submit a Ballot Question
Concerning the Approval of an Amendment to the Home Rule Charter of the Town of Avon;
Approving the Form of the Ballot Title; and providing for Other Matters Related Thereto (Randy
Funk, Sherman & Howard)
7. RESOLUTIONS
8. APPEALS FROM OR RECOMMENDATIONS OF PLANNING & ZONING COMMISSION
9. NEW BUSINESS
10. UNFINISHED / OLD BUSINESS
11. OTHER BUSINESS
12. TOWN MANAGER REPORT
TOWN OF AVON, COLORADO
REGULAR COUNCIL MEETING FOR TUESDAY, FEBRUARY 26, 2008
MEETING BEGINS AT 5:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
Avon Council Meeting.08.02.26
Page 3 of 3
13. TOWN ATTORNEY REPORT
14. MAYOR REPORT
15. FUTURE AGENDA ITEMS:
March 11, 2008: Historic Preservation Ordinance, URA: Lake Street Construction Award, East Avon
District Plan Review, Recreation Center Remodel Design & Cost Estimates
March 25, 2008: Town of Avon, Village at Avon and Eagle County School District Land Negotiations,
Public Works Complex Design Award
15. CONSENT AGENDA
a. Minutes from February 12, 2008
b. Account Services Agreement with Untraditional Marketing, Inc. for Avon’s Big Air Shootout
Whitewater Park Event (Meryl Jacobs, Recreation Director)
c. Community Survey Contract Agreement with Venturoni Research Services (Becky Lawlor,
Community Relations Officer)
d. The Westin Riverfront Resort and Spa Title Sponsorship Agreement (Meryl Jacobs, Recreation
Director) Agreement between The Westin Riverfront Resort and Spa and The Town of Avon to be the title
sponsor for the 2008 Salute to USA
e. Beaver Creek Resort Company Agreement (Meryl Jacobs, Recreation Director) Agreement with
Town of Avon to be a corporate sponsor for the 2008 Salute to the USA
f. Western Enterprises Sponsorship Agreement (Meryl Jacobs, Recreation Director) Town of Avon
agreement with Western Enterprises to be an associate sponsor for the 2008 Salute to the USA
16. ADJOURNMENT
Officer Phillip Florio — Graduated from the Pueblo Law Enforcement Academy in December
of 2007. He holds a BS in Criminal Justice from the Colorado Technical University. Phillip
received an honorable discharge after serving six years as a scout in the United States
Army.
These employees have over 62 combined years of law enforcement experience and over
24 years of undergraduate education.
Awards: The following citizens and officers are to be recognized for dedicated service:
Omar Loya — Mr. Loya is the manager of the Philipp's 66 Gas Station and has reported over
68 crimes to the Avon Police Department. His reports have resulted in the arrest of over 16
individuals for driving under the influence of alcohol, and his actions have most likely
prevented death and injury. He is a highly respected member of our community and a
valuable asset to the Avon Police Department.
Harald Mikkelson — On February 6, 2008 Mr. Mikkelson observed a woman crawling in the
snow. He stopped to assist her and summoned emergency medical treatment. The
woman was in the later stages of hyperthermia with a dangerously low body temperature.
Medical staff relayed that his quick response resulted in her life being saved.
Officer Ramirez — Elaine Turnbull of the Victim Impact Pannel for Eagle County will
present Officer Yvonne Ramirez an award for being the top officer during the 2007
Gore Range DUI Task Force. The task force is comprised of members from each of
the law enforcement agencies in Eagle County.
Town Manager Comments:
• Page 2
102
MEMORANDUM
TO: Town Council
FROM: Dee P. Wisor
RE: Amending Ordinance Relating to Establishment
of Special Districts
DATE: January 31, 2008
In Ordinance No. 07-11, adopted last November, the Council added a Chapter 18.01
to the Avon Municipal Code that set forth policies regarding the establishment of special
districts formed pursuant to Title 32, Article 1 of the Colorado Revised Statutes. That
chapter currently does not contain an express limit on the mill levies of special districts, but
instead refers to the maximum mill levy set forth in the Model Service Plan.
The proposed Ordinance No. 08-02 would amend Chapter 18.01 to state that any
special district that includes residential property may not impose a mill levy greater than 50
mills and that any special district that does not include residential property may not impose
a mill levy greater than 50 mills without demonstrating to the satisfaction of the Council
that a greater mill levy is required.
Conclusion.
Staff recommends that the ordinance be adopted to effect the change
discussed above.
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001024000\PUBFIN\732747.4
TOWN OF AVON, COLORAOD
ORDINANCE NO. 08-02
SERIES OF 2008
AN ORDINANCE AMENDING PROVISIONS OF THE AVON MUNICIPAL
CODE RELATING TO SPECIAL DISTRICTS
WHEREAS, the Town of Avon (the "Town"), is a municipal corporation duly
organized and existing as a home rule municipality under Article XX of the Colorado
Constitution and laws of the State of Colorado (the "State") and the Town's Home Rule
Charter; and
WHEREAS, pursuant to Ordinance No. 07-11, the Town Council of the Town
(the "Council") added a Chapter 18.01 to the Avon Municipal Code ("Chapter 18.01"),
which set forth policies regarding the establishment of special districts formed pursuant
to Title 32, Article 1 of the Colorado Revised Statutes; and
WHEREAS, Chapter 18.01 does not contain an express maximum mill levy that
may be imposed by such districts and does not distinguish between the maximum mill
levy that may be imposed upon property to be used for residential purposes and property
to be used for non-residential purposes; and
WHEREAS, the Council wishes to amend Chapter 18.01 to provide a maximum
mill levy for such districts and to distinguish between the maximum mill levy that may be
imposed upon property to be used for residential purposes and property to be used for
non-residential purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO:
Section 1. Amendment. Section 18.01.05(b)(2) of the Avon
Municipal Code is hereby amended to provide as follows
(2) The mill levy assessed by the District on real or
personal property within the District shall be in an amount sufficient to satisfy only debt
service and operations of the District. In the case of a District which includes property
which is being or is planned to be used for residential purposes, the maximum mill levy
shall not exceed fifty (50) mills and in the case of a District which does not include
property which is being or is planned to be used for residential purposes, the maximum
mill levy shall not exceed fifty (50) mills unless the applicant demonstrates to the
satisfaction of the Town Council that a mill levy cap in excess of fifty (50) mills is
required. The mill levy cap may be adjusted by the District to take into account
legislative or constitutionally imposed adjustments in assessed values or the method of
their calculation, so that to the extent possible, the actual revenues generated by the
maximum mill levy are neither diminished nor enhanced as a result of such changes.
Among other adjustments, a change in the ratio of actual valuation of assessable property
shall be deemed a change in the method of calculating assessed valuation. The mill levy
PUBFIN\774640.2
will terminate when the bonds are no longer outstanding with the exception of a mill levy
sufficient for operations. The District shall not impose a Debt service mill levy for more
than forty (40) years after the year of the initial imposition of such Debt service mill levy
unless: (1) a majority of the board of directors of the District imposing the mill levy are
residents of such District, and (2) such Board has voted in favor of issuing Debt with a
term which requires or contemplates the imposition of a Debt service mill levy for a
longer period of time than the limitation contained herein.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 12th day of February, 2008.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND
READING, AND ORDERED POSTED the 26th day of February, 2008.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
PUBFIN\774640.2
2
Sherman & Howard L.L.c.
ATTORNEYS & COUNSELORS AT LAW
633 SEVENTEENTH STREET, SUITE 3000
DENVER, COLORADO 80202
TELEPHONE: (303)297-2900
FAX (303)298-0940
OFFICES IN: COLORADO SPRINGS
PHOENIX • RENO LAS VEGAS
MEMORANDUM
To: Avon Town Council
From: Randy D. Funky
Date: February 6, 2008
Re: Ordinance Calling Special Election on Charter Amendment
Section 18.01 of the Avon Town Charter states that the Town may not sell or dispose of
municipally -owned buildings or real property in use for public purposes without approval from
the Town's voters at an election. Current development plans call for the Town to exchange
property it currently owns for other property currently owned by private parties. This type of
exchange can assist economic development within the Town and provide the Town with property
that is more suited to its needs. However, the current charter provision would require each such
exchange or any similar transaction to be approved at an election, which can be expensive and
time-consuming.
The proposed ordinance would submit an election question to the Town's electors asking
them to amend the Town Charter so that an election is no longer required for Town land
transactions. Instead, the Council would be authorized to sell, exchange, lease or dispose of
Town property interests so long as it holds a public hearing on the transaction and finds that: (1)
the transaction will be consistent with the stated planning objectives of the Town; (2) the Town
will receive property or other payment with an appraised value equal to or greater than the
property or other payment it gives as part of the transaction; and (3) the transaction will provide
a long-term economic, cultural or social community benefit for the Town. This new provision
will retain significant public input in Town land transactions while making the process more
flexible than the full election requirement.
Conclusion
Staff recommends that the ordinance be adopted to submit the Charter amendment
to the Town electors.
001024000\PUB FIN\774721.2
i
TOWN OF AVON
ORDINANCE NO. 08-03
SERIES OF 2008
AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY MAY 6, 2008, TO SUBMIT A BALLOT QUESTION CONCERNING THE
APPROVAL OF AN AMENDMENT TO THE HOME RULE CHARTER OF THE
TOWN OF AVON; APPROVING THE FORM OF THE BALLOT TITLE; AND
PROVIDING FOR OTHER MATTERS RELATED THERETO.
WHEREAS, the Town of Avon (the "Town"), is a municipal corporation duly
organized and existing as a home rule municipality under Article XX of the Colorado
Constitution ("Article XX") and laws of the State of Colorado (the "State") and the Town's
Home Rule Charter (the "Charter"); and
WHEREAS, Section 18.6 of the Charter provides that the Charter may be
amended at any time in the manner provided by statute; and
WHEREAS, Section 9(3) of Article XX provides that the provisions of Article
XX, as they relate to procedures for the amendment of existing home rule charters, may be
superseded by statute; and
WHEREAS, the Municipal Home Rule Act of 1971 (the "Home Rule Act"),
codified at Title 31, Article 2, Part 2 of the Colorado Revised Statutes ("C.R.S.") expressly
supersede the requirements of Article XX as they relate to procedures for the amendment of
existing home rule charters; and
WHEREAS, Section 31-2-210(1)(b) of the Home Rule Act provides that the
Council may, by ordinance, submit a proposed amendment to the Charter to a vote of the
registered electors of the Town; and
WHEREAS, Section 31-2-210(1)(b) of the Home Rule Act further provides that
such ordinance shall also adopt a ballot title for the proposed amendment; and
WHEREAS, Section 3.1 of the Charter and Section 31-2-211(1) of the Home
Rule Act call for a Town election on a proposed amendment to the Charter to be conducted
pursuant to the Colorado Municipal Election Code of 1965 (the "Election Code"), codified at
Title 31, Article 10, C.R.S.; and
WHEREAS, Section 31-10-108 of the Election Code provides that the Town may
call a special election on any Tuesday designated by ordinance or resolution of the Council; and
WHEREAS, the Council has determined that the interests of the Town and its
residents will be best served by giving the Council greater flexibility to enter into property
transactions that the Council determines, following a public hearing, will be consistent with the
stated planning objectives of the Town, will provide the Town with consideration with a value
that is substantially equal to or greater than the value of the consideration the Town will convey,
and will provide a long-term economic, cultural or social community benefit for the Town, as
described in the proposed amendment to Section 18.3 of the Charter (the "Proposed
Amendment"), which is attached hereto as Exhibit A; and
WHEREAS, the Council has determined that the interests of the Town and its
residents requires a special election to be held on Tuesday, May 6, 2008, to submit the Proposed
Amendment to the registered electors of the Town in accordance with Article XX, the Home
Rule Act and the Election Code; and
WHEREAS, it is necessary to set forth certain procedures concerning the conduct
of the special municipal election.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO:
Section 1. The Council hereby calls for a special election (the "Election") to
be held within the Town on Tuesday, May 6, 2008, at which the Proposed Amendment shall be
submitted to the registered electors of the Town. The Town shall utilize the requirements and
procedures of the Election Code with respect to the Election.
Section 2. All action heretofore taken (not inconsistent with the provisions of
this Ordinance) by the Town and the officers thereof, directed towards the Election and the
objects and purposes herein stated is hereby ratified, approved and confirmed.
Section 3. Unless otherwise defined herein, all capitalized terms shall have
the meanings defined in Article XX, the Home Rule Act, or the Election Code.
Section 4. The Council hereby designates the Town Clerk to act as the
designated election official with respect to the Election and the Town Clerk is hereby authorized
and directed to proceed with any action necessary or appropriate to effectuate the provisions of
this Ordinance and of Article XX, the Home Rule Act, the Election Code, or other applicable
laws. Without limiting the generality of the foregoing, the designated election official shall
appoint election judges as necessary, appoint the canvass board, arrange for the giving of any
required notices of Election, arrange for printing of ballots, and direct that all other appropriate
actions be accomplished.
Section 5. The ballot title for the ballot question to be submitted to the
registered electors of the Town at the special municipal election shall be in substantially the
following form:
Question 2A: Authorizing an Amendment to the Avon Town Charter
regarding Town property transactions.
Shall Section 18.3 of the Charter of the Town of Avon be amended to provide as
follows:
3
Section 18.3 Municipally -Owned Real Property
(a) The Town may sell, exchange, lease or dispose of any interest in real
property or buildings of the Town to or with any person, firm or corporation, or
other public or private entity. Any such sale, exchange, lease or disposition shall
be approved by ordinance after a public hearing thereon.
(b) Any ordinance adopted pursuant to subsection (a) of this Section shall
contain findings by the Council that:
1. the transaction will be consistent with the stated planning
objectives of the Town;
2. the appraised value of the interest in real property or buildings or
the value of other consideration to be received by the Town is
substantially equal to or greater than the appraised value of the interest in
real property or buildings or the value of other consideration to be given
by the Town; and
3. the transaction will provide a long-term economic, cultural or
social community benefit for the Town.
(c) Any legal or equitable action brought with respect to the transaction shall
be commenced within 30 days after adoption of the ordinance.
Section 6. Pursuant to Section 31-2-210(6) of the Home Rule Act, if a
majority of the registered electors of the Town voting thereon vote for the Proposed Amendment,
the Proposed Amendment shall be deemed approved and incorporated into the Charter. If so
approved, the Town Clerk shall file a certified copy of the Charter, as amended, with the
Colorado Secretary of State and shall record a certified copy of the Charter within the official
records of the Town within twenty days of the approval of the Proposed Amendment.
Section 7. Pursuant to Section 31-10-1308 of the Election Code, any election
contest arising out of a ballot issue or ballot question election concerning the order of the ballot
or the form or content of the ballot title shall be commenced by petition filed with the proper
court within five days after the title of the ballot issue or ballot question is set or within five days
after the ballot order is set. Pursuant to Section 31-2-218 of the Home Rule Act, no proceeding
contesting the adoption of the Proposed Amendment shall be brought unless commenced within
forty-five days after the Election.
Section 8. In addition to any notices required by the Election Code, the Town
Clerk shall, within thirty days of the date of adoption of this Ordinance, publish notice of the
Election, which notice shall contain the full text of the Proposed Amendment in accordance with
Section 31-2-210(4) of the Home Rule Act.
Section 9. If any section, paragraph, clause or provision of this Ordinance
shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section, paragraph, clause or provision shall in no manner affect any remaining provisions
of this Ordinance.
Section 10. All ordinances or parts of ordinances inconsistent herewith are
hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to
revive any ordinance or part of any ordinance heretofore repealed.
Section 11. Pursuant to Section 6.4 of the Charter, this Ordinance shall take
effect seven days after public notice following final passage.
[The remainder of this page is left intentionally blank]
4
V
INTRODUCED, READ BY TITLE, APPROVED ON FIRST READING,
AND ORDERED PUBLISHED IN FULL at a regular meeting of the Town Council of the
Town of Avon, Colorado, on February 12, 2008.
TOWN OF AVON, COLORADO
(SEAL)
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED AND ORDERED PUBLISHED BY
TITLE ONLY at a regular meeting of the Town Council of the Town of Avon, Colorado,
on February 26, 2008.
TOWN OF AVON, COLORADO
(SEAL)
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
5
6
Exhibit A
Proposed Amendment
Section 18.3 of the Charter, which currently reads as follows:
Section 18.3 Restrictions on Sale of Municipally -Owned Real Property.
The Town shall not sell or dispose of municipally -owned buildings or real property in use for
public purposes without first obtaining the approval of a majority of the electors voting thereon.
would be replaced in its entirety by the following:
Section 18.3 Municipally -Owned Real Property
(a) The Town may sell, exchange, lease or dispose of any interest in real property or
buildings of the Town to or with any person, firm or corporation, or other public or private
entity. Any such sale, exchange, lease or disposition shall be approved by ordinance after a
public hearing thereon.
(b) Any ordinance adopted pursuant to subsection (a) of this Section shall contain findings
by the Council that:
1. the transaction will be consistent with the stated planning objectives of the Town;
2. the appraised value of the interest in real property or buildings or the value of
other consideration to be received by the Town is substantially equal to or greater than
the appraised value of the interest in real property or buildings or the value of other
consideration to be given by the Town; and
3. the transaction will provide a long-term economic, cultural or social community
benefit for the Town.
(c) Any legal or equitable action brought with respect to the transaction shall be commenced
within 30 days after adoption of the ordinance.
A-1
STATE OF COLORADO
COUNTY OF EAGLE
TOWN OF AVON
) SS.
I, Patty McKenny, the duly elected, qualified and acting Town Clerk of the Town
of Avon, Colorado (the "Town") do hereby certify:
1. That the foregoing pages are a true, correct, and complete copy of an
ordinance (the "Ordinance") concerning the submission of a proposed amendment to the charter
of the Town (the "Charter") to the registered electors of the Town by the Town Council (the
"Council"), duly adopted at a regular meeting of the Council held at the Town Municipal
Building on February 26, 2008.
2. The Ordinance was introduced, read by title, and approved on first reading
at an open, regular meeting of the Council on Tuesday, February 12, 2008 by an affirmative vote
of the majority of the membership of the entire Council as follows:
Name
"Yes"
"No"
Absent
Brian Sipes
Richard Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Tamra Nottingham Underwood
Ronald C. Wolfe
3. The Ordinance was published in full on February , 2008, by posting in
at least three public places within the Town in addition to posting at the office of the Town Clerk
in accordance with Section 6.7 of the Charter. Such notice additionally set forth the day, hour
and place set for a public hearing to be held by the Council on the Ordinance.
4. Following a public hearing thereon, the Ordinance was finally approved
on second reading at an open, regular meeting of the Council on Tuesday, February 26, 2008, by
an affirmative vote of the majority of the membership of the entire Council as follows:
Name
"Yes"
"No"
Absent
Brian Sipes
Richard Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Tamra Nottingham Underwood
Ronald C. Wolfe
5. After final passage, the Ordinance was published by title on February ,
2008, by posting in at least three public places within the Town in addition to posting at the
office of the Town Clerk in accordance with Section 6.7 of the Charter.
6. The Ordinance has been signed by the Mayor, sealed with the corporate
seal of the Town, attested by me as Town Clerk, and duly recorded in the official records of the
Town; and that the same remains of record in the official records of the Town.
7. Notices of the regular meetings of February 12, 2008, and February 26,
2008, in the forms attached hereto as Exhibit 1, were posted in a designated public place within
the boundaries of the Town no less than twenty-four hours prior to such meetings.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said Town this day of , 2008.
(SEAL) Town Clerk
2
EXHIBIT 1
(Attach Notices of Meetings)
001024000\PUBFIN\774670.3
f0
Sherman & Howard L.L.C.
January 2008
GUIDANCE FOR COLORADO GOVERNMENTS
IN COMPLYING WITH THE FAIR CAMPAIGN PRACTICES ACT
In most situations, the use of government money or resources to influence an election
in Colorado is against the law. The Fair Campaign Practices Act, Colorado Revised Statutes,
Section 1-45-101, et seq. (the "FCPA") and Article XXVIII of the Colorado Constitution govern,
among other things, the use of public moneys in a campaign involving the election of any person to
any public office or involving any election question. The purpose of this memorandum is to help
explain the types of conduct that are allowed and not allowed under the FCPA. This memorandum
does not address every situation that might occur, but it covers many of the questions that arise most
frequently.
The FCPA's restrictions apply to any agency, department, board, division, bureau,
commission, or council of the State of Colorado. The same restrictions also apply to any political
subdivision of the State, including counties, cities, towns, school districts and special districts.
Throughout this memorandum, the term "Government" includes all the governments covered by the
FCPA.
Prohibited Uses of Government Money and Resources
The FCPA prohibits a Government from (1) making any contribution in a campaign
involving the nomination, retention, or election of any person to any public office; and (2) expending
any public moneys from any source to urge electors to vote for or against any state-wide ballot issue,
local ballot issue, referred measure, or measure for the recall of any officer. See Section 1-45-
117(1)(a)(I). Therefore, in most cases, the employees and officials of a Government must not use
any Government money or resources to support a candidate's campaign or to attempt to convince
voters to vote for or against an election question, including questions that have been placed on the
ballot by the Government itself. For example, after calling for a bond election, a special district may
not use district money to pay for fliers and visual aids that support the bond issue. See Skruch v.
Highlands Ranch Metropolitan Districts Nos. 3 and 4,107 P.3d 1140 (Colo. App. 2004). Likewise,
a school district may not post information on its website advocating the passage of a bond issue that
it has referred to voters. See Wimsatt v. Jefferson County Public Schools, District R-1, Agency
Decision, Case No. OS 2004-018.
It is important to note that a Government may violate this law without specifically
asking voters to "vote for" or "vote against" an election question. See Skruch v. Highlands Ranch
Metropolitan Districts Nos. 3 and 4, 107 P.3d 1140 (Colo. App. 2004). Any communication
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discussing an election subject to the FCPA that favors one position will violate the FCPA. See
Brown v. City of Littleton, Agency Decision, Case No. OS 2006-023.
Also, the FCPA restrictions do not apply only to the use of Government money, but
also to other Government resources such as the use of copiers, vehicles, computers, facilities,
telephones or newsletters. In addition, the FCPA restrictions apply to Government employees' time
during work hours. Therefore, if a city creates a flier that improperly urges voters to vote for or
against an election question, it violates the FCPA not only by using city money to pay for postage for
the flier, but also by using city letterhead and the staff time of city employees to prepare the flier.
Brown v. City of Littleton, Agency Decision, Case No. OS 2006-0023. Likewise, if a Government
allows outside groups to use its facilities, it must treat groups that support all candidates or both sides
of an election question equally in all significant respects, including facility scheduling and fees.
Exceptions
The FCPA's prohibition on the use of Government money and resources described
above does not apply in all cases. Some exceptions to the rule are described below.
1. Time Period
The FCPA only restricts the use of Government money and resources during a certain
time period leading up to an election. The restrictions do not begin with respect to a state or local
ballot issue until the issue has been submitted to have a ballot title fixed or has had a ballot title
fixed, and do not begin with respect to a referred measure until the measure has been referred to the
voters. Thus, a school district can spend district money on a flier speaking positively about a
potential bond issue before it refers the actual bond question to the voters. See Coan v. Weld County
School District Re -3J, Agency Decision, Case No. OS 1996-006. Likewise, a special district will not
violate the FCPA by distributing materials encouraging citizens to support the construction and
financing of a new recreation center if the district never actually submits a bond or tax question to
the voters. See Serra v. Montrose Recreation District, Agency Decision, Case No. OS 2006-022.
However, it is important to note that once an issue has been submitted to have a ballot title fixed or
has had a title fixed or a referred measure has been referred to the voters, the FCPA restrictions apply
to any expenditure of public money or resources. This includes making payments for materials or
services provided before the Government took official action to submit the question. For this reason,
several metropolitan districts violated the FCPA by paying for materials promoting their bond issues
after the district boards had passed resolutions submitting the bond questions, even though the
materials themselves had been distributed before the resolutions were passed. See Skruch v.
Highlands Ranch Metropolitan Districts Nos. 1-5, Agency Decision, Case No. OS 2002-019, which
was upheld by the Colorado Court of Appeals in Skruch v. Highlands Ranch Metropolitan Districts
Nos. 3 and 4, 107 P.3d 1140 (Colo. App. 2004),
2. Factual Summary
Section 1-45-117(1)(b)(I) of the FCPA permits a Government to use Government
money and resources to discuss an election if the Government is providing "a factual summary,
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which shall include arguments both for and against the proposal." The summary may not include a
conclusion or opinion in favor of or against any particular issue, and a Government may only prepare
a summary regarding an issue that will appear on the ballot within its jurisdiction.
It is important to note that a communication can fail to qualify for this exception even
if it is called a "factual summary" and has an "arguments for" and "arguments against" section. A
permitted factual summary must not express any opinion on an issue and its description of both sides
of the issue must be balanced and even-handed. However, if a summary is balanced and even-
handed, it will qualify for the exception even if the arguments against the proposal are not the most
persuasive arguments or do not reflect opponents' input. See Bruce v. City of Colorado Springs,
Agency Decision, Case No. OS 2003-005.
3. Personal Opinions
Section 1-45-117 (1)(b)(II) of the FCPA permits members of the governing body of a
Government, such as a city council or board of directors, and other elected Government officials to
publicly voice their personal opinion about an issue. The FCPA does not limit the right of public
officials and employees to speak out on a matter before the voters. However, in expressing their
personal opinions, officials and employees may not use Government money or resources.
Government employees and officials may urge electors to vote in favor of or against any issue and
may participate in political campaigns, however they must do so during their personal time, not
during work hours. Likewise, Government employees and officials may spend money on materials
that discuss elections covered by the FCPA, so long as that money is their personal money, and not
Government money. For example, a city council member will not violate the FCPA by publishing a
newsletter discussing a local ballot issue if she pays for the newsletter using her personal funds
instead of using city funds. See Tyler v. Boigon, Agency Decision, Case No. OS 2007-001. Any
Government employee or official who uses his or her personal time or money to participate in a
campaign as described in this section should be sure to keep sufficient records to show that he or she
did not use any Government time or money in the effort.
4. Answering Questions
Section 1-45-117(1)(a)(II) of the FCPA allows a Government employees and officials
to respond to questions about a ballot issue or referred measure, so long as the question was not
solicited by the Government.
5. Fifty -Dollar Exception
If a Government employee or official has policy -making responsibilities, then he or
she may use not more than $50 of Government money in the form of letters, telephone calls or other
activities related to expressing his or her opinion on a ballot question. Section 1-45-117(1)(a)(II). It
is important to note that this exception only applies to ballot issues, not to contributions made to a
candidate campaign. Therefore, a city mayor will violate the FCPA by spending only $2.35 on a
letter supporting a candidate. Muller v. Burkholder, Agency Decision, Case No. OS 2002-012. In
addition, the fifty -dollar exception is an individual exception only. So five members of a city council
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may not combine their $50 exceptions to jointly spend $250 of public moneys incidental to
expressing their opinions on an issue. See Brown v. City of Littleton, Agency Decision, Case No. OS
2006-0023.
6. Resolutions.
Section 1-45-117(1)(b)(III) of the FCPA authorizes the governing body of a
Government to formally take a position with respect to an election question by passing a resolution
urging citizens to vote for or against the question. Passage of such a resolution may be reported or
distributed through the established, customary means that the Government uses to inform the public
of its proceedings. For example, if a Government regularly sends out a newsletter, the passage of the
resolution may be reported in the newsletter. However, extraordinary methods of distribution, such
as paid advertising or a one-time newsletter for this specific purpose, may not be used.
Enforcement
Any person who believes that a violation of the FCPA has occurred may file a written
complaint with the secretary of state no later than one hundred eighty days after the date of the
alleged violation. The secretary of state is required to refer the complaint to an administrative law
judge within 3 days of filing. If the judge determines that a violation has occurred, the judge may
issue an order or sanction as authorized by the FCPA or Article XXVII of the Colorado Constitution.
The judge's decision may be reviewed by the Colorado Court of Appeals.
Penalties
The original provision providing penalties for FCPA violations has been repealed;
however judges continue to levy sanctions against those who violate the FCPA. Currently, there is
no clear standard for determining the sanction that will be imposed. In one case, a judge concluded
that it was appropriate to impose a penalty of double the amount spent by the Government, using
guidance from Article XXVIII, Section 10 of the Colorado Constitution. See Tippett v. Town of
Snowmass Village, Agency Decision, Case No. OS 2005-032. Another judge imposed a fine of $500
for a violation involving $157.85. The judge explained that even though the amount of Government
money spent in the case was relatively insignificant, the violation of the FCPA was not. See Brown
v. City of Littleton, Agency Decision, Case No. OS 2006-0023.
Campaign Permitted Activities for Public Entities
Appended to this Memorandum is a list of permissible activities for Governments,
their officials and their employees based on recent decisions of ALJs.
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CAMPAIGN PERMITTED ACTIVITIES
A. "Can Do's"
1. The Board may adopt a resolution taking a position of advocacy on a state-
wide ballot issue that has been submitted to the secretary of state for having a title fixed, any local
ballot issue that has been submitted to the legislative body of the municipality for having a title fixed,
a referred measure, or a recall measure. This resolution may include a recitation of the facts and/or
arguments in favor of the Board's position. As a resolution adopted by the Board, it is available for
public inspection and becomes a part of the public minutes of the meeting. Distributing the
resolution or reporting on its passage may be accomplished only through established, customary
means. For example, if your Government regularly sends out a newsletter, the passage of the
resolution may be reported in this newsletter. However, extraordinary methods of distribution or
posting, such as paid advertising or distribution of a newsletter when such was not a prior practice,
may not be used.
2. The Board may authorize the expenditure of public moneys and may make
contributions to disseminate a "factual summary" on such issue, which must include arguments both
for and against the proposal, on any issue of "official concern" before the electorate in the
jurisdiction. The summary shall not contain a conclusion or opinion in favor of or against any
particular issue. An issue of official concern shall be limited to issues that appear on an election
ballot in the jurisdiction.
3. A Board member or Government employee may respond to questions about
election issues during working time, so long as the Government has not solicited the question. The
responses should not contain partial conclusions or otherwise tend to urge a favorable or unfavorable
vote on the issue. Accordingly, employees should not volunteer opinions during work time
speculating about the anticipated effects of passage or defeat of the ballot question. A recent AU
opinion held that a Government employee could answer questions, posed at a public meeting where
he was invited to speak, about how a proposed issue would affect his department so long as that
employee did not expressly urge electors to vote one way or the other.
4. A Board member or Government employee with policy -making
responsibilities may spend up to $50 of public moneys in the form of letters, telephone calls, or other
activities incidental to expressing his or her opinion on the issue.
5. Elected officials may express a personal opinion on an election issue at any
time and place (so long as the time and place does not indirectly constitute a contribution by the
Government or a use of Government resources).
6. A Government employee may "endorse" an election issue on his or her
personal time. A Board member or Government employee may expend personal funds, make
contributions, or use personal time to urge electors to vote for or against an election issue. All
employees should be asked to keep records substantiating that any time spent campaigning for the
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election issue was on personal or unpaid time, time outside of working hours, compensatory time, or
vacation time.
7. The Board may allow interested groups, including proponents and opponents
of candidates or of issues before the electorate, to rent space in its facilities as long as the opportunity
is provided on an even-handed basis. The method of communicating the invitation, the access given,
and the opportunity to disseminate information must be substantially the same for all interested
groups.
B. "Can't Do's"
1. Public funds, facilities, supplies, equipment or bulk mail permits may not be
expended or used by the public entity to urge a vote in favor of or against the issue, even when the
cost is reimbursed.
2. The Government may not allow others who are advocating a position on any
issue before the electorate to use these resources. Nevertheless, groups that have organized to
discuss or otherwise to promote or urge defeat of the election issue may be allowed to rent facilities
pursuant to an adopted policy, but all such groups must be treated even-handedly and must be
allowed similar access. Preferential treatment in scheduling and fees charged must not be given.
3. Employees or paid members of the Government cannot work on a campaign
during working hours and may not use public facilities or equipment for a campaign. During work
time, the information that members or employees dispense to the community must be limited to
providing copies of the "factual summary" and to responding to unsolicited questions. Employees
must restrict their "campaigning" to personal time.
4. The Government may not require employees or other staff members to work
for an election issue (other than on the "factual summary").
5. The Board may not contribute to other organizations and political committees
that may be organized to raise any funds and make any expenses concerning advocacy of the election
issue.
6. The Government should not accept cash or any other contributions from
citizens for use by the government in connection with any election.
7. The Government must not release the addresses or telephone numbers of
employees, or past or present users of public utilities, public facilities, or recreational or cultural
services which are owned and operated by the state or a political subdivision thereof, regardless of
whether the group seeking the information supports or opposes the election, unless the employee,
user or person has given express consent to the release of such information for purposes of the
election or as part of a directory that is otherwise available to the public.
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Becky Lawlor, Community Relations Officer
Date: February 21, 2008
Re: Town of Avon Special Election Fact Sheet
Summary: Attached is a fact sheet that was created by Town of Avon staff that may be distributed
regarding the special municipal election on property transactions. This fact sheet was reviewed and
approved by John Dunn, Town Attorney.
Attachments: Exhibit A: Town of Avon Special Election Regarding Property Transactions Fact
Sheet
Town Manager Comments:
Vote on Tuesday,
May 6, 2008
Town of Avon
Special Election
Town of Avon Special Election
Regarding Property Transactions
On Tuesday, May 6, 2008, Town of Avon voters will
be asked to vote on authorizing an Amendment to
the Avon Town Charter regarding Town property
transactions.
The ballot question is below:
Shall Section 18.3 of the Charter of the Town of
Avon be amended to provide as follows:
Section 18.3 Municipally -Owned Real Property
(a) The Town may sell, exchange, lease or dispose
of any interest in real property or buildings of the
Town to or with any person, firm or corporation,
or other public or private entity. Any such sale,
exchange, lease or disposition shall be approved by
ordinance after a public hearing thereon.
(b) Any ordinance adopted pursuant to subsection
(a) of this Section shall contain findings by the
Council that:
1. the transaction will be consistent with the stated
planning objectives of the Town;
2. the appraised value of the interest in real
property or buildings or the value of other
consideration to be received by the Town is
substantially equal to or greater than the appraised
value of the interest in real property or buildings or
the value of other consideration to be given by the
Town; and
3. the transaction will provide a long-term
economic, cultural or social community benefit for
the Town.
(c) Any legal or equitable action brought with
respect to the transaction shall be commenced
within 30 days after adoption of the ordinance.
By The Numbers:
The Colorado Municipal League surveyed
97 municipalities in the State of Colorado
on whether an election is required for
sale of public property. Responses were
received in one or more categories from 83
municipalities.
The table below lists the number and
percentage of Colorado municipalities that
DO NOT require an election for specific
property type categories.
In all cases, as you will see below, the
majority (50% or more) of municipalities
surveyed do not require an election for
conveyance of property.
Category of
Property
Number Not
Requiring Election
Percentage of
Municipalities
Water/Utility Rights
77
93%
Utilities Only
75
90%
Municipal/Public
Purpose
64
77%
Park/Recreation
Property
52
63%
Any type of public
property but may
require Ordinance
57
69%
Note: Some municipalities are counted in more than one category if
they do not require an election for several categories. Percentages are
based on 83 responding municipalities.
MINUTES OF THE REGULAR MEETING OF THE AVON TOWN COUNCIL
HELD FEBRUARY 12, 2008
A regular meeting of the Town of Avon, Colorado was held at the Avon Municipal Building, 400
Benchmark Road, Avon, Colorado in the Council Chambers.
Mayor Ron Wolfe called the meeting to order at 6 PM. A roll call was taken and Council
members present were Rich Carroll, Kristi Ferraro, Amy Phillips, Brian Sipes and Tamra
Nottingham Underwood. Dave Dantas was absent. Also present were Town Attorney John
Dunn, Town Manager Larry Brooks, Administrative Services Director Patty McKenny, Town
Engineer Justin Hildreth, Asst. Town Manager Finance Scott Wright, Community Development
Director Eric Heidemann, Public Works/Transportation Director Jenny Strehler, and Community
Relations Officer Becky Lawlor as well as members of the press and public.
APPROVAL OF AGENDA & DISCLOSURE OF POTENTIAL OF CONFLICT OF INTEREST
Mayor Wolfe noted that the climate action plan was added to unfinished business since the topic
was not fully discussed during the work session. Town Attorney John Dunn asked if there were
any ex parte conversations related to the appeal by David Forenza; none were noted.
COMMUNITY INPUT
Bobby Bank, resident of Avon, commented on another piece of Village at Avon PUD
correspondence he recently received. He noted that it was impossible for citizens to comment
on this project with all the delays. He requested that the public have more input on this project.
He again asked if and where the plan was for the project.
ORDINANCES
Dee Wisor, Sherman & Howard, presented Ordinance No. 08-02, Series of 2008, First,
Reading, An Ordinance Amending Provisions of the Avon Municipal Code Relating to Special
Districts. He noted that the proposed Ordinance would amend Chapter 18.01 to state that any
special district that includes residential property may not impose a mill levy greater than 50 mills
and that any special district that does not include residential property may not impose a mill levy
greater than 50 mills without demonstrating to the satisfaction of the Council that a greater mill
levy is required. He addressed the fact that most developers prefer to see a "cap" as a form of
protection. Councilor Phillips moved to approve Ordinance No. 08-02, Series of 2008, First,
Reading, An Ordinance Amending Provisions of the Avon Municipal Code Relating to Special
Districts. Councilor Ferraro seconded the motion and it passed unanimously.
Randy Funk, Sherman & Howard, presented Ordinance No. 08-03, Series of 2008, First
Reading, Ordinance Calling a Special Municipal Election to be Held on Tuesday May 6, 2008, to
Submit a Ballot Question Concerning the Approval of an Amendment to the Home Rule Charter
of the Town of Avon; Approving the Form of the Ballot Title; and providing for Other Matters
Related Thereto. He noted that the ordinance would submit an election question to the town's
electors asking them to amend the charter so that an election is no longer required for town land
transactions. Councilor comments were heard regarding the topic; Councilor Dantas thought
the sale of land should be left to the decision of the voters; he supported the question be
submitted to the voters however did not support the revision to the charter. Councilor's Ferraro
and Phillips supported the effort in light of providing more opportunities to the town to create a
more viable community. It was also noted that what is being presented is a prevailing matter in
Colorado. Some comments were made about the town issuing a factual statement. Councilor
Carroll moved to approve Ordinance No. 08-03, Series of 2008, First Reading, Ordinance
Calling a Special Municipal Election to be Held on Tuesday May 6, 2008, to Submit a Ballot
Question Concerning the Approval of an Amendment to the Home Rule Charter of the Town of
Avon; Approving the Form of the Ballot Title; and providing for Other Matters Related Thereto.
Councilor Ferraro seconded the motion and it passed with a five to one vote (Dantas nay).
RESOLUTIONS
Dee Wisor, Sherman and Howard, presented Resolution No. 08-06, Series of 2008, A
Resolution Concerning The Avon Urban Renewal Authority And Its Tax Increment Adjustable
Rate Revenue Bonds (Town Center West Area Urban Renewal Project), Series 2008;
Authorizing And Directing Actions By The Town Manager With Respect To The Preparation Of
Requests To The Town Council For Appropriation Of Funds For The Replenishment Of Certain
Funds Pertaining Thereto; Authorizing The 2008 Cooperation Agreement And Reimbursement
Agreement; And Other Actions Taken By The Town In Connection Therewith. He noted that
this resolution, if approved, authorizes the Town entering into (i) the Amended and Restated
Cooperation Agreement between the Town and the Authority, and (ii) authorizes the Town
executing and delivering the Reimbursement Agreement between the Town, the Authority and
DEPFA Bank, who is providing the letter of credit for the Bonds. This Replenishment Resolution
also expresses the Town's non -binding intent to replenish the bond reserve fund if the Authority
ever needs to use the reserve fund to pay for the bonds. The Town's obligations under the
Replenishment Resolution are subject to annual appropriation. Some discussions ensued on
the moral obligation required on the financing. Councilor Underwood moved to approve
Resolution No. 08-06, Series of 2008, A Resolution Concerning The Avon Urban Renewal
Authority And Its Tax Increment Adjustable Rate Revenue Bonds (Town Center West Area
Urban Renewal Project), Series 2008; Authorizing And Directing Actions By The Town Manager
With Respect To The Preparation Of Requests To The Town Council For Appropriation Of
Funds For The Replenishment Of Certain Funds Pertaining Thereto; Authorizing The 2008
Cooperation Agreement And Reimbursement Agreement; And Other Actions Taken By The
Town In Connection Therewith. Councilor Dantas seconded the motion and it passed
unanimously.
NEW BUSINESS
Don Cohen, Eagle County Economic Council, presented the Housing Action Team / Economic
Council of Eagle County Request for Funding of 2008 Work Plan He spoke about the details of
the 2008 work plan and noted that the formula calculated Avon's funding portion at $8200.
Discussion ensued about the groups involved as being directed by two different boards; there
has been some discussion about dissolving the economic council board. If approved, the funds
would need to be appropriated through a budget amendment. It was noted that there has been
support of the HAT by the public sectors of Eagle County. Council supported funding the work
plan for 2008.
Jenny Strehler, Public Works and Transportation Director, introduced the appeal by David
Forenza to the Avon Town Council related to the Revocation of Right -of -Way Use Permit No.
07-41. She made a review of the ongoing incident with David Forenza related to the violation
and revocation of the right of way permit / Lot 69, Block 4, 5351 Ferret Lane. She explained the
purpose of the documents included in the packet and spoke about the meetings held with him to
explain the conditions of the permit. It was noted that the permit was no longer valid. After a
review of the timeline, Mr. Forenza addressed the Council. David Forenza, 2019 Beaver Creek
Point, noted that he was new to the construction process. He read a statement that he was
Regular Council Meeting Page 2 of 4
08-02-12
unjustly served the revocation of the right of way permit and explained his perspective of the
matter. Larry Brooks, Town Manager, and Eric Heidemann, Assistant Town Manager both
addressed the items related to the situation. Mr. Brooks added that the town has not and will
not retaliate in response to Mr. Forenza's claim that he wasn't sure he wanted to attend the
meeting in fear of retaliation. Council commented on the appeal with Councilor Sipes' upholding
the position of staff. The Town Council was unanimous in its support of upholding the $500 fine
to Mr. Forenza as well as supporting the premise of the fine.
UNFINISHED / OLD BUSINESS
Matt Gennett, Planning Manager, presented a Resolution to amend the 2006 Town of Avon's
Comprehensive Plan, to establish Attainable Housing Policies. The proposal was to amend the
Housing (F) topic area which adds detail to the provision of attainable housing unit amounts and
types. The additional detail includes references to calculation for Residential and Commercial
linkage tied to new development. A review of the amendment procedures was explained and
staff requested that council remand the resolution to the planning and zoning commission to
review. Some council suggestions were made to the policies.
Jenny Strehler, Public Works and Transportation Director, led further discussion about what
actions the council would support related to reducing the town's carbon footprint in the Climate
Action Plan. There was support to reach goals as related to the recreation center. It was
suggested 2009 budget cycle be used as the venue to receive formal recommendations from
staff, especially those which have funding implications.
TOWN ATTORNEY REPORT
John Dunn noted that a draft plan for the exclusion of Eaglebend residents from Eagle Vail
Metro District will be on the agenda in the near future.
CONSENT AGENDA
Mayor Wolfe asked for a motion on the Consent Agenda. Councilor Ferraro moved to adopt the
consent agenda that included the minutes of January 22, 2008; Councilor Underwood seconded
and the motion passed unanimously.
There being no further business to come before the Council, the meeting was adjourned at 8:30
PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Town Clerk
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Brian Sipes
Tamra Underwood
Ron Wolfe
Regular Council Meeting Page 3 of 3
08-02-12
MEMORANDUM
To:
Thru:
From:
Date:
Re:
Honorable Mayor and Town Council
Larry Brooks, Town Manager
Danita Chirichillo — Special Events Supervisor
Meryl Jacobs — Director of Recreation and Cultural Services
February 21, 2008
White Water Park Marketing Campaign
k
Summary:
The Recreation staff has developed a marketing/promotional campaign to grow the
awareness of our newest amenity. This campaign includes the following:
1. Half -page full color ad in Canoe & Kayak Magazine "Whitewater" edition on sale
March 20, 2008. National distribution of 78,000.
2. Internet advertising on eddyflower.com with placement of a banner ad at the top
of the River Guide search results page and My Favorites page February 1 —
September 1, 2008. This banner ad links through to the White Water Park
information on the Recreation Center web site.
3. Internet advertising on eddyflower.com with placement of a banner ad at the top
of the Boat Guide search results page and Classifieds page September 1 — January
1, 2009. This banner ad links through to the White Water Park information on the
Recreation Center web site.
4. Town of Avon logo on eddyflower.com with adjacent white water park and
contact information.
5. Working with Alpine Quest Sports to bring professional kayakers into the Avon
Park to offer free clinics for five/six weeks.
6. Working with First Descents to develop fundraising mechanism utilizing the
White Water Park.
7. Light -pole banners along Avon Road at Bob the Bridge.
8. Advertising pages purchased in Colorado Mountain Express and Vail Valley 365
the Official Visitors Guide.
All of the above items are included in the 2008 Special Events budget.
Discussion:
"Avon's Big Air Shootout" is an additional opportunity, which the Recreation staff
would like to recommend to council. Untraditional Marketing will formulate and
facilitate a kayak video competition in 2008 for the Town of Avon. "Avon's Big Air
Shootout" is an on-line competition built to get people excited about the park while
allowing them to compete for cash.
Kayakers will go to the park during the competition and take video of the tricks they are
performing. They will then upload the video on a web page hosted by the Vail Daily.
Videos will be accessible to anyone who has a computer. At the end of the competition,
the winning videos will be chosen by a jury and awarded cash prizes. "Avon's Big Air
Shootout" is proposed to take place May 15 through July 15, 2008. This extended time
line allows participants to enjoy each feature at its best! The Recreation staff believes
this type of exposure will generate valley wide interest without the operational impacts of
a typical event i.e., set-up, tear -down, staffing, etc.
Financial Implications:
The elements of the promotional campaign listed in the Summary are accounted for in the
2008 Special Events budget. The Avon Big Air Shootout would require a budget
revision in the amount of $6,000.
Town Manager Comments:
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Ica a -
Attachments:
A. White Water Park ad placed in Canoe & Kayak Magazine
B. Untraditional Marketing contract for "Avon's Big Air Shootout"
A
intraditional marketing
This Account Services Agreement (this "Agreement") is made and entered
into as of February 15th, 2008 (the "Effective Date") by and between the Town of
Avon ("TOA"), having an address at PO Box 975, Avon, CO, 81620 and
Untraditional Marketing, Inc. ("UM"), having an address at PO Box 1430, Vail, CO
81658. TOA and UM may be referred to individually as a "Party" or collectively as
the "Parties."
RECITALS:
A. TOA wishes to retain the services of UM subject to the terms and
conditions set forth within this Agreement, in connection with the following business
aspects surrounding the planning, promotion, launch and management of the "Avon
Big Air Shootout" ("ABAS"). The program will include all aspects mentioned below
and in Exhibit A (attached).
AGREEMENT:
A. Term. TOA hereby engages UM to provide the services described in
Exhibit A commencing on the effective date above, and ending on July 15th, 2008.
B. Services. During the Term of this Agreement, UM will provide the
services and deliverables described below and in Exhibit A.
Contract Deliverables
• All efforts to announce, set criteria and judging, publicize, concept, manage, and
successfully implement the program listed on Exhibit A to encourage increased
kayaker participation in the Avon Whitewater Park.
Account Supervision
• Day to day management and operation planning and marketing of ABAS.
• Interact with TOA staff, as needed providing detailed TOA follow-up reports of all
meetings and tasks related to this project.
• Meetings or conversations with TOA representative(s) to include planning
sessions, project updates and budget discussions.
ABAS Plan Development and Budget Supervision
• Research, develop and implement the strategic ABAS marketing plan.
• Maintain project projected cost estimates built by TOA and UM.
ABAS Event Planning and Representation
• Management and representation as an agent of TOA for the duration of
the program.
• Soliciting/managing any experts needed to facilitate a successful
program.
PO Boxy 1430, Vaill,,, CO 81658 970.477.0111 www.untraditional.com
Rail �,... ; �r6 7 j. 4 •,.w
Lntraditional marketing
C. Client Responsibilities. During the Term of this Agreement, TOA will
be responsible for the project elements described below.
Public Relations ("PR")
• TOA will facilitate the PR for the ABAS and work strategically with UM to
align with the marketing plan.
Liaison
• TOA will involve UM as part of the larger TOA team and keep them aware
of all efforts being used for the ABAS and promoting the Avon whitewater
park.
Insurance
• TOA will provide a General Liability policy to cover the ABAS program as
determined necessary by the TOA Town attorney.
• The General Liability policy will name UM as an additional insured on the
policy.
• UM will provide proof of a General Liability policy in an amount
determined necessary by the TOA Town attorney.
D. Compensation. TOA will pay UM management fees for this project
totaling $6,000. This fee will be paid to UM on or before May 1St, 2008.
❖ UM will pay for all materials, advertising and awards needed for the ABAS.
UM will keep a record of all expenses and present them to the TOA
following the conclusion of the program. All expenses will be reimbursed
to UM upon approval from TOA.
❖ TOA is responsible for all fees and expenses associated with all aspects of
the ABAS. If for any reason ABAS discontinues, TOA will be responsible
for all costs committed at the time of written notification. Additionally, UM
entire fee is non-refundable.
❖ UM agrees to work within the available ABAS budget as detailed in Exhibit
A for all aspects of this project.
E. Event Cancellation. In the event of a drought year or any other
circumstance requiring an anticipated cancellation of the event outside the ability of
the TOA or UM to control, Staff members from TOA and UM will meet no later then
May 1st to determine whether or not to cancel the event. If the event is canceled
on or before this date, UM management fee will be $3,000. Any management fee
paid to UM prior to this cancellation equaling more then $3,000 will be returned to
TOA no later then May 30th, 2008.
PO Box 1430, Vail, CO 81658
970.477.0111
www.untraditional.com
tntraditional marketing
F. Indemnification and Insurance.
1. Indemnification of UM. TOA to the extent permitted by law will
indemnify and hold harmless UM, its shareholders, directors, officers and
employees (collectively, "UM Parties"), from and against any loss, cost, damage,
liability or expense incurred by any UM Parties ("UM Losses"), including reasonable
attorney fees and costs, arising out of the gross negligence or willful misconduct of
any of the TOA Parties; provided that indemnification shall not be provided under
this Section F. to the extent that UM Losses are attributable to the negligence or
willful misconduct of any UM Parties.
2. Indemnification of TOA. UM will indemnify and hold harmless
TOA, its directors, members, managers, officers, and employees ("TOA Parties")
from and against any loss, cost, damage, liability or expense incurred by any TOA
Parties ("TOA Losses"), including reasonable attorney fees and costs, arising out of
the gross negligence or willful misconduct of any of the UM Parties; provided that
indemnification shall not be provided under this Section F to the extent that UM
Losses are attributable to the negligence or willful misconduct of TOA Parties.
G. Termination. Either Party may terminate the Term of Engagement at
any time prior to its scheduled expiration immediately upon written notice to the
other Party for (i) any Material Breach or (ii) Insolvency. For purposes of this
Agreement, "Material Breach" means, with respect to either party, any willful
misconduct or any willful breach of or failure to or refusal to perform such parties
obligations hereunder that continues uncured for a period of ten (10) days following
written notice thereof to the breaching party and the term "Insolvency" means,
with respect to either party, (1) making a general assignment for the benefit of its
creditors, (2) applying for or consenting to the appointment of a receiver, trustee,
assignee, custodian, sequestrator, liquidator or similar official for itself or any of its
assets and properties, (3) commencing a voluntary case for relief as a debtor under
the United States Bankruptcy Code or any foreign laws for protection or relief of
debtors, (4) filing with or otherwise submitting to any governmental authority any
petition, answer or other document seeking (A) reorganization, (B) an arrangement
with creditors or (C) to take advantage of any other present or future applicable law
respecting bankruptcy, reorganization, insolvency, readjustment of debts, relief of
debtors, dissolution or liquidation, or (5) being adjudicated a bankrupt or insolvent
by a court of competent jurisdiction.
H. Nature of Relationship. The parties acknowledge and agree that
UM will be performing services under this Agreement as an independent contractor
to TOA and nothing in this Agreement or in the relationship of TOA and UM shall be
deemed to constitute a partnership, joint venture or any other relationship other
than that of contract Parties hereunder.
PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com
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intraditional marketing
I. Miscellaneous. This Agreement shall be governed by and construed
in accordance with the laws of the State of Colorado, without regard to its conflict
of laws principles, and any disputes shall be subject to binding arbitration in Eagle
County, Colorado. The losing Party shall pay all attorneys fees and costs of the
winning Party. This Agreement contains the entire agreement of the parties with
respect to its subject matter and supersedes any prior understandings, agreements
or representations by or among them with respect to its subject matter. This
Agreement may be amended only by a written instrument signed by both parties.
This Agreement shall be binding on and inure to the benefit of the Parties hereto
and their respective successors and assigns. The descriptive headings of this
Agreement are included for convenience and ease of reference do not constitute a
part of this Agreement. This Agreement may be executed in any number of
counterparts, each of which shall for all purposes constitute one (1) agreement
which is binding on all parties hereto. Neither Party may assign this Agreement
without the express written consent of the other Party.
We, as authorized representatives of UM and TOA, agree to uphold the terms and
conditions of this agreement to the best of our abilities.
Untraditional Marketing, Inc Town of Avon
Signature: Signature:
Name Printed: Name Printed:
Date: Date:
PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com
www.untraditional.com
intraditional marketing
Exhibit A
Avon's Big Air Shootout
Untraditional Marketing will formulate and facilitate a kayak video competition in
2008 for the Town of Avon. "Avon's Big Air Shootout" is an on-line competition built
to get people excited about the park while allowing them to compete for cash.
Kayakers will go the park during the competition and take video of the tricks they
are performing. They will then upload the video on a web page hosted by the Vail
Daily. Videos will be accessible by anyone who has a computer. At the end of the
competition, the winning videos will be chosen by a jury and awarded cash prizes.
When: May 15th - July 15th
Prize: $2,500 for men and women's the biggest trick performed
Marketing:
o Posters and flyers will be distributed in Eagle, Summit and Garfield County
o Competition information will be posted on kayaking forum web pages.
o The Vail Daily will be the presenting sponsor of the event and run a
marketing campaign*.
Untraditional Marketing responsibilities:
o Produce rules and regulations for the competition.
o Work with the Vail Daily* to ensure information on line is updated.
o Design, produce and distribute posters and flyers.
o Post and maintain forum postings.
o Assemble jury for judging and announce winners.
o Contact local radio stations for marketing opportunities.
BUDGET & FEES
o Advertising:
• Vail Daily
• Radio
• Printing
• Design
o Awards:
• Cash
o Project Management:
• Untraditional Marketing
Total fee:
* Pending Vail Daily agreement
$0* One time fee
$500 DJ mentions
$150 Posters & flyers
$200 Design posters & flyers
$5,000 $2,500 for men & women
$6,000
$11,850
PO Box 1430, Vail, CO 81658 970.477.0111
L
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Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Becky Lawlor, Community Relations Officer
Date: February 21, 2008
Re: Community Survey Contract
Summary: This memorandum is to present the Venturoni Surveys & Research Contract for a
Community Survey for the Town of Avon. The contract is included as Exhibit A.
Background: In 2007, Council and staff discussed the usefulness of a Community Survey to gauge
residents and voters interest in a variety of topics as well as a method to assess current town
services and what services residents and voters would like in the future.
Discussion: The survey method selected will be a web -based survey that will target both registered
Avon voters and second homeowners in Avon. A post card will be mailed to selected participants
with a web address and IDN number to go online and fill out the survey. If the first mailing does not
meet projected numbers, a second mailing will be sent to all those who have not yet responded. It
will include the web address with -an IDN number as well as a paper version and return envelope.
Looking at statistics from other municipalities in Summit, Eagle and Pitkin County that have used this
method of surveying there has been a good response to the web -based survey with a follow-up of a
mail -in survey.
I also looked into survey methods for the Spanish-speaking population, but was told by several
consultants and other municipalities that there is not a good response to surveys even if the survey
is translated and mailed out and is typically not worth the cost. So at this time, we will not be
surveying in Spanish. I will, however, continue to look into the possibility of setting up some kind of
community meeting with bilingual town employees or other volunteers to get at least some input from
Avon's Spanish-speaking population. The input received would not be included in the statistics
derived from the survey, but would still prove useful to the town and would illustrate Avon's desire to
include this portion of our population into the decision -making process.
Once the survey has been collected, the data will be analyzed and compiled into a report. Linda
Venturoni will present the findings to Town Council and a press release will be sent out to the
general public. The Community Survey and its final report will be made available on the web to all
interested parties.
Venturoni Surveys & Research will also be conducting the survey on Avon's Park Master Plan. Not
only was Venturoni's Community Survey proposal competitive with other proposals received, but I
believe that it will be to the advantage of the town to have one consultant administer both surveys.
Venturoni will be able to perform quality control on both surveys to reduce overlap in those surveyed
since both of these surveys will be on a similar timeline. It is expected that results of the survey will
be made available to Council by the end of July or early August.
Financial Implications: The Community Survey contract includes services to design, implement,
analyze and report on a Community Survey for the residents and voters in the Town of Avon. It is
estimated that the Community Survey will not exceed $10,500. This amount has already been
budgeted for in the Community Relations budget for 2008.
Recommendation: Approve Venturoni Surveys & Research Contract for a Community Survey not
to exceed $10,500.
Proposed Motion: I move to approve the Venturoni Surveys & Research Contract for a Community
Survey for a not to exceed amount of $10,500.
Attachments: Exhibit A: Venturoni Surveys & Research Contract
Town Manager Comments:
• Page 2
Exhibit A:
Venturoni Surveys & Research
SURVEY SERVICES CONTRACT
This agreement is made effective as of February 11, 2008 by and between Town of Avon and Venturoni
Surveys & Research (VSR)
The parties agree as follows:
1. AGREEMENT PERIOD. The term of this agreement shall commence February 11, 2008 and
terminate by 12/31/08.
2. DESCRIPTION OF SERVICES. VSR shall conduct a Community Survey for the Town of Avon. The
methodology, scope and deliverables of the Community Survey are described in more detail on
Exhibit A, which is attached to this Agreement.
3. COST, COMPENSATION AND PAYMENT PROCEDURE. VSR's compensation for this project shall
not exceed $10,500. A more detailed description of cost for the survey is provided on Exhibit A. The
Town of Avon shall pay VSR half upon signing of the contract and half upon delivery of the final
report, within 30 days of receipt of the invoice.
4. ASSIGNMENT. VSR's obligations under this agreement may not be assigned or transferred to any
other person, firm, or corporation without prior written consent of the Town of Avon.
5. TERMINATION. This agreement shall be effective from February 11, 2008 through 12/31/08, unless
either party provides 60 days written notice to the other party prior to the termination of the
applicable term. The Town of Avon reserves the right to terminate the contract, upon 30 days written
notice to contractor, for failure to perform services acceptable to the Town of Avon.
6. RELATIONSHIP OF PARTIES. The parties understand that VSR is an independent contractor with
respect to the Town of Avon, and persons assigned by VSR to work on this project are not employees
of the Town of Avon.
7. NOTICES. All notices required or permitted under this agreement shall be in writing and shall be
deemed delivered in person or deposited in the U.S. mail, addressed as follows:
If to the Town of Avon:
If to VSR:
Town of Avon
PO Box 975
400 Benchmark Road
Avon, CO 81620
Venturoni Surveys & Research
422 Idlewild Drive
Avon, CO 80435
8. ENTIRE AGREEMENT. This agreement contains the entire agreement between the parties and
there are no other promises or conditions in any other agreement whether written or oral. This
agreement supercedes any prior written or oral agreements between the parties.
9. AMENDMENT. The agreement maybe modified or amended by the mutual agreement of the parties
if the amendment is made in writing and is signed by both parties.
Venturoni Surveys & Research Contract
Town of Avon Community Survey — Page 1
Exhibit A:
10. SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that
any provision of this agreement is invalid or unenforceable, but that by limiting such provision it
would become valid and enforceable, then such provision shall be deemed to be written, construed,
and enforced as so limited.
11. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this
agreement shall not be construed as a waiver or limitation of that party's right to subsequently
enforce and compel strict compliance with every provision of this agreement.
12. RETURN OF RECORDS. Upon termination of this agreement, VSR shall return any records, notes,
data, memorandum, models, or other materials that were provided to VSR by the Town of Avon that
the Town of Avon may request VSR to return.
13. APPLICABLE LAW. This agreement shall be governed by the laws of the State of Colorado.
IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year first
written above.
Town of Avon VSR — Linda Venturoni
Date Date
Venturoni Surveys & Research Contract
Town of Avon Community Survey — Page 2
Exhibit A:
VENTU Oi 1
Surveys & Research, Inc.
Exhibit A
Avon Community Survey
Internet/Mail Surveys
Scope of Services:
1. Venturoni Surveys & Research, Inc (VSR) will provide a community survey for the Town of Avon which
provides feedback from Town of Avon registered voters and 2m1 homeowners. The community survey will
focus on questions related to Town of Avon services, town policies and direction, most important issues,
future vision, etc. The community survey will be coordinated with the survey which is currently in the
planning process for the Nottingham Park Master Plan.
2. The Town of Avon will provide sample frame lists to VSR.
a. Town Sample Frames:
i. Voter Registration List
ii. Homeowner List (Assessor's database)
3. VSR will select the samples from the sample frames
4. VSR will work with Town of Avon staff to design the survey instrument •
5. Client and VSR will finalize cover letter. Client will provide logo and appropriate signatures.
6. VSR will send 1St survey letter
a. Cover letter with web page address and IDN
7. Client will help increase the response rate by building awareness of the survey:
a. Articles in local newspaper
b. Radio interviews
c. Phone calls
d. Note: Do NOT print web page address in any PR items
8. 2nd Mailing (If response rates from 1St mailing do not meet projected numbers)
a. Cover letter with web page address and IDN
b. Paper version of survey
c. Return envelope
9. VSR will provide Survey data entry
10. VSR will perform Survey analysis
11. Survey report
a. Survey book with all results — Master Copy — 1 Large Notebook
b. Summary books for each council member (8 Small Notebooks) (Additional small notebooks can
be purchased for $50.00 each.)
12. VSR will present survey findings
a. VSR PowerPoint presentation with full survey fmdings
i. One presentation included in survey package price
b. Additional presentations charged at VSR hourly rates, as appropriate.
13. Payments:
a. 50% payment upon signing of contract
b. Remaining 50% upon completion of final report. Payments due within 30 days of receipt of the
invoice. Any invoice that remains unpaid after thirty (30) days shall accrue interest at the rate of
1.5% per month.
Approximate time frame for internet/mail survey:
Venturoni Surveys & Research Contract
Town of Avon Community Survey — Page 3
Exhibit A:
Task:
Time:
Instrument Design
Survey/Sample Preparation
Data Collection
Preparation for Analysis
Analysis Report
2-4 weeks
2-3 weeks
4-6 weeks (2 waves)
4-6 weeks
3-4 weeks
Approximate Costs for mail survey:
Task:
Survey Personnel Costs:
Costs:
Survey management
$750
Sample preparation
$450
Instrument design and layout
$1,500
Data cleaning/coding
$400
Data analysis and reporting
$3,500
Printing & Mailing Costs:
Survey printing and folding, Sample and mail
preparation, Mail merges, Postage, and Data
entry
$3,900
Total Cost for Survey
$10,500
Venturoni Surveys & Research Contract
Town of Avon Community Survey — Page 4
MEMORANDUM
To:
Thru:
From:
Date:
Re:
Honorable Mayor and Town Council
Larry Brooks, Town Manager
Meryl Jacobs — Director of Recreation and Cultural Services
Danita Chirichillo — Special Events Supervisor
February 7, 2008
The Westin Riverfront Resort & Spa Title Sponsor Agreement
(A -in
Summary:
Attached for signature is the agreement with The Westin Riverfront Resort & Spa to be the
title sponsor for the 2008 Salute to the USA.
The elements of the title sponsorship package have not changed. The price is still $30,000.
Financial Implications:
The revenue generated through this sponsorship has been approved as part of the 2008 budget.
Town Manager Comments:
LETTER OF AGREEMENT
Between
Town of Avon
P.O. Box 975
Avon, Colorado 81620
970 748 4032
Title Sponsor
The Westin Riverfront Resort & Spa
East West Partners
P.O. Drawer 2270
Avon, CO 81620
This Agreement is entered into by and between Town of Avon (the "TOA"), an incorporated
Town of the State of Colorado and The Westin Riverfront Resort & Spa ("Sponsor").
WITNESSETH:
Whereas, the TOA has the exclusive right to organize and conduct the "Salute to the U.S.A."
("the Event") within Nottingham Park and has scheduled activities as part of its summer
programs on July 3, 2008 and
Whereas, Sponsor is interested in providing financial support for the Event in exchange for certain
promotional rights to be provided by the TOA for Sponsor's interests;
NOW, THEREFORE, in consideration of the mutual promises herein contained, the adequacy and
sufficiency of which is herby acknowledged, the parties hereby agree as follows:
1. Term
This term of this Agreement begins on the date the Agreement is signed by both parties and shall
continue in full force and effect through July 3, 2008, except the provisions of Paragraph 13
hereof, which provisions shall be effective as provided in that paragraph.
2. Nature of Services
The services are described in this Agreement and the related Attachments. The TOA hereby
grants Sponsor the exclusive rights to the Sponsorship acknowledgments and benefits as outlined
herein and in Attachment A. Sponsor shall have exclusive rights for this category level and
additional financial institutions will only be accepted up to the $2000 sponsorship levels. Banners
from additional financial institutions will be limited to two per company and will not be hung at
the entrance/exit area of the event and will not be hung on the stage.
3. Compensation and Commitments
Sponsor agrees to pay the TOA by the date specified in Attachment B and the amount outlined
in Attachment B in exchange for the Sponsorship and benefits promised herein and in related
Attachments. Should the Sponsorship Fee not be paid in full by the date specified in
Attachment B, the TOA has the right to ban all Sponsor's activities and signage from setting up
on Event grounds. Sponsor agrees to fulfill its pre -event and on -site obligations and
commitments as outlined herein and in related Attachments.
4. Reference to Sponsorship in Advertising
Subject to the TOA's rights of approval as described in this Agreement, during the term of this
Agreement, Sponsor may identify itself as a Sponsor of Event and may use the name of the
event or location in its advertising.
5. Use of Trademarks
Sponsor grants the TOA the right and non-exclusive license, worldwide and royalty free, during
the term of this Agreement, to use the Sponsor's trademarks to advertise, publicly represent and
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 1
Sponsor
otherwise promote the fact that it is a Sponsor of the Event. This license specifically authorizes
the TOA to refer to "American National Bank" as a Sponsor of the Event.
The TOA grants Sponsor the right and non-exclusive license, worldwide and royalty free, during
the term of this Agreement, to use the TOA 's trademarks to advertise, publicly represent and
otherwise promote the fact that it is a Sponsor of The Event. This license specifically authorizes
Sponsor and/or "American National Bank" to refer to itself as a Sponsor of the Event.
Before either party may use the trademark licenses referred to in this Agreement, it shall first
submit the concept or a sample of the proposed use to the other party, for approval, which
approval shall not be unreasonably withheld.
Sample of the TOA's trademark:
HEART ut the VALLEY
COLORADO
Sample of the Sponsor's trademark:
6. Signage and Banners
All Sponsor signage at the Event must represent Sponsor, and be approved by the TOA in
advance of the Event, which approval will not be unreasonably withheld. The TOA assumes no
responsibility in case of loss or damage to signage submitted for use during the Event. No third
party or handwritten signage is allowed and all signage must be of professional quality. Signage
of designated media Sponsors is allowed, subject to approval by the TOA and Sponsor. Sponsor
must make best efforts to ensure that handbills/flyers/posters etc. created for the Event are
distributed legally and with proper approval.
7. Fulfillment/ Force Majeure Events
In the event that any scheduled performance or activity is subject to cancellation by illness,
accidents, failure of means of transportation, lack of event funding, act of God, riots, strikes,
labor difficulties, act or order of any public authority, or any cause similar, to the foregoing which
is beyond control of the parties, both shall be relieved of their respective obligations for the
performance or activity so prevented, and Sponsor shall be entitled to an immediate refund of
the Sponsorship fee. In the event that the event is postponed for one day due to rain, the
Sponsorship fee will not be refunded.
8. Discretionary Matters
It is agreed that the TOA enters into this agreement as the producer of the Event, and it has sole
and exclusive control over the production and presentation of scheduled Event performances
or activities, including but not limited to, details, means and methods of performances and
activities presented, and persons employed by the TOA. Sponsor has no right to control or direct
the result of or the details, methods, manner or means by which the TOA manages or operates
its business or performs the services related to transportation, facilities, equipment and supplies
needed to fulfill this Agreement. The TOA reserves the right to terminate this agreement with
Sponsor when Sponsor's actions are determined to be materially detrimental to the good image
Please acknowledge that each page is satisfactory by initialing:
TOA Sponsor
Page 2
of the Event. Any decision affecting any matter not expressly provided herein or attached
hereto shall rest solely with the TOA.
9. Notices
All notices, payments and statements provided for herein shall be in writing and shall be
deemed given if sent by Registered or Certified Mail, postage prepaid, by express delivery
service (receipt requested), or by verifiable facsimile transmission, addressed to the parties at
their respective address set forth below, or at such other addresses as either party may from time
to time specify to the other in writing:
The TOA: Town of Avon
Sponsor:
10. Venue
Town Clerk
P.O. Box 975
Avon, Colorado 81620
970 748 4032
The Westin Riverfront Resort & Spa
East West Partners
P.O. Drawer 2270
Avon, CO 81620
Venue for any legal proceeding arising from this agreement shall be proper in any court of
competent jurisdiction located in the County of Eagle, State of Colorado.
11. Law
This Agreement shall be construed, governed and interpreted pursuant to the laws of the State
of Colorado applicable to agreements only to be performed therein.
12. Future Years
As a sponsor for the current year 2008, Sponsor is entitled to "first right of refusal" of Title Sponsor
category (Attachment A) for the following year (2009) at the cost set for that category for that
year. Such first right of refusal shall be exercised only in writing and only on or before December
29, 2008.
In WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first
written above.
Town of Avon
Ron Wolfe
Mayor
Date
Sponsor Signature Date
Title
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 3
Sponsor
ATTACHMENT A
SPONSOR ACKNOWLEDGEMENTS & BENEFITS
Definition of Sponsorship:
Sponsor shall be the Title Sponsor of Salute to the U.S.A. to be held in Avon, Colorado.
The TOA will provide Sponsor with the following event -related acknowledgements and benefits:
1. Sponsor Will be Recognized as the Title Sponsor:
• The name of the event will appear as follows in all promotions, (including print materials,
advertising, radio ads, web submissions and signage):
"Title Sponsor's" Salute to the USA in Avon, CO.
• Event name will be included in event press release.
• Event name will be featured on TOA website.
• Event name will be marketed and included in Beaver Creek summer marketing
campaign (including front range outreach).
2. Sponsor Logo Prominent Placement In/On:
• All print and web related marketing developed in support of the Event.
• Bridge Banner to hang on Railroad Bridge in Avon for one month prior to Salute.
• Posters to be distributed prior to event in local and regional businesses.
• Event VIP and parking passes.
• Sponsor may produce sponsor signage to be hung on lightpole banners at Avon
roundabouts from June 3 - July 4, 2008. Town of Avon may produce Independence Day
themed banners to alternate with sponsor light pole banners.
3. Sponsor On -Site Exposure:
• Sponsor will be thanked during stage announcements made prior to artists performing on
the stage, during set breaks, and prior to fireworks show.
• Placement of 20 Sponsor banners throughout event site. Sponsor and TOA will mutually
agree upon a venue signage plan, including prominent entrance and stage sponsor
signage placement. Signage costs are not included in the Sponsorship fee.
4. Sponsor Promotions:
• Sponsor has the opportunity to develop, produce, and implement promotions related to
the Event with prior approval by The TOA. The TOA must have the opportunity to review
and authorize any promotions or advertisement utilizing the Event name, likeness, or logo
during the conceptual stage, and then again prior to final production. Such authorization
shall not be unreasonably withheld.
• Sponsor has the opportunity to develop Product placement/display on site in
Nottingham Park during the event and possibly in Avon Rec Center lobby prior to event.
The TOA. The TOA must have the opportunity to review and authorize any promotions
during the conceptual stage, and then again prior to final production. Such
authorization shall not be unreasonably withheld.
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 4
Sponsor
5. VIP Passes/Additional Benefits:
• The TOA will provide twenty (20) VIP passes to the Sponsor, and 10 parking passes.
• Sponsor will receive either two (2) annual passes or five (5) 25 -punch admission cards to
the Avon Rec Center.
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 5
Sponsor
ATTACHMENT B
• SPONSORSHIP FEES & ADVERTISING COMMITMENTS
• The Westin Riverfront Resort & Spa (Sponsor) agrees to pay the TOA 30,000 dollars ($) by
May 10, 2008.
• Sponsorship fee entitles the Sponsor to the terms listed in the above agreement.
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 6
Sponsor
MEMORANDUM
f
To:
Thru:
From:
Date:
Re:
Honorable Mayor and Town Council
Larry Brooks, Town Manager
Meryl Jacobs — Director of Recreation and Cultural Services
Danita Chirichillo — Special Events Supervisor
February 7, 2008
Beaver Creek Resort Company Corporate Sponsor Agreement
fro]
Summary:
Attached for signature is the agreement with Beaver Creek Resort Company to be a corporate
sponsor for the 2008 Salute to the USA.
The elements of the sponsorship package have not changed. The price is still $10,000.
Financial Implications:
The revenue generated through this sponsorship has been approved as part of the 2008 budget.
Town Manager Comments:
LETTER OF AGREEMENT
Between
Town of Avon
P.O. Box 975
Avon, Colorado 81620
970 748 4032
Corporate Sponsor
Beaver Creek Resort Company
P.O. Box 5390
Avon, CO 81620
This Agreement is entered into by and between Town of Avon (the "TOA"), an incorporated
Town of the State of Colorado and Beaver Creek Resort Company ("Sponsor").
WITNESSETH:
Whereas, the TOA has the exclusive right to organize and conduct the "Salute to the U.S.A."
("the Event") within Nottingham Park and has scheduled activities as part of its summer
programs on July 3, 2008 and
Whereas, Sponsor is interested in providing financial support for the Event in exchange for certain
promotional rights to be provided by the TOA for Sponsor's interests;
NOW, THEREFORE, in consideration of the mutual promises herein contained, the adequacy and
sufficiency of which is herby acknowledged, the parties hereby agree as follows:
1. Term
This term of this Agreement begins on the date the Agreement is signed by both parties and shall
continue in full force and effect through July 3, 2008, except the provisions of Paragraph 13
hereof, which provisions shall be effective as provided in that paragraph.
2. Nature of Services
The services are described in this Agreement and the related Attachments. The TOA hereby
grants Sponsor the non-exclusive rights to the Sponsorship acknowledgments and benefits as
outlined herein and in Attachment A. Sponsor shall have non-exclusive rights for this category
level
3. Compensation and Commitments
Sponsor agrees to pay the TOA by the date specified in Attachment B and the amount outlined
in Attachment B in exchange for the Sponsorship and benefits promised herein and in related
Attachments. Should the Sponsorship Fee not be paid in full by the date specified in Attachment
B, the TOA has the right to ban all Sponsor's activities and signage from setting up on Event
grounds. Sponsor agrees to fulfill its pre -event and on -site obligations and commitments as
outlined herein and in related Attachments.
4. Reference to Sponsorship in Advertising
Subject to the TOA's rights of approval as described in this Agreement, during the term of this
Agreement, Sponsor may identify itself as a Sponsor of Event and may use the name of the
event or location in its advertising.
5. Use of Trademarks
Sponsor grants the TOA the right and non-exclusive license, worldwide and royalty free, during
the term of this Agreement, to use the Sponsor's trademarks to advertise, publicly represent and
otherwise promote the fact that it is a Sponsor of the Event. This license specifically authorizes
the TOA to refer to "Sponsor" as a Sponsor of the Event.
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 1
Sponsor
The TOA grants Sponsor the right and non-exclusive license, worldwide and royalty free, during
the term of this Agreement, to use the TOA's trademarks to advertise, publicly represent and
otherwise promote the fact that it is a Sponsor of The Event. This license specifically authorizes
Sponsor and/or "Sponsor" to refer to itself as a Sponsor of the Event.
Before either party may use the trademark licenses referred to in this Agreement, it shall first
submit the concept or a sample of the proposed use to the other party, for approval, which
approval shall not be unreasonably withheld.
Sample of the TOA's trademark:
HEART of the VALLEY
AvoN
COLORADO
6. Signage and Banners
All Sponsor signage at the Event must represent Sponsor, and be approved by the TOA in
advance of the Event, which approval will not be unreasonably withheld. The TOA assumes no
responsibility in case of loss or damage to signage submitted for use during the Event. No third
party or handwritten signage is allowed and all signage must be of professional quality. Signage
of designated media Sponsors is allowed, subject to approval by the TOA and Sponsor. Sponsor
must make best efforts to ensure that handbills/flyers/posters etc. created for the Event are
distributed legally and with proper approval.
7. Fulfillment/ Force Majeure Events
In the event that any scheduled performance or activity is subject to cancellation by illness,
accidents, failure of means of transportation, lack of event funding, act of God, riots, strikes,
labor difficulties, act or order of any public authority, or any cause similar, to the foregoing which
is beyond control of the parties, both shall be relieved of their respective obligations for the
performance or activity so prevented, and Sponsor shall be entitled to an immediate refund of
the Sponsorship fee. In the event that the event is postponed for one day due to rain, the
Sponsorship fee will not be refunded.
8. Discretionary Matters
It is agreed that the TOA enters into this agreement as the producer of the Event, and it has sole
and exclusive control over the production and presentation of scheduled Event performances
or activities, including but not limited to, details, means and methods of performances and
activities presented, and persons employed by the TOA. Sponsor has no right to control or direct
the result of or the details, methods, manner or means by which the TOA manages or operates
its business or performs the services related to transportation, facilities, equipment and supplies
needed to fulfill this Agreement. The TOA reserves the right to terminate this agreement with
Sponsor when Sponsor's actions are determined to be materially detrimental to the good image
of the Event. Any decision affecting any matter not expressly provided herein or attached
hereto shall rest solely with the TOA.
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 2
Sponsor
9. Notices
All notices, payments and statements provided for herein shall be in writing and shall be
deemed given if sent by Registered or Certified Mail, postage prepaid, by express delivery
service (receipt requested), or by verifiable facsimile transmission, addressed to the parties at
their respective address set forth below, or at such other addresses as either party may from time
to time specify to the other in writing:
The TOA: Town of Avon
Sponsor:
10. Law
Town Clerk
P.O. Box 975
Avon, Colorado 81620
970 748 4032
Beaver Creek Resort Company
ATTN: Tony O'Rourke
P.O. Box 5390
Avon, CO 81620
This Agreement shall be construed, governed and interpreted pursuant to the laws of the State
of Colorado applicable to agreements only to be performed therein.
11. Venue
Venue for any legal proceeding arising from this agreement shall be proper in any court of
competent jurisdiction located in the County of Eagle, State of Colorado.
12. Future Years
As a sponsor for the current year 2008, Sponsor is entitled to "first right of refusal" of Corporate
Sponsor category (Attachment A) for the following year (2009) at the cost set for that category
for that year. Such first right of refusal shall be exercised only in writing and only on or before
December 29, 2008.
In WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first
written above.
Town of Avon
Ron Wolfe
Mayor
Date
Sponsor Signature Date
Title
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 3
Sponsor
ATTACHMENT A
SPONSOR ACKNOWLEDGEMENTS & BENEFITS
Definition of Sponsorship:
Sponsor shall be a Corporate Sponsor of Salute to the U.S.A. to be held in Avon, Colorado.
The TOA will provide Sponsor with the following event -related acknowledgements and benefits:
1. Sponsor Logo/Name Prominent Placement In/On:
• All TOA print and web related marketing developed in support of the Event.
• Bridge Banner to hang on Railroad Bridge in Avon for one month prior to Salute.
• Posters to be distributed prior to event in local and regional businesses.
• Event press release.
• Radio commercials produced for the Event (30 seconds and longer).
2. Sponsor On -Site Exposure:
• Sponsor will be thanked during stage announcements made prior to artists performing on
the stage, during set breaks, and prior to fireworks show.
• Placement of 12 Sponsor banners prominently throughout event site. Sponsor and TOA
will mutually agree upon a venue signage planSignage costs are not included in the
Sponsorship fee.
3. Sponsor Promotions:
• Sponsor has the opportunity to develop, produce, and implement promotions related to
the Event with prior approval by The TOA. The TOA must have the opportunity to review
and authorize any promotions or advertisement utilizing the Event name, likeness, or logo
during the conceptual stage, and then again prior to final production. Such authorization
shall not be unreasonably withheld.
• Sponsor has the opportunity to develop Product placement/display on site in
Nottingham Park during the event. The TOA must have the opportunity to review and
authorize any promotions during the conceptual stage, and then again prior to final
production. Such authorization shall not be unreasonably withheld.
4. VIP Passes/Additional Benefits:
• The TOA will provide ten (10) VIP passes to the Sponsor, and 4 parking passes.
• Sponsor will receive two (2) 25 -punch admission cards to the Avon Rec Center.
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 4
Sponsor
ATTACHMENT B
• SPONSORSHIP FEES & ADVERTISING COMMITMENTS
• Beaver Creek Resort Company (Sponsor) agrees to pay the TOA 10,000 dollars ($) by
May 10, 2008.
• Sponsorship fee entitles the Sponsor to the terms listed in the above agreement.
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 5
Sponsor
MEMORANDUM
To:
Thru:
From:
Date:
Re:
Honorable Mayor and Town Council
Larry Brooks, Town Manager
Meryl Jacobs — Director of Recreation and Cultural Services
Danita Chirichillo — Special Events Supervisor
February 7, 2008
Western Enterprises Sponsorship Agreement
n m1
Summary:
Attached for signature is the agreement with Western Enterprises to be an associate sponsor
for the 2008 Salute to the USA.
The elements of the sponsorship package have not changed. The price is still $6,000.
Financial Implications:
The revenue generated through this sponsorship has been approved as part of the 2008 budget.
Town Manager Comments:
LETTER OF AGREEMENT
Between
Town of Avon
P.O. Box 975
Avon, Colorado 81620
970 748 4032
Associate Sponsor
Western Enterprises
13513 West Carrier Road
Carrier, OK 73727
This Agreement is entered into by and between Town of Avon (the "TOA"), an incorporated
Town of the State of Colorado and Western Enterprises ("Sponsor").
WITNESSETH:
Whereas, the TOA has the exclusive right to organize and conduct the "Salute to the U.S.A."
("the Event") within Nottingham Park and has scheduled activities as part of its summer
programs on July 3, 2008 and
Whereas, Sponsor is interested in providing financial support for the Event in exchange for certain
promotional rights to be provided by the TOA for Sponsor's interests;
NOW, THEREFORE, in consideration of the mutual promises herein contained, the adequacy and
sufficiency of which is herby acknowledged, the parties hereby agree as follows:
1 Term
This term of this Agreement begins on the date the Agreement is signed by both parties and shall
continue in full force and effect through July 3, 2008, except the provisions of Paragraph 13
hereof, which provisions shall be effective as provided in that paragraph.
2. Nature of Services
The services are described in this Agreement and the related Attachments. The TOA hereby
grants Sponsor the non-exclusive rights to the Sponsorship acknowledgments and benefits as
outlined herein and in Attachment A. Sponsor shall have non-exclusive rights for this category
level.
3. Compensation and Commitments
Sponsor agrees to pay the TOA by the date specified in Attachment B and the amount outlined
in Attachment B in exchange for the Sponsorship and benefits promised herein and in related
Attachments. Should the Sponsorship Fee not be paid in full by the date specified in Attachment
B, the TOA has the right to ban all Sponsor's activities and signage from setting up on Event
grounds. Sponsor agrees to fulfill its pre -event and on -site obligations and commitments as
outlined herein and in related Attachments.
4. Reference to Sponsorship in Advertising
Subject to the TOA's rights of approval as described in this Agreement, during the term of this
Agreement, Sponsor may identify itself as a Sponsor of Event and may use the name of the
event or location in its advertising.
5. Use of Trademarks
Sponsor grants the TOA the right and non-exclusive license, worldwide and royalty free, during
the term of this Agreement, to use the Sponsor's trademarks to advertise, publicly represent and
otherwise promote the fact that it is a Sponsor of the Event. This license specifically authorizes
the TOA to refer to "Sponsor" as a Sponsor of the Event.
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 1
Sponsor
The TOA grants Sponsor the right and non-exclusive license, worldwide and royalty free, during
the term of this Agreement, to use the TOA's trademarks to advertise, publicly represent and
otherwise promote the fact that it is a Sponsor of The Event. This license specifically authorizes
Sponsor and/or "Sponsor" to refer to itself as a Sponsor of the Event.
Before either party may use the trademark licenses referred to in this Agreement, it shall first
submit the concept or a sample of the proposed use to the other party, for approval, which
approval shall not be unreasonably withheld.
Sample of the TOA's trademark:
HEART of the VALLEY
Ash, .—.: _r
COLORADO
Sample of the Sponsor's trademark:
6. Signage and Banners
All Sponsor signage at the Event must represent Sponsor, and be approved by the TOA in
advance of the Event, which approval will not be unreasonably withheld. The TOA assumes no
responsibility in case of loss or damage to signage submitted for use during the Event. No third
party or handwritten signage is allowed and all signage must be of professional quality. Signage
of designated media Sponsors is allowed, subject to approval by the TOA and Sponsor. Sponsor
must make best efforts to ensure that handbills/flyers/posters etc. created for the Event are
distributed legally and with proper approval.
7. Fulfillment/ Force Majeure Events
In the event that any scheduled performance or activity is subject to cancellation by illness,
accidents, failure of means of transportation, lack of event funding, act of God, riots, strikes,
labor difficulties, act or order of any public authority, or any cause similar, to the foregoing which
is beyond control of the parties, both shall be relieved of their respective obligations for the
performance or activity so prevented, and Sponsor shall be entitled to an immediate refund of
the Sponsorship fee. In the event that the event is postponed for one day due to rain, the
Sponsorship fee will not be refunded.
8.Discretionary Matters
It is agreed that the TOA enters into this agreement as the producer of the Event, and it has sole
and exclusive control over the production and presentation of scheduled Event performances
or activities, including but not limited to, details, means and methods of performances and
activities presented, and persons employed by the TOA. Sponsor has no right to control or direct
the result of or the details, methods, manner or means by which the TOA manages or operates
its business or performs the services related to transportation, facilities, equipment and supplies
needed to fulfill this Agreement. The TOA reserves the right to terminate this agreement with
Sponsor when Sponsor's actions are determined to be materially detrimental to the good image
of the Event. Any decision affecting any matter not expressly provided herein or attached
hereto shall rest solely with the TOA.
Please acknowledge that each page is satisfactory by initialing:
TOA Sponsor
Page 2
9. Notices
All notices, payments and statements provided for herein shall be in writing and shall be
deemed given if sent by Registered or Certified Mail, postage prepaid, by express delivery
service (receipt requested), or by verifiable facsimile transmission, addressed to the parties at
their respective address set forth below, or at such other addresses as either party may from time
to time specify to the other in writing:
The TOA: Town of Avon
Town Clerk
P.O. Box 975
Avon, Colorado 81620
970 748 4032
Sponsor:
Western Enterprises
13513 West Carrier Road
Carrier, OK 73727
10. Law
This Agreement shall be construed, governed and interpreted pursuant to the laws of the State
of Colorado applicable to agreements only to be performed therein.
11. Venue
Venue for any legal proceeding arising from this agreement shall be proper in any court of
competent jurisdiction located in the County of Eagle, State of Colorado.
In WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first
written above.
Town of Avon
Ron Wolfe
Mayor
Date
Sponsor Signature Date
Title
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 3
Sponsor
ATTACHMENT A
SPONSOR ACKNOWLEDGEMENTS $ BENEFITS
Definition of Sponsorship:
Sponsor shall be an Associate Sponsor of Salute to the U.S.A. to be held in Avon, Colorado.
The TOA will provide Sponsor with the following event -related acknowledgements and benefits:
1. Sponsor Name/Logo Placement In/On:
• All TOA print and web related marketing and advertising developed in support of the
Event.
• Radio advertising.
• Event press release.
• Posters to be distributed prior to event in local and regional businesses.
2. Sponsor On -Site Exposure:
• Sponsor will be thanked during stage announcements made prior to artists performing on
the stage, during set breaks, and prior to fireworks show.
• Placement of 4 Sponsor banners prominently throughout event site. Signage costs are not
included in the Sponsorship fee.
3. Sponsor Promotions:
• Sponsor has the opportunity to develop, produce, and implement promotions related to
the Event with prior approval by The TOA. The TOA must have the opportunity to review
and authorize any promotions or advertisement utilizing the Event name, likeness, or logo
during the conceptual stage, and then again prior to final production. Such authorization
shall not be unreasonably withheld.
• Sponsor has the opportunity to develop Product placement/display on site in
Nottingham Park during the event. The TOA must have the opportunity to review and
authorize any promotions during the conceptual stage, and then again prior to final
production. Such authorization shall not be unreasonably withheld.
4. VIP Passes/Additional Benefits:
• The TOA will provide eight (8) VIP passes to the Sponsor, and 2 parking passes.
• Sponsor will receive one (1) 25 -punch admission card to the Avon Rec Center.
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 4
Sponsor
ATTACHMENT B
SPONSORSHIP FEES & ADVERTISING COMMITMENTS
• Western Enterprises, Inc. (Sponsor) agrees to pay the TOA 6,000 dollars ($) by May 10,
2008.
• Sponsorship fee entitles the Sponsor to the terms listed in the above agreement.
Please acknowledge that each page is satisfactory by initialing:
TOA
Page 5
Sponsor
TOWN OF AVON, COLORADO
WORK SESSION MEETING FOR TUESDAY, FEBRUARY 26, 2008
MEETING BEGINS AT 3:30 PM
AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD
PRESIDING OFFICIALS
MAYOR RON WOLFE
MAYOR PRO TEM BRIAN SIPES
COUNCILORS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, TAMRA NOTTINGHAM UNDERWOOD
TOWN ATTORNEY: JOHN DUNN
TOWN STAFF
TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL WORK SESSION MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME; PLEASE TELL THE MAYOR YOU WOULD LIKE TO SPEAK UNDER No. 2 BELOW
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 MEETING MATERIALS
AGENDAS ARE POSTED AT AVON MUNICIPAL BUILDING AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
THE AVON TOWN COUNCIL MEETS ON THE SECOND AND FOURTH TUESDAYS OF EVERY MONTH
3:30 PM - 4:30 PM 1. EXECUTIVE SESSION pursuant to 1) CRS 24-6-402 (4)(b) conference with
Town Attorney for the purpose of receiving legal advice on specific legal
questions regarding pending issues related to the municipal services invoice
with Traer Creek Metropolitan District and the school site negotiations
between Traer Creek and Eagle County School District and 2) pursuant to
CRS 24-6-402 (f) regarding a personnel matter
2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
4:30 PM — 4:45 PM 3. COUNCIL COMMITTEE AND STAFF UPDATES
a. Community Survey Contract (Eric Heidemann, Assistant Town Manager
Community Development) This presents the Venturoni Surveys & Research
Contact for a Community Survey for the Town of Avon
b. Whitewater Park Marketing Campaign (Meryl Jacobs, Recreation Director)
Recreation staff has developed a marketing/promotional campaign to grow
awareness of the Whitewater Park
4:45 PM — 5:15 PM 4. WILDAVON, INC. PROJECT (Matt Gannett, Planning Manager, Timothy Broeren,
Principal, Ironwood Properties, Inc) Discuss a conceptual proposal to increase the
residential density on Lot 9, Block 5, Wildridge Subdivision, from the currently entitled
eight (8) units to a new maximum density of thirteen units (13). The incremental
increase of five (5) units would be in some form of deed restricted, attainable housing
product
5:15 PM 5. ADJOURNMENT
Avon Council Meeting.08.02.26
Page 1 of 3
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Becky Lawlor, Community Relations Officer
Date: February 21, 2008
Re: Community Survey Contract
Summary: This memorandum is to present the Venturoni Surveys & Research Contract for a
Community Survey for the Town of Avon. The contract is included as Exhibit A.
Background: In 2007, Council and staff discussed the usefulness of a Community Survey to gauge
residents and voters interest in a variety of topics as well as a method to assess current town
services and what services residents and voters would like in the future.
Discussion: The survey method selected will be a web -based survey that will target both registered
Avon voters and second homeowners in Avon. A post card will be mailed to selected participants
with a web address and IDN number to go online and fill out the survey. If the first mailing does not
meet projected numbers, a second mailing will be sent to all those who have not yet responded. It
will include the web address with -an IDN number as well as a paper version and return envelope.
Looking at statistics from other municipalities in Summit, Eagle and Pitkin County that have used this
method of surveying there has been a good response to the web -based survey with a follow-up of a
mail -in survey.
I also looked into survey methods for the Spanish-speaking population, but was told by several
consultants and other municipalities that there is not a good response to surveys even if the survey
is translated and mailed out and is typically not worth the cost. So at this time, we will not be
surveying in Spanish. I will, however, continue to look into the possibility of setting up some kind of
community meeting with bilingual town employees or other volunteers to get at least some input from
Avon's Spanish-speaking population. The input received would not be included in the statistics
derived from the survey, but would still prove useful to the town and would illustrate Avon's desire to
include this portion of our population into the decision -making process.
Once the survey has been collected, the data will be analyzed and compiled into a report. Linda
Venturoni will present the findings to Town Council and a press release will be sent out to the
general public. The Community Survey and its final report will be made available on the web to all
interested parties.
Venturoni Surveys & Research will also be conducting the survey on Avon's Park Master Plan. Not
only was Venturoni's Community Survey proposal competitive with other proposals received, but I
believe that it will be to the advantage of the town to have one consultant administer both surveys.
Venturoni will be able to perform quality control on both surveys to reduce overlap in those surveyed
since both of these surveys will be on a similar timeline. It is expected that results of the survey will
be made available to Council by the end of July or early August.
Financial Implications: The Community Survey contract includes services to design, implement,
analyze and report on a Community Survey for the residents and voters in the Town of Avon. It is
estimated that the Community Survey will not exceed $10,500. This amount has already been
budgeted for in the Community Relations budget for 2008.
Recommendation: Approve Venturoni Surveys & Research Contract for a Community Survey not
to exceed $10,500.
Proposed Motion: I move to approve the Venturoni Surveys & Research Contract for a Community
Survey for a not to exceed amount of $10,500.
Attachments: Exhibit A: Venturoni Surveys & Research Contract
Town Manager Comments:
• Page 2
Exhibit A:
Venturoni Surveys & Research
SURVEY SERVICES CONTRACT
This agreement is made effective as of February 11, 2008 by and between Town of Avon and Venturoni
Surveys & Research (VSR)
The parties agree as follows:
1. AGREEMENT PERIOD. The term of this agreement shall commence February 11, 2008 and
terminate by 12/31/08.
2. DESCRIPTION OF SERVICES. VSR shall conduct a Community Survey for the Town of Avon. The
methodology, scope and deliverables of the Community Survey are described in more detail on
Exhibit A, which is attached to this Agreement.
3. COST, COMPENSATION AND PAYMENT PROCEDURE. VSR's compensation for this project shall
not exceed $10,500. A more detailed description of cost for the survey is provided on Exhibit A. The
Town of Avon shall pay VSR half upon signing of the contract and half upon delivery of the final
report, within 30 days of receipt of the invoice.
4. ASSIGNMENT. VSR's obligations under this agreement may not be assigned or transferred to any
other person, firm, or corporation without prior written consent of the Town of Avon.
5. TERMINATION. This agreement shall be effective from February 11, 2008 through 12/31/08, unless
either party provides 60 days written notice to the other party prior to the termination of the
applicable term. The Town of Avon reserves the right to terminate the contract, upon 30 days written
notice to contractor, for failure to perform services acceptable to the Town of Avon.
6. RELATIONSHIP OF PARTIES. The parties understand that VSR is an independent contractor with
respect to the Town of Avon, and persons assigned by VSR to work on this project are not employees
of the Town of Avon.
7. NOTICES. All notices required or permitted under this agreement shall be in writing and shall be
deemed delivered in person or deposited in the U.S. mail, addressed as follows:
If to the Town of Avon:
If to VSR:
Town of Avon
PO Box 975
400 Benchmark Road
Avon, CO 81620
Venturoni Surveys & Research
422 Idlewild Drive
Avon, CO 80435
8. ENTIRE AGREEMENT. This agreement contains the entire agreement between the parties and
there are no other promises or conditions in any other agreement whether written or oral. This
agreement supercedes any prior written or oral agreements between the parties.
9. AMENDMENT. The agreement maybe modified or amended by the mutual agreement of the parties
if the amendment is made in writing and is signed by both parties.
Venturoni Surveys & Research Contract
Town of Avon Community Survey — Page 1
Exhibit A:
10. SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that
any provision of this agreement is invalid or unenforceable, but that by limiting such provision it
would become valid and enforceable, then such provision shall be deemed to be written, construed,
and enforced as so limited.
11. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this
agreement shall not be construed as a waiver or limitation of that party's right to subsequently
enforce and compel strict compliance with every provision of this agreement.
12. RETURN OF RECORDS. Upon termination of this agreement, VSR shall return any records, notes,
data, memorandum, models, or other materials that were provided to VSR by the Town of Avon that
the Town of Avon may request VSR to return.
13. APPLICABLE LAW. This agreement shall be governed by the laws of the State of Colorado.
IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year first
written above.
Town of Avon VSR — Linda Venturoni
Date Date
Venturoni Surveys & Research Contract
Town of Avon Community Survey — Page 2
Exhibit A:
VENTURON1
Surveys & Research, Inc.
Exhibit A
remair
Avon Community Survey
Internet/Mail Surveys
Scope of Services:
1. Venturoni Surveys & Research, Inc (VSR) will provide a community survey for the Town of Avon which
provides feedback from Town of Avon registered voters and 2nd homeowners. The community survey will
focus on questions related to Town of Avon services, town policies and direction, most important issues,
future vision, etc. The community survey will be coordinated with the survey which is currently in the
planning process for the Nottingham Park Master Plan.
2. The Town of Avon will provide sample frame lists to VSR.
a. Town Sample Frames:
i. Voter Registration List
ii. Homeowner List (Assessor's database)
3. VSR will select the samples from the sample frames
4. VSR will work with Town of Avon staff to design the survey instrument
5. Client and VSR will finalize cover letter. Client will provide logo and appropriate signatures.
6. VSR will send 1st survey letter
a. Cover letter with web page address and IDN
7. Client will help increase the response rate by building awareness of the survey:
a. Articles in local newspaper
b. Radio interviews
c. Phone calls
d. Note: Do NOT print web page address in any PR items
8. 2"d Mailing (If response rates from 1St mailing do not meet projected numbers)
a. Cover letter with web page address and IDN
b. Paper version of survey
c. Return envelope
9. VSR will provide Survey data entry
10. VSR will perform Survey analysis
11. Survey report
a. Survey book with all results — Master Copy — 1 Large Notebook
b. Summary books for each council member (8 Small Notebooks) (Additional small notebooks can
be purchased for $50.00 each.)
12. VSR will present survey findings
a. VSR PowerPoint presentation with full survey findings
i. One presentation included in survey package price
b. Additional presentations charged at VSR hourly rates, as appropriate.
13. Payments:
a. 50% payment upon signing of contract
b. Remaining 50% upon completion of final report. Payments due within 30 days of receipt of the
invoice. Any invoice that remains unpaid after thirty (30) days shall accrue interest at the rate of
1.5% per month.
Approximate time frame for internet/mail survey:
Venturoni Surveys & Research Contract
Town of Avon Community Survey — Page 3
Exhibit A:
Task:
Time:
Instrument Design
Survey/Sample Preparation
Data Collection
Preparation for Analysis
Analysis Report
2-4 weeks
2-3 weeks
4-6 weeks (2 waves)
4-6 weeks
3-4 weeks
Approximate Costs for mail survey:
Task:
Survey Personnel Costs:
Costs:
Survey management
$750
Sample preparation
$450
Instrument design and layout
$1,500
Data cleaning/coding
$400
Data analysis and reporting
$3,500
Printing & Mailing Costs:
Survey printing and folding, Sample and mail
preparation, Mail merges, Postage, and Data
entry
$3,900
Total Cost for Survey
$10,500
Venturoni Surveys & Research Contract
Town of Avon Community Survey — Page 4
MEMORANDUM
To:
Thai:
From:
Date:
Re:
Honorable Mayor and Town Council
Larry Brooks, Town Manager
Danita Chirichillo — Special Events Supervisor
Meryl Jacobs — Director of Recreation and Cultural Services
February 21, 2008
White Water Park Marketing Campaign
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Summary:
The Recreation staff has developed a marketing/promotional campaign to grow the
awareness of our newest amenity. This campaign includes the following:
1. Half -page full color ad in Canoe & Kayak Magazine "Whitewater" edition on sale
March 20, 2008. National distribution of 78,000.
2. Internet advertising on eddyflower.com with placement of a banner ad at the top
of the River Guide search results page and My Favorites page February 1 —
September 1, 2008. This banner ad links through to the White Water Park
information on the Recreation Center web site.
3. Internet advertising on eddyflower.com with placement of a banner ad at the top
of the Boat Guide search results page and Classifieds page September 1 — January
1, 2009. This banner ad links through to the White Water Park information on the
Recreation Center web site.
4. Town of Avon logo on eddyflower.com with adjacent white water park and
contact information.
5. Working with Alpine Quest Sports to bring professional kayakers into the Avon
Park to offer free clinics for five/six weeks.
6. Working with First Descents to develop fundraising mechanism utilizing the
White Water Park.
7. Light -pole banners along Avon Road at Bob the Bridge.
8. Advertising pages purchased in Colorado Mountain Express and Vail Valley 365
the Official Visitors Guide.
All of the above items are included in the 2008 Special Events budget.
Discussion:
"Avon's Big Air Shootout" is an additional opportunity, which the Recreation staff
would like to recommend to council. Untraditional Marketing will formulate and
facilitate a kayak video competition in 2008 for the Town of Avon. "Avon's Big Air
Shootout" is an on-line competition built to get people excited about the park while
allowing them to compete for cash.
Kayakers will go to the park during the competition and take video of the tricks they are
performing. They will then upload the video on a web page hosted by the Vail Daily.
Videos will be accessible to anyone who has a computer. At the end of the competition,
the winning videos will be chosen by a jury and awarded cash prizes. "Avon's Big Air
Shootout" is proposed to take place May 15 through July 15, 2008. This extended time
line allows participants to enjoy each feature at its best! The Recreation staff believes
this type of exposure will generate valley wide interest without the operational impacts of
a typical event i.e., set-up, tear -down, staffing, etc.
Financial Implications:
The elements of the promotional campaign listed in the Summary are accounted for in the
2008 Special Events budget. The Avon Big Air Shootout would require a budget
revision in the amount of $6,000.
Town Manager Comments:
P -64x -
Attachments:
A. White Water Park ad placed in Canoe & Kayak Magazine
B. Untraditional Marketing contract for "Avon's Big Air Shootout"
intraditional marketing
This Account Services Agreement (this "Agreement") is made and entered
into as of February 15th, 2008 (the "Effective Date") by and between the Town of
Avon ("TOA"), having an address at PO Box 975, Avon, CO, 81620 and
Untraditional Marketing, Inc. ("UM"), having an address at PO Box 1430, Vail, CO
81658. TOA and UM may be referred to individually as a "Party" or collectively as
the "Parties."
RECITALS:
A. TOA wishes to retain the services of UM subject to the terms and
conditions set forth within this Agreement, in connection with the following business
aspects surrounding the planning, promotion, launch and management of the "Avon
Big Air Shootout" ("ABAS"). The program will include all aspects mentioned below
and in Exhibit A (attached).
AGREEMENT:
A. Term. TOA hereby engages UM to provide the services described in
Exhibit A commencing on the effective date above, and ending on July 15th, 2008.
B. Services. During the Term of this Agreement, UM will provide the
services and deliverables described below and in Exhibit A.
Contract Deliverables
• All efforts to announce, set criteria and judging, publicize, concept, manage, and
successfully implement the program listed on Exhibit A to encourage increased
kayaker participation in the Avon Whitewater Park.
Account Supervision
• Day to day management and operation planning and marketing of ABAS.
• Interact with TOA staff, as needed providing detailed TOA follow-up reports of all
meetings and tasks related to this project.
• Meetings or conversations with TOA representative(s) to include planning
sessions, project updates and budget discussions.
ABAS Plan Development and Budget Supervision
• Research, develop and implement the strategic ABAS marketing plan.
• Maintain project projected cost estimates built by TOA and UM.
ABAS Event Planning and Representation
• Management and representation as an agent of TOA for the duration of
the program.
• Soliciting/managing any experts needed to facilitate a successful
program.
PO Box 1430, Vail, CO 81658
970.477.0111
www.untraditional.com
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untraditional marketing
C. Client Responsibilities. During the Term of this Agreement, TOA will
be responsible for the project elements described below.
Public Relations ("PR")
• TOA will facilitate the PR for the ABAS and work strategically with UM to
align with the marketing plan.
Liaison
• TOA will involve UM as part of the larger TOA team and keep them aware
of all efforts being used for the ABAS and promoting the Avon whitewater
park.
Insurance
• TOA will provide a General Liability policy to cover the ABAS program as
determined necessary by the TOA Town attorney.
• The General Liability policy will name UM as an additional insured on the
policy.
• UM will provide proof of a General Liability policy in an amount
determined necessary by the TOA Town attorney.
D. Compensation. TOA will pay UM management fees for this project
totaling $6,000. This fee will be paid to UM on or before May 1st, 2008.
❖ UM will pay for all materials, advertising and awards needed for the ABAS.
UM will keep a record of all expenses and present them to the TOA
following the conclusion of the program. All expenses will be reimbursed
to UM upon approval from TOA.
❖ TOA is responsible for all fees and expenses associated with all aspects of
the ABAS. If for any reason ABAS discontinues, TOA will be responsible
for all costs committed at the time of written notification. Additionally, UM
entire fee is non-refundable.
❖ UM agrees to work within the available ABAS budget as detailed in Exhibit
A for all aspects of this project.
E. Event Cancellation. In the event of a drought year or any other
circumstance requiring an anticipated cancellation of the event outside the ability of
the TOA or UM to control, Staff members from TOA and UM will meet no later then
May 1st to determine whether or not to cancel the event. If the event is canceled
on or before this date, UM management fee will be $3,000. Any management fee
paid to UM prior to this cancellation equaling more then $3,000 will be returned to
TOA no later then May 30th, 2008.
PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com
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untraditional marketing
F. Indemnification and Insurance.
1. Indemnification of UM. TOA to the extent permitted by law will
indemnify and hold harmless UM, its shareholders, directors, officers and
employees (collectively, "UM Parties"), from and against any loss, cost, damage,
liability or expense incurred by any UM Parties ("UM Losses"), including reasonable
attorney fees and costs, arising out of the gross negligence or willful misconduct of
any of the TOA Parties; provided that indemnification shall not be provided under
this Section F. to the extent that UM Losses are attributable to the negligence or
willful misconduct of any UM Parties.
2. Indemnification of TOA. UM will indemnify and hold harmless
TOA, its directors, members, managers, officers, and employees ("TOA Parties")
from and against any loss, cost, damage, liability or expense incurred by any TOA
Parties ("TOA Losses"), including reasonable attorney fees and costs, arising out of
the gross negligence or willful misconduct of any of the UM Parties; provided that
indemnification shall not be provided under this Section F to the extent that UM
Losses are attributable to the negligence or willful misconduct of TOA Parties.
G. Termination. Either Party may terminate the Term of Engagement at
any time prior to its scheduled expiration immediately upon written notice to the
other Party for (i) any Material Breach or (ii) Insolvency. For purposes of this
Agreement, "Material Breach" means, with respect to either party, any willful
misconduct or any willful breach of or failure to or refusal to perform such parties
obligations hereunder that continues uncured for a period of ten (10) days following
written notice thereof to the breaching party and the term "Insolvency" means,
with respect to either party, (1) making a general assignment for the benefit of its
creditors, (2) applying for or consenting to the appointment of a receiver, trustee,
assignee, custodian, sequestrator, liquidator or similar official for itself or any of its
assets and properties, (3) commencing a voluntary case for relief as a debtor under
the United States Bankruptcy Code or any foreign laws for protection or relief of
debtors, (4) filing with or otherwise submitting to any governmental authority any
petition, answer or other document seeking (A) reorganization, (B) an arrangement
with creditors or (C) to take advantage of any other present or future applicable law
respecting bankruptcy, reorganization, insolvency, readjustment of debts, relief of
debtors, dissolution or liquidation, or (5) being adjudicated a bankrupt or insolvent
by a court of competent jurisdiction.
H. Nature of Relationship. The parties acknowledge and agree that
UM will be performing services under this Agreement as an independent contractor
to TOA and nothing in this Agreement or in the relationship of TOA and UM shall be
deemed to constitute a partnership, joint venture or any other relationship other
than that of contract Parties hereunder.
PO Box 1430, Vail, CO 81658 970.477.0111 www.untraditional.com
4.4
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intraditional marketing
I. Miscellaneous. This Agreement shall be governed by and construed
in accordance with the laws of the State of Colorado, without regard to its conflict
of laws principles, and any disputes shall be subject to binding arbitration in Eagle
County, Colorado. The losing Party shall pay all attorneys fees and costs of the
winning Party. This Agreement contains the entire agreement of the parties with
respect to its subject matter and supersedes any prior understandings, agreements
or representations by or among them with respect to its subject matter. This
Agreement may be amended only by a written instrument signed by both parties.
This Agreement shall be binding on and inure to the benefit of the Parties hereto
and their respective successors and assigns. The descriptive headings of this
Agreement are included for convenience and ease of reference do not constitute a
part of this Agreement. This Agreement may be executed in any number of
counterparts, each of which shall for all purposes constitute one (1) agreement
which is binding on all parties hereto. Neither Party may assign this Agreement
without the express written consent of the other Party.
We, as authorized representatives of UM and TOA, agree to uphold the terms and
conditions of this agreement to the best of our abilities.
Untraditional Marketing, Inc Town of Avon
Signature: Signature:
Name Printed: Name Printed:
Date: Date:
PO Box 1430, Vail, CO 81658
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970.477.0111 www.untraditional.com
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intraditional marketing
Exhibit A,
Avon's Big Air Shootout
Untraditional Marketing will formulate and facilitate a kayak video competition in
2008 for the Town of Avon. "Avon's Big Air Shootout" is an on-line competition built
to get people excited about the park while allowing them to compete for cash.
Kayakers will go the park during the competition and take video of the tricks they
are performing. They will then upload the video on a web page hosted by the Vail
Daily. Videos will be accessible by anyone who has a computer. At the end of the
competition, the winning videos will be chosen by a jury and awarded cash prizes.
When: May 15th - July 15th
Prize: $2,500 for men and women's the biggest trick performed
Marketing:
o Posters and flyers will be distributed in Eagle, Summit and Garfield County
o Competition information will be posted on kayaking forum web pages.
o The Vail Daily will be the presenting sponsor of the event and run a
marketing campaign*.
Untraditional Marketing responsibilities:
o Produce rules and regulations for the competition.
o Work with the Vail Daily* to ensure information on line is updated.
o Design, produce and distribute posters and flyers.
o Post and maintain forum postings.
o Assemble jury for judging and announce winners.
o Contact local radio stations for marketing opportunities.
BUDGET & FEES
o Advertising:
• Vail Daily
• Radio
• Printing
• Design
o Awards:
• Cash
o Project Management:
• Untraditional Marketing
Total fee:
* Pending Vail Daily agreement
$0* One time fee
$500 DJ mentions
$150 Posters & flyers
$200 Design posters & flyers
$5,000 $2,500 for men & women
$6,000
$11,850
PO Box 1430, Vail, CO 81658 970.477.0111
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HEART of the VALLEY
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Matt Gennett, AICP, Planning Manager X�,�r,
Date: February 26, 2008 Council Meeting
Re: Work Session on a Wildwood PUD Amendment
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Summary:
Attached to this memo is a request by Ironwood Properties LLC to discuss and receive
feedback from the Council on a conceptual development plan for the property located at
1051 Wildwood Road. The proposal, as outlined in their letter dated January 31, 2008,
contemplates (1) an increase in residential density; (2) residential unit size(s) of
approximately 3,000 sf.; and (3) Eagle County occupancy restrictions for five of the units.
Town Manager Comments:
Attachments:
Request letter from Ironwood Properties LLC and attached conceptual site plan.
IRONWOOD PROPERTIES, LLC
January 31, 2008
Matthew R. Gennett, AICP
Senior Planner
Community Development
Town of Avon
P.O. Box 975
Avon, Colorado 81620
Re: 1051 Wildwood
Town Council Work Session
Meeting request
Dear Matt,
We request the opportunity to meet with the Town Council in a work session to discuss
the proposed increased residential density and the restricted nature of the additional units
requested. We are proposing to:
• Increase residential dwelling unit density of the 1.6 acre parcel from 8 units to 13
units;
• Reduce the maximum unit size from 6,000 sf per unit to 3,000 sf per unit;
• Restrict the sale and occupancy of the additional five units to Eagle County
Residents only.
We would appreciate the opportunity to meet with Town Council at their February 12,
2008, meeting.
Please deduct the $500.00 meeting fee from the reimbursement of the PUD Application
fee.
Thank you.
IronWood Properties, LLC
Timothy Broeren
Principal
24853 Chris Drive
EVERGREEN, COLORADO, 80439 Telephone 303-674-0765
Wildwood PUD, Lot 9, Block 5
Use by Right versus Proposed Development Comparison
General Information: 1.61 acres, 70,131 sf
Use By Right
Proposed Development
Maximum Site Coverage
35,066 sf
10,944 sf
Minimum Landsacpe Area
17,533 sf
40,715 sf
Setbacks
Per Code
Comply with Code
Residential Unit Density
8 units
13 units
Max. GRFA per unit
Total GRFA
6,000 sf per unit
48,000 sf
3,000 sf per unit
39,000 sf
Building Height
Per Code
Comply with Code
Parking
Per Code
Comply with Code
Grades, Snow Storage
Per Code
Comply with Code
Owner/Occupant Restriction
None
Restrict 5 units to Eagle
County Residents Only
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SCALE: 1" = 20'-0" .
ZONING INFORMATION
The following is a summary of the Avon Zoning Requirements for the
Widridge PUD
Lot Area = 1.81acres = 70,131.8 s.f.
Maximum Site Coverage = 50% of Lot Area = 35,088 s f (includes garages)
Proposed site coverage = 10,944 sf (18%)
Minimum Landscape Area = 25% of Lot Area =17,533 s. f.
Proposed site coverage = 10,944 of (buildings)
Proposed impervious material= 18.473 et (drives and patios)
Total impervious = 29,417 of
Proposed Landscape Area
70,13113 (Lot area) -29,417 (rmperv. area) = 40,714.8 sf of landscape area
(58%)
Setbacks: Front Yard = 25'
Rear Yard = 10'
Side Yard = 7 5'
Setback exceptions:
Patios, walks, at -grade decks & steps may project into setback, no restriction
GRFA No building containing 1 or 2 living units shall be less than 1,200 SF
(min) or more then 8,000 SF (max) per unit, not including the garages
Density = Increase density for the 1.81 acre parcel from 8 writs to 13 units.
Proposed addition restrictions:
Provide deed restrictions on five residential units
Change the maximum unit size from 8,000 sf per unit to 3,000 sf per unit
Maximum Height = 35'. Height Measurements are measured from ridge of
roof directly down to existing or new grade below.
Parking Requirements: 2 spaces per unit, with 1 in a garage. 9x18 spaces
Driveway Cuts: 20' min, 24' max.
Driveway Grades: first 20': 4% max
8% max grade
garage adjacent 20': 4% max.
Grade slopes 2:1 max. Retaining wails over 4 feet height to be engineered
Snow Storage: 20% of impermeable surface area, 8 R wide min
lighting: Downlighting, frosted glass, etc.
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